Horrific Cycling Death in WNY

[GregL]

http://www.democratandchronicle.com/article/20120730/NEWS01/307300052/fairport-teacher-heather-boynum-death-charges-motorcycle-bicycle-accident?odyssey=tab%7Ctopnews%7Ctext%7CHome&nclick_check=1

I have never been so disgusted by a tragic road death. Hit and killed by two unlicensed drivers, at least one of which was drunk. I've already written my state senator and assemblyman demanding tougher punishments for these types of crimes. If you have the time to post here, you have the time to write your elected representatives. Please do it so that the death of a mother, wife, and educator won't be in vain.

Thanks,
Greg

[fiamme red]

Scerbo had been in prison since November 2011. He was serving a maximum sentence of three years after being convicted of driving while intoxicated for a third time.

Normally, Scerbo would not have been eligible for parole until September, but he completed a shock incarceration program at Moriah Shock Correction Facility in Essex County, Cutler said. Completing the program made Scerbo eligible for release in six months.Why is a man convicted three times for drunk driving allowed to keep his driver's license? Something is really wrong with our society.

[AngryScientist]

what a bonehead.

if driving a car while drunk is incredibly stupid, operating a motorcycle drunk is beyond comprehension stupid. throw the book at them.

[Monthly Payment]

Oh man. If it weren't so sad, this would just be regular flat crazy.

The driver responds on Facebook:
http://blogs.villagevoice.com/runninscared/2012/07/megan_merkel_up.php

The driver responds on radio:
http://media.rochesterbuzz.com/a/60039409/fairport-teacher-death-megan-merkel-who-hit-teacher-allegedly-part-1.htm

The radio interview is really hard to listen to.

[Aaron O]

The thing that just tears me up about this is that two dead beats who will likely never amount to anything, never accomplish anything and never contribute to anything but breathalyzer tests took the life of someone who mattered. It wasn't enough that they go through life as self centered negligent maggots, they had to destroy the life of a mother and teacher, a woman who committed no sin that day. And it scares the hell out of me that I'm vulnerable to them and if one of these morons hits me, I'm going to pay and they'll get to comment on Facebook.

[tuxbailey]

The thing that just tears me up about this is that two dead beats who will likely never amount to anything, never accomplish anything and never contribute to anything but breathalyzer tests took the life of someone who mattered. It wasn't enough that they go through life as self centered negligent maggots, they had to destroy the life of a mother and teacher, a woman who committed no sin that day. And it scares the hell out of me that I'm vulnerable to them and if one of these morons hits me, I'm going to pay and they'll get to comment on Facebook.

+1.

If there was ever a live definition of "trash."

[Monthly Payment]

Rationally, legally I know they should get prison time and hopefully come out of prison reformed.

Emotionally, I wish they made them play on highways at night wearing black jumpsuits.

This absolutely just makes me sick:
http://www.13wham.com/news/local/story/Crash-That-Killed-Teacher-Those-Involved-Have/hazE_oRwokSOx8ZODz37cQ.cspx?autoplay=1

"A spokesman for the New York State Department of Motor Vehicles tells 13WHAM News that Megan Merkel and Mark Scerbo II never had a valid driver licenses in this state. Scerbo surrendered a learner’s permit he had in 2007."

[Steve in SLO]

Just * Bloody * Awful

[djg21]

Rationally, legally I know they should get prison time and hopefully come out of prison reformed.

Emotionally, I wish they made them play on highways at night wearing black jumpsuits.

This absolutely just makes me sick:
http://www.13wham.com/news/local/story/Crash-That-Killed-Teacher-Those-Involved-Have/hazE_oRwokSOx8ZODz37cQ.cspx?autoplay=1

"A spokesman for the New York State Department of Motor Vehicles tells 13WHAM News that Megan Merkel and Mark Scerbo II never had a valid driver licenses in this state. Scerbo surrendered a learner’s permit he had in 2007."

There is no reforming these people. I trust the judge will take the Facebook posting and radio interview into consideration when deciding upon sentences.

