Update: Michigan And Jersey City

Today's post is a follow-up to two recent posts.

The cyclists who were killed in a Michigan charity ride, and the driver who ran them down, have been identified.  

On Saturday, Michael Salhaney of Bloomfield Hills, a Detroit suburb, posted a Facebook Live video telling his viewers that he faced a "tough day in the saddle":  112 miles through the middle of the state. Ann Arbor resident Edward Erickson was participating in the annual Make-A-Wish ride for the ninth time and, according to his participant website page, exceeded his fundraising goal of $3500.  He was riding on the team Salhaney captained.

From Edward Erickson's participant webpage.

"I hope we are able to ride together in 2022!" Erickson wrote.  He added that he was committed to raising money for Make-A-Wish Michigan to grant the wishes of children with critical illnesses.  "A wish replaces fear with confidence, sadness with joy and anxiety with hope.  And hope is essential for these courageous children, more than ever," he added.

Salhaney was a partner at a litigation law firm and a former prosecuting attorney at the Oakland County Prosecutor's Office.  It looks like his counterparts in Ionia County, where the ride ended for him and Erickson ended, are doing their job, so far:  Local resident Mandy Marie Benn has been arraigned and charged with two counts of operating while intoxicated causing death, operating a vehicle under the influence of a controlled substance, and a second notice of operating a vehicle while intoxicated.  She is being held on a $1 million bond in Ionia County jail.

I hope that Jersey City Council Member Amy De Gise is similarly held to account.  Two weeks ago, around 8 o'clock in the morning, she struck cyclist Andrew Black.  Although he caromed off the hood of her Nissan Rouge and his bike was trashed, he wasn't seriously hurt.  Still, De Gise continued on her way as if a pigeon ricocheted off her roof.  

A petition with around 5000 signatures calls for her resignation, which she resolutely refuses to do.  So far, she hasn't even acknowledged the hit-and-run incident.  It seems that she's been shielded, directly or indirectly, by her father:  Tom De Gise, the powerful longtime Hudson County Executive. 

I think that she should not only resign, she should also apologize and pay for any expenses Black has incurred (whether through medical costs, lost wages or his bike) from her own purse, not through some government insurance plan or slush fund. 

In the Michigan charity ride tragedy, three other cyclists, all men from the eastern part of the state, were injured. One is in critical condition but expected to recover; the other two were treated at a local hospital and released.  

Motorist Who Mowed Down Cyclist Arrested

On this blog, I have often decried the lackadaisical or even hostile response from law enforcement officials when a cyclist is maimed or killed by a motorist who was speeding, driving while impaired or operating the vehicle in some other illegal manner.

I also try to bring attention to law enforcement officials who are diligent in pursuing those who endanger or destroy lives by hurtling down the road inside two tons of steel.  In Michigan's Macomb County, just outside of Detroit, such work by the constables has led to the arrest of a man who blew through an intersection at 70 MPH, mowed down a cyclist who happened to be crossing the road, and didn't stop or even slow down.

Randy Menendez  

Randy Menendez, a 60-year-old father,  was riding his bike home from a friend's house at 6:27 pm on 3 February.  He'd planned to watch the Super Bowl with his family, according to his sister Roseanne Menendez.  He was crossing Groesbeck Highway in Warren when a gray Dodge Charger with a temporary tag in the rear window, and tinted side windows, struck him.  

He didn't make it. His clothes and mangled bike were scattered across the road.  



Some time after the crash, the driver had the Charger towed to a house in Detroit, where police found it under a tarp.  

The car, it turned out, had been leased.  That no doubt helped police in finding the driver, a 24-year-old man whose name hasn't yet been released.  He faces a charge of leaving the scene of a fatal crash, a felony that carries a 15-year sentence.

Although I commend the police officers' work, I have to wonder whether other charges will be brought against him.  At the risk of seeming vengeful, I'd like to be sure that someone who took a cyclist's--and father's--life with such seeming disregard won't get out for "good behavior" after, say, five years.

