Murder Charge for Killing Cyclist

mmcgr said:

The guy that ran down and killed James Dein and injured Ted Aberg on
Highway 9 near Los Gatos on Feb 19 is being charged with second degree
murder. See http://www.mercurynews.com/mld/mercurynews/news/9748146.htm?1c

I wouldn't call it good news, but it is satisfactory in the
circumstances if the prosecuter doesn't wimp out and plea bargain it to
something less.

Mike

I have the full text if anyone wants it - that site is asking for a log in,
etc.

-B

On Fri, 24 Sep 2004 23:31:36 -0400, Badger_South <[email hidden]>

Quoted message said:

mmcgr said:

The guy that ran down and killed James Dein and injured Ted Aberg on
Highway 9 near Los Gatos on Feb 19 is being charged with second degree
murder. See http://www.mercurynews.com/mld/mercurynews/news/9748146.htm?1c

I wouldn't call it good news, but it is satisfactory in the
circumstances if the prosecuter doesn't wimp out and plea bargain it to
something less.

Mike

I have the full text if anyone wants it - that site is asking for a log in,
etc.

-B

Yes, or paraphrase it. Was it a hit and run? I forget the details of
the accident, it was quite a while back.

[email hidden] wrote in news:[email hidden]:

Quoted message said:

Yes, or paraphrase it. Was it a hit and run? I forget the details of
the accident, it was quite a while back.

Yes it was (multiple) hit and run. The accused murderer hit a car and was
fleeing that collision (erratically through heavy traffic) when he ran off the
main road and hit 2 bicyclists in the bike lane. One of the cyclists landed on
his windshield. Then he sped off again. Witnesses got his license plate
number. After extensive media coverage, he turned himself in a day or two
later.

Quoted message said:

Badger_South [email hidden]

Quoted message said:

I have the full text if anyone wants it - that site is asking for a log in,
etc.

Here are the most important parts:

Murder charge in death of cyclist

HIT-RUN COLLISION KILLED ONE MAN, HURT ANOTHER IN LOS GATOS

By Chuck Carroll and Crystal Carreon

Mercury News

A San Jose man was charged Thursday with second-degree murder for a February
hit-and-run collision that killed one cyclist and injured another along Highway
9 in Los Gatos.

David Anthony Espino, 38, allegedly drove off after fatally striking James
Dein, 56, of Mountain View and injuring Ted Aberg, 65, of Palo Alto, on Feb.
19.

Espino, who is already in custody at the Santa Clara County Main Jail on an
unrelated probation violation and other warrants, is to be arraigned on the new
charges Monday. If convicted, he could face 20 years to life in prison.
---snip---

Several witnesses told police they saw the van weaving across the lanes, and
Espino allegedly tried to escape a hit-and-run seconds before the fatal
collision. Driving on a flat tire, Espino, authorities say, rear-ended another
motorist and accelerated into the bike lane while trying to flee, striking the
two cyclists.

---snip---

Espino is also charged with hit-and-run, reckless driving causing bodily
injury, driving on a suspended driver's license and being under the influence
of phencyclidine (PCP) at the time of his arrest.

---end quote---

A sad case made sadder by the refusal of lawmakers and judges to admit that
just about all probation for adult offenders does is create jobs for probation
officers and keep prison populations lower. It seldom "rehabilitates" anyone
over the age of 25. Had Espino been incarcerated at the time he would not have
been able to get high and kill Dein that day.

Regards,
Bob Hunt

mmcgr said:

The guy that ran down and killed James Dein and injured Ted Aberg on
Highway 9 near Los Gatos on Feb 19 is being charged with second degree
murder. See
http://www.mercurynews.com/mld/mercurynews/news/9748146.htm?1c

I wouldn't call it good news, but it is satisfactory in the
circumstances if the prosecuter doesn't wimp out and plea bargain it to
something less.

