Valencia sentenced, BOLO for killer car, arrest in Angeles Crest road rage and 3 feet 2 pass passes

Lots of news to catch up on while I take a break from work.

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First up, Marco Antonio Valencia has finally been sentenced in the drunken and high hit-and-run death of Joseph Novotny over two years ago. Valencia had an estimated BAC of .23— nearly three times the legal limit — as well as methamphetamine, cocaine and marijuana in his system at the time of the 11 am collision.

The now 22-year old driver will spend the next 26 years to life in state prison.

Unlike some other notable cases, there’s no satisfaction or sense of victory in this case. At least, not for me.

Just an overwhelming sense of sadness that two lives ended that day — Novotny and the man who killed him — because we as a society couldn’t manage to keep a repeat, underage drunk driver off the roads.

And fear of how many more Valencia’s there are out there just waiting to happen.

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Next up, there’s BOLO alert in the hit-and-run death of Alex Romero on the Valley’s Canoga Park Blvd last April.

Authorities have identified the car used to flee the scene after killing Romero in a high-speed collision, and traced it first to Palmdale, then San Pedro before losing track of it. As a result, you’re urged to be on the lookout for the following vehicle —

SUSPECT VEHICLE:

2003 TOYOTA COROLLA 4 DOOR, LIGHT GRY OR SILVER

LIC PLATE: 5FCA061

(REGISTERED TO ADDRESS IN PORTER RANCH)

MISSING RIGHT SIDE MIRROR & FRONT EMBLEM, DAMAGE TO RIGHT PORTION OF WINDSHIELD, AND POSSIBLE FRONT GRILL DAMAGE

Anyone with information about the crime is asked to call Valley Traffic Detective Krajchir, at (818) 644-8034. During non-business hours or on weekends, calls should be directed to 1-877-LAPD-24-7. Anyone wishing to remain anonymous should call Crime Stoppers at 1-800-222-TIPS (800-222-8477). Tipsters may also contact Crime Stoppers by texting the word “TIPLA” and the message to phone number 274637 (C-R-I-M-E-S on most keypads) with a cell phone. Tipsters may also go to www.lacrimestoppers.org, click on “Submit a Tip” and follow the prompts.

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An arrest has been made in the case discussed here recently in which a driver was accused of threatening cyclists on Angeles Crest Highway.

According to the Arcadia Patch, Earl Clyde Cox of La Crescenta threatened two separate groups of cyclists along the highway in a road rage incident.

Frighteningly, he reportedly told deputies that the riders weren’t being considerate, so he appointed himself as a driveway vigilante fashion and set out to teach them some manners.

I have a feeling he’s going to learn some the hard way himself.

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There’s good news from Sacramento for a change, as the proposed three-foot passing law passed the state Assembly’s Transportation Committee.

According to the California Bicycle Coalition, the measure passed on an 8 to 5 vote after an hour of impassioned testimony, including support from Bakersfield Senator Michael Rubio, who spoke as a private citizen and cyclist.

Not surprisingly, the AAA — both NorCal and SoCal editions — came out strongly against the bill, suggesting that it be made optional for drivers. So basically, they think their members should have the right to buzz you if the mood strikes.

Meanwhile, a lobbyist for the Teamsters insisted on their members’ right to continue killing cyclists by passing too closely.

Now the bill moves on to the full Assembly, which means it’s time to flood your own representative with letters of support for SB 910.

Let’s end with this quote from CBC Executive Director Dave Snyder —

“…Yesterday’s hearing offered a sobering reminder of how far California still has to go to ensure that everyone who uses the roads can do so safely. It’s disturbing to see AAA and the Teamsters try to defeat a measure that would give drivers – those with the greatest potential to harm others on the road – clear guidance on how to share the road more safely. Drivers who ride bicycles or know someone who does should be deeply concerned about how they’re being represented before lawmakers in Sacramento.”

On second thought, let’s end on this from Cyclelicious, as he urges you to support another bill, SB 582, that could begin to level the playing field for those who prefer to commute via something other than four wheels.

Like a bicycle, for instance.

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There’s been a non-development in Dr. Christopher Thompson’s appeal of his conviction in the Mandeville Canyon Brake Check, in which the Good Doctor tested his stopping power by slamming on the brakes in front of two riders, seriously injuring both.

According to cyclist/attorney Dj Wheels, the oral arguments scheduled for Wednesday have been cancelled after Thompson’s attorney declined to argue his case.

Evidently, that’s not unusual. And since the appellant chose not to appear, the attorney for the People of California chose not to appear, as well. After all, there’s no point in responding when there’s no one to respond to.

So what’s next?

Brace yourself. According to Wheels,

In the normal course, the case will be “submitted” tomorrow (Wednesday), without oral argument, and the court will have 90 days from that date to file its opinion.  If the conviction is affirmed, appellant will have the opportunity to seek rehearing, if he can identify a very specific error in facts in the Court of Appeal.  He can also, and universally will, file a petition for review in the California Supreme Court, identifying specific issues under specific conditions that would justify a  grant of review in the Cal. Supreme court.  He may also collaterally attack the conviction in the California courts by means of a writ of habeas corpus.  For those federal claims that have been exhausted in state court, he may then file a petition for writ of habeas corpus in the federal district court, which could lead to the 9th Circuit Court of Appeals and the US Supreme Court.

In other words, we’ve got a long damn row to hoe before the case involving this particular repellant appellant is finally settled.

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Jury selection is scheduled for Wednesday in the case of Gordon Catlett Wray, the driver accused of killing local scientist and cyclist Doug Caldwell and injuring fellow rider Scott Evans; opening arguments will follow either Wednesday afternoon or Thursday morning, depending on what time jury selection concludes. The trial will take place at the San Fernando Courthouse, 900 Third Street in the city of San Fernando, case #0SR05313. Cyclists are urged to attend to show their support for the victims.

Update: I’ve just been informed that the charge against Wray is misdemeanor vehicular homicide; as always, that could be reduced if there’s a settlement.

Thanks to John Stesney for the reminder.

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Outrage from cyclists has had an effect in Mississippi, as a local DA has agreed to reopen the investigation into the hit-and-run driver who ran over a cyclist, got out of her car to look at her, then got back in and ran over her again. The victim was victimized yet again when authorities concluded that her actions weren’t prohibited under Mississippi and there was nothing they could charge her with.

Hopefully, a more thorough scouring of state laws will turn up something this time.

Personally, I vote for attempted murder. Or at the very least, a couple counts of assault with a deadly weapon.

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Finally, thanks to George Wolfberg, and Tim Rutt of Altadenablog, for forwarding the New York Times report on noseless saddles designed to help put a little less pressure on the groins of male riders, and help them get a little more wood out of the saddle.

Not that you have a problem with that, of course.

Valencia sentencing delayed, upcoming events and a little light reading for your holiday weekend

Dj Wheels reports that yesterday’s scheduled sentencing for Marco Antonio Valencia in the drunken and stoned hit-and-run death of cyclist Joseph Novotny has been delayed until next month.

The defense has challenged Valencia’s conviction based on a charge of juror misconduct. As a result, the judge has continued sentencing until June 28th, when he will rule on the defense motion: if he denies the motion, sentencing will take place on the spot, if not, there is a possibility of a retrial in the case.

