Cyclist run over by drunk - reporter blames cyclist

[OnceFast]

Here is the article from today's Times Union:

http://timesunion.com/AspStories/story.asp?storyID=496961&category=ALBANY&BCCode=HOME&newsdate=7/4/2006

DWI charge lodged in fatal car-bike crash

By MARC PARRY, Staff writer
Click byline for more stories by writer.
First published: Tuesday, July 4, 2006

BETHLEHEM -- A Bethlehem man died Monday morning after a drunken driver crashed her SUV into his bicycle near the Owens Corning plant on a rural stretch of Route 32 popular with cyclists, police said.

Authorities charged Darlene G. Kawczak of Feura Bush with driving while intoxicated after the 51-year-old failed field sobriety tests, said Bethlehem Police Lt. Thomas Heffernan. More charges are pending.

Heffernan identified the victim as a Bethlehem resident in a brief interview at the scene. But late Monday afternoon, police still had not released his name because they had been unable to locate relatives.

The cyclist and Kawczak were heading north in Feura Bush around 10:45 a.m. when Kawczak's Ford Explorer allegedly drifted over the white line at the side of the road. She smashed into the cyclist and the guardrail, Heffernan said.

The SUV pinned down the bicyclist. Slingerlands firefighters raised it off him. The man was pronounced dead at the scene.

The victim appeared to be biking alone, Heffernan said.

"Based on the bike and the gear he had, it looked like he was an avid bicyclist," Heffernan said. "It didn't look like it was somebody that was just out for a joy ride."

Authorities barricaded Route 32 between Feura Bush and Creble Roads for about four hours in a section of Bethlehem that is often the scene of large group bike rides this time of year.

Mohawk Hudson Cycling Club members meet at the CDTA Park & Ride at the end of the Delmar Bypass, just up the road from the accident scene.

The groups of more than 30 cyclists nearly always pass the crash spot on their weekly swings around Albany County, said J. Wozniak, a mechanic at Steiner's Sports in nearby Glenmont.

"Usually, with a group of people, cars give us a wide berth," Wozniak said. "As an individual, traffic is traveling at 60 miles per hour, so I don't know if I'd necessarily ride on that road by myself."

As a driver who lives near the crash, Tina Moore long feared the combination of curving roads and bikers -- who don't always hug the shoulder -- could lead to a fatal accident.

"I'm always a nervous wreck when I'm around them," Moore said outside her home, which sits near one of the barricades police set up Monday.

Kawczak was arraigned in Bethlehem Town Court and released. She is expected to return Aug. 1. Parry can be reached at 454-5057 or by e-mail at mparry@timesunion.com.


I can't believe the quote from the cop Hefferman or the implication at the end of the article that this was something that was just waiting to happen. How about Marc Parry finding out something about Darlene Kawczak who was drunk in the middle of the morning and caused this horrible "accident".

[onekgguy]

I can't believe the quote from the cop Hefferman or the implication at the end of the article that this was something that was just waiting to happen. How about Marc Parry finding out something about Darlene Kawczak who was drunk in the middle of the morning and caused this horrible "accident".

I don't read it that way. I thought it was a fair report about a cyclist being killed by a drunk driver.

Kevin

[BarryG]

I thought the quote from the nearby resident Tina Moore as totally inappropriate and out of context. It had nothing to do with the circumstances of this vehicular homicide. The stretch of road involved is straight with a VERY wide shoulder. Also, I know Jay Wozniak well and don't understand his comment.

I too wish the author had voiced some outrage over the actions of Kawczak. This woman was drunk and drifted out of her lane and slammed into the guardrail, pinning the cyclist. The article's perspective doesn't match the circumstances of the accident and the reporter is at fault.

[telenick]

I can't believe the quote from the cop Hefferman or the implication at the end of the article that this was something that was just waiting to happen... snip

Not for nothing ...but death is always waiting to happen. My condolences to all who feel the weight of this death.

[Bobbo]

I found the story offensive - here's my email to the reporter:

Mr. Parry;

As an avid cyclist, father, husband, mortgage-holder, and generally all-around responsible citizen, I found the general tenor of this tragic story offensive. It sounds like you're trying to place blame and responsibility for an incident of what most certainly is vehicular manslaughter on the victim!

My evidence? The inclusion of quotes from Mr. Wozniak - "As an individual, traffic is traveling at 60 miles per hour, so I don't know if I'd necessarily ride on that road by myself."