Mike

After having read the article, and how many chemicals this guy had in his
system, plus the way he was driving, (apparently normal for him) makes me
wish they could give out a first degree murder charge for this. Anybody
who does PCP needs to be in jail to begin with, and anyone driving under
the influence should be given 5 years mandatory jail time. That stuff is
far worse than alcohol. Back in 1972 I knew a kid who thought he could
outsmoke anyone with the stuff and they found him sitting on his Harley
(that his parents bought him) in a puddle of [censored] and he could not even
remember his name. Other hot shot drug users I knew went from being A+
students to vegetables by smoking cheap pot laced with it. This is one
drug that should have extrememly strict sentencing, including life for
manufacturing or selling, not to mention being stupid enough to use it.
There's one driver I never want to see on the road again.
Bill Baka

--
Using M2, Opera's revolutionary e-mail client: http://www.opera.com/m2/

Bill Baka said:

After having read the article, and how many chemicals this guy had in his
system, plus the way he was driving, (apparently normal for him) makes me
wish they could give out a first degree murder charge for this.

I'm waiting to see this type of charge files for someone who wasn't
under the influence, didn't flee the scene, but was just driving in
a grossly negligent fashion. Cases like this one are so extreme,
they don't provide much reassurance that the rights of cyclists to the
roads are being respected.

"Dan Connelly" <djconnel@i_e_e_e._o_r_g> wrote in message
news:[email hidden]...

Quoted message said:

Bill Baka said:

After having read the article, and how many chemicals this guy had in his
system, plus the way he was driving, (apparently normal for him) makes me
wish they could give out a first degree murder charge for this.

I'm waiting to see this type of charge files for someone who wasn't
under the influence, didn't flee the scene, but was just driving in
a grossly negligent fashion. Cases like this one are so extreme,
they don't provide much reassurance that the rights of cyclists to the
roads are being respected.

Dan: But isn't it a positive thing that you don't hear of such things (your
example of someone who's "simply" grossly negligent, without being impaired
by drugs or whatever) very often? The only one that immediately comes to
mind was the young lady who mowed down a row of cyclists on the road to Mt.
Madonna a number of years ago... she was changing CDs or cassettes and took
here eyes off the road for way too long. Thankfully, that's something we
live in fear of, but it doesn't seem to happen as often.

--Mike-- Chain Reaction Bicycles
www.ChainReactionBicycles.com

Mike Jacoubowsky said:

"Dan Connelly" <djconnel@i_e_e_e._o_r_g> wrote in message
news:[email hidden]...

Quoted message said:

Bill Baka said:

After having read the article, and how many chemicals this guy had in his
system, plus the way he was driving, (apparently normal for him) makes me
wish they could give out a first degree murder charge for this.

I'm waiting to see this type of charge files for someone who wasn't
under the influence, didn't flee the scene, but was just driving in
a grossly negligent fashion. Cases like this one are so extreme,
they don't provide much reassurance that the rights of cyclists to the
roads are being respected.

Dan: But isn't it a positive thing that you don't hear of such things (your
example of someone who's "simply" grossly negligent, without being impaired
by drugs or whatever) very often? The only one that immediately comes to
mind was the young lady who mowed down a row of cyclists on the road to Mt.
Madonna a number of years ago... she was changing CDs or cassettes and took
here eyes off the road for way too long. Thankfully, that's something we
live in fear of, but it doesn't seem to happen as often.

Mike,

I think we can think of a few more. How about the girl who hit the
retired motorcycle cop from San Mateo on the north coast last year?
He was cycle touring down the coast, she was picking up a CD she
dropped on the floor of the truck. Lots more where that came from.

I think it is a positive, but I think Dan is expecting too much under
California law. The D.A. in Sonoma Co. considered murder charges
against the 69 year old lawyer who ran over two cyclists last Easter
with a blood alcohol content of 0.29% but says that even a case that
egregious does not meet the standards for such a charge in California.
If that is in fact true, then for Dan to be satisfied we need a change
to the law.

I think there is a hint that the prevailing wind has changed. The
D.A. in Sonoma got full pleas from the two drunk drivers that killed
cyclists up there this past spring, and the judge showed toughness in
the first sentence. Now the SCC D.A. has shown a get tough attitude
in making this charge. The momentum seems to be in the right
direction, IMO.

- rick

Rick Warner said:

I think there is a hint that the prevailing wind has changed. The
D.A. in Sonoma got full pleas from the two drunk drivers that killed
cyclists up there this past spring, and the judge showed toughness in
the first sentence. Now the SCC D.A. has shown a get tough attitude
in making this charge. The momentum seems to be in the right
direction, IMO.

Progress, even if slow, is progress....

I should clarify, however. I don't necessarily want to see more
murder charges. I have no problem at all with these cases falling under
the definition of negligent homicide, and being charged as such. The
problem is with the lack of homicide convictions, not too few murder
charges.

