Finance bailout II: cyclist hit and run

[konstantkarma]

Confirmed hit and run, severe injuries. No felony charges. Why? Hopefully, Dr. Milo will pursue substantial civil litigation.

Colorado Hit and Run (http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062)

Alleged hit-and-run driver may not face felony
Victim, attorneys furious with misdemeanor deal
Randy Wyrick
rwyrick@vaildaily.com
Vail, CO Colorado,
EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.

Martin Joel Erzinger, 52, faces two misdemeanor traffic charges stemming from a July 3 incident when he allegedly hit bicyclist Dr. Steven Milo from behind then sped away, according to court documents.

Milo and his attorney, Harold Haddon, are livid about the prosecution's decision to drop the felony charge. They filed their objection Wednesday afternoon, the day after prosecutors notified Haddon's office by fax of their decision.

Haddon and Milo say this is a victim's rights case, that Erzinger's alleged actions constituted a felony, and that one day is not enough notice.

“The proposed disposition is not appropriate given the shocking nature of of the defendant's conduct and the debilitating injuries which Dr. Milo has suffered,” Haddon wrote.

As for the one-day notice, Haddon wrote, “One business day is not sufficient notice to allow him to meaningfully participate in this criminal action.”

Milo, 34, is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.

Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.

“He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”

Money manager
Erzinger, an Arrowhead homeowner, is a director in private wealth management at Morgan Stanley Smith Barney in Denver. His biography on Worth.com states that Erzinger is “dedicated to ultra high net worth individuals, their families and foundations.”

Erzinger manages more than $1 billion in assets. He would have to publicly disclose any felony charge within 30 days, according to North American Securities Dealers regulations.

Milo wrote in a letter to District Attorney Mark Hurlbert that the case “has always been about responsibility, not money.”

“Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”

Hurlbert said Thursday that, in part, this case is about the money.

“The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”

Hurlbert said Erzinger is willing to take responsibility and pay restitution.

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,” Hurlbert said. “When you're talking about restitution, you don't want to take away his ability to pay.”

“We have talked with Mr. Haddon and we had their objections, but ultimately it's our call,” Hurlbert said.

Dropping the felony charge is not a revelation, Hurlbert said.

“We had been talking with them about this misdemeanor disposition for a while now,” Hurlbert said. “The misdemeanor charges really are what he did.”

Haddon and Hurlbert have squared off before. Haddon was one of Kobe Bryant's defense attorneys, with lead attorney Pamela Mackey, when Bryant faced sexual assault charges in Eagle County. Hurlbert was the lead prosecutor in that case.

Bicyclist hit from behind
Milo was bicycling eastbound on Highway 6 just east of Miller Ranch Road, when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving. Erzinger fled the scene and was arrested later, police say.

Erzinger allegedly veered onto the side of the road and hit Milo from behind. Milo was thrown to the pavement, while Erzinger struck a culvert and kept driving, according to court documents.

Erzinger drove all the way through Avon, the town's roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records.

Erzinger told police he was unaware he had hit Milo, court documents say.

When Avon police arrived he was putting a broken side mirror and a bumper in his trunk, court record say.

Meanwhile another motorist, Steven Lay of Eagle, stopped to help Milo and called 911.

Court records say prosecutors expressed skepticism to Milo at a suggestion by Erzinger's defense attorneys that Erzinger might have unknowingly suffered from sleep apnea, and that might have made him caused him to fall asleep at the wheel and hit Milo.

The original complaint included a felony count against Erzinger for causing serious bodily injury. Deputy DA Mark Brostrom is prosecuting the case and Milo says in court documents that Brostrom called Erzinger's July 3 actions “egregious.” Prosecutors pleaded the case down to a misdemeanor later in the summer, then in August told Milo and his attorneys that Erzinger would face a felony charge, Haddon wrote.

But on Sept. 7, Brostrom told County Court Judge Katharine Sullivan that the case would be pleaded as a misdemeanor. That's the first time Milo or his attorneys had heard of it, Haddon wrote, and they protested “in the strongest possible terms,” Haddon wrote.