Why Was He Targeted?

A 65-year-old immigrant is riding a bicycle in a lane through a gritty working-class neighborhood on the border between Queens and Brooklyn.  

He is pedaling home from his job as a dishwasher.

A group of ATVs and motorcycles approaches from behind.

The lead ATV strikes the cyclist.

The lead ATV flees the scene.

Four days later, the 65-year-old immigrant who was pedaling home from work is taken off life support.

"If they did it to my dad," lamented Angelica Xelo, "they're going to do it to someone else."

Little did she know that the assault--which  at least one news outlet called an "apparent collision"--was captured on about a dozen surveillance videos.  Or that some of them caught that same group of motorized thugs doing the same thing to another cyclist a few minutes later.  

That victim, whose name hasn't been released, wasn't seriously hurt.  But police believe that cyclist, like Eucario Xelo--a 65-year-old immigrant father and grandfather, was targeted.

I would like to know:  on what basis?  In Xelo's case, being an immigrant might be an obvious rationale.  But I have to wonder whether it's also a case of drivers using two tons of metal to express their resentment at people on two wheels "taking" "their" traffic lanes away from them, just as immigrants are "taking" "their" country.

Either way, I can't help but to think that ATV driver and that group feel emboldened by the current political situation.  How much difference is there, really, between white male entitlement and motor vehicle entitlement?

Either way, the result is the same:  a 65-year-old immigrant father and grandfather pedaling home from his job as a dishwasher in a restaurant ended up dead. 

 

That, in a neighborhood a little less than 10 kilometers from my apartment--and which I came to know well in my days of writing for a local newspaper.  

Perhaps that's the reason why, even though I never (to my knowledge, anyway) met Eucario Xelo, I feel as if I've lost someone I know.  Of course, it's much worse for Angelica:  She lost her father.  She is sad and angry: She has a right to both, and much more.

New Trial For Driver Who Mowed Down Five Cyclists

A year and a half ago, I reported one of the most horrific auto-on-bike crashes I've ever heard about.   Melissa Fevig-Hughes, Tony Nelson, Debbie Bradley, Larry Paulik and Suzanne Sippel, all experienced cyclists who'd ridden together for more than a decade, were run down by a blue Chevrolet pickup truck.  They died almost immediately; the crash seriously injured four fellow club members who were riding with them.

In the minutes before that tragedy, police were looking for that truck after three different callers said it was being driven erratically.  When he was apprehended, he was intoxicated and therefore charged with DUI.

Charles Pickett Jr would be charged with five counts of second-degree murder.  He appealed his conviction all the way to the Michigan Supreme Court, which last week said it wouldn't hear his argument that he shouldn't be tried for murder in the case.  

Now he is set to stand trial again in the Kalamazoo County Circuit Court.  A settlement conference is set for Friday, 13 April (!) and jury selection for the trial is to start on Monday the 23rd.

Nothing will bring those cyclists back.  But it's good to know that someone, at least, is taking the needless deaths of cyclists seriously.

    

When Carelessness And Distraction Collide

In my high school, one of the science teachers was also the soccer coach.   I heard that he used to give his students a "problem":  If a ball is rolling at 10 mph, a 140-pound player is running at it from one direction and a 180-pound player is running from another direction, what will be the trajectories of the players and the ball?

Then he would tell his students, "We can go down to the field and find out."  For the rest of class, they would watch the team (which included me) at practice.

Now here's another real-life physics problem, albeit without much humor:  A woman is driving a Buick at 62 MPH in a 45 MPH zone.  She picks up her cell phone.  

What will happen to the cyclist who just happens to be riding along the same road, in the same direction?

Jeffrey Gordon Pierce

Well, the answer to that one is grim, to say the least.  Jeffrey Gordon Pierce, a 53-year-old teacher at the Inman (South Carolina) Intermediate School was thrown off his bike after he was hit by said Buick, driven by Heather Renee Hall, an Inman resident.