Even limiting it to the scope of vehicle code, I'd like to see a LOT MORE
license revocations, for at least a year. That's the key thing -- get the bozos off the
road. Then "driving without a license" and hitting someone could
result in book-throwing. It was discussed previously the law in the Netherlands
(I think) may be changed to allow those with stripped licenses to ride
40kph carts. This is a great idea, as it would make a license revocation
more palatable to Americans.

Dan

Quoted message said:

I should clarify, however. I don't necessarily want to see more
murder charges. I have no problem at all with these cases falling under
the definition of negligent homicide, and being charged as such. The
problem is with the lack of homicide convictions, not too few murder
charges.

Even limiting it to the scope of vehicle code, I'd like to see a LOT MORE
license revocations, for at least a year. That's the key thing -- get
the bozos off the
road. Then "driving without a license" and hitting someone could
result in book-throwing. It was discussed previously the law in the
Netherlands
(I think) may be changed to allow those with stripped licenses to ride
40kph carts. This is a great idea, as it would make a license revocation
more palatable to Americans.

The problem is that a large number of people with revoked licenses (most
often for DUIs) continue to drive, and the penalty for getting caught doing
so is apparently not enough to cause them to reconsider. And I seriously
doubt such people would feel that being restricted to a vehicle that says
"Hey, look at me, if I'm driving this I must be a drunkard" is going to
encourage them to leave their weapon of mass destruction in the garage.

We need to have an extraordinarily effective discouragement to being caught
driving with a suspended license. Better yet would be a way to physically
prevent such people from driving, but how that could be accomplished is
beyond me. But once it's clear there are really serious ramifications to
being caught, we might see some change in behaviour.

Perhaps public service spots on TV and in newspapers, featuring the latest
punishments given for DUI & related crimes? It wouldn't even have to list
names, just the community where they reside, what they did, and what the
sentence was. Obviously, the "easy" sentences wouldn't be included, just
the ones that look nasty (hopefully there would be some). It would also be
cool if you could list how much the lawyer was paid who didn't get the guy
(or woman) off.

Hey, we can always dream...

--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
IMBA, BikesBelong, NBDA member

"Dan Connelly" <djconnel@i_e_e_e._o_r_g> wrote in message
news:[email hidden]...

Quoted message said:

Rick Warner said:

I think there is a hint that the prevailing wind has changed. The
D.A. in Sonoma got full pleas from the two drunk drivers that killed
cyclists up there this past spring, and the judge showed toughness in
the first sentence. Now the SCC D.A. has shown a get tough attitude
in making this charge. The momentum seems to be in the right
direction, IMO.

Progress, even if slow, is progress....

I should clarify, however. I don't necessarily want to see more
murder charges. I have no problem at all with these cases falling under
the definition of negligent homicide, and being charged as such. The
problem is with the lack of homicide convictions, not too few murder
charges.

Even limiting it to the scope of vehicle code, I'd like to see a LOT MORE
license revocations, for at least a year. That's the key thing -- get
the bozos off the
road. Then "driving without a license" and hitting someone could
result in book-throwing. It was discussed previously the law in the
Netherlands
(I think) may be changed to allow those with stripped licenses to ride
40kph carts. This is a great idea, as it would make a license revocation
more palatable to Americans.

Dan

On Mon, 27 Sep 2004 04:22:46 GMT, Mike Jacoubowsky <[email hidden]>

Quoted message said:

"Dan Connelly" <djconnel@i_e_e_e._o_r_g> wrote in message
news:[email hidden]...

Quoted message said:

Bill Baka said:

After having read the article, and how many chemicals this guy had in
his
system, plus the way he was driving, (apparently normal for him) makes
me
wish they could give out a first degree murder charge for this.

I'm waiting to see this type of charge files for someone who wasn't
under the influence, didn't flee the scene, but was just driving in
a grossly negligent fashion. Cases like this one are so extreme,
they don't provide much reassurance that the rights of cyclists to the
roads are being respected.

Dan: But isn't it a positive thing that you don't hear of such things
(your
example of someone who's "simply" grossly negligent, without being
impaired
by drugs or whatever) very often? The only one that immediately comes to
mind was the young lady who mowed down a row of cyclists on the road to
Mt.
Madonna a number of years ago... she was changing CDs or cassettes and
took
here eyes off the road for way too long. Thankfully, that's something we
live in fear of, but it doesn't seem to happen as often.