OK, I get it: if you choose to ride your bike on that road by yourself, it's your own fault when you get mowed over by a driver that's stinking drunk at 10:45 AM.

Additionally, this statement from the neighbor: "Tina Moore long feared the combination of curving roads and bikers -- who don't always hug the shoulder -- could lead to a fatal accident."

Since it seems that no one knows whether or not the dead cyclist was hugging the shoulder or not, is it really fair to include this statement, or could you just not resist the urge to wag your finger at cyclists in general? It seems to me that the primary cause of this accident was not the combination of curving roads and bikers who don't always hug the shoulder, rather it was the criminal act of a drunk-to-the-gills driver behind the wheel of a 4000 pound weapon.

Earlier in the story, you state that the drunk's SUV "allegedly" drifted over the white line. Well, since this isn't a court of law, what exactly are you implying by the use of the word "allegedly"? Is that really necessary? Since the drunk's vehicle wound up smashed against the guardrails (which happen to be to the right of the white line), I think it's fair to assume that the drunk apparently drifted over the white line.

The bottom line is, your story reads like "this guy should have known better - it's his own fault". It's unfair for you to infer that - we don't know how much blame should be placed on him, if any. We only know that he wound up under the wheels of an SUV piloted by an obviously drunk driver. Come on, man, exercise some responsibility. The victim could just have easily been a pedestrian out for a walk, or a child playing on a sidewalk in a quiet neighborhood. I wonder if your story would have read the same way if that was the case.

Sincerely,
Bob Wells
Webster, NY

[tomwd3]

Just terrible news about the murdered cyclist. I don't think the circumstances are appropriate for the word accident. I live within 5 miles of the spot and ride by it at least twice a week. It could just have easily been me. The rider's name hasn't been released yet, and I'm really hoping it's not somebody I know.
I ride with J. Wozniak on a regular basis, and have ridden with him by that spot more times than I can count. I would have to guess that the reporter asked him if he considered that a dangerous road/area. I never thought it was that bad, but when you're factoring in a druck driver, you're not safe on any road.
Tom

[BarryG]

the reporter asked him if he considered that a dangerous road/area
Which is what makes this seem like such a brain-dead feat of journalism. A drunk woman veers off the road into a guardrail that's a good 8-10 ft away, killing the cyclist in her path, and the reporter wants to know if this is a dangerous stretch of road? Huh? Duh? (and it ISN'T otherwise a dangerous stretch of road)

Not to mention "I'm always a nervous wreck when I'm around them". ***? Which part of "drunken driver" didn't the reporter understand?

[tomwd3]

Yeah I gotta agree with you here Barry, the road has nothing to do with being run over by a drunk that hits you from behind.

[vandeda]

I would have to guess that the reporter asked him if he considered that a dangerous road/area.
Tom

Easy answer to that one imho ... any road/area is dangerous around a drunk drive. Doesn't matter if you're riding, driving or walking.

Dan

[Louis]

I found the story offensive - here's my email to the reporter

Bob,

It will be interesting to see if you receive a reply.

I'm guessing that the reporter is completely unaware of the "blame the victim" slant in the story and that his response will reflect that. Whether or not he chooses to learn from your note is the only issue...

Louis

[Bobbo]

Bob,

It will be interesting to see if you receive a reply.

I'm guessing that the reporter is completely unaware of the "blame the victim" slant in the story and that his response will reflect that. Whether or not he chooses to learn from your note is the only issue...

Louis

That's why I felt compelled, even responsible, to send my email. I don't believe that the reporter does not feel badly for the dead cyclist, but I do believe he has unwittingly taken the side of a drunk driver in the way the report was written. He needs to get called out for that, and all drunk drivers need to be treated more harshly for their irresponsible actions.

[neverraced]

Local guys have to make sure this drunkard doesn't get probation.

[BumbleBeeDave]

I probably shouldn't get involved in this, BUT . . .

<<I too wish the author had voiced some outrage over the actions of Kawczak. This woman was drunk and drifted out of her lane and slammed into the guardrail, pinning the cyclist. The article's perspective doesn't match the circumstances of the accident and the reporter is at fault.>>

The reporter is not supposed to be voicing any opinion. It's a news story, NOT an editorial. The reporter interviewed the Bethlehem police officer who would be in a position to comment. For context, he also interviewed a local resident who lives near the scene and drives on the road often--and an employee at a local bike shop who you might normally expect to be knowledgeable about cycling and about local roads. At this point I have no reason to believe they were not quoted accurately. When he interviews them he can't simply ignore what they say if it doesn't agree with his preconceived opinion--or yours.

