Austin Cyclist dies after being hit by car--Police say alcohol was contributing factor

[Bob]

catzz66 wrote:
> Bob wrote:

> > Others here have already concluded that the driver was certainly at
> > fault and likely drunk to boot. Be that as it may, I have a few
> > questions. The answers would not exonerate the driver ("I *think* I hit
> > something"? Yeah, right.) but when someone on a bike is hit by a car at
> > 3:00 AM, I have to wonder:
> >
> > What was the *deceased's* blood alcohol?
> > What's the nature of the roadway
> > What kind of roadway lighting was present?
> > Was the bike equipped with lights?
> >
> > Regards,
> > Bob Hunt
> >
>
>
> Sixth Street is a famous night spot area of downtown Austin with many
> drinking, music and dancing venues, for what it's worth. It would be
> wrong to conclude anything about the decedent without knowing any facts,
> though these are appropriate questions.

I agree. It would be wrong to condemn the decedent without any facts.
That's why I didn't draw any conclusions but asked the questions
instead. Your description of the area answered two of the four
questions I posed. Thanks.

Regards,
Bob Hunt

 

[ie]

Man killed by car had complained that city's drivers disregard riders.
John Smythe: New Austinite, new cyclist loved feeling wind in his face.

By Joshunda Sanders

AMERICAN-STATESMAN STAFF

Saturday, August 13, 2005

On Sunday, John Smythe wrote in a blog that he managed to ride his bicycle
home "without some drunk person trying to run me over."

Four days later, he was struck and killed by a driver who police say was
intoxicated.

Smythe, 35, was riding in the 1400 block of West Sixth Street near Lamar
Boulevard when Omer Berat Sen, 26, made an erratic lane change and struck
Smythe, according to a police affidavit. It says Sen was driving about 50
mph in a 35 mph zone.

Sen left the scene but later called 911 and said he thought he'd hit
someone.

When police located Sen, his speech was slurred, and his breath smelled of
alcohol, according to the affidavit. Blood-alcohol tests are pending, but
Sen has been charged with intoxication manslaughter, a second-degree felony
punishable by two to 20 years in prison and a $10,000 fine.

Smythe died from head trauma at Brackenridge Hospital not long after the
accident.

The manner of Smythe's death was something that his sister, Vicky Smythe,
47, struggled with as she mourned her youngest brother. What's worse, she
said, he had just started to ride more regularly in what she called a
"bike-happy" town.

Vicky Smythe, a biology teacher at Akins High School in South Austin, said
her brother, who lived near Sixth Street, often complained about drivers who
had little regard for bicyclists.

He had moved to Austin last year from New Zealand. The graphic designer had
just started riding, she said, and he liked the feeling of the wind in his
face. Smythe had learned how to navigate the streets of Austin as a cyclist
on his sister's mountain bike last year, and he had just started to love it.

"It gave him a newfound sense of freedom," Vicky Smythe said, adding that
her brother also liked the idea that he was getting more fit.

She described her brother as a man who did not drink and who had worked as a
technical designer on Wall Street before the breakup of his marriage in New
Zealand. He had a Volkswagen camper that he was working on and had taken up
the wooden flute after he heard some musicians play at Barton Springs.

"He really wanted to have been born in the '60s," Vicky Smythe said with a
laugh.

He was the youngest sibling of four Massachusetts natives, all of whom plan
to come to Austin to mourn with her, Vicky Smythe said.

"Your baby brother's not supposed to die before you do," she said.

She said she planned to ride her bike around Austin in memory of her
brother, with the wind he enjoyed so much rushing against her face.

Sad foot note, what a waste....
University of Texas at Austin
May, 2005 Master's Degree Recipients
RED MCCOMBS SCHOOL OF BUSINESS
Business Administration - Master of Business Administration
Omer Berat Sen

 

[Bob]

catzz66 wrote:
> Bob wrote:

> > Others here have already concluded that the driver was certainly at
> > fault and likely drunk to boot. Be that as it may, I have a few
> > questions. The answers would not exonerate the driver ("I *think* I hit
> > something"? Yeah, right.) but when someone on a bike is hit by a car at
> > 3:00 AM, I have to wonder:
> >
> > What was the *deceased's* blood alcohol?
> > What's the nature of the roadway
> > What kind of roadway lighting was present?
> > Was the bike equipped with lights?
> >
> > Regards,
> > Bob Hunt
> >
>
>
> Sixth Street is a famous night spot area of downtown Austin with many
> drinking, music and dancing venues, for what it's worth. It would be
> wrong to conclude anything about the decedent without knowing any facts,
> though these are appropriate questions.

I agree. It would be wrong to condemn the decedent without any facts.
That's why I didn't draw any conclusions but asked the questions
instead. Your description of the area answered two of the four
questions I posed. Thanks.