Despite the delay, the judge allowed Novotny’s widow and family to give their victim impact statements for the record. Wheels reports that each one spoke movingly about the deep sadness that resulted from his death, as well as his kind and unselfish nature; Novotny’s mother also offered photos of Joseph to Valencia’s family.

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A blogging caregiver discusses how to keep new drivers safe, reminding parents of something that will resonate with many cyclists:

New drivers must realize that a car is a dangerous weapon and it is critical that they focus on their driving and be cognizant of everything around them.

Most not-so-new drivers could use the same reminder, as well.

Thanks to Stanley Goldich for the heads-up.

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In Giro d’Italia news, the erotically named Eros Capecchi wins Stage 18, while Paolo Tiralongo wins Stage 19 as race leader Alberto Contador declines to contest the finish against his former teammate.

Speaking of Contador, his appeal hearing on doping charges has been delayed, and probably won’t be concluded until after the Tour de France. Which means if he wins yet another victory this year, it could be invalidated afterwards — if he’s even allowed to compete with the cloud hanging over his head.

Meanwhile, the Atlantic says it’s impossible to separate the doping accused Lance from the anti-cancer do-gooder; the Times’ Bill Dwyre is troubled that more people aren’t troubled.

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The holiday weekend is a little quiet on the local bike scene, but a lot of events wait just down the road.

Bike Talk airs every Saturday at 10 am; listen to it live or download the podcast from KPFK.

San Gabriel Valley riders can meet for a Memorial Day Weekend “What-the-Heck” ride on Sunday, May 29th; meet at Granada Park near Fremont Ave and Montezuma Ave in Alhambra at 9 am, with the ride rolling at 9:30.

Santa Monica hosts Bike It! Day on Wednesday, June 1st, to encourage local students to bike and walk to school.

Saturday, June 4th, the Palms Neighborhood Council and the LAPD’s Pacific Division is sponsoring the 2011 Bike Rodeo from 10 am to 2 pm at Palms Elementary School, 3520 Motor Ave; events include a bike safety course, safety inspection, radar speed test and a bike giveaway, as well as live entertainment and free food.

Folk Art Everywhere explores the historic West Adams District on their next bike tour on Saturday, June 4th; expect an easy, fun and fascinating ride perfect for beginning to moderate cyclists. Meet at Mercado La Paloma, 3655 S. Grand Avenue in Los Angeles, at 11 am, with the ride starting at 11:15.

Flying Pigeon hosts their monthly Brewery Ride on Saturday, June 4th from 3 to 5:30 pm, followed by the Spoke(n) Art Ride on Saturday, June 11 and the Get Sum Dim Sum Ride on Sunday, June 19th. All rides meet at Flying Pigeon Bike Shop, 3714 North Figueroa Street in Highland Park.

Join me, and thousands of other cyclists at L.A.’s favorite fundraiser ride on Sunday, June 5th with the 11th Annual River Ride; advance registration is open through Wednesday the 1st; use special discount code TEDBC11 (case sensitive) to get a $10 discount on online registration courtesy of BikingInLA. Volunteers are still needed, and based on my experience last year, it’s about as much fun as you can have without actually riding; email RRvolunteer@la-bike.org for more info and to sign up.

If you can make it up to Sacramento on Sunday, June 12th, Ride4Matt is sponsoring a charity ride to benefit Matthew Wietrick, who was seriously injured while riding last February. Choose from routes of 10, 35 and 70 miles, with a $7 BBQ lunch after the ride; donations gratefully accepted.

Also on Sunday, June 12th, Flying Pigeon is hosting an evening with Yves Engler and Bianca Mugyenyi, authors of “Stop Signs: Cars and Capitalism on the Road to Economic, Social and Ecological Decay.” It takes place beginning at 7 pm at Flying Pigeon, 3714 North Figueroa Street in Highland Park.

Flying Pigeon Bike Shop will host a fundraising bike ride and party to benefit Streetsblog LA on Friday, June 17th, beginning and ending at Flying Pigeon, 3714 North Figueroa Street in Highland Park; ride meets at 6 pm, with party to follow at 8 pm.

The July 10th CicLAvia has been cancelled, but the October 9th event is a definite go, with an expanded route taking participants another 2.5 miles into Boyle Heights.

Tuesday, August 30th, Santa Monica’s Library Alehouse will host a benefit night for Streetsblog LA; 5% of all food and drink purchases will benefit Streetsblog; 2911 Main Street.

And mark your calendar for the 2011 L.A. edition of the Tour de Fat on October 9th; you’d think someone in the scheduling department would have noticed that the 9th is Yom Kippur this year.

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Austin Nichols meets the Queen Mary in the LACBC’s third River Ride promo. Two-wheeled sight seeing tour company Bike and Hikes LA opens a West Hollywood storefront. A Santa Clara University professor is seriously injured in a classic left cross collision, while the local paper blames the victim. A 75-year old Corning cyclist is killed after riding through a stop sign into oncoming traffic — just two doors from his own home. Another unidentified cyclist is killed in Tulare County — the driver claims he just didn’t see him, but doesn’t explain why he was driving on the shoulder; thanks to Danny Gamboa for the link. San Francisco’s first bike lane celebrates it’s 40th birthday.

As gas prices increase ridership, lawmakers continue to gut bike programs. Good busts popular myths about biking. A Tucson-area cyclist develops a one-ear ear pod that funnels your full iPod output into a single channel. Colorado National Monument celebrates it’s 100th birthday by denying the new USA Pro Cycling Challenge a permit to follow the Tour of the Moon course made famous by the late Coors Classic. Kansas becomes the 14th state to require interlock devices for drunk drivers; something we seem to desperately need here. Chicago talks about protected bike lanes. New York cyclists prepare a class action lawsuit in response to the NYPD’s heavy-handed crackdown. The anti-bike bikelash spreads to Philadelphia; Stanley Goldich reminds us about Bob Mionske’s insightful look at the subject.

Toronto’s new mayor seems to like bike lanes, as long as they don’t get slow down cars. Three years later, British authorities decline to file charges in the death of a 17-year old cyclist; and I thought our justice system was slow. Czech artists develop another DIY bike lane that’s projected in front of you as you ride. Cape Town, South Africa is named one of the world’s 15 most bike-friendly cities; from what I’ve read, the rest of the country has a long way to go. Jakarta cyclists turn out for the official opening of the city’s first bike lane.

Finally, a British rider barely avoids becoming the meat in a bus sandwich. And apparently, my 15 minutes of fame has extended into a blind Bike Snob link; by my calculation, that leaves about 12 minutes and 37 seconds left.

Legal update: DUI driver arraigned for injuring Adam Rybicki, Valencia sentencing today

These days, it seems like there are as many court cases involving cyclists than there are riders on the streets.

Fortunately, cyclist/attorney Dj Wheels has done his usual great job of keeping us up to date with the latest legal proceedings — including charges against the under-aged, allegedly intoxicated driver who ran down who hit Adam Rybicki head on, and Thursday’s sentencing for Marco Antonio Valencia, convicted in the hit-and-run DUI death of Joseph Novotny.

Editor’s Note: While Dj Wheels provided updates on these cases, any commentary or information beyond the actual status of the cases are mine. So blame me, not him.