As a journalist at the other newspaper in town, if I could fault any aspect of this news story it would be the lack of any comment from someone representing the local bike club that meets frequently at the Delmar park-and-ride. In this case that would be the Mohawk Hudson Cycling Club. But I can't be sure he did not do so. News stories are frequently edited to fit available space. It's just a fact of newspaper production. We don't have endless space. It's also not unusual for reporters (and myself, as an assigning photo editor) to leave messages for sources and not hear back from them by deadline, so you just have to go with what you've got.

As for the use of the word "allegedly" to describe her drifting over the white line, the reporter is not a qualified accident investigator and for him to simply look at the scene and infer a particular sequence of events leading to the accident would be TRULY irresponsible journalism. It's also a sad fact of journalism that we insert that word "allegedly" far too often in stories because these days anybody can sue anyone for anything, and even if the claim is ridiculous, we still have to spend oodles of money hiring lawyers. So we do what we can to protect ourselves up front. The same applies to saying she was a drunk driver. It MAY turn out she was just in the midst of a medicinal allergy attack. Again, we just don't know until the investigation is complete--and it sure ain't an hour after the wreck happens.

As for Wozniak, his comments came across as sincere. He wouldn't ride there on 32 himself because cars are whizzing by at 60mph. Sounds like a reasonable personal view to me. But Bob, they are HIS comments, NOT the reporter's. Give the guy a break--he's just reporting what a source said. If you're so wound up, give Wozniak a call and ask HIM what he meant.

I also truly hope this victim is not someone I know. But given the quotes about their equipment indicating an avid cyclist, I fear it will be. But please don't mistake ignorance for arrogance on the part of the reporter just because the tone of the story as you understand it does not match your personal opinions. That's simply not fair to the reporter, who's just trying to do his job the best he can.

BBD

[BarryG]

For context, he also interviewed a local resident who lives near the scene and drives on the road often--and an employee at a local bike shop who you might normally expect to be knowledgeable about cycling and about local roads.
That's exactly my point - what do the freakin' roads have to do with a drunken driver veering off into the guard rail?

I live 2 miles from the scene and have probably ridden that stretch 500 times (no exaggeration). It's flat, fairly straight, with a huge shoulder. The road is a NON-ISSUE.

[atmo]

http://www.bcstopdwi.com/bcstopdwi/StopDWI_Thater.php

[OnceFast]

OK BBDave, I respect your viewpoint from a professional newsperson's point of view. That said when a person is raped, or killed is not a focus of the story also the motivation and circumstances of the perpetrator of the crime. And yes I don't think she would be held in jail if there was not enough evidence to indicate a DWI charge. I see nothing in the article about her prior driving record. Maybe there was not enough information available to the press to get this by publishing time. I just thought the whole article stunk, but maybe that's because I, like BarryG, ride those roads and can imagine myself a victim. I guess it's just a little too personal.

[Brian Smith]

maybe in addition to leading the reader to find fault in the combination of cycling and a speedy road, the author could have generated a little curiosity about the need to drive drunk at 10am within such a short distance of a bus rendezvous. If the driver had to <allegedly> veer across the center line, could the author not also have reported on the road markings, damage to the road barrier and vehicle, or other such undeniable resultats?*

oh well, it's just an article in the newspaper, I found out about the accident on this board, nto the newspaper, as did many of us, so I suppose the article is not very relevant here, and I think in this part of New York we are pretty accustomed to hearing news given out this way, so as much as it sucks as reporting, it's not extra remarkably bad. Not being ajournalist, I'm much more disappointed in the life choices of the driver than I am in the quality of work by the newspaper.


* - french for "results"

[Bobbo]

I probably shouldn't get involved in this, BUT . . .

<<I too wish the author had voiced some outrage over the actions of Kawczak. This woman was drunk and drifted out of her lane and slammed into the guardrail, pinning the cyclist. The article's perspective doesn't match the circumstances of the accident and the reporter is at fault.>>

The reporter is not supposed to be voicing any opinion. It's a news story, NOT an editorial. The reporter interviewed the Bethlehem police officer who would be in a position to comment. For context, he also interviewed a local resident who lives near the scene and drives on the road often--and an employee at a local bike shop who you might normally expect to be knowledgeable about cycling and about local roads. At this point I have no reason to believe they were not quoted accurately. When he interviews them he can't simply ignore what they say if it doesn't agree with his preconceived opinion--or yours.