[Pegoready]

:crap:

[firerescuefin]

I am speechless. I had a close encounter with a large dually pickup a couple of weeks ago on a road that I ride on a lot. I felt like Cougar in Top Gun on the way home. Stories like this don't make me want to get back out there. The truth be known, this Jackass was texting or otherwise disposed when driving. You have to wonder if some of his clients are the high net worth folks (his clients) that are exerting pressure on local officials and authorities.

[54ny77]

mediainquiries@morganstanley.com

alternatively:

fistname.lastname@morganstanley.com

James P. Gorman / President and Chief Executive Officer
Frank Barron / Chief Legal Officer
Walid Chammah / Chairman and CEO, Morgan Stanley International
Kenneth M. deRegt / Chief Risk Officer
Greg Fleming / President of Investment Management and Global Research
Charles Johnston / President, Morgan Stanley Smith Barney
Colm Kelleher / Co-President, Institutional Securities
Gary G. Lynch / Vice Chairman
Thomas Nides / Chief Operating Officer
Ruth Porat / Chief Financial Officer and Executive Vice President
Jim Rosenthal / Chief Operating Officer, Morgan Stanley Smith Barney; and Head of Corporate Strategy, Morgan Stanley
Paul J. Taubman / Co-President, Institutional Securities

[joelh]

I read this story on another forum and was almost in disbelief. I am not an ACLU type but would like them to take an interest in this case. It seems to me the the cyclist civil rights have been violated by selective enforcement of the law.

I am not naive enough to think that this sort of thing doesn't happen often, but usually it is not quite so blatant.

[konstantkarma]

I don't know how much good this will do but some folks near Vail have an online petition asking that the felony charges not be dropped. Here is the link.....

Petition (http://www.change.org/petitions/view/da_mark_hurlbert_dont_drop_felony_charges_against_ hit-and-run_wealth_manager)

[Ahneida Ride]

Power corrupts.

absolute power corrupts absolutely ...

I can only imagine what is going on behind the scenes. :crap:

[RPS]

.

[Ahneida Ride]

I just signed the Petition.

Hit and run. How shameless.

[xjoex]

Horrible human being, I just don't understand why if you hit a cyclist for some reason it doesn't count?

-Joe

[54ny77]

http://dealbreaker.com/2010/11/does-wall-street-have-a-problem-with-felony-charges/

[stephane]

hit-and-runs always make me furious but this takes the cake. despicable

[maximus]

I just read about this on Bike Snob. What a mess...

Felony charges tend for F* things up for anyone who gets charged with one. That's the whole point.

[Ahneida Ride]

Felony charges tend for F* things up for anyone who gets charged with one.
That's the whole point.

If a professional ditch digger gets pulled over and charged with DWI, they don't bring him to court and say, "oh, if we take away his license and his employer finds out, he won't be able to dig ditches anymore."


Can I get an Amen ?

Subways no way, for a good man to go down,
Rich man can ride, and the hobo he can drown.

[norcalbiker]

here in the bay area if you run over something, you have better that it's a cyclist. because if it's cat or dog or any other pets, then you are in big trouble. :D

[Cantdog]

It's worth noting that it's the same DA that decided to press felony charges against the two women who swapped registration at last years Leadville 100.

****ty DA.

[BengeBoy]

This story got a *huge* page one headline in the Huffington Post this morning, giant letters: "Hit and Run." It's no longer their lead story, but still has a link on their home page. More than 4,000 comments so far:

http://www.huffingtonpost.com/2010/11/08/martin-erzinger-morgan-stanley-hit-and-run-_n_780294.html

[rpm]

The victim is a liver transplant surgeon. I have 16 reasons why I hold those guys in high esteem. The creep who hit him is scum.

[firerescuefin]

This guy (the driver) is worth a lot of money and most likely has a large personal umbrella on top of his personal assets and the liability portion of what he carries on his car. The more I read about this, the less sense it makes. I find as I have gotten older, I grow exponentially more cynical. I hope this haunts this DA FOREVER.


He hit a guy with his car and left him for dead.

[Peter P.]

A civil suit will have NO impact on the financier.

What justice needs is IMPACT.

Reinstate the felony charges.

[William]

Effin unreal!!! :butt:

He cared so much for the human being that he hit that he left him for dead on the hi-way. He cared so much for his Mercedes that he stopped to call Mercedes Auto assistance to get help for his Benz. I guess in his world, a "peasant" hurt his car. :butt:

Throw the Effin book at him!!!