Jaclyn Andrea Garcia:  Charges were filed May 19th at the Torrance Courthouse for the DUI collision that critically injured cyclist Adam Rybicki this past April. The Supervising Judge recused all the judges there from hearing the case, with no public explanation for his actions; however, rumor has it that Garcia’s mother is a court reporter in Torrance, which would explain the recusal.

As a result, arraignment was held Tuesday in Department 5 of the Inglewood Courthouse, Case #YA081126. Garcia’s attorney, George Bird, entered a plea of not guilty to all four counts:

1) CVC 23153(a) – DUI w/ injury
2) CVC 23153(b) – DUI w/ BAC over .08 and injury
3) CVC 23153(a) – DUI w/ injury
4) CVC 23153(b) – DUI w/ BAC over .08 and injury

Bird also informed the court on the record that his client has voluntarily surrendered her driver’s license, entered into a three-month alcohol program, voluntarily attended 18 Alcoholics Anonymous meetings, and has begun electronic alcohol monitoring with the SCRAM device made famous by Hollywood’s favorite outlaw.

Too bad it’s just a little too late.

Had Garcia sobered up a few months earlier, Adam Rybicki might not be in a coma right now, the victim of a 20-year old woman still drunk and behind the wheel at 7:15 in the morning.

And you can bet that none of the actions Garcia took in surrendering her license or entering rehab were her idea; it was no doubt ordered by her attorney in an attempt to show remorse and get his client released with nothing more than a slap on the wrist.

After all, it’s worked for any number of Hollywood celebrities, whose first stop after hitting the tabloids is usually a stint in luxury rehab.

And by all accounts, Garcia’s high-priced attorney knows what he’s doing. Maybe if Dr. Thompson’s attorney had ordered him straight into rehab, he might be a free man today.

Let’s hope that the court takes this case seriously, and doesn’t let yet another driver buy her way out of taking responsibility.

Speaking of the infamous Good Doctor:

Dr. Christopher Thompson:  The date for oral arguments has been continued upon the court’s own motion in the appeal of Dr. Thompson’s conviction for intentionally injuring two cyclists in Mandeville Canyon by slamming on his brakes in front of them.  The new date is now 6/29/11.

Marco Antonio Valencia:  Valenica was convicted last month in the hit-and run DUI death of cyclist Joseph Novotny. The sentencing hearing is scheduled for today (Thursday) at the San Fernando Court; he faces up to 24 year to life in prison.

Shawn Fields:  Fields is charged with the hit-and-run DUI death of 17-year old cyclist Danny Marin in Pacoima last October. Fields reportedly told investigators that he thought he might have hit something, because he remembered seeing sparkly dust flying over him — from the windshield shattered by Marin’s body. Pretrial/Trial Setting Conference is scheduled for 6/22.

Patrick Roraff & Brett Morin:  Roraff and Morin are charged with causing the death of rising pro cyclist Jorge Alvarado in April of last year. The two were allegedly street racing when Roraff lost control and slammed into Alvarado, who was riding on the opposite shoulder. Pretrial conference is scheduled for 7/7.

Stephanie Drew Segal:  Segal is charged with the hit-and-run DUI death of cyclist James Laing in Agoura last year (notice a theme here?). She allegedly plowed into Laing after leaving a local wine tasting room, and entered into a rehab facility after her arrest. Preliminary setting is scheduled for 6/28; Wheels notes that the docket says the DA has been ordered to have victims present, which is unusual for this type of hearing.

Renato Demartino:  Demartino is charged with the hit-and-run death of 22-year old cyclist Marco Acuapan, who died in April, four months after he was allegedly hit by Demartino’s car while riding in a bike lane in Tustin. A pretrial conference scheduled for 6/1.

Danae Marie Miller:  Miller is charged with the death of world-class triathlete Amine Britel; she was allegedly drunk and texting when she rear-ended Britel, who was riding in a marked bike lane. Pretrial conference scheduled for 7/15.

Captain John David Hines:  Hines, a Long Beach Fire Captain, is accused of plowing into cyclist Jeffrey Gordon, then fleeing the scene, despite legal, and professional, obligations to stop and render aid. He had allegedly been drinking for hours in a local bar before getting behind the wheel, and had a BAC of .24 at the time of his arrest — three times the legal limit. And once again, he reportedly checked into rehab right after his arrest. Pretrial conference scheduled for 6/17.

Satnam Singh:  Singh is charged with killing 20-year old college student Nick Haverland in yet another hit-and-run DUI — this time, in a hit-and-run rampage involving three separate collisions in a matter of minutes that left five people injured and Haverland dead. Pretrial conference scheduled for 6/14; Singh remains in custody with the Ventura County Sheriff.

Breaking News — Marco Antonio Valencia guilty on all counts in murder of Joseph Novotny

According to cyclist/attorney Dj Wheels, a San Fernando courthouse jury has found Marco Antonio Valencia guilt on all counts in the drunken, hit-and-run death of Joseph Novotny.

Valencia now faces 15 to life for a conviction on 2nd degree murder, as well as 24 to life due to special circumstance enhancements on the charge of gross vehicular manslaughter while intoxicated.

Wheels notes that Valenica’s two priors for driving while intoxicated may lead the judge to impose a stiffer sentence, on the higher end of the sentencing scale.

Sentencing scheduled for Thursday May 26th, at 8:45 am in Department C of the San Fernando courthouse; the D.A. will reportedly contact the other victims as well as Novotny’s family so they can be present for the sentencing.

Evidently, there was no question about guilt, as the jury deliberated for just 1 hour and 20 minutes before reaching a verdict. Novotny’s mother has been following the case and may have been in the courthouse for the reading of the verdict, before being taken to see the route Novotny rode and the scene of the collision by members of the Santa Clarita Velo Club.

Valencia was convicted on five of the original nine charges, after four lesser charges involving two of the other injured cyclists were dropped for unknown reasons.

Possible justice in Jim Swarzman hit-and-run, Zeke’s brother Dave blasts Universal

It looks like justice may be coming for Jim Swarzman after all.

Joseph Ricardo Fernandez of Carlsbad has been rearrested and is being held on $100,000 bond pending arraignment on Wednesday. Fernandez was arrested after turning himself in the day after Swarzman was killed in a violent hit-from-behind collision, telling police investigators he thought he might have hit something.

However, he was released from custody just moments before the planned arraignment on April 14th, as prosecutors declined to file charges at that time.

It will be interesting to see just what charges are filed.

Problem is, no matter how severe the penalty ends up being, it can’t undo the past and bring a well-loved man back.

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On a similar subject, cyclist/attorney Dj Wheels reports that the defense has rested in the murder trial of Marco Antonio Valencia for the drunken hit-and-run death of Joseph Novotny, and jury deliberations will start tomorrow.

The question doesn’t seem to be if Valencia will do time for the hit-and-run, but whether he will be convicted of the murder charge, with its possible life sentence. Wheels has noted previously that even if he is acquitted of murder, Valencia still faces up to 20 years in prison.

Yet no amount of jail time will bring Novotny back, either.

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Bob Mionske says there has to be some middle ground between felony manslaughter and failure to yield, serious prison time or a slap on the wrist. As usual, he gets it right; definitely worth reading for anyone interested in genuine justice on our streets.