As a journalist at the other newspaper in town, if I could fault any aspect of this news story it would be the lack of any comment from someone representing the local bike club that meets frequently at the Delmar park-and-ride. In this case that would be the Mohawk Hudson Cycling Club. But I can't be sure he did not do so. News stories are frequently edited to fit available space. It's just a fact of newspaper production. We don't have endless space. It's also not unusual for reporters (and myself, as an assigning photo editor) to leave messages for sources and not hear back from them by deadline, so you just have to go with what you've got.

As for the use of the word "allegedly" to describe her drifting over the white line, the reporter is not a qualified accident investigator and for him to simply look at the scene and infer a particular sequence of events leading to the accident would be TRULY irresponsible journalism. It's also a sad fact of journalism that we insert that word "allegedly" far too often in stories because these days anybody can sue anyone for anything, and even if the claim is ridiculous, we still have to spend oodles of money hiring lawyers. So we do what we can to protect ourselves up front. The same applies to saying she was a drunk driver. It MAY turn out she was just in the midst of a medicinal allergy attack. Again, we just don't know until the investigation is complete--and it sure ain't an hour after the wreck happens.

As for Wozniak, his comments came across as sincere. He wouldn't ride there on 32 himself because cars are whizzing by at 60mph. Sounds like a reasonable personal view to me. But Bob, they are HIS comments, NOT the reporter's. Give the guy a break--he's just reporting what a source said. If you're so wound up, give Wozniak a call and ask HIM what he meant.

I also truly hope this victim is not someone I know. But given the quotes about their equipment indicating an avid cyclist, I fear it will be. But please don't mistake ignorance for arrogance on the part of the reporter just because the tone of the story as you understand it does not match your personal opinions. That's simply not fair to the reporter, who's just trying to do his job the best he can.

BBD

OK Dave, I respect your opinion and your thoughts on the matter have been duly noted. I think the idea that the reporter is not supposed to be voicing an opinion is exactly the point I was trying to make. By including comments and quotes that appear to support an anti-cycling slant and not providing some balance in the report, my impression is that the reporter was voicing an opinion (either consciously or not).

So no, I don't think for one minute that the quotes and information used were not accurate, but we're all capable of providing our own context by the manner in which those quotes and facts are presented. Surely, that's something you can understand. You state that news stories are often edited to fit available space - I believe they're often also edited to fit pre-conceived notions, again consciously or not; IOW, I'm not suggesting some nefarious agenda; how about plain old ignorance? (I never meant to imply any arrogance on the part of the reporter, but frankly, I don't think ignorance is much more forgiveable, especially when one is wielding the "power of the pen")

Regarding the use of the word "allegedly": OK, the legal stance makes sense to me, and I guess I don't blame any business enterprise for taking steps to avoid stupid lawsuits, but can't we just agree that using the word "allegedly" in the context of this story completely insults our intelligence? ("Uh, gee, the car seems to have mowed over the cyclist, and then came to a stop when it rammed into the guardrail. Hmm, let's see, that guardrail is located to the right of the white line....I'm going to go out on a limb and surmise that the driver must have driven over that white line before mowing over the cyclist and then hitting the guardrail")

As for Wozniak's comments, I have absolutely no argument with them at all. While I don't live in the area and am not familiar with that stretch of road, I don't think it's unreasonable for someone to make a comment like that, and in fact, there are many roads in my area that I avoid for the same reasons that Wozniak stated in the report. The problem, on that particular day, for that particular cyclist was not the road - it was the fact that there was a drunk behind the wheel of an SUV on the same road as the cyclist. So no, I can't give the guy (the reporter) a break because the road that the cyclist chose to ride on is not germane to the story; the road didn't take this guy's life, a drunk driver did.

As for being wound up, hey Man, a fellow cyclist gets run over by a (allegedly) drunk driver in YOUR backyard - if YOU'RE not wound up, I feel for 'ya.