[doode]

dude, this is so so so sad.
i had a close friend who got rear ended by an uninsured driver while riding home from school. a month in the hospital, facial surgery, speech therapy and a $300,000 bill(covered by insurance, yay!). fortunately he is still alive and doing well.
after the dust settled he took the driver to small claims court, won and is unable to collect due to their unwillingness to pay. the driver feels they did nothing wrong and shouldnt have to pay a nickel. so so shameful and enraging, and not much better than the story where a different friend got in a hit and run. another car got the license and cops showed up. dude said an unknown person "borrowed" his car and he doesnt know who. case ends there. seriously, ***.
my prediction is these two will get a slap on the wrist for the crime they are responsible for.

[ultraman6970]

some people just dont get it.

:(

[vqdriver]

OMG. That is horrible.

These theeads serve a public good for sure. But it's getting harder and harder for me to digest. The posts on those comment boards and the callous disregard in general have really eroded my faith in people. Just sad.

[Honey]

I'm so sorry. this fills me with so much rage and disgust it turns my stomach to knots but a beyond wonderful person taught me to let that part of it go. so i must and instead do what I can to make the world a better place. But for now I think of how ripped apart her world is without her. the nauseating pain that courses through the veins of people whom she only wished happiness and joy.

it's so antithetical to what we (or at least I) was led to believe growing up: It all works out in the end and if it hasn't worked out, it's not the end. But nothing works here. It's not even like the evil in a disney movie it's just pure unadulterated selfishness. It's horrifying and rampantly taking over like a virus. It's what makes riding a bike terrifying, and will ultimately destroy much of the life on this earth and likely our whole race within far fewer generations than anyone expects.

More importantly

<<<<<<<<<<<<<<<<vibes>>>>>>>>>>>>>>> to family and friends and community and all those that are suffering. we're thinking of you

[slidey]

What pathetically cruel, shameless, remorseless, intolerant, disgusting pieces of meat those two are! Blasted dim-witted parasites on society.

All the best thoughts to the near and dear of the victim's family.

[soulspinner]

I ride there all the time and the shouder is huge. Thats two routes I ride (fatality on bike on route 350 as well) with fatalities this year. And its only mid season...........................

[veloduffer]

When you read about "people" like this, I'm all for reinstating public stoning.

[rugbysecondrow]

Very tragic. When I was in the 8th grade, 3 friends of mine were hit and killed by a drunk driver. Stories like this are horrific.

[William]

My heart goes out to the friends and family of the woman that was killed.

Stupid people, doing stupid things, without a care or consideration for anyone else.

You know, as self centered and egotistical as these people are, there are more just like them all around us. Many are able to function more or less within the law, but the callousness, "Nothing is their fault," do what ever they want to do mentality is there. One example you see all the time is people texting while driving. Their world is too important to consider another person's safety over messaging a friend some inane comment that couldn't wait until they got somewhere they could text when the car is not moving. Of course there are varying degrees to this. The ones that worry me most are the ones that will come out when there is no rule of law. During a storm aftermath like Katrina, long term power outages etc... Times when LEO's are swamped and can't get out to all calls. Times when they think it is within their right to do or take whatever they want. Through personal experience and working with many LEO's over the years I know that there are many folks out there who wouldn't give a second thought to effing someone up or taking someone out...but that is getting into another discussion.

That facebook posting shows there are at least 17 people out there that agree with her before the page was deactivated....very sad and disturbing.








William

[EDS]

Sad that that girl only was charged with DWI after running over the woman and fleeing the scene.

[oldguy00]

...... I trust the judge will take the Facebook posting and radio interview into consideration when deciding upon sentences.

I bet they hardly get any punishment. Seems to be the way.

[djg21]

Why is a man convicted three times for drunk driving allowed to keep his driver's license? Something is really wrong with our society.

Do we even know if he had a valid driver's license? I doubt that he did given his 3 prior DWI convictions, and the fact that he was just released from prison on July 5, 2012.

Scerbo is going to be in jail for a while. When he was released to parole supervision he still owed 2 years on his original sentence which he'll l have to serve on account of his parole violation. We'll have to see how he's charged, but my guess is that he's looking at aggravated vehicular homicide which is a Class B felony in NY and can result in a sentence of up to 25 years in prison.