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Maybe you’ll recall that I’ve complained more than once about Universal Studios’s refusal to allow an extension of the L.A. River Bike Path or revitalization of the river through their North Hollywood property.

And that as far as I’m concerned, any plans for expansion should be dead in the water until their attitude changes. Including the silly explanation that they fear failing screenwriters will throw their scripts over the fence if they’re allowed to get that close.

Like they couldn’t just buy a ticket for the studio tour.

So I found it very amusing — and dead on the money — when Dave Yount, brother of North Carolina bike scribe Zeke, sent me the following email:

Hey Ted,

I just stumbled across these drawings for plans for the huge expansion at Universal Studios.  I knew they were trying to block any extension of the LA River path through the studio lot, but I didn’t realize they had offered an alternative bike path through the property.  Check out the drawings here:

http://www.lasubwayblog.com/2010/11/nbc-universal-evolutions-proposed.html

Are you familiar with Universal City Walk?  They have the bike path going up the hill from Lankershim, conveniently buy (pun intended) City Walk, back north across some new road and back down to Barham.  First of all, nobody is going to (and most can’t) ride a bike up that hill.  Secondly, you have to go through all the traffic at City Walk to get to this new road they are building.  Finally, if you are trying to get to the Cahuenga Pass, you then get to climb up Barham after having just pushed your bike up the hill to City Walk.

The nerve of some planning (PR) a$$holes never ceases to amaze me.

Bro Dave

Thanks to Dave for permission to share this. And say hi to Zeke.

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A teenage mountain biker is airlifted to safety after falling off a 50 foot embankment in the Claremont area. Metro will consider removing — or perhaps just studying — the rush hour bike ban on their trains, as well as an Active Transportation Agenda, at Thursday’s board meeting; LACBC says your help is needed. The next BPIT meeting is coming up next week, while the city prepares a package of projects for environmental review; Bikeside accuses L.A. Planning and LADOT of hijacking the process. Raise funds for LACBC while you River Ride and you could win big. Streetsblog offers a handful of opportunities to raise funds and have fun. Thirteen SoCal bike coops gather to trade notes last weekend. Glendale announces plans for next month’s Bike Month. The new Bike Newport is sponsoring a low-stress family fun ride for Sunday, May 15th.

Going carless can put the equivalent of a $4 an hour raise in your pocket, while higher gas prices mean fewer wrecks.  Bicycling asks what’s the best bike for bicycle commuting; how about the one you have? Lovely Bicycle asks if it’s really productive to criticize other cyclists. A reluctant bike commuter takes to the streets of Seattle. Albuquerque opens limited access highways to bikes. Take a baseball bat to a high-end bike, and get two years probation — even if your version of events is termed a fantasy. New York police insist on forcing cyclists to ride in the bike lane, even if it kills them — the cyclists, that is. The Wall Street Journal stops the presses for a little positive news about a New York cyclist.

Great Britain risks fielding a reduced bike team at this year’s Worlds and the 2012 Olympics. After a rough spring spent rehabbing a knee injuring, bike prodigy Taylor Phinney shows why the expectations are so high by finishing 2nd in the time trial prologue for this week’s Tour of Romandie; Jonathan Castroviejo takes 1st. Kate Middleton works for a Boston bike shop.

Finally, even Moscow — the one in Russia, not Idaho — promises to become bike friendly, although 2000 bike parking spaces and 45 kilometers of bikeways doesn’t sound like much in a city of 11 million.

Valencia trial nears conclusion, CA 3-foot law moves forward, NY Post absurdly fans the bikelash flames

Dj Wheels reports that the trial has resumed in the case of Marco Antonio Valencia, charged with murder and hit-and-run, among other charges, in the death of Joseph Novotny and the serious injury of three other riders.

According to Wheels, the prosecution has rested their case, and the defense is expected to conclude today after calling a single witness.

The defense’s expert witness, Dr. Ari Kalechstein, a neuro-psychologist who has testified in numerous other trials about the effect of intoxication on the brain and the effect on behavior, offered the opinion that Valencia was “unconscious” (either blacked out or passed out) at the time of the collision with the cyclists.

The prosecution’s cross examination has begun and will resume tomorrow morning (Tuesday) at 10:30am.  So far, the prosecution is attempting to establish that although someone is “unconscious” (i.e. blacked out) they can still be aware of what they are doing.  Also that despite the expert’s opinion, he can not provide the jury with any indication of what was going on in the mind of Valencia at the time of the collision.

After the defense rests, the judge and attorneys will have to confer about the appropriate jury instructions to read to the jury before closing arguments begin.

Hopefully they get through it all tomorrow so the jury can start deliberating.

The Signal reports on the same testimony, and notes Valencia faces 27 year to life if convicted on the murder charge.

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Jim Lyle reports that the news is good for Richard Schlickman, the cyclist injured recently in a fall caused by new speed bumps in Palos Verdes Estates, as he has been moved to a rehab facility and is talking up a storm. Meanwhile, no change in the condition of Adam Rybicki, critically injured in a collision with an alleged drunk, under-aged driver.

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California’s proposed three-foot passing law makes it onto the legislative agenda; provisions also include a requirement that drivers pass riders at no more than 15 mph above the speed of the bike, with a fine of $250 for violations. Meanwhile, Kansas cyclists get a shiny new three-foot passing law of their very own; that brings the total up to 17 states with a three-foot law.

And it could soon be illegal to use a hand-held cell phone while you ride.

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What kind of a jerk would steal a bike from a teenager with Downs Syndrome? As I’ve said before, there’s a special place in hell…

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Now you can round up your credit and debit card purchases, and contribute the difference to the Bikes Belong Foundation to support projects like People for Bikes and Safe Routes to School.

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The bike-hating New York Post once again smears Gotham cyclists, noting that 24% of riders they observed in bike lanes at a busy intersection ran red lights — but fails to note that the overwhelming majority didn’t. According to the paper, fifteen percent rode the wrong way or swerved in and out of bike lanes; yet once again, they neglect to mention that 85% stayed in the lanes and rode with traffic. Or the distinct possibility that cyclists swerved out of bike lanes because they were blocked by the city’s famously double-parking drivers or pedestrians who use the bike lane as an extra sidewalk.

They also get their hackles up over the 81 cyclists out of 7,182 riders — just over 1% — who rode on the sidewalk; something tells me a lot more drivers than that parked in the bike lane. And of course, when they describe an average of four near-collisions an hour, they fail to note who was at fault, absurdly implying that the cyclists were to blame in every case.

In a textbook example of pot calling kettle black an editorial today, the paper says “far too many cyclists are clueless, boors or bullies,” and calls for a continued crackdown on New York cyclists.

You have to admire a publication with such a firm commitment not to let facts or rationality sully their pages.

Meanwhile, some New York cyclists consider the city’s separated bike lanes “deathtraps;” however, the Wall Street Journal notes that the number of riders killed in them totals exactly zero.

And much-maligned NYDOT Commissioner Janette Sadik-Khan joins the board of Occidental College; could this be a first step in coming back home to Los Angeles?

Pretty please?