Heather Renee Hall

Well, she was an Inman resident until yesterday.  Her new residence, for now, is the Spartanburg County Detention Center.  Jeffrey Gordon Pierce, meanwhile, is in the South Carolina earth:  He died at the scene of the crash.

And, yes, he wore a helmet.  Even that wasn't enough to prevent a horrible crash, let alone influence its outcome, when carelessness and distraction collided.  

They Weren't Planning To Have A Funeral For Him

When you raise a kid, you don't plan on having a funeral for him when he's 20.

I remember hearing that when I was about ten years old.   The person who uttered it was a relative of a classmate--who was the younger sister of the 20-year-old in question.

That relative was, of course, trying to deal with the grief he and his family were feeling just after a memorial mass.  Even though he, and others, knew the dangers the 20-year-old faced as a soldier in Vietnam, they were shocked to learn of his death.

I hadn't thought about that episode in a long, long time.  What brought it back for me today was a news story that came my way.  In it, Stephanie Groh Doersam says, "People don't plan to have to do a funeral for a 20-year-old."

She is a friend of Aaron Michael Laciny and his family.  Yes, Laciny is the 20-year-old to whom she is referring.  But what struck him down wasn't mortar fire.  Rather, it was automotive bumpers.  Yes, bumpers in the plural.

Around 10:30 Monday night, he was riding south on Charles Street, near the intersection with Charlesbrooke Road, in Balitmore.   There, a car struck him and drove away from the scene.  

Then a second vehicle struck him.  The driver of that one, at least, stopped and called the police.  But it was too late for Laciny:  He was taken to nearby Greater Baltimore Medical Center, where he died.

According to police, he was wearing a helmet but his bike didn't have lights or reflectors.  They are looking for the first vehicle that struck him, which "may have front-end damage to its bumper."  They are also reviewing private security video footage from the area.

Aaron Michael Laciny

Aaron Michael Laciny had just recently graduated from Baltimore City Community College and was interning at the Johns Hopkins Nano Energy Laboratory, where he was working to design and build new materials for inexpensive solar cells.  Questdrion Threat, a friend and classmate, said that Laciny--who friends jokingly referred to as "Bill Nye", in reference to the television science personality--wanted to "do research that would make the world a better place."

Neither Threat nor Groh Doersam--nor, for that matter, any of Laciny's other friends or family--expected to plan on having a funeral for him.  Or for any other 20-year-old doing nothing more perilous than riding a bike on a Baltimore street at night.

Finishing Their Ride

Today their friends will finish the ride.

One year ago today, Deborah Bradley, Melissa Ann Fevig-Hughes, Fred Anton ("Tony") Nelson, Lorenz John ("Larry") Paulik and Suzanne Joan Sippel--members of the "Chain Gang" bicycle club--went out for late-afternoon ride.  Fellow Chain Gang members Jennifer Lynn Johnson, Paul Douglas Gobble, Sheila Diane Jeske and Paul Lewis Runnels joined them.

All were experienced cyclists who'd been riding together for over a decade.  They were a familiar sight to locals, who described them as well-mannered, law-abiding and friendly.

Debbie Bradley

As they were pedaling near Kalamazoo, Michigan, police were looking for a blue Chevy pickup truck.  During the previous few minutes, three different people called in to say that it was being driven erratically.

In spite of their efforts, police officers didn't catch up with it until it plowed into the backs of the nine cyclists I've mentioned.  

Melissa Fevig-Hughes

While Paul Gobble is riding again, he still deals with the physical and psychological aftermath of that crash.  So do Johnson, Jeske and Runnels.

Tony Nelson

Unfortunately, Bradley, Fevig-Hughes, Nelson, Paulik and Sippel cannot join them.  They, riding behind Gobble, Johnson, Jeske and Runnels, bore the worst of that Chevy pickup and did not survive.