Cheers. :beer: (irony intended)

[Elefantino]

Regarding the use of the word "allegedly": OK, the legal stance makes sense to me, and I guess I don't blame any business enterprise for taking steps to avoid stupid lawsuits, but can't we just agree that using the word "allegedly" in the context of this story completely insults our intelligence? ("Uh, gee, the car seems to have mowed over the cyclist, and then came to a stop when it rammed into the guardrail. Hmm, let's see, that guardrail is located to the right of the white line....I'm going to go out on a limb and surmise that the driver must have driven over that white line before mowing over the cyclist and then hitting the guardrail

I probably shouldn't get involved in this either, but let's talk about "allegedly."

We don't use it. Period. And no other journalist should, either. I have blathered on at national editing conventions about this, but here's the Clif's Notes version: It is a TV reporter's word, a crutch word and, most importantly, the wrong word because it provides no protection against libel. None. Because it does not cite the source, courts have found that in the absence of a source, the reporter, and the newspaper, could be said to have made the allegation. ("... anybody can sue anybody for anything" — BBD).

Our reporters are told to source the allegatory ... "Police said; according to the police report, etc.)" ... and our copy editors are told to edit the reference in wire-service stories.

That said, many of the points several of you have made are valid. The story was rather full of holes. I think I will print it and give it to some of our younger staffers as an exercise.

[Brian]

From the Albany Times Union:

BETHLEHEM -- Funeral arrangements have been made for a Slingerlands bicyclist killed by an alleged drunken driver in Bethlehem Monday morning Joel Melnikoff, 49, died after an SUV drifted over the white line at the side of the road on Route 32 near the Owens Corning plant and smashed into his bicycle, police said.

Melnikoff's funeral will be 11 a.m. Friday at the Mendleson Chapel on the grounds of Beth Emeth Cemetery in Loudonville.

Authorities charged the SUV's driver, Darlene G. Kawczak of Feura Bush, with driving while intoxicated after she failed field sobriety tests.

``The accident remains under investigation and additional charges are expected,'' Bethlehem Police Lt. Thomas Heffernan said Wednesday.
Myself and four other riders came upon the scene about three hours after this poor guy was tragically run down. The area was roped off and a forensics team was finishing up with pictures, measurements, etc. While they let us pass through, they would not reveal to us the name of the victim since next-of-kin had yet to be notified.

As Barry has stated, this is a wide-open stretch of road with excellent visibility and very wide shoulders. I have never felt unsafe on this part of Route 32 and, like Barry, have ridden it hundreds of times.

What really steams me is that this woman was arraigned and released the SAME DAY. Not even one night in a cold jail cell to let it all sink in. There’s not even a mention of her having to post bail.

[Chad Engle]

I have to go with BBD on this. Obviously tragic, but this all seems to be misdirected anger. The writer simply reported on a horrible event, not very well according to some, not my area of expertise so I won't comment. My guess is that even a non-cyclist can see that neither the road nor the cyclist were at fault, it was a drunk driver.

We all need to be careful.

[Climb01742]

isn't the foundamental issue here that the driver was drunk? and that the courts, police and society seem to take drunk driving too lightly? whether the victim was a cyclist this time or a family in a car next time, at the end of the day isn't killing someone while drunk essentially murder or manslaughter, and should, in a better world, be treated as such?

[Tom]

Why is this quote included?

"As a driver who lives near the crash, Tina Moore long feared the combination of curving roads and bikers -- who don't always hug the shoulder -- could lead to a fatal accident."

When's the last time you heard about a bike rider dying because they were riding on a curving road without somehow a motor vehicle being involved?

Clearly the thing to do is ban all bicycles from the roads so it's safe for the drivers that want to careen around cross-eyed drunk at quarter to eleven on a Monday morning. Lord knows, one doesn't want to cause the drivers any emotional trauma by irresponsibly putting one's self in their path and victimizing them by dying under their wheels.

Neatly they turn the blame from the drunken slob to the poor guy that's dead. He can't say anything, but we can. We need to let the paper know that this was way out of line and maybe get one or two people thinking.

[BumbleBeeDave]

I agree that it might be appropriate to contact the reporter or—better yet—his editor—and see what further coverage is planned of this issue. Tagging it to the Paniccia case of two years ago and other cycling fatalities in the area over the past few years might give you a better chance of selling it to an editor.

But please don’t jump to the conclusion you seem to that some nebulous “they” have deliberately slanted the story to make it look like the cyclist is at fault. You need to consider local resident Moore’s comments in their entirety . . . She concludes her comment with, <<"I'm always a nervous wreck when I'm around them," Moore said outside her home, which sits near one of the barricades police set up Monday.>> It’s her comments that seem to make it the fault of the cyclist.