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Will Campbell shares a photo of the ghost bike for shooting victim Manuel Santizo. LACBC wants your support for bike lanes on the soon-to-be-widened North Spring Street Bridge. LAPD bike cops could soon be zipping around on e-bikes. Streetsblog notes that removing Brentwood and the Westwood condo corridor reduces the effectiveness of the planned Wilshire Bus Rapid Transit lane by 40% — not to mention putting cyclists, who would share those lanes, at continued risk in some of the most dangerous sections of the boulevard. HuffPo offers a biking route from Echo Park to Venice Beach. Gather some friends together make your own Santa Monica CicLAvia. Help take CicLAvia to South L.A. Dancer ala Mode says her new career as a bike advocate began when someone stole her bike. Next time you need your Penny Farthing fixed, Flying Pigeon can handle the job.

Rick Risemberg visits the new separated bike lanes in Long Beach; Mihai and Gary Kavanagh seem impressed as well. A Monrovia High student nears a perfect season in the SoCal high school mountain bike league. Great bike photos from the Claremont Day of Champions. Bicycling’s ride of the day is our own Mt. Baldy. Long Beach’s biking expats Russ Roca and Laura Crawford are the proud owners of Bike Radar’s website of the week. A 17-year old OC cyclist riding on the 405 Freeway gets a good talking to from the police. A San Diego cyclist suffers a life-threatening injury after being doored by a driver getting out of her parked car.

A comprehensive beginners guide to bicycling. How bike economics can help beat the energy crisis. Wired looks at the culture of bike messengers. Complete Streets means the freedom to get around the way you want. A bike hating Tucson driver considers switching sides. Former president George W. Bush rides with the Wounded Warrior Project. Illinois police will now track dooring incidents, after originally saying they couldn’t. Minnesota reminds drivers to share the road after the state suffers its first cycling fatality of the year. A new campaign identifies bike-friendly businesses in New York; something tells me the Post won’t be one of them. Mo Rocca says when the U.S. becomes a third world country, we’ll all be riding bikes; hey, works for me.

Male drivers are twice as likely to have distracted-driving collisions as women. A London cabbie starts a campaign against high-intensity headlights, saying they put cyclists and others at risk by blinding drivers. An 81-year old UK man is killed in a collision with a cyclist. BoJo will be giving Will and Kate a tandem for a wedding present. Pharma Lotto rider Phillipe Gilbert wins three classics in a single week, though some question if the Schleck brothers handed the last one to him. Tel Aviv is the latest city to suffer a bikelash over bike lanes. South Jakarta gets its first bike lanes, though it looks more like motorcycle parking in the photos.

Finally, New York state police pepper spray a drunk cyclist. And a member of New York’s Transportation Alternatives board of directors says cyclists need to show we’ll use bike lanes responsibly; if drivers were held to that standard, no new roads would ever be built.

The sad stats behind this year’s rash of Southern California bike deaths

I’ve started a database to track information about biking fatalities throughout the Southern California area.

It’s not just morbid curiosity.

I’ve gotten tired of people blaming cyclists for the unacceptably high rate of riding deaths, and wanted to be able to respond to baseless accusations with actual, factual statistics. And I want to be able to offer more than just anecdotes when arguing for better bike safety measures before various state and local bodies.

So far, it’s complete for this year only, from January 1st to date. As time allows, I plan to go back through my files and include every riding fatality I can find for the last few years.

If you know of a bike rider who was killed in Southern California — which for the purpose of this exercise I’m defining as anywhere between Santa Maria south to the Mexican border — prior to this year, feel free to send me the information or a link to the news story to ensure I don’t miss it.

I’ve been debating whether to share that information, though. In some ways, I think there’s too much focus here on the tragedies on our streets, especially this year with the rash of riding deaths we’ve seen. Lord knows, I’d much rather discuss happier topics.

However, I believe very strongly that that every fallen rider should be remembered. And that nothing will change if we don’t call attention to it — because no one else is likely to if we don’t.

However, that decision was made for me when Steve Vance, author of Steve Can Plan — one of the nation’s leading biking and transportation planning blogs — asked for more information following last night’s tragic death of Alex Romero.

And as long as I shared the information with him, I might as well share it with you.*

• Wednesday’s tragic hit-and-run death of Alex Romero was the 24th fatality of a cyclist in Southern California this year; 22 in traffic incidents or riding accidents and two by shootings while riding.

• Of those killed in traffic, 11 were the fault of the driver, the cyclist was at fault in nine, and two were undtermined; in two of the 11 collisions where the driver was at fault, poor street design may have been a contributing cause.

• Two cyclists died in solo collisions; one additional rider lost control and fell in front of an oncoming car.

• Two cyclists were killed by trains while crossing railroad tracks.

• Three were killed while riding on the sidewalk.

• Two died while riding without lights after dark, one was riding on wrong side of street.

• Despite common accusations against cyclists, none died as a result of running stop signs or red lights.

•Four of the deaths were hit-and-runs.

•At least five involved drugs and/or alcohol — four drivers, 1 cyclist — though we can safely assume that some of the hit-and-runs were likely committed under the influence, as well.

• Location, by county (includes shootings):

• Los Angeles – 8
• Orange County – 4
• San Diego – 7
• Ventura – 1
• Santa Barbara – 2
• Riverside – 2

• The current rate projects to 83 cyclists dying on the streets of Southern California in 2011, compared to an average of 100 deaths throughout the state each year.

* A quick note about necessary biases in my methodology. This database contains all the fatal cycling incidents of which I am aware; any incidents which failed to make the news or which I did not learn about by other means cannot be included here. In assigning fault, I accepted the determination of the investigating authorities where available, even when that was questionable; where no official determination was available, I made my own determination based on the information on hand. In the event of a hit-and-run, I assigned blame to the driver in the absence of any conflicting information.

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Cyclist/attorney Dj Wheels reports that the trial of Marco Antonio Valencia is on hold until next week, and could conclude as early on Monday. He speculates that the defense attorney is building an argument that Valencia was too intoxicated to appreciate the danger he posed behind the wheel, negating the required intent for conviction under the murder charge for the hit-and-run death of Joseph Novotny

However, even if the defense is successful in convincing the jury that Valencia was too wasted to know what the hell he was doing — or more accurately, the risk that he posed — his client still faces as much as 20 years on the other charges and numerous probation violations.

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The San Fernando Bicycle Club will be hosting a memorial ride on Sunday in honor of Jim Swarzman. The ride — Jim’s favorite with the club — will start at 8 am at the NW corner of Nordhoff and Etiwanda in Northridge; it will be a challenging 40 mile ride, with over 2,000 feet of climbing.

And yes, it is open to everyone.

Speaking of Swarzman, plans are in the works to improve road safety on Hwy 101 where he was killed by a hit-and-run driver; unfortunately, it comes a little too late.

And the LACBC reports receiving over $2500 in donations made in Swarzman’s name following the request of his family and his fiancé Nicole Honda’s request that donations be made to the LACBC in lieu of flowers. Honda also asked that anyone touched by Swarzman’s story get involved by joining the Los Angeles County Bicycle Coalition or the San Diego County Bicycle Coalition.

Donations can be made by PayPal or sent directly to the LACBC; indicate that it is for the Swarzman fund when you make your donation. You can make a difference on our streets by joining the LACBC, or giving a gift of membership to a friend or loved one, by clicking here.

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The bike rider who was bumped by a car, then fatally shot by a passenger in an apparent gang killing on Sunday, has been identified as 28-year old Manuel Santizo. According to KCBS-2, no arrests have been made.