Larry Paulik

Today, the Chain Gang will hold two rides to commemorate their lost riding partners.  One, called "Finish The Ride", will follow the 28-mile route they took through back roads in western Michigan.  The other, twelve miles long, will take cyclists to and from the "Ghost Bike" memorial to the riders. 

Suzanne Sippel

The chain gang is requesting a donation of $20 from each rider. Funds will go to Kalamazoo Strong.  Also, a memorial mass will be held at St. Thomas More Catholic Parish before the rides and riders will meet for post-ride fellowship at Bell's Brewery.


Oh, about the driver of that Chevy pickup:  Charles Pickett Jr.'s trial had been scheduled for April but has been pushed back to September.  His lawyer plans to use an insanity defense.  The judge is deciding whether the prosecutor can use a previous DUI as evidence.  A Kalamazoo Township police officer at the scene said Pickett seemed "out of it" and "under the influence of something."  Later, his girlfriend said he'd downed "handfuls" of pain pills and muscle relaxants before getting behind the wheel.

Mickey Johnson: Father, Friend And Pillar Of His Community

I know that, lately, I've portrayed Florida as a "killing field" for cyclist.  Such a reputation is not undeserved; after all, it has, by far, the highest per-capita cyclist mortality rate of any US state.

Also, I am angry about the way authorities in the Sunshine State handled the case of Alan Snel, the author of Bicycle Stories.  In brief, a driver who may or may not have been impaired by his medications drove straight into Alan's back and got off scot-free.

Well, today I want to point out something local police in at least one community are doing right--and praise the way the local media are portraying the cyclist.

As I have said in a  previous post, few non-cyclists will care about the often-cavalier treatment we get when we are victimized by errant, careless or impaired motorists as long as we are seen as abstractions or monsters--cyclists or cyclists!--and are instead recognized as siblings, parents, grandparents, aunts, uncles, spouses, lovers or loved ones, friends, colleagues, co-workers and members of our communities, whatever those may be.

Thankfully, the Sarasota Herald-Tribune has portrayed Mickey Johnson in such a way--in a headline, no less:  "Victim in Bicycle Crash Was Family Man."  The article, written by Earle Kimel, mentioned Mr. Johnson's extended family and deep ties to his community, where he lived for nearly four decades, or half of his life.  He started two businesses, heading both of them until the day he died. He was also a member of Friends of the Legacy Trail, Volunteer of the Year with the Manasota Track Club and served on several boards of his church.  If all of that doesn't spell "pillar of the community," I don't know what does.  

Oh, and he was an Army veteran.  

Mickey Johnson

Now, of course, I didn't see the crash, but Kimel seems to have given a sober, unbiased account.  Although he doesn't directly place blame, he does show how driver Anthony Alexander and his passenger, Dillon Cooper, tried to impede the invstigation, which is being treated as a traffic homicide.  Both have been arrested and, so far, Alexander has been charged with driving with a suspended license and causing death. Both men have also been charged with perjury and obstructing a criminal investigation/giving false information to a police officer. (Cooper initially said he was the driver, which was contradicted by witness accounts.)  Further charges may be pending.

From what I've read, the only real fault I can find is the relatively low bond:  $3500 for Alexander and $2000 for Cooper.  Then again, I know nothing else about their circumstances, so those amounts may indeed be enough to deter the from taking flight.

Anyway, there is nothing that can, for his family and community, make up for Mickey Johnson's loss.  But, so far, the local authorities are doing a better job of investigating and prosecuting it than their counterparts in Florida have done in other recent cases of motorists running down cyclists.

Why We Need The Idaho Stop--And The Paris Accord

When I saw this image in my Google browser, I thought it had something to do with Donald Trump's intention to withdraw the United States from the Paris climate accord Obama, along with the leaders of 194 nations, signed two years ago.

The smoke is thick enough.  As I write, DT hasn't officially pulled away from the agreement, and some of his advisers--including Secretary of State Rex Tillerson--are going to make appeals in the hope of changing his mind.  I can almost picture him, or someone else, using that image as part of his "pitch".