As for others . . .

OnceFast . . . The reporter very likely had no access to any information at the time of the wreck other than her name, town, and the fact she was arrested. I’ve been to these scenes. Often it’s hard to even get the investigating officer to step aside long enough to get ANY information. But you are right in that is IS very personal, and that’s understandable.

Bobbo . . . The reporter and his editors may very well BE ignorant about cycling issues. A general assignment news reporter often knows a little about a lot, but is also inevitably having to write for an audience of people that always includes a minority who know a whole lot about the little he’s writing about. And they never hesitate to let us know it, either.
Additionally, any reporters who “go(es) out on a limb and surmise(s)” is not one that I would EVER want to have on MY staff. His job is to report facts—FACTS—not his own personal suppositions based on his limited knowledge (see paragraph above).
And yeah, I would like to get wound up about this, but I’m not sure who to get wound up at or what good it would do. Drunk driving is already a well-recognized national problem. There’s really nothing I can do to avoid a one-in-a-million chance incident like this other than simply not ride at all on public roads. Is that what we should all do?

elefantino . . . The only hole I see in this story is the failure to get balancing comment from a pro-cycling source with the local club, but given the circumstances, I also have to keep in mind that the reporter—and his editor—may have very well seen the comments from the bike shop employee as that very balancing comment. I see no evidence that anyone was trying to be blatantly unfair or slanted in this story.
And the word “alleged,” I feel that it was used properly here . . . <<The cyclist and Kawczak were heading north in Feura Bush around 10:45 a.m. when Kawczak's Ford Explorer allegedly drifted over the white line at the side of the road. She smashed into the cyclist and the guardrail, Heffernan said.>> It’s seems to be properly atributed as part of Heffernan’s comments, since the word is used nowhere else in the story.
The use of the word itself may not offer much ULTIMATE protection against libel, but the opinion that counts here is that of the paper’s Managing Editor and their lawyer. It’s better to throw it in there than not.

And lastly . . . I agree with Climb. The real issue here IS that the driver was drunk. Not the comments of bike shop employees or nervous nellie drivers who live near the scene or how well or not well a reporter did his job. THAT’S the message—the drunk driver—but you guys seem so anxious to pile on the reporter like he’s some sort of conspirator. He’s not. He was just doing his job.

BBD

[Elefantino]

The only hole I see in this story is the failure to get balancing comment from a pro-cycling source with the local club, but given the circumstances, I also have to keep in mind that the reporter—and his editor—may have very well seen the comments from the bike shop employee as that very balancing comment. I see no evidence that anyone was trying to be blatantly unfair or slanted in this story.
And the word “alleged,” I feel that it was used properly here . . . <<The cyclist and Kawczak were heading north in Feura Bush around 10:45 a.m. when Kawczak's Ford Explorer allegedly drifted over the white line at the side of the road. She smashed into the cyclist and the guardrail, Heffernan said.>> It’s seems to be properly atributed as part of Heffernan’s comments, since the word is used nowhere else in the story.
The use of the word itself may not offer much ULTIMATE protection against libel, but the opinion that counts here is that of the paper’s Managing Editor and their lawyer. It’s better to throw it in there than not.

Actually, it's better NOT to throw it in there and source the allegation first and always. Writers needn't be sloppy or careless.

I agree no one was trying to be slanted or unfair. But rule No. 1 of DUI accidents is the driver's history. Run a background to see if she was a repeater.

All this shop talk is boring me. The last thing we want to do is bring down the Serotta forum with ... journalism!

[BumbleBeeDave]

I usually come here to get AWAY from journalism! :rolleyes:

In any event, I'm very sorry for this man's family. I'm sure they are going through a very difficult time right now . . .

BBD

[Allez!]

Thanks for the explantion BBDave.
The way I read this it's the road that's unduly credited with being dangerous.
Aa someone stated the issue is the DWI, and this was somewhat obscured by the quotes. Unfortunate that the focus was shifted - I'm know that was not J's intention - he's simply says that traffic moves very quickly there - it does, I've ridden in the area - I try to stay away from 32 - of course that driver could have been on any road and done this.
As a member of the Mohawk Hudson Cycling club (the club has handled these issues in the past - I'm sure they'll do the best they can) I'll be following up with the club to try to make sure that media coverage continues and is clear on the issue, and to lobby the DA to make sure that the flow through is there on the legal end.
This is tragic and inexcusable - the driver should be held fully accountable.