I'm curious to see what happens to his girlfriend Megan Merkel. My bet is she gets charged with vehicular manslaughter and does a few years.

[GregL]

Do we even know if he had a valid driver's license?

http://www.13wham.com/news/local/story/Crash-That-Killed-Teacher-Those-Involved-Have/hazE_oRwokSOx8ZODz37cQ.cspx?autoplay=1

Neither of the criminal drivers EVER held a valid driver's license.

If you are a NY state resident, please take the time to contact your elected representative to inform them about this horrible tragedy and demand stronger punishment for such crimes.

http://assembly.state.ny.us/mem/

http://www.nysenate.gov/

Thanks,
Greg

[christian]

While this is egregious and terribly sad, the reality is that these people will do real jail time for this gross indifference to human life.

If they were driving sober in an SUV, texting, and claimed that the sun was in their eyes and they "just didn't see her," they'd get off with a citation.

I'm not sure which is the bigger crime.

To wit, and quoting Richard Rosenthal from the NYCC boards:

"Camille Savoy, aged 54, was killed from behind on 9W in November, 2008 by Wha S. Kim, aged 72. Savoy, an experienced cyclist, suddenly swerved in front of Kim (who reportedly had a bad driving record). How do we know? She said so. And so she was acquitted in an Alpine, NJ court notwithstanding a police accident reconstruction expert testifying she was driving one and a half feet inside the shoulder.

Jerome Allen, a 58 year old bank examiner, was killed while cycling in Staten Island in April, 2005. He was killed by Anthony Tasso, Jr., aged 23, who was driving his uncle's SUV on a suspended license. Allen was riding next to Tasso when he suddenly swerved in front of him. How do we know? Tasso said so. He was not charged.

Dr. Rachel Fruchter, Ph. D., aged 57, a graduate of Oxford and Rockefeller Univ., a biochemist, a professor of obstetrics, and a researcher into gynecological cancer and the epidemiology of cancer, was cycling in Prospect Park iin July, 1997 when she was struck from behind and killed by a van driver driving well over the speed limit, as police reconstructed the scene. He was not permitted to be on the park road as he was. He was ticketed...for equipment failure."

Not to mention the horrible hit-and-run perpetrated by Priya Nanda who killed Max Vickers and showed no remorse whatsoever.

[Earl Gray]

OMG. That is horrible.

These threads serve a public good for sure......

Not sure I agree with this.

I have no clue what good comes from rehashing this type of stuff here.

If anything it furthers the "us Vs Them" mentality. Which is not good.

[Aaron O]

I am not an eye for an eye person. I believe in redemption and reform, I believe that people can change (I know I have) and I know that accidents happen. Generally speaking, I avoid lynch mobs and try to have a reasoned and fair approach to mistakes and crime. I'm the kind of guy a defense attorney probably wants on the jury - I avoid making assumptions and have genuine sympathy for the plight of my fellow man.

Cell phone drivers need to be nailed to the wall. Obviously I'm biased - I've been on a couch for near 4 months after being hit by a cell phone driver. I'm looking at the probability of arthritis and knee replacement down the road. At first I took my normal approach - mistakes happen, that's why they call them accidents...etc. That's not the truth. Everyone knows cell phone driving is dangerous and she made a choice that day. Her choice has dramatically impacted my life and she'll walk away with little but an adjusted insurance rate. To help encourage good decision making, I believe punishments and penalties in line with drunk driving are appropriate for cell phone drivers.

Hit and run drivers should automatically be assumed to have been drunk at the time of the accident. We're encouraging people to behave poorly by letting them bat the system and the woman above should have spent time in prison.

I know - I'm preaching to the choir, but I need to vent as I sit here on a broken leg.

[laupsi]

Appropriate? Michael Douglas movie from the 80's, "The Star Chamber". No I am not in favor of the death penalty.

[tiger]

Even though NY is in need of stronger laws and repercussions for hitting a cyclist or a pedestrian, that would have no effect in this circumstance. People like this play by their own rules, not those of a civilized society.