Alas, it is the opening frame of a video shown on an Arizona television news program, and posted to the AZ Central website.  The story is terrible:  A commercial truck collided with a bicycle.  Now, that description is strange:  I normally think of a collision as occurring between two people or things that are more or less equal in their ability to withstand the crash.  That hardly brings to mind, at least for me, a truck hitting a bicycle.

According to the news report, two cyclists were involved, "but only one was struck by the vehicle, according to Gilbert police."

With reports like that, El Presidente has absolutely no reason to trouble himself with "fake news".  Too many stories one reads or hears in the "news" media are so incomplete, so lacking in facts or context, or simply so ineptly or deviously expressed, that the "fake news" seems reliable, or at least predictable, for no other reason that you can dismiss it outright.  Stories like the one I've just mentioned have to be filled in, teased out or in some other way worked through in order to make sense of them, let alone make an evaluation.

Oh--the woman hit by the truck was pronounced dead at the hospital and the other cyclist, also a woman, "required no medical attention."

OK, I  don't want to seem like I'm nitpicking, but I want to know how two cyclists were involved if one bicycle was struck.  

I will give the reporter(s) credit for this, though:  The report mentions that both cyclists  and the truck were traveling east on Ray Road in Gilbert, Arizona,  when the truck driver made a right turn onto Val Vista Drive.

I wouldn't be surprised if the cyclists stopped for a red light and proceeded when the signal turned green.  As I have mentioned in earlier posts, that is the easiest way to get struck by a motor vehicle, especially a truck or bus.  The "Idaho stop" is much safer:  When a cyclist proceeds against a red light through an intersection where there is no cross-traffic, he or she is much safer than he or she would be by following the signals, as the law requires in most places. 

 Going through an intersection when no cross-traffic is present allows the cyclist to get out ahead of traffic moving in the same direction--which makes it more likely that bus or truck driver behind you will see you.  

However the truck came to collide with the cyclist, the image at the beginning of this post is not good news--whether or not The Orange One quits the Paris climate accord.

Who And What We Need

When I was writing for a newspaper, a law enforcement official told me, off-record, that there are instances in which bodies are found but investigations aren't conducted. Or, said investigations are begun but lead nowhere quickly.   Then the bodies end up in a potter's field, donated for medical research, cremated--or simply, in the words of that official, "disappeared".  

The reason, he said, is the same as what probably caused those bodies to end up where they were found:   "Nobody knows them," he explained.  "And nobody will miss them."

I am thinking about that encounter, many years past, in light of writing about Alan Snel a few days ago.  Two months ago, as he was cycling down Old Dixie Highway in Florida when a motorist drove straight into his back.  Now he is moving back to Nevada, where he had lived and worked before arriving in the Sunshine State.   In his open letter to Governor Rick Scott, he wrote, "you and the political leaders just don't care enough to do anything to keep cyclists alive in your state."  

"Care" is, I now realize, the key word.  As articulate and energetic as Alan is, and as numerous as we (cyclists) may be, there is only so much we can accomplish if we don't have other people--whether or not they are cyclists--who care.  

My experiences as a transgender woman have taught me as much.  Lesbians, gay men, bisexuals, transgenders and others who don't fit into traditional notions about sexual and gender identity, by ourselves, are much more vulnerable to bigotry and violence when we are seen as the exceptions and the freaks--in other words, when other people cannot, or do not, see us as one of them.  And, people start to understand that we are as worthy of the same rights as they have when we are their sisters, brothers, parents, friends and colleagues.  

The same is true of cyclists, I believe.  Too often, we are seen as renegades or as members of some "over-privileged" group.  Or, people who don't ride think our lives are less valuable because we, for whatever reasons, aren't driving instead of pedaling.  On more than one occasion, I've heard people say, in essence, that the cyclist "had it coming" to him or her when he or she was struck or run down by a car or truck.