William

[vpierce1]

What kind of world do we live in anymore? :help:

[Steve in SLO]

What kind of world do we live in anymore? :help:
Not a bad one. Just depends where you look:
http://forums.thepaceline.net/showthread.php?t=80924

[vpierce1]

Not a bad one. Just depends where you look:
http://forums.thepaceline.net/showthread.php?t=80924
I saw that the other day. I agree it is too easy to get caught up in only the negative stories that make the headlines, however this story is quite unsettling.

[maxdog]

liquidated my trading account with morgan stanley. told my rep to give me a call when this guy was no longer an employee. didn't want to support a company that employs terrorists. i don't know about you, but when i'm out on the road, guys like this are just that. i like to speak to my intended party in a language they understand. i'm pretty sure for ms, that's money.

on another note, the snow is coming down hard, couple of inches accumulation already. time to dig out the skis.

[54ny77]

good for you. you speak the only language that they'll listen to.

that scumbag driver permanently injured a guy who just as well could have been called upon to operate on me one day here in nyc. now, it's unlikely he will ever be able to do so for me, or anyone else.

liquidated my trading account with morgan stanley. told my rep to give me a call when this guy was no longer an employee. didn't want to support a company that employs terrorists. i don't know about you, but when i'm out on the road, guys like this are just that. i like to speak to my intended party in a language they understand. i'm pretty sure for ms, that's money.

on another note, the snow is coming down hard, couple of inches accumulation already. time to dig out the skis.

[soulspinner]

Can I get an Amen ?

Subways no way, for a good man to go down,
Rich man can ride, and the hobo he can drown.

amen :bike:

[BillG]

The Huffington Post added the following:

"UPDATE:
District Attorney Mark Hurlbert told HuffPost on Monday afternoon that news reports about the prosecution have been inaccurate. "We charged him with a felony, first of all," he said.

What's happening is that prosecutors offered Erzinger a plea bargain for restitution and two misdemeanors potentially carrying two years of jail time. What the victim wants, Hurlbert said, is for Erzinger to plead guilty to the felony of leaving the scene of accident, causing serious bodily injury. Under that deal, judgment would be deferred and the felony would be cleared from his record after a few years of good behavior. The misdemeanors, though, would stay on Erzinger's record permanently.

"This is the right plea bargain given the facts of the case, the defendant's prior criminal history and his willingness to take responsibility," Hurlbert said. "We feel this is far more punitive than the felony deferred."

Hurlbert did not offer details on the restitution, except to say it would be "significant."

"As far as employment, in any case where there is significant restitution we certainly take that into account....but it is not the overriding concern. In this case it was not the overriding concern," Hurlbert said. He added that he'd received mixed signals about how a felony or misdemeanor rap would affect Erzinger's ability to do his job."

[firerescuefin]

liquidated my trading account with morgan stanley. told my rep to give me a call when this guy was no longer an employee. didn't want to support a company that employs terrorists. i don't know about you, but when i'm out on the road, guys like this are just that. i like to speak to my intended party in a language they understand. i'm pretty sure for ms, that's money.

on another note, the snow is coming down hard, couple of inches accumulation already. time to dig out the skis.



If there was a Keg and a Salute icon, they would be placed here. :beer:

[Dekonick]

liquidated my trading account with morgan stanley. told my rep to give me a call when this guy was no longer an employee. didn't want to support a company that employs terrorists. i don't know about you, but when i'm out on the road, guys like this are just that. i like to speak to my intended party in a language they understand. i'm pretty sure for ms, that's money.

on another note, the snow is coming down hard, couple of inches accumulation already. time to dig out the skis.

Three cheers for Maxdog! :banana:

[rice rocket]

This needs to go to 4chan. Serve up some anonymous street justice.

[nm87710]

liquidated my trading account with morgan stanley. Told my rep to give me a call when this guy was no longer an employee. Didn't want to support a company that employs terrorists. I don't know about you, but when i'm out on the road, guys like this are just that. I like to speak to my intended party in a language they understand. I'm pretty sure for ms, that's money.

+1

[BumbleBeeDave]

. . . and had it with MS to be able to do the same thing. I don't think simple e-mails or letters to either MS or the dastardly DA will do one whit of good . . .