[BumbleBeeDave]

. . . the Times Union's website . . .

Published yesterday . . .

<<< Last updated: 11:25 a.m., Wednesday, July 5, 2006

BETHLEHEM -- Funeral arrangements have been made for a Slingerlands bicyclist killed by an alleged drunken driver in Bethlehem Monday morning.
Joel Melnikoff, 49, died after an SUV drifted over the white line at the side of the road on Route 32 near the Owens Corning plant and smashed into his bicycle, police said.
Melnikoff's funeral will be 11 a.m. Friday at the Mendleson Chapel on the grounds of Beth Emeth Cemetery in Loudonville.
Authorities charged the SUV's driver, Darlene G. Kawczak of Feura Bush, with driving while intoxicated after she failed field sobriety tests.
``The accident remains under investigation and additional charges are expected,'' Bethlehem Police Lt. Thomas Heffernan said Wednesday.>>>

And published today . . .

<<< First published: Thursday, July 6, 2006
BETHLEHEM -- Funeral arrangements have been made for a Slingerlands bicyclist killed by an alleged drunken driver Monday morning.
Joel Melnikoff, 49, died after an SUV drifted over the white line at the side of the road on Route 32 near the Owens Corning plant and smashed into his bicycle, police said.
Melnikoff's funeral will be at 11 a.m. Friday at the Mendleson Chapel on the grounds of Beth Emeth Cemetery in Loudonville.
Authorities charged the SUV's driver, Darlene G. Kawczak of Feura Bush, with driving while intoxicated after she failed field sobriety tests.
Melnikoff, a Queens native, had been a physical therapist at the Stratton VA Medical Center for more than 20 years. An avid runner, he was a member of the Hudson-Mohawk Road Runners Club and was a track official for Section 2 high schools.
He is survived by his wife, Susan, and children, Abby and Matthew.

-- Marc Parry

[Grant McLean]

And lastly . . . I agree with Climb. The real issue here IS that the driver was drunk. Not the comments of bike shop employees or nervous nellie drivers who live near the scene or how well or not well a reporter did his job. THAT’S the message—the drunk driver—but you guys seem so anxious to pile on the reporter like he’s some sort of conspirator. He’s not. He was just doing his job.

BBD

The media frame the arguement, that's the key point. They choose what is
told, not just how. It is very subtle how people's opinions are formed, and
what real "message" is. Reading this story about a cyclist killed, what's the
real message?

The message to me is, roads are scary and you're crazy to ride a bicycle on
the road, you're just looking to get killed, like this poor guy.

The negative effect of reporting these stories before the dead person is identified
is that it dehumanizes the tragedy, and gives the reader that "could be you"
fear factor. How about waiting to run the story until the wife or family can
be asked for a quote?

I guess if you wait, then it's no longer "news". It's soooo important we get
the 'news'.

Just look at how BBD framed the arguement. He said "it's not the reporters fault"

Are any of these issues the reporter's fault? Of course not, but the effect
is real anyway.

g

[BumbleBeeDave]

My intent was to point out that just because the story is bad news, that's no justification for blaming and/or castigating the reporter personally. I framed is as I did because it's NOT the reporter's fault, yet people here are reacting as if it is.

And yes, it IS generally "soooo" important to get information about events as soon as possible. And you can bet that on days like 9/11 or the shuttle exploding readers are grateful for it. But I've found out that we really can't win. If we report something like this tragic traffic death too soon we're scolded for being incomplete. If we wait, we're somehow withholding the news. We get plenty of complaints both ways.

Everyone frames what they read and see through their OWN frame of reference based on their opinions and their life experience--including reporters and editors who produce stories like this. I often marvel at just how objective the media usually DOES manage to be, given that reality.

BBD

[OnceFast]

BBDave since you are in the news business I'd like your opinion. When do you think it would be reasonable for the Times Union to publish a story on the drunk driver? Information about her prior driving record - good or bad. Are they waiting to do this until after the funeral out or respect for Mr. Melnikoff and his family? I kind of doubt that. Or does the story just end until the police decide to file additional charges?

It seems like the Times Union went out of its way to get information that had little bearing on the real cause of the accident and now is just content to let that be the end of it. I'd like to see a shift in focus here - soon!

[BumbleBeeDave]

. . . to see another story of some sort when additional charges are filed--if they are filed.