Regards,
Bob Hunt

 

[jj]

On 12 Aug 2005 20:52:25 -0700, "Bob" <[email protected]> wrote:

>> What if the bikerider was sober as a judge and lit up like a christmas tree
>> going to deliver life saving medicine to hospitalized Nuns? Will that
>> strengthen his case against the guy driving drunk? Nope - he'll still get
>> off when his lawyer says 'My client said he didn't see the guy'.
>>
>> jj
>
>First, it's not "his" case. It's the State's case. He's just the
>unfortunate dead victim. Second, there's no reason to assume that the
>driver is likely to "get off". That you assert the outcome of a trial
>so confidently tells me that you lack much experience with criminal
>prosecutions.
>
>Regards,
>Bob Hunt

True. Sorry for getting a bit upset over this (and most other cases of
"driver runs over cyclist", Bob. Actually it's good you're here to insert
some rationality and real knowledge of the system. Apologies.

jj

 

[jj]

On Sat, 13 Aug 2005 04:02:48 GMT, "ie" <[email protected]> wrote:

>Man killed by car had complained that city's drivers disregard riders.
>John Smythe: New Austinite, new cyclist loved feeling wind in his face.
>
>By Joshunda Sanders
>
>AMERICAN-STATESMAN STAFF
>
>Saturday, August 13, 2005
>
>On Sunday, John Smythe wrote in a blog that he managed to ride his bicycle
>home "without some drunk person trying to run me over."
>
>Four days later, he was struck and killed by a driver who police say was
>intoxicated.
>
>Smythe, 35, was riding in the 1400 block of West Sixth Street near Lamar
>Boulevard when Omer Berat Sen, 26, made an erratic lane change and struck
>Smythe, according to a police affidavit. It says Sen was driving about 50
>mph in a 35 mph zone.
>
>Sen left the scene but later called 911 and said he thought he'd hit
>someone.
>
>When police located Sen, his speech was slurred, and his breath smelled of
>alcohol, according to the affidavit. Blood-alcohol tests are pending, but
>Sen has been charged with intoxication manslaughter, a second-degree felony
>punishable by two to 20 years in prison and a $10,000 fine.

Who's hoping he gets the max? <shaking head> Won't happen, however,
especially if it's his first offense. He'll get probation and court costs.

jj

 

[John Red-Horse]

In article <[email protected]>,
[email protected] wrote:
>
>Sixth Street is a famous night spot area of downtown Austin with many
>drinking, music and dancing venues, for what it's worth. It would be
>wrong to conclude anything about the decedent without knowing any facts,
>though these are appropriate questions. Other than that, it is a fairly
>well lighted, busy downtown area with what I'd consider heavier than
>normal nighttime traffic because of the clubs. It is situated between
>the University of Texas, the State Capital area on the north and the
>beautiful riverfront on the south. During the day, it would be an
>attractive area to ride through, but I'd personally avoid it after dark
>because of the clubs.

Actually, the 1400 West block, at least if we are to believe Google Maps,
is between Lamar and Mo-Pac. I haven't been in Austin in some time, but
this area is pretty far removed from the well-lit, downtown club scene;
the area used to be pretty darn residential, although the last time I was
there, the neighborhood looked to be transitioning more towards
commerical.

john

 

[catzz66]

John Red-Horse wrote:
> In article <[email protected]>,
> [email protected] wrote:
>
>>Sixth Street is a famous night spot area of downtown Austin with many
>>drinking, music and dancing venues, for what it's worth. It would be
>>wrong to conclude anything about the decedent without knowing any facts,
>>though these are appropriate questions. Other than that, it is a fairly
>>well lighted, busy downtown area with what I'd consider heavier than
>>normal nighttime traffic because of the clubs. It is situated between
>>the University of Texas, the State Capital area on the north and the
>>beautiful riverfront on the south. During the day, it would be an
>>attractive area to ride through, but I'd personally avoid it after dark
>>because of the clubs.
>
>
> Actually, the 1400 West block, at least if we are to believe Google Maps,
> is between Lamar and Mo-Pac. I haven't been in Austin in some time, but
> this area is pretty far removed from the well-lit, downtown club scene;
> the area used to be pretty darn residential, although the last time I was
> there, the neighborhood looked to be transitioning more towards
> commerical.
>
> john

Thanks, John. My GPS software showed West 6th to start at Congress. It
looks like the 1400 block is not quite a mile west of Congress, but it
is not right in front of the major clubs, as you point out.

 

[vince]

In article <[email protected]>,
jj <[email protected]> wrote:
>On Sat, 13 Aug 2005 04:02:48 GMT, "ie" <[email protected]> wrote:
>
>>Man killed by car had complained that city's drivers disregard riders.
>>John Smythe: New Austinite, new cyclist loved feeling wind in his face.
>
>Who's hoping he gets the max? <shaking head> Won't happen, however,
>especially if it's his first offense. He'll get probation and court costs.

He'll serve time in prison based on other cases like this(drunk driver
kills someone).
--
vince
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