Writing on the Midnight Ridazz forum, Aktive reports that Santizo was a hard-working man who gave most of the money from his job at Jack in the Box to his parents, and to the mother of his four-year old son. A ghost bike will be installed at the scene on Friday, while a car wash will be held on Saturday to benefit his family. Thanks to Dj Wheels for the heads-up.

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Best wishes to Eric B, who’s sporting a new sling and a broken collarbone after becoming collateral damage in a bike racing collision last weekend.

Cyclist killed in Indio area, suspected Jim Swarzman killer released, Marco Antonio Valencia on trial

I was really hoping I wouldn’t have to write this.

Last night, the CHP reported a collision involving a cyclist in the Indio area; the cryptic feed indicated that the coroner had been called.

As I searched for confirmation, though, I found another report online that said the coroner call had been cancelled, and the rider had been transported to the hospital with major injuries. The CHP feed was later updated to indicate that, as well.

Unfortunately, the good news didn’t last.

According to a story in the Desert Sun, 39-year old Travis Carroll was pronounced dead at 8:17 last night, after being hit by a van while riding on Avenue 42 in Bermuda Dunes. The collision occurred between Washington and Adams Streets at around 7:35.

The sparse description of the collision in the Desert Sun doesn’t really make sense.

The paper reports that Carroll was riding on the north side of the street, which suggests he would have been riding west if he was riding with traffic. He then reportedly began riding southeast, which would mean he either had to make a U-turn, or had actually been riding against traffic and drifted across the roadway before being struck by the west-bound van,

However, that raises the question of why he would cross the path of an oncoming vehicle which should have been clearly visible as he faced it — especially since the paper reports that alcohol does not seem to be a factor.

According to reports, the investigation is ongoing.

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The same day Encino endurance cyclist Jim Swarzman was laid to rest at Forrest Lawn, word came that the driver suspected of killing him was released from custody.

According to San Diego’s KGTV, Joseph Ricardo Fernandez was released at the last moment before being arraigned. Reportedly, the reason stemmed from the three day limit authorities have to file charges after taking the suspect into custody.

The station indicates that the delay is due to ongoing forensic work to ensure that Fernandez’ Dodge Ram 1500 pickup was in fact the vehicle that took Swarzman’s life; following that, the DA needs to be able to show that Fernandez was actually the one behind the wheel.

I would hope that they are also investigating his actions before the collision; I suspect they may find that he was drinking heavily.

The reports I’ve heard say the collision was extremely violent; I’ll spare you the details, but it would have been virtually impossible for the driver to have been unaware he hit something, putting to question Fernandez statement to the police that he thought he might have hit something.

Unless he was in a significantly altered state, the driver had to know damn well that he hit something, making his flight afterward a purely intentional — and illegal — act.

The investigation is ongoing, and I have no reason to believe the San Diego DA’s office isn’t taking this case very seriously. But we may want to keep on top of it, just in case.

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I’ve been on the run the last few weeks, and haven’t had a chance to update the ongoing legal cases (my apologies to cyclist/attorney Dj Wheels, who has done a great job of keeping me abreast of the ongoing cases).

Wheels reports that the trial has begun in the case of Marco Antonio Valencia, charged with killing Joseph Novotny and seriously injuring three other riders in an alcohol and drug-fueled hit-and-run.

The Signal reports on yesterday’s testimony from the surviving riders; it’s difficult to read, but offers the clearest picture yet what happened on that tragic day. Here’s one brief excerpt:

Chad Lewin, 25, was riding in front of Munana and Novotny during the ride.

As Lewin was riding around a right turn, he saw the bicyclist in front of him slam on his brakes abruptly.

To avoid crashing, Lewin testified that he swerved into the roadway to his left to avoid crashing.

In an instant, he was knocked to the ground by the truck. As he slid, Lewin said his skin was ripped off — in some instances to the muscle.

“As I was sliding backward, I saw Joe 20 feet in the air and hit the mountainside,” Lewin said.

Dj Wheels has been attending some of the court sessions, and offers these thoughts:

It appears that Valencia’s defense will mainly focus on avoiding the “Watson” 2nd degree murder charge by arguing that although he was awake and able to drive, he was not “conscious” of his actions and thus did not have the required specific intent for murder, which would be implied malice.

I don’t know all the case law on these types of DUI murder charges, but essentially Watson says when you have been previously convicted of DUI, you should know all ready that driving drunk can cause serious injury or death, which would establish the intent requirement of malice.  The CA legislature later enacted CVC 23103.5.  As a resulty, many county courts and district attorneys offices for several years now have required defendants to sign a declaration admitting that you acknowledge these risks and that you may be charged with murder if someone dies as a result of their drunk driving.  I believe this declaration can also be used as evidence.

However, under CA Jury Instructions 8.47 says “If you find that a defendant, while unconscious as a result of voluntary intoxication, killed another human being without intent to kill and without malice aforethought, the crime is involuntary manslaughter.”

So my guess is that the defense will try to establish that none of the witnesses actually saw the driver of the vehicle (specifically his face/body) in the seconds before the collision and during the collision in order to establish a reasonable doubt about whether he was indeed “conscious.” I think the only defense witness will be the expert who will testify that someone can be unconscious due to voluntary intoxication, but still be awake.
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As long as we’re on the subject of biking collisions and court cases, we might as well keep going.

Danae Marie Miller will be arraigned today on one count of felony vehicular manslaughter with gross negligence while intoxicated in the death of world-class trialthlete Amine Britel in Newport Beach last month. She’s currently out on $100,000 bail.

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John Stesney reports that a pretrial hearing is scheduled next week in the death of local scientist and cyclist Doug Caldwell. The hearing for accused driver Gordon Catlett Wray will take place at the San Fernando Courthouse, 900 Third Street in the city of San Fernando, on Wednesday, April 20th at 8:30 am, case #0SR05313.

My sources indicate that despite numerous questions that have been raised that the defendant was using a cell phone at the time of the collision, the prosecutor either can’t get the records, or won’t request them for some reason — even though they could offer proof of distracted driving in fatal collision.

Maybe a few cyclists in the courtroom could stiffen the DA’s resolve, and show how seriously we’re taking this case.

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Dj Wheels reports that Shawn Fields was arraigned on March 30th for the heartbreaking hit-and-run death of 17-year old Danny Marin in Pacoima last year; a description of the injuries suffered by Marin — again, I’ll spare you the details — suggests another extremely violent collision.

Wheels offers some revealing testimony from the case:

According to the arresting officer, Fields was asleep at home by the time they arrived at the location where the vehicle was registered. He wouldn’t wake up at first after knocking and banging on the windows from where they could see him sleeping.  Fields also volunteered a statement before being taken to the police station that he shouldn’t have driven home because he had too much to drink at a wrap up party at the Roosevelt in Hollywood. He also saw many bottles of various alcoholic beverages inside Field’s house.

Also, the officer that administered the breath test at the station noted that his BAC was .14/.15 at about 4:15 a.m. The collision occurred about three hours earlier.