For those that do play by the rules, NY bicycle advocacy is not as strong as other states. We don't have a three feet law (politically abandoned a couple of years ago), have few bike lanes, few share the road signs, no cycling advocacy license plates. Although these likely have limited impact on incorrigible behavior such as that displayed in this incident, they do serve to normalize the idea that the roads must be shared (a message that bears reminding law-abiding citizens frequently).

The victim could have been anyone - a pedestrian, a child on a skateboard or a cyclist. Nothing but incarceration will keep alcoholics from driving while drunk and they are a menace on the road to us all. The results are tragic.

[rugbysecondrow]

Even though NY is in need of stronger laws and repercussions for hitting a cyclist or a pedestrian, that would have no effect in this circumstance. People like this play by their own rules, not those of a civilized society.

This.

There is a sub-set of society for whom rules just do not apply. You could make the pronouncement "You will be shot dead in the public square if you drink and drive and kill somebody" and people would still drink and drive. There is such a disregard for life, even their own, that they just do not care. As sad as it is, it is bred into them, from the parents, grand parents...they procreate with others with similar disregard. I have seen it countless times.

Then you have people for whom rules matter, life matters but they made a HUGE error and it resulted in loss of life. For this person, there might be a chance for redemption, for improvement, for providing benefit to society.

I draw no firm conclusion.

[Aaron O]

This.

There is a sub-set of society for whom rules just do not apply. You could make the pronouncement "You will be shot dead in the public square if you drink and drive and kill somebody" and people would still drink and drive. There is such a disregard for life, even their own, that they just do not care. As sad as it is, it is bred into them, from the parents, grand parents...they procreate with others with similar disregard. I have seen it countless times.

Then you have people for whom rules matter, life matters but they made a HUGE error and it resulted in loss of life. For this person, there might be a chance for redemption, for improvement, for providing benefit to society.

I draw no firm conclusion.

+1...no law or enforcement is going to fix everything, but enforcement of cell phone laws and different approaches will matter for many folks. There are a lot of folks who just don't get it and don't value life, theirs or yours, the same way most of us do.

The girl who hit me was a responsible member of society with a job and a stake in the system. I'd wager laws and enforcement would have worked with her.

[majorpat]

Accidents happen? Sure they do, but plenty of times it is because of some dope doing something stupid or not paying attention to the task at hand. I tend to think of it as selfishness...my phone call or text is more important than paying attention to my responsibility to operate a car safely. Most of the time, a swerve onto the shoulder does no harm, but once in a while somebody hits a pedestrian or a cyclist. I'm always amazed at the leniency afforded to people who are involved in an accident when claim they "didn't see" or whatever. Hey, it is your responsibility to ensure safe operation of the car, start paying attention.

I think it was a NY Times article recently than said that researchers have proved that there is no such thing as multi-tasking just that some poeple are quicker at moving between tasks than others.

Pat

[Climb01742]

for awhile now i've wondered if car companies bear some sort of responsibility in drunk driving accidents. a car in the hands of a drunk is a lethal weapon, in essence murder waiting to happen. couldn't car companies come up with a piece of technology (like a key pad with an LED display that, once the key is put in the ignition, flashes a 4 number code that must then be keyed in on the pad. you get two chances. if you can't key in the sequence, the car won't start for 30 minutes?) guns come with safeties. ATM machines require cards and codes. couldn't cars come with some 'test' that could keep drunks from turning their cars on? and if a sober, or less drunk, friend keys in the number for the incapable drunk, then they become accessories to whatever happens.

car companies with drunks...and cellphone companies and car companies with texting and driving...there is a known, dangerous connection, yet no company has tried to solve the problem with a technology barrier. could they at least try?

we could say that ultimately it's a personal responsibility (which is true) but once it's shown that we humans won't alter our dangerous behavior, isn't it worth asking if society should try for some sort of solution using technology to prevent tragedy before the fact, rather than the legal system to punish it after the fact?