--Mike-- Chain Reaction Bicycles
www.ChainReactionBicycles.com

Unfortunately I remember that incident. She was about 19 years old and
killed 4 cyclists while rummaging on the passenger side floor for a CD.
She managed to say "I'm sorry.".
She also got the token slap on the wrist if I remember correctly.
Check the archives at the San Jose Mercury news.
Bill Baka

--
Using M2, Opera's revolutionary e-mail client: http://www.opera.com/m2/

mmcgr said:

The guy that ran down and killed James Dein and injured Ted Aberg on
Highway 9 near Los Gatos on Feb 19 is being charged with second degree
murder. See http://www.mercurynews.com/mld/mercurynews/news/9748146.htm?1c

Requires login.

Try email [email hidden]
password mnews123

Quoted message said:

"Mike Jacoubowsky/Chain Reaction Bicycles" [email hidden]

wrote in part:

Quoted message said:

The problem is that a large number of people with revoked licenses (most
often for DUIs) continue to drive, and the penalty for getting caught doing
so is apparently not enough to cause them to reconsider.

---snip---

Quoted message said:

We need to have an extraordinarily effective discouragement to being caught
driving with a suspended license. Better yet would be a way to physically
prevent such people from driving, but how that could be accomplished is
beyond me. But once it's clear there are really serious ramifications to
being caught, we might see some change in behaviour.

You've hit the nail on the head, Mike. Unfortunately, at least in the area I am
most familiar with in this regard, even remotely meaningful sentences for
driving while suspended/revoked are virtually unheard of even though it is an
offense punishable by up to one year in the county jail.
Making maximum penalties stiffer may be good PR but if the standard punishment
is always the minimum PR is all it is. Some say that could be remedied by
legislating mandatory sentences. IME, that by itself won't work either because
when push comes to shove the judges that were imposing the slap on the wrist
sentences- no jail time and a $100 fine- will simply refuse to convict in a
bench trial. Some will say that is impossible but it's not. Ask any trial
lawyer what the most dangerous phrase in a courtroom is and he/she will tell
you, "Judge, you can't do that!"
I can only imagine two things having a real impact. People smarter than me may
have more or better ideas but mine are:
1- Immediately confiscate any vehicle that a suspended/revoked driver is
driving when arrested. I don't mean just tow it, I mean confiscate it under an
asset forfeiture law written just like the asset forfeiture laws applied to
narcotics violators in most States that basically boil down to, "We take it.
You want it back. You hire an attorney to try to get your car back 6 months to
a year later when the civil case finally comes up on the court calendar."
2- Organize court watchers similiar to those MADD and others used to get DUI to
be taken seriously by the courts and publish their observations. Judges in the
US are either elected politicians or they are appointed by elected politicians.
Nothing gets a politician's attention faster than unfavorable publicity.

Regards,
Bob Hunt

Bill Baka said:

On Mon, 27 Sep 2004 04:22:46 GMT, Mike Jacoubowsky

Quoted message said:

www.ChainReactionBicycles.com

Unfortunately I remember that incident. She was about 19 years old and
killed 4 cyclists while rummaging on the passenger side floor for a CD.
She managed to say "I'm sorry.".
She also got the token slap on the wrist if I remember correctly.
Check the archives at the San Jose Mercury news.
Bill Baka

IIRC she did time in jail, and can't ever have a drivers license again.

Mike

28 Sep 2004 03:16:33 GMT,
<[email hidden]>, [email hidden]
(Hunrobe) wrote, in part:

Quoted message said:

I can only imagine two things having a real impact. People smarter than me may
have more or better ideas but mine are:
1- Immediately confiscate any vehicle that a suspended/revoked driver is
driving when arrested. I don't mean just tow it, I mean confiscate it under an
asset forfeiture law written just like the asset forfeiture laws applied to
narcotics violators in most States that basically boil down to, "We take it.
You want it back. You hire an attorney to try to get your car back 6 months to
a year later when the civil case finally comes up on the court calendar."
2- Organize court watchers similiar to those MADD and others used to get DUI to
be taken seriously by the courts and publish their observations. Judges in the
US are either elected politicians or they are appointed by elected politicians.
Nothing gets a politician's attention faster than unfavorable publicity.

