Zoot Katz wrote:
> On Fri, 01 Dec 2006 23:05:26 GMT, me <[email protected]> wrote:
>
> >She was so far off the road she hit the cyclist with the *drivers* side!
> >She wasn't just using the phone, she was *downloading* ringtones!
> >I find it pathetic that the DA didn't recommend a vehicular homicide
> >charge. I agree that the bias towards driving / against cycling is
> >systemic, but in this case I would have expected a more serious charge
> >and would expect a conviction.
>
> This tragedy happened in Illinois where until recently, or perhaps
> still, bicyclist aren't even considered the intended users of the
> road. I'm sure Bob can clarify this. Perhaps it was only one judge's
> ruling after a cyclist disappeared into a pot-hole and tried to sue
> the state.
>
> Yeah it's a systemic bias and one not confined to Illinois or the US
> of A. It happens everywhere the economy feeds on blood and oil. It
> happens everywhere fat-cat legislators are influenced by the
> automotive cartel's fat-cat lobbyists
>
> I sincerely doubt a BC cyclist would get any more justice
> post-humously.
> --
> zk
Wayne vs Boub, the Illinois Supreme Court case that held that
bicyclists are not "intended users of the roadway", is still the law of
the land here but really has nothing to do with this case. It (the
ruling) was basically a way to shield townships/road commissions from
civil damages when a roadway's character is unsuitable for bikes.
I'd guess that Ms Reitz' decision not to charge reckless driving:
(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
Sec. 11-503. Reckless driving; aggravated reckless driving.
(a) A person commits reckless driving if he or she:
(1) drives any vehicle with a willful or wanton
disregard for the safety of persons or property; or
(2) knowingly drives a vehicle and uses an incline in
a roadway, such as a railroad crossing, bridge approach, or hill,
to cause the vehicle to become airborne.
(b) Every person convicted of reckless driving shall be guilty of a
Class A misdemeanor, except as provided under subsection (c) of this
Section.
(c) Every person convicted of committing a violation of subsection
(a) shall be guilty of aggravated reckless driving if the violation
results in great bodily harm or permanent disability or disfigurement
to another. Aggravated reckless driving is a Class 4 felony.
or reckless homicide:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether
lawful or unlawful which cause the death are such as are likely to
cause death or great bodily harm to some individual, and he performs
them recklessly, except in cases in which the cause of the death
consists of the driving of a motor vehicle or operating a snowmobile,
all-terrain vehicle, or watercraft, in which case the person commits
reckless homicide. (Note- reckless homicide is a Class 3 felony)
was motivated more by the difficulty of convincing 12 jurors that
likely own cell phones that using a cell phone while driving, even if
that use is downloading ringtones or sending text messages, constitutes
a willful or wanton disregard for the safety of persons or property.
Making that argument would be especially problematic since the accused
was
A- a 25 yr old U of I graduate in a county culturally and economically
dominated by the University of Illinois,
B- female (call it sexist if you wish but it *is* a fact that most
juries find it more difficult to convict women than men regardless of
the offense),
C- remorseful and,
D- employed.
Personally, if I were that State's Attorney I would have been inclined
to charge Ms Stark with:
1-reckless driving,
2- aggravated reckless driving, and
3- reckless homicide.
I'd offer to drop counts 1 and 3 later in exchange for a guilty plea on
count 2 but then, I'm not a State's Attorney or even a lawyer.
On the positive side- if it can be called "positive"- Ms Stark's age
and education mean that presumably she has quite a few years left in
the workforce to pay the real and punitive damages a civil jury will
most likely grant the decedent's survivors.
Regards,
Bob Hunt