[Aaron O]

for awhile now i've wondered if car companies bear some sort of responsibility in drunk driving accidents. a car in the hands of a drunk is a lethal weapon, in essence murder waiting to happen. couldn't car companies come up with a piece of technology (like a key pad with an LED display that, once the key is put in the ignition, flashes a 4 number code that must then be keyed in on the pad. you get two chances. if you can't key in the sequence, the car won't start for 30 minutes?) guns come with safeties. ATM machines require cards and codes. couldn't cars come with some 'test' that could keep drunks from turning their cars on? and if a sober, or less drunk, friend keys in the number for the incapable drunk, then they become accessories to whatever happens.

car companies with drunks...and cellphone companies and car companies with texting and driving...there is a known, dangerous connection, yet no company has tried to solve the problem with a technology barrier. could they at least try?

we could say that ultimately it's a personal responsibility (which is true) but once it's shown that we humans won't alter our dangerous behavior, isn't it worth asking if society should try for some sort of solution using technology to prevent tragedy before the fact, rather than the legal system to punish it after the fact?

It would have to be an across the board industry standard, otherwise the consumer would move on to the car that didn't block cell signals.

[Jaq]

for awhile now i've wondered if car companies bear some sort of responsibility in drunk driving accidents. a car in the hands of a drunk is a lethal weapon, in essence murder waiting to happen. couldn't car companies come up with a piece of technology (like a key pad with an LED display that, once the key is put in the ignition, flashes a 4 number code that must then be keyed in on the pad. you get two chances. if you can't key in the sequence, the car won't start for 30 minutes?) guns come with safeties. ATM machines require cards and codes. couldn't cars come with some 'test' that could keep drunks from turning their cars on? and if a sober, or less drunk, friend keys in the number for the incapable drunk, then they become accessories to whatever happens.

car companies with drunks...and cellphone companies and car companies with texting and driving...there is a known, dangerous connection, yet no company has tried to solve the problem with a technology barrier. could they at least try?

we could say that ultimately it's a personal responsibility (which is true) but once it's shown that we humans won't alter our dangerous behavior, isn't it worth asking if society should try for some sort of solution using technology to prevent tragedy before the fact, rather than the legal system to punish it after the fact?

We haven't gotten there yet, but that's where we're going. Breathalizer locks already exist - they're used for people with repeat offenses. Blow into the tube before you start your car; if your BAL is greater than X, your car won't start.

As a society, we define driving not as a right, but as a privilege. It's by virtue of that definition that cities and states are able to require all drivers to carry insurance, require motorcycle riders to wear helmets, etc. When technology catches up, government will insist on devices that measure BAL. The event data will probably go to the DMV, which will then probably sell/release it to the various insurance companies, who'll subsequently raise your rates. Again, because driving is a privilege, it'll be argued that, in return for being given permission to operate a motor vehicle, you voluntarily agree to submit data to the state.

I could also see facial recognition tech - just like the algorithms used by Facebook - for photographing the driver of a car (by the car itself) as a person starts the engine or drives. If you don't have a valid driver's license, the car won't go.

All kinds of stuff like that is coming down the road, no pun intended. I'm not sure how good (or bad) any of it is. I have a feeling that, as it's adopted, most of us will just say "meh" and buy the car anyway.

If you don't like it, you can always ride a bike. :D

[William]

... couldn't car companies come up with a piece of technology (like a key pad with an LED display that, once the key is put in the ignition, flashes a 4 number code that must then be keyed in on the pad. you get two chances. if you can't key in the sequence, the car won't start for 30 minutes?) guns come with safeties.

That would go out the window the with the first lawsuit that claimed someone was being chased by an ex husband/wife or being attacked and couldn't get away because they were in such a mad scramble to get into the car and flee that they couldn't key in the code.

Breathalizer locks work but that's only in use after they've been caught before. Wouldn't all this lead to essentially unlawful search&seizure?





William (The non-law scholar)

[pjm]

I'm running the brightest tail light money can buy on the bike now. It can be seen from far away on a bright sunny day. I feel I need to do everything I possibly can to get to get the attention of these texting idiots. Because they are EVERYWHERE!

[jghall]

Terrible and so sad. Started to listen to the audio, got about 30 seconds in and couldn't do it.