I'll suggest a bracelet like sex offenders on parole are made to wear.
The most effective way would be for society to develop its conscience
so these recidivists are shunned, scorned and monitored like we do
with a pedophile. Instead the drivers are seen as victims when their
license is suspended. The courts treat them too gently by giving them
partial driving privileges. These meaningless sentences elevate the
status of those criminal killers at the expense of their dead victims.
--
zk

(Hunrobe) said:

I can only imagine two things having a real impact. People smarter than me may
have more or better ideas but mine are:
1- Immediately confiscate any vehicle that a suspended/revoked driver is
driving when arrested. I don't mean just tow it, I mean confiscate it under an
asset forfeiture law written just like the asset forfeiture laws applied to
narcotics violators in most States that basically boil down to, "We take it.
You want it back. You hire an attorney to try to get your car back 6 months to
a year later when the civil case finally comes up on the court calendar."
2- Organize court watchers similiar to those MADD and others used to get DUI to
be taken seriously by the courts and publish their observations. Judges in the
US are either elected politicians or they are appointed by elected politicians.
Nothing gets a politician's attention faster than unfavorable publicity.

Regards,
Bob Hunt

I like those ideas. Maybe add that the money from eventual sale of
those confiscated vehicles go to the victim(s) if any of anyone hit,
blah, blah.

Might offer some small leeway for a driver on suspended license in a
dire emergency sitch (driving pregnant wife to hospital?) gets some
slack. Dunno.

Good post. Here's hoping. Maybe when/if/as the bicycling culture gains
more foothold?

-B

(Hunrobe) said:

1- Immediately confiscate any vehicle that a suspended/revoked driver is
driving when arrested.

Quoted message said:

2- Organize court watchers similiar to those MADD and others used to get DUI to
be taken seriously by the courts and publish their observations.

<aol> Good thoughts, Bob </aol>

On Mon, 27 Sep 2004 23:05:59 GMT, "Mike Jacoubowsky/Chain Reaction

Bicycles said:

Perhaps public service spots on TV and in newspapers, featuring the latest
punishments given for DUI & related crimes? It wouldn't even have to list
names, just the community where they reside, what they did, and what the
sentence was.

A lot of places (like Annapolis, MD) post the judgements in the paper.
What you find is that the judges have their own opinion about how
serious DUI and DWI happen to be. Some enforce the law, others will
not find for the more serious crime when the person is facing real
penalties. And around here we have PBJ - probation before judgement,
which means that most first time offenders have no record if they
don't get caught during the PBJ time.

Until people 1) decide drunk driving is as serious as it is and 2)
follow what really happens in the court system and 3) kick out judges
and prosecuting attorneys that seem to fear that they will be next to
be caught drinking and driving (a reality in Annapolis), then you can
pass all the laws and do what else you will, and it will have no final
impact.

Curtis L. Russell
Odenton, MD (USA)
Just someone on two wheels...

Curtis L. Russell said:

Until people 1) decide drunk driving is as serious as it is and 2)
follow what really happens in the court system and 3) kick out judges
and prosecuting attorneys that seem to fear that they will be next to
be caught drinking and driving (a reality in Annapolis), then you can
pass all the laws and do what else you will, and it will have no final
impact.

In the UK there is a default 12 month ban for drink-driving, and you
have to have some pretty extraordinary reason not to get banned.
Losing your job if you lose your license does not count (although it
does if you kill someone while sober).

You also get banned if you refuse to provide a specimen.

The result is that most people have stopped doing it, but the few who
haven't are more likely to fail to stop after a crash (which of course
can result in the victim dying, if nobody calls for help).

Overall the result has been positive, but as ever there are a few who
are selfish and arrogant and apparently think they are above the law.

One problem we share is that although the penalty for drink driving is
meaningful because it risks death, the penalty for actually causing
death is very often trivial. The average penalty for killing a
cyclist through negligence currently runs at a fine of £120-£200
(around $200-$350) and six points on your license; 12 is a ban under
"totting up", but if you hit the 12-point limit you will probably be
allowed to keep your license if losing it would cause exceptional
hardship. Such as having to walk two miles to school with your kids
(yes that's a real case).

As ever the problem is persuading a court made up of motorists to
convict and punish other motorists for things they have probably done
themselves.

Guy
--
May contain traces of irony. Contents liable to settle after posting.
http://www.chapmancentral.co.uk

88% of helmet statistics are made up, 65% of them at Washington University