BBD

[Lifecycle]

Our prayers go out to Dr. Milo -

[54ny77]

just told a bberg buddy about it, they'll see if they can carry the story also.

let's get the word out!

[pbjbike]

Three cheers for Maxdog! :banana:

Well done, Sir!

:banana: :banana: :banana:

[Jack Brunk]

Is the DA appointed or voted in to the office?

Why can't the local bike groups raise some cash and pay for a full page ad in the local paper to help raise investor awareness?

[slowandsteady]

A civil suit will have NO impact on the financier.

What justice needs is IMPACT.

Reinstate the felony charges.

+100

[drewski]

Encouraging move out of morgan stanley is a brilliant tactic.
Does anybody think a call to Vail Convention and visitors bureau
and organizing some kind of boycott of Vail skiing facilities
is a good idea? After all there are plenty of places to ski
in Co.

[drewski]

EAGLE COUNTY — District Attorney Mark Hurlbert is taking some heat for his decision to charge hit-and-run suspect Martin Erzinger with two misdemeanors rather than a felony.

Hurlbert has received over 1,000 e-mails since news broke last week that he offered the plea bargain to Erzinger for hitting bicyclist Dr. Steven Milo in Edwards.



There's also an online petition with more than 6,000 signatures being circulated to tell Hurlbert to keep the felony charge against Erzinger, and the case is receiving national media attention from shows like CBS's “Inside Edition.”

Milo and his attorney, Harold Haddon, had asked that Erzinger plead to a felony with a deferred judgment, Hurlbert said.

With that, Erzinger would plead guilty to a felony, and as long as he met the conditions it would drop off his record in two to four years.

“They felt this was the best way for Mr. Erzinger to acknowledge the crime,” Hurlbert said.

Hurlbert disagrees, pointing out that Erzinger was not found to be using alcohol or drugs at the time of the accident, and that he has no criminal record.

The two misdemeanor counts each carry up to a year in county jail, and he loses his drivers license for up to a year, Hurlbert said.

“At this point, the two misdemeanors are the best plea bargain given his lack of (criminal) history,” Hurlbert said.

A felony count — leaving the scene of an accident causing serious bodily injury — was on the table earlier, but it's not part of the plea agreement, Hurlbert said.

“We cannot renege on a plea agreement once it's offered,” Hurlbert said. “The only one who can reject it is the judge.”

Erzinger has also told prosecutors he's willing to pay a “significant amount of restitution,” Hurlbert said.

Milo retained Haddon, arguably one of the most influential attorneys in the western United States. Pamela Mackey and Haddon successfully represented Kobe Bryant when the NBA star was fighting sexual assault charges in Eagle County.

“You see victims retain attorneys more and more,” Hurlbert said. “Some could be contemplating possible civil action. Others are working to protect the victim's rights.”

[Pegoready]

http://www.vaildaily.com/article/20101109/EDITS/101109849/1021&ParentProfile=1065

Here is an interesting article written by Hurlbert about why he made the decision he did. It helped me understand his POV at least. It doesn't take away from the egregious nature of the scenario though.

[TMB]

While I appreciate the desire to vent righteous indignation, the greatest harm that can be done here is to make Morgan Stanley feel the anger. If they feel it enough, Mr. Erzinger will be shown the door.

Emails ( naming convention at MS is listed previously), constant, frequent and many will go a long way.

It will cause a headache to their IT dept and ultimately HR and management.

Copy your emails to the press, local and national. Copy your emails to the Visitor's Bureau. Make people understand that there will be a price to pay.

For Morgan Stanley and for the City of Vail.


Like MaxDog, I have already had a conversation with Morgan Stanley and given instructions for my accounts to be transferred to another institution.

It's the only thing you can do.

[McQueen]

The restitution is something that I would also find a pretty meaningless point in this case. Dr Milo, the victim, is likely covered by various medical and disability insurance policies. It's not uncommon for a physician to have disability policies covering up to 70% of their income and potentially up to 20k per month. If there is a payment of restitution it is possible that this money will end up with the Disability, or Medical Insurance company as subrogation. (If you win a lawsuit for your medical bills and they were covered by insurance, the insurance company would be a party to the settlement, the same goes for lost wages)

Therefore, I believe that Dr. Milo is earnest when he says he's not concerned with the restitution. He's likely going to be financially ok, and the guy merely wants some form of justice/punishment for leaving the scene hit and run.