The investigating officer who interviewed Fields at the station also testified. Fields told him he got to the party around 10pm and drank a long island ice tea, a red label whiskey, a gin and tonic, beer and some water before leaving. After walking out, he had a bacon wrapped hot dog on the street, threw up on himself, debated whether to drive home, waited in his car for a while then finally drove.  He did not have a recollection of actually driving home, but recalled he may have hit something because he remembered being at a stop light close to home and looking at sparkly dust on his arms from the shattered front windshield.

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A preliminary hearing is scheduled for April 28th at 8:30 am in the San Bernardino Superior Court in the case of Patrick Roraff and Brett Michael Morin for the street racing death of pro cyclist Jorge Alvarado last April.

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A preliminary hearing is also scheduled for May 11th in the case of Stephanie Segal, charged in the drunken hit-and-run death of cyclist James Laing in Agoura Hills last October.

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Jim Lyle forwards news that Richard Schlickman, the cyclist critically injured when he lost control of his bike due to newly installed speed bumps in Palas Verdes Estates, is showing amazing progress and determination, and may be transferred to a rehab facility by the end of the month.

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Meanwhile, reports are that your prayers continue to be needed for Adam Rybicki, critically injured by an alleged underage drunk driver in Torrance on April 3rd.

A raft of legal cases — 5 deaths, 4 hit-and-runs, 1 drunken pop star and a justly jailed physician

I haven’t had a lot of opportunity lately to keep up with recent bike-related court cases, or even to update the Legal Cases page on my blog — something I’ll try to get to over the weekend.

Fortunately, local cyclist and attorney Dj Wheels continues to do an incredible job of keeping on top of what’s happening in our local courts, as well as with key trials across the country. This past week, he sent his latest update on some of the cases currently making their way through the courts.

My heartfelt thanks to Wheels, who has done more to keep the local cycling community informed than we could ever thank him for.

Shawn Fields – PA068775 (San Fernando)

Charged in the drunken hit-and-run death of 17-year old Daniel (Danny) Marin on Laurel Canyon Blvd in Pacoima on October 2nd of last year. While any cycling death leave me shaken, this is one that has hit me the hardest. Maybe it was the needless waste of a bright, well-loved young man; maybe it was because he reminds me of myself at that age. Or maybe just because I think I would have liked him if I’d ever had the chance.

Last hearing was held on January 21 – proof of compliance with discovery requests.  Although the Preliminary Hearing had all ready been scheduled for February 2, that hearing was advanced and continued to February 16 in Dept. 502 – Judge Olmedo.  Fields remains out of custody on bail.

Marco Antonio Valencia – PA065011 (San Fernando)

Valencia is charged with killing cyclist Joseph Novotny and seriously injuring two other riders in Santa Clarita’s Bouquet Canyon. He is accused of exhibiting a “willful, wanton disregard for human life,” by driving with a blood alcohol level of .18, as well as methamphetamine, cocaine and marijuana in his system at the time of the morning collision. After the wreck, he reportedly told a deputy to shoot him because his life was over; unfortunately, it was Novotny whose life was ended.

After numerous continuances of the trial date, Valencia will probably be on trial by the end of February for DUI/murder charges.  The next hearing is scheduled for February 14 as a 0 of 20 for Trial.  Valencia is still in custody.

Yelena Krupen – 0BV00450 (Beverly Hills)

Beverly Hills model Yelena Krupen was charged with fleeing the scene after hitting cyclist Brandon Chau on Santa Monica Blvd in Beverly Hills, in a case that infuriated local cyclists by demonstrating just how hard it is to get justice if the rider isn’t critically injured.

She was sentenced on December 7 to 25 days county jail for misdemeanor hit and run property damage and driving on a suspended license charges, plus restitution to the victim.  She surrendered on December 27 to the women’s detention facility in Lynwood.  Her projected release date was January 6 according to the Sheriff’s inmate locator page, but it has not been updated with an actual release date.

Jose Luis Huerta Mundo – 10HM05193 (Newport Beach)

He’s charged in the death of popular OC cyclist Michael Nine, who was killed on a group ride when he collided with a truck driven by Mundo, who was in the country illegally after previously being deported. Mundo allegedly made an illegal turn on a blind corner; Nine was riding downhill at speed and was unable to avoid the truck.

Trial was held in mid November and the jury was hung.  Mundo is being re-tried.  Pre-trial conference is scheduled for February 7 and trial is tentatively scheduled for February 28.

Patrick Roraff – FSB1002475 (San Bernardino)

In another devastating case, rising pro racer Jorge Alvarado was killed shortly after moving from Mexico to the San Bernardino area to join the short-lived Bahati Foundation racing team. He was killed when Roraff was allegedly street racing another car driven by Brett Morin, who is also charged. Along with the fallout from fellow team member Floyd Landis’ doping accusations, Alvarado’s death helped destroy what had been a promising new pro team headed by a local riding hero who gives back to the community he grew up in. If you have the heart to handle it, read the heartbreaking Spanish language comments from those who knew and loved Alvarado.

Pre-Preliminary Hearing is scheduled for March 1 and Preliminary hearing for March 3.  Roraff remains out of custody on bail.

Carlos Bertonatti – F-10-001742  (Miami-Dade County, Florida)

Bertonatti is the Miami pop singer charged with killing cyclist Christophe Le Canne last year in yet another drunken hit-and-run, culminating in a police chase with Le Canne’s bike still lodged under his car. Bertonatti was still on the road despite racking up over 40 moving violations in the past 12 years.

Trial Hearing scheduled for February 22.  
http://blogs.miaminewtimes.com/riptide/2010/12/carlos_bertonatti_released_on.php

Dr. Christopher Thompson – B221794 (L.A. Downtown Appellate Court)

The Good Doctor was convicted in the vehicular assault of two cyclists in Mandeville Canyon on the 4th of July in 2009. Not surprisingly, he is appealing his conviction.

Attorney General’s responsive brief is due March 1, with no further continuances.  Thompson remains in custody at Wasco State Prison.

In addition to the cases Wheels mentioned here, charges were recently filed against Stephanie Segal in the drunken hit-and-run death of cyclist James Laing in Agoura Hills, and Patricia Ann Izquieta has pleaded guilty in the “drug addled” death of cyclist Donald Murphy in Newport Beach last year.

Local bike cases slowly wind their way through the courts

Cyclist, attorney and court case correspondent Dj Wheels emailed today to catch us up on the current status of the all-too-many mostly bike-related cases winding their way through the local court system.

First up is the case of Patricia Izquieta, charged with the hit-and-run death of Don Murphy in Newport Beach last December.

Patricia A. Izquieta (Case #09HF2198) – Victim – Don Murphy

The Pretrial conference for April 16 was heard, but apparently the Preliminary Hearing which was scheduled for April 26 was cancelled and rescheduled. There is now a Pretrial conference scheduled for May 14 and the Preliminary Hearing for June 17.

She is charged with:

1) one felony count of hit and run with permanent and serious injury – CVC 20001(a)(b)(2)

2) a special allegation of inflicting great bodily harm, which is attached to the hit and run - Penal Code 12022.7(a)

3) one misdemeanor count of vehicular manslaughter without gross negligence - Penal Code 192(c)(2)

4) one misdemeanor count of driving without a valid driver’s license - CVC 12500(a)

Next up is Marco Antonio Valencia, the hit-and-run driver who was reportedly high on alcohol, methamphetamine, cocaine and marijuana when he killed Joseph Novotny and injured three others.

