Hit and run in Marin

[gasman]

Okay everyone, let's let the police and justice system do their job and not get into continuing arguments. 4 people almost died but the perpetrator was caught. So that's a positive for once.

[weisan]

Originally Posted by weisan

Here in Austin

follow up

[hobbanero]

Hitting cyclists is not a crime that gets punished except with a ticket. In this case, the driver left the scene. That, at least, is a felony because now it is hit and run. Since he wasn't taken into custody until many hours after the crash, no way to ascertain if he was DUI.

[John H.]

Word on the street is that he split from the scene to avoid a DUI.
Also, he has a prior hit and run.

[joosttx]

Originally Posted by John H.

Word on the street is that he split from the scene to avoid a DUI.
Also, he has a prior hit and run.

wow, that is a lot of problems for a 21-year-old kid.

[John H.]

Yeah- I guess he had a decent city/county type job (and was still a probationary employee).

Originally Posted by joosttx

wow, that is a lot of problems for a 21-year-old kid.

[BobO]

Originally Posted by hobbanero

Hitting cyclists is not a crime that gets punished except with a ticket.

This is not a valid statement in this case.

He has been charged with several very serious crimes times four, specifically because he deliberately hit the cyclists. I think this is what we're looking for and he is going to prison for a long time, hopefully.

[donevwil]

Originally Posted by John H.

Word on the street is that he split from the scene to avoid a DUI.
Also, he has a prior hit and run.

I heard about a prior DUI in April this year, didn't know about a previous hit and run. Frightening.

I vote oak tree justice.

[Gothard]

Originally Posted by gasman

Okay everyone, let's let the police and justice system do their job and not get into continuing arguments. 4 people almost died but the perpetrator was caught. So that's a positive for once.

Disclaimer: I am not living in the US, and don't know the legal system there(at all).
That's the point: we (you) can NOT leave it to the police and justice system, because time and again, the system has shown that cyclists lives have little value.
What is the difference between mowing down a peloton, arguably intentionally, and going on a murder spree with a gun? results are remarkably similar, yet one gets a slap on the wrist, and the other becomes Vlad the Impaler's offspring, and gets treated as such...

Maybe if the sidelines (us) become vocal enough, the system will open their eyes.

[joosttx]

Originally Posted by Gothard

Disclaimer: I am not living in the US, and don't know the legal system there(at all).
That's the point: we (you) can NOT leave it to the police and justice system, because time and again, the system has shown that cyclists lives have little value.
What is the difference between mowing down a peloton, arguably intentionally, and going on a murder spree with a gun? results are remarkably similar, yet one gets a slap on the wrist, and the other becomes Vlad the Impaler's offspring, and gets treated as such...

Maybe if the sidelines (us) become vocal enough, the system will open their eyes.

You take a very simplistic view of justice to the point it becomes unjust. Premediated murder, to crimes of passion, to manslaughter all result in the same outcome. However, intent differs. Intent is important. The las vegas shooter intended to kill many people, planned it, and executed. Driver in a fit of rage may hit a cyclist not intending to kill him but does. Someone makes a turn and hits and kills a cyclist who ran a red light. All are examples of different intent. A lawyer probably could explain it better than I.

Does each one who killed in the examples deserve to go to jail? If so, do they all deserve the same sentence? You seem to suggest this. I disagree.

I think the issue here with cyclists and vehicles is its hard to prove that the driver was trying to intentionally kill the cyclist in most cases. I cannot recall a premediated killing spree on cyclist by a driver. Also, there is a dislike towards cyclist by the general population which doesnt help a cyclist favor when the facts a gray.

[Gothard]

Joost, you are right, my view is simplistic, and the intent is most times difficult to prove when a driver flattens a few cyclists. There are however enough cases of people publicly posting their hate for cyclist, and then, simply by... accident, hitting one.

Still, it is mind boggling to seee how every cog in the justice system dismisses cyclists as a nuisance, and is reluctant to even give them their most basic rights.

For every much publicised case where a drunk priest or a bad tempered physician gets (half) the book thrown at them, how many are back on the streets the next day?

[Heisenberg]

I went to his arraignment today, along with a number of others from the local cycling community.

His bail was increased to $200k and he was sent back to jail. No plea yet.

Couldn’t help but feel sorry for the dumb kid. Wish there we more creative consequences to be meted out vs. sending people to prison.

In any case, he’ll be made an example of.

[joosttx]

http://www.marinij.com/general-news/...nd-run-suspect


Here are some details from the local newspaper about the arraignment with a video.

[BobO]

Originally Posted by Heisenberg

Couldn’t help but feel sorry for the dumb kid.

I'll bite,... why?

[54ny77]

1) Already had another hit & run charge, likely while under influence (since open bottle found).
2) Since when is driving a fundamental right? That public defender needs to go back to online correspondence law school.


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"Prosecutor Karen Lamb argued for the bail increase, noting that Paff already has another hit-and-run charge pending from May. No one was injured in that incident, but Paff allegedly struck a support post at a Novato shopping center and was driving with an open container of alcohol.

“I do believe he is a danger,” Lamb said.

Paff’s public defender, Michael Schroettner, said the bail increase was inappropriate because of Paff’s age and lack of prior criminal convictions. Schroettner also said that prohibiting Paff from driving was an “infringement on a fundamental right.”