Of course, this joker of a DA is also the one who tried to prosecute Kobe Bryant, and as has been mentioned pursued felony charges against the women Mtn Bike racers who exchanged registrations, when one was injured and unable to attend.

I commend the individuals who pulled their accounts from Morgan Stanley, absent a fair judicial system, its really the best way to hurt them. If he has a Billion under management, hopefully there are some large non-profits, or other organizations who wont want to support him as well, and can move their accounts.

[konstantkarma]

From the last article posted above "Hurlbert disagrees, pointing out that Erzinger was not found to be using alcohol or drugs at the time of the accident, and that he has no criminal record."

I think that this sentiment on the part of DAs, and to some degree law enforcement is the biggest problem here, and with consideration of all forms of careless driving that causes injury. Generally, the assumption on the part of the DAs is that if the driver is not impaired by some psychoactive substance, and even if they are with a prescription, then a catastrophic encounter with another human is considered an "accident". Bang....Responsibility absolved or minimized. THAT's THE PROBLEM!! :crap:

The only thing left to do at that point is to turn to the civil courts. I do not care if Dr. Milo "needs" the money. The only form of justice left is to make the offender pay $ until it hurts bad.

Sorry. Rant Over!

[Dekonick]

I am trying to figure out how I can have an impact. Email helps - sure. Calls to Vail may also help...

But what I want to know is how the DA is picked in Vail - can I contribute to an opponent? Obviously this DA does not have the interest of outdoor sporting folks at heart. And on a side note - how does being under the influence change leaving the scene of an accident? If the perp is SOBER then it makes the crime of leaving someone injured or dead even WORSE!

:mad:

[cody.wms]

McQueen thanks for sharing. I was wondering what the situation was with restitution - the DA's position only made sense to me if the defendant didn't have anything (just cause he makes a bundle doesn't mean he isn't spending it all) and the cyclist wasn't covered by insurance.

I don't know what to make of this DA. Seems to be making a pile of bad decisions while in office.

[McQueen]

Another thought is that this dude might be getting a real break by limiting this to misdemeanor counts..

I'm not a property and casualty insurance expert, but many insurance policies, perhaps umbrella liability policies, auto liability, etc., may have exclusions (I'm not totally certain here) for accidents/claims that occurred as the result of the person taking part in a felony. In other words, he may end up with some significant financial backstopping by his auto/and umbrella personal liability policies, with misdemeanor charges, where with felony charges, it might leave his entire wealth at risk as his insurance carriers may not be on the hook.

Which in many cases is perfectly ok (especially if the perp has no money to sue for), however, it may not be great as a deterrent/punishment for this guy - and as a result the cost of his claim is spread out over all the insurance carriers customers in terms of higher premiums.

Again, P&C insurance is not my specialty, but there are definitely some unanswered questions as to why this DA is not throwing the book at this guy.

[BumbleBeeDave]

. . . from Charles Pelkey at VN . . .

http://velonews.competitor.com/2010/11/news/the-explainer-is-having-a-mercedes-an-affirmative-defense_149196#disqus_thread

BBD

[nm87710]

Good Luck to all

[torquer]

Someone mentioned getting the driver's cell-phone (Blackberry) records; even if drivers' cell-phone use is legal in CO., if he was engaged in a MS-related call (or just "on the clock" re his employment) Morgan Stanley could be part of the civil litigation sure to follow. After all, they've got the deepest pockets of anyone out there. And with this hanging over them, I'm sure their legal department is monitoring their every move regarding this case.

[54ny77]

felony conviction will make for a lovely day in having nasd licenses yanked, prohibited from securities industry and getting fired, lose ability to manage $ for awhile--even if short term (couple years).

i hope that happens.

$ is the only thing that talks.

$1B under mgmt. generates a lot of direct & ancillary fees, that's for sure.

can only imagine the strategies being uncorked to save that book of biz.... :rolleyes:

[Ozz]

...Reading between the lines...MS would like to obviosuly retain his $1B of clients yet drop him. Easier said than done since the business is built on personal realtionships.
It would be nice is most of his clients would see this situation and request a new manager cuz this guy is such a putz.