Marco Antonio Valencia (Case # PA065011) – Victim – Joe Novotny & 3 other injured cyclists

There were pretrial conferences heard on March 23 and April 8 at the San Fernando Courthouse. Another pretrial conference was scheduled for May 18.

1) one felony count of murder with malice aforethought (2nd degree) – PC 187(a)

2) one felony count of vehicular manslaughter with gross negligence – PC 191.5(a)

3) one felony count of driving under the influence causing bodily injury - CVC 23153(a)

4) one felony count of driving with a BAC over .08 causing bodily injury – CVC 23153(b)

5) four felony counts of hit and run causing serious or permanent injury – CVC 20001(a)

6) one felony count of driving with a suspended or revoked license due to a prior DUI – 14601.2

Robert Sam Sanchez is charged with the hit-and-run death of Rod Armas and seriously injuring his son Chris in Malibu during the L.A. Wheelmen’s Grand Tour last year.

Robert Sam Sanchez (Case # SA071910) – Victim – Rod Armas & Chris Armas injured

The Preliminary Setting conferences scheduled for March 11 and April 19 were both heard at the Malibu Courthouse. Another Preliminary Setting conference was scheduled for Friday May 7 at 1:30pm. What’s interesting is that the docket says, “VICTIMS WILL BE PRESENT TO MAKE STATEMENTS.” I called the DA’s office in Malibu to find out what this meant. Deputy McIlvain explained to me that May 7 is a Preliminary Setting Conference, and a disposition (plea bargain and sentencing) may be possible on that day. However, she is not allowed to disclose the terms of the offer for the plea at this point. If it is accepted, the case may reach a resolution that day, otherwise they’ll move forward with the Preliminary Setting conference to schedule a date for a Preliminary Hearing. I’m going to make my best effort to be there next Friday.

Charges are still the same as previously reported:

1) one felony count of vehicular manslaughter with gross negligence – PC 191.5(a)

2) one felony count of driving under the influence causing bodily injury – CVC 23153(a)

3) one felony count of hit and run causing serious or permanent injury – CVC 20001(a)

Celine Mahdavi is charged with the West Hollywood hit-and-run (notice a common theme here?) that seriously injured professional cyclist Louis “Birdman” Deliz.

Celine Mahdavi (Case #SA073459) – Victim – Louis Deliz

Preliminary Setting conferences were heard on March 22 and April 23 at the Beverly Hills Courthouse. A date of June 11 was scheduled for the Preliminary Hearing.

Charges:

1) one felony count of hit and run causing serious or permanent injury – CVC 20001(a)

2) one infraction count of a minor driving with a BAC over .01 – CVC 23136(a)

William Keith Square was arrested in the hit-and-run death of a still-unnamed cyclist in Carson earlier this month; at last report, authorities had not been able to locate the victim’s last address or next of kin.

William Keith Square (Case #TA11183201) – Victim – not named

On April 17, Square killed a cyclist in Carson with his car and left the scene. Luckily a witness wrote down his license plate # and Sheriffs arrested him at his home in Long Beach. The Inmate locater page says the arraignment is scheduled for May 5 at Compton Municipal Court. It also says that Mr. Square was arrested on April 18, assigned to permanent housing on April 24 at 4am, and then released from custody at 7:47 am. This is strange because usually it will also state the bail amount, but it doesn’t in this case. Bail for something like this should be something like $100,000, of which a bail bonds company usually asks for 10% to post bond for you.

Charges: (I haven’t seen the docket yet, but I’m assuming the charges are going to be these.)

1)one felony count of vehicular manslaughter with gross negligence PC 191.5(a)

2) one felony count of driving under the influence causing bodily injury – CVC 23153(a)

3) one felony count of hit and run causing serious or permanent injury – CVC 20001(a)

Former state legislator Walter Karabian faces charges for assaulting an unnamed parking lot attendant with his car during a USC football game last fall.

Walter Karabian (Case #0EA00275) – unnamed parking lot attendant near USC campus

The Pretrial conferences for March 24 and April 23 were heard. At the last hearing, Karabian’s defense attorney, Joseph Gutierrez, was granted a motion for sanctions against Classic Parking for failure to provide subpoenaed documents. Classic Parking is to pay the defendant $500. Another Pretrial conference is scheduled for May 13 at the East L.A. courthouse.

Finally, no charges yet in the death of Bahati Foundation cyclist Jorge Alvarado, who came to this country to fulfill his lifelong dream of riding professionally, only to be killed when 18-year old Patrick Roraff allegedly lost control of his car while street racing.

Patrick Roraff (Case #?) – Victim – Jorge Alvarado

This 18 yr old man killed Jorge Alvarado of the Bahati pro cycling team on April 8 while street racing on Greenspot Road out in San Bernardino. According to the SB County Court online case info page, charges have still not been filed against Roraff.

Hopefully, the local authorities know that the cycling communities of two countries are watching this case closely; the comments in Spanish from the people who knew him are truly heartbreaking.

Special thanks to Dj Wheels for his amazing work in keeping us on top of these cases; if anyone needs a good young lawyer who knows bicycling, let me know.

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In better news, the jury in the case of the New York Critical Mass-bashing cop returned a verdict of guilty for filing a false criminal complaint, but acquitted him of misdemeanor assault.

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A former Republican candidate for Lt. Governor in Wisconsin offers a first-person account of an intentional attack by a truck driver; unclear is whether he was attacked for his politics or because he was on a bike.

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LACBC encourages you to say thanks to your yes-voting council member. USC’s Neon Tommy takes a look at Bikeside, which endorses Winograd for Congress. Stephen Box celebrates a successful campaign to get safe bike parking at the new police headquarters; on the other hand, UCLA’s bike lockers could use some work. Carless Valley Girl debates whether to ride bespectacled; always cover your eyes with something says the man who’s seen bees bounce off his lenses, among other things. You might want to stay off the road while the mayor’s girlfriend is on it.Cyclelicious talks to the producer of the upcoming Major Taylor biopic. A Long Beach intersection gets a road diet, creating more space for diners, walkers and bike racks. Ciclovia comes to San Diego starting tomorrow.

The mindset of the female bike commuter, who rides faster and looks better than the boys do. Biking in Chattanooga — no relation — directs your attention to an exceptional biking artist. The Maryland Senate passes five bike-friendly bills, including a three-foot passing law. The cross-country travelling, penta-biking Pedouins are approaching Portland. A Fort Myers FL ministry donates bikes to the homeless. A kosher Crown Heights bike loan shop turns to sales. NPR offers songs for the urban cyclist.

More doping rumors for pro cyclist Alejandro Valverde. After yet another London cyclist is killed, Mayor Boris calls for more stringent testing of drivers. What to do when you’re riding in Scotland and your wheel falls off. A new British motorists’ guide urges cyclists to claim the lane, while a leading bike group says cyclists could hold the key to the upcoming election. A bike racing Canadian novelist comes to the defense of Lycra with rants tips for cyclists. A day after Lexus announced their high-concept bike, Volkswagen unveils a folding electric prototype.

Finally, Bike Portland discovers, as many of us do sooner or later, that middle fingers do not lead to productive dialogue; I like the advice someone else gave him, “The peace sign only takes one more finger.”

I think I’ll have that tattooed on the back of my hand so I see it when I ride.