I would also guess that any additional coverage would be in the context of the drunk driving problem as a whole, not the "problem" of cyclists riding on route 32 or other busy highways. Unless, of course, local residents begin agitating to ban cyclists from that stretch of road. Or local cyclists hold some sort of "critical mass" type memorial ride.

BBD

[Fixed]

bro and a mess. snags a ped. and all heck breaks lose.
cheers

[Bobbo]

Don't want keep beating this horse, but here is the response from Mr. Parry to my email to him, followed by my reply:

Bob,

I'm sorry you took offense at the article. I did not mean to imply at all that the cyclist was at fault, and I'm sorry that's what you took from the story. I thought the article made pretty clear that the woman crossed the white line and the accident was her fault. The word "allegedly" is a qualifier that we have to throw in because the information is coming from police, not from us witnessing what happened. You shouldn't read anything into that.

I only included the two people's quotes about the road for background about the area, not to question the actions of a clearly innocent victim.

I tried yesterday to find out what additional charges will be filed, but police had no comment yet.

--Marc


Marc,
I appreciate your thoughtful response. While my reaction to your story may have been a bit knee-jerk, it's hard not to have an emotional reaction when it's so easy to put yourself in the place of a two-wheeled victim out for some exercise and fresh air. I can only imagine the horror and torment this guy's family is going through. My thoughts and prayers are with them, and I can only hope that the degenerate bag of dirt drunk that killed him feels the full weight of the law.
Sincerely,
Bob


OK, time for me to say ELMO* to this thread and return to my lurker's cave.

*Enough, Let's Move On

[BumbleBeeDave]

. . . you've said it very well, Bobbo.

ELMO . . . I like that. Never seen it before, but around here it may become one of my favorite phrases! :beer: ;)

BBD

[BumbleBeeDave]

Here's a story from this morning's albany Times-Union . . .

BBD

__________________________________________________ ___________

Cyclist death draws more serious charges
Driver faces homicide, vehicular manslaughter, drug counts in case

By MARC PARRY, Staff writer
Click byline for more stories by writer.
First published: Friday, September 29, 2006

BETHLEHEM -- A Feura Bush woman who police say was intoxicated when she crashed her SUV into a bicyclist on Route 32, killing him, now faces more serious charges.


Darlene G. Kawczak, 51, was arrested and arraigned Monday on charges of criminally negligent homicide, vehicular manslaughter and operating a motor vehicle impaired by drugs, officials said.

Kawczak was initially charged in July with driving while intoxicated after she failed field sobriety tests.

The new charges stem from further investigation and chemical test results, Bethlehem Police Lt. Thomas Heffernan said.

The crash killed Joel Melnikoff of Bethlehem, a former member of the Mohawk Hudson Cycling Club, and reverberated through the tight-knit community of avid Capital Region cyclists.

Kawczak told investigators "she had reached to get something, and when she did she struck the bicyclist, then the guardrail," according to the police report.

She was released on a $15,000 bail bond. Her case is adjourned until Nov. 8.

[Lincoln]

BBD,
Thanks for the updates.

[Needs Help]

She was released on a $15,000 bail bond.
With that much money at risk, there is no way she would flee the country.

[djg21]

. . . to see another story of some sort when additional charges are filed--if they are filed.

I would also guess that any additional coverage would be in the context of the drunk driving problem as a whole, not the "problem" of cyclists riding on route 32 or other busy highways. Unless, of course, local residents begin agitating to ban cyclists from that stretch of road. Or local cyclists hold some sort of "critical mass" type memorial ride.

BBD

Dave:

The reporters got the story about my run in with the senior citizen wrong too.

http://www.capitalnews9.com/content/headlines/?SecID=33&ArID=187482

First, the ******* who hit me was sent for toxicology screening and given a ticket for "failure to yield an intersection."

More importantly, they said that I was 43 and l hailed from Cohoes, NY. I was 42, and I am most definitely not from Cohoes.

At least I totaled the roof of his car!

D-

[BumbleBeeDave]

Considering what happened, I'm just happy you are still alive! Nice to see you on the Forum again! How's your recovery going?

BBD

[djg21]

Considering what happened, I'm just happy you are still alive! Nice to see you on the Forum again! How's your recovery going?

BBD

Recovery is going quite slowly. I have managed to ride a trainer for 15-20 minutes in an easy gear and at a low RPM. However, I tire quite easily and end up sleeping most of the day. I suppose that it could be a hell of a lot worse!