[johnnymossville]

"He called Mercedes roadside assistance and asked for his damaged car to be towed."

Either he cared more for his car than the cyclist, or he cared more about covering up his crime than the cyclist. Either way, he's a piece of **** and should be in prison.

[54ny77]

send him some love.

martin.j.erzinger@morganstanleypwm.com

[climbgdh]

I'm absolutely speechless by this!! The MS guy is a complete and utter douche bag and poor excuse for a human being. If I had an account with MS I'll pull it instanteously. Eff'me this is sad :(

[BumbleBeeDave]

. . . posted on VN.com.

BBD

http://velonews.competitor.com/2010/12/news/the-explainer-the-vail-victim-gets-his-day-in-court_152315

[konstantkarma]

Apparently, a new Mercedes is filled with anesthetic gases...Who knew?

Vail Hit and Run (http://www.vaildaily.com/article/20101213/NEWS/101219942/1001&parentprofile=1062)

EAGLE, Colorado — “New-car smell” might have contributed to the driver losing consciousness in a hit-and-run accident.

Martin Erzinger was driving a new 2010 Mercedes sedan when he rear-ended bicyclist Dr. Steven Milo, about 1:30 p.m. July 3.

Erzinger's attorneys say their client suffers from sleep apnea and fell asleep at the wheel before driving off U.S. Highway 6 and onto the shoulder near Miller Ranch Road, hitting Milo from behind.

An accident reconstructionist says new-car smell may have contributed to the accident.

John Koziol of Koziol Forensic investigated the accident, according to court documents.

Erzinger had purchased the car about a month before the accident. Koziol found in his investigation he found that it was emitting new car fumes, court documents said. It might have been a contributing factor, documents said.

“Harmful and noxious gases emitted from the upholstery can infiltrate the driver's compartment and potentially alter the driver,” Koziol wrote.

While the new car fumes could have been a contributing factor, “there's no scientific basis for that,” Tegtmeier said.

“Once we found out that he suffers from sleep apnea, we were confident that was the cause,” Tegtmeier said.

In his report Koriol writes how the Mercedes performs, how it's constructed and how Erzinger came to be driving through the ditch alongside Highway 6.

Erzinger suffered a temporary loss of consciousness or simply fell asleep, Koziol wrote.

In reconstructing the scene, Koziol found that Erzinger drifted onto the shoulder, off the edge of the road and into the ditch — the same finding as police reports.

“There was no variation from that path,” Tegtmeier said. “There was no evidence of braking and the driver was unaware he had struck anyone.”

Koziol concluded that:

• Erzinger was driving between 28-32 mph as the car drifted off the roadway.

• It's difficult, if not impossible, to observe anyone behind from that position and angle.

Calls to Mercedes Benz USA in New Jersey about their new car smell were not returned by deadline.

The case erupted in the public eye when District Attorney Mark Hurlbert said he had offered Erzinger a deal to plead guilty to two misdemeanors, and offered to drop a more serious felony charge — leaving the scene of an accident causing serious bodily injury.

Erzinger was originally booked on two misdemeanors and a felony.

In a Sept. 7 Eagle County Court appearance, Assistant District Attorney Mark Brostrom announced the deal to drop the felony charge. After protests by Milo's attorneys, the felony charge was refiled in October and the case was bound over to District Court.

In a Nov. 8 letter to the Vail Daily, Hurlbert said he had made the plea offer months before.

After Erzinger collided with Milo's bicycle, he drove another 265 feet through the ditch along the highway, when he hit a concrete culvert and woke up.

“In fairness to Erzinger, if anyone has a bad night they can doze off during the day,” Haddon said. “But in discussing it with experts, it appears that if you doze off and wake up, especially in some high-stress situation like driving down a ditch and into a concrete culvert, it snaps you wide awake. After he hit Dr. Milo he woke up and navigated his vehicle.”

Defense experts say sleepy people don't know they're sleepy, and that's why Erzinger is more likely than some to fall asleep at the wheel, Tegtmeier says.

“I have never heard of it as a defense,” Haddon said. “It is a real medical problem, and I know some people who have it.”

Milo suffered serious injuries in the accident, but the affair has made life difficult for Erzinger as well, Tegtmeier said last week after Haddon filed a request for District Judge Fred Gannett to reject the plea deal.

“He has been deluged with very threatening, awful, vitriolic e-mails and phone calls,” Tegtmeier said.

Milo, 33, is a professor and liver transplant anesthesiologist at a New York hospital. He is married with two small children. His wife was seven months pregnant with their second child at the time of the accident.

Milo's spinal fluid leaks, causing debilitating headaches, Haddon said.

“Dr. Milo grew a beard to cover some of the facial scars. The effects of the spinal injuries will probably never go away,” Haddon said. “He will always have pain. He will have to have surgery and he won't be able to do many of the athletic things he has been able to do, especially as he gets older.”

[Ozz]

My understanding is that modern new cars have a significantly reduced "new car smell" because the plastics and such used need to meet stricter emission standards....as with others here, and anyone else with common sense and not paid by the defense team, this theory smells more like bull$hit!!

[gdw]

Great defense. I sometimes have a similar reaction to the fumes from freshly opened bottles of bourbon.....

[dave thompson]

Great defense. I sometimes have a similar reaction to the fumes from freshly opened bottles of bourbon.....
Tequila does it for me. They won't let me sniff the corks at the liquor store anymore.

[sg8357]

I can only imagine what is going on behind the scenes. :crap:

email wikileak@nsa.gov to find out.

[ultraman6970]

Looks like being a cyclist in colorado means nothing right now.

This is really sad because from what i can even the old sucker do now even what to take responsibility or get an agreement, not articles mention agreements or something.

Some ^%%$#$% need to be take off, the DA really sucks and the old guy even more. This is just ridiculous, the justice system does not work at all.

:(

[CaptStash]

This is really sad because from what i can even the old sucker do now even what to take responsibility or get an agreement, not articles mention agreements or something.

Some ^%%$#$% need to be take off, the DA really sucks and the old guy even more. This is just ridiculous, the justice system does not work at all.

:(

Calm down Ultra, you're writing gibberish!

Of course this is total BS and about what you'd expect from a paid defense "expert." Seems to me that should this actually go to trial, Mercedes will happily contribute to the defense any number of experts in order to stay far away from any liability. If it were true wouldn't all car manufacturer's have to recall in case someone with sleep apnea bought a car? Maybe we need warning labels? Give me a break!

It would be interesting to know if our broker friend at MS has stopped driving due to his extreme sleep apnea and apparent allergy to new car smell. I sorta' doubt it, don't you? This guy is toast as long as we keep the pressure on.

CaptStash....

[gdw]

"Looks like being a cyclist in colorado means nothing right now."


Not even close. Vail isn't exactly your typical Colorado town.... you might have noticed that the two folks involved in the incident are quite well off. The DA, who I'm NOT defending, would have crucified the driver if he was some poor old redneck or working class Joe.

[drewski]

If we need sleep to remain focused and for critical thinking, and this turd at Morgan Stanley has apnea, why would any one in their right mind
want to do invest with him? After all doesn't investment banking require constant focus and ability to react to shifting market demands?


In a manner of speaking isin't he incriminating himself?
What a low-life.

[Mark McM]

Does anyone else find it ironic that Erzinger is trying a "fumes put me to sleep" defense when the person he hit (Dr. Milo) is an anaesthesiologist (a person who's profession is putting people to sleep with fumes)? Can Dr. Milo appear as the prosecution's expert witness to refute this defense?

[dcuper1]

Shoot me now! There is no justice in the world! :mad:

[54ny77]

this is utterly repulsive.

i've passed this along to as many high net worth folks i know who have accts. there.

[ultraman6970]

Capstash the problem here is that no matter if they go to court or not, the M o F o won't get even a traffic ticket or anything because for sure the judge is managed like a puppet, the guy has all the law in that area at his side, this will be maybe one of the most unfair trails ever, would be funny to see this in a special 15 minutes reports in the news, but this wont happen for sure.

What pissed me off the most is that the guy is well placed and apparently refuse to do a single thing to help the other guy, now mercedez can have some problems if they admit that was because of the smell in the car, this is more ridiculous than contador excuse, next time i rear end somebody i will say that my little kid farted and I passed out in less than a second, maybe this way i can avoid the whole problem.

This is a case for super obama!! hehehehe

Jezz...