At such moments, we--cyclists--are an abstraction or bogeymen, and the word "cyclist" becomes an epithet.  That is because we are not seen as writers, teachers, engineers, carpenters or other professionals or tradespeople--or business people--who happen to ride bikes.  And we are also not thought of as someone's sibling or mother or father.

It's a lot easier to blame a victim you don't know anything about.  But when the person who's hit or run down is a loved one, finger-pointing and excuse-making just won't do.  Instead, you want answers.



Who?  How?  Why?  Those are the questions Jessica Martinez is asking, I imagine.  Police in San Antonio, Texas found her gravely injured father, Santiago Castillo, on the side of a street on the city's East Side.  Skid marks on the scene indicate that Castillo and his bicycle were dragged as much as 50 yards and a surveillance video from a nearby home show that two vehicles, including a dark SUV, struck him.

What makes this incident particularly egregious is that, according to the neighbor, one of the drivers stopped--to remove Castillo's bicycle from his car.  "So they had enough time to get [the bicycle] out of the bumper," said Linda Garcia, another relative of Castillo.  "But they didn't have enough time to wait there with him."  He lay on the street, at the intersection of Denver and Piedmont, until police arrived and he was rushed to the hospital.

Santiago Castillo, a 61-year-old father, died half an hour later.

I don't know whether Linda Garcia or Jessica Martinez ride, or have ever ridden, bicycles.  But someone they love has been killed by a hit-and-run driver.  He was a cyclist.  And they want answers.

Escape From The Sunshine State

People move from one state to another for all sorts of reasons.  Chief among them, I suppose, are jobs, family and schooling.  Then there are those who have a warrant out for them in the state they left (One of the great things about getting older is that the statute of limitations runs out!  You didn't hear that from me!) or are simply running away from any number of things.  I fit into that category when I left New Jersey:  Although my childhood wasn't Dickensian (It was more like Everybody Loves Raymond), a day came when I didn't want to be around my family or anybody or anything I knew.

Back then,  I said I'd "escaped" from New Jersey.  Other people, I'm sure, see their exits from one locale or another that way.  And that is how Alan Snel regards quitting Florida and going back to Nevada.

"Ghost Bike" dedicated to Johnny Jones in Jacksonville, Florida

As he reminds Governor Rick Scott in his open letter, posted on his blog Bicycle Stories, the Sunshine State leads the nation in cycling fatalities.  Given that it is the fourth most-populous state, it's not surprising that it also has the highest number of fatalities per million people.  What's most shocking, though is that no other state comes close, with almost twice as many deaths per million as second-place Louisiana and in absolute numbers, it edges out California, which has nearly double the population.

Two months ago, Alan Snel nearly became one of those statistics. He pointed that out in his letter to the Governor, in which he makes this judgment:  "You have showed no political leadership to try and reduce [the number of cycling fatalities] and you and the political leaders just don't care enough to do anything about keeping cyclists alive in your state."

Now I'll admit that my experiences of cycling in Florida are limited to a week or so I spend there every year.  And while there are great beaches and scenery, and it's nice to ride in shorts and T-shirts in December or January, I have even less of a sense that whoever makes decisions there knows or cares even less about cycling than in other places.  That is particularly troubling when you realize how many people ride.  

I always had the sense that, more than in anyplace else I've ridden, planners seem to think that throwing a bone to cyclists by painting a lane here or there is "policy".  And on Florida roads, you're more likely to encounter motorists driving way over the speed limit while under the influence of some substance or another--or are simply ignorant of, or hostile to, cyclists--than you are in, say, Portland--or even New York.

So...Although I usually enjoy the time I spend in Florida, I have no plans to move there.  And I understand why Alan Snel is moving out of it.

What Does It Take?

Not so long ago, I was actively writing another blog, Transwoman Times.  I have not given up on it, but I probably never will be as active on it as I once was--or as I am now on this blog.  

TT started off as a journal of the year leading up to my gender-reassignment surgery.  Then I wrote about, among other things, my life post-surgery.  But, as I had less and less to say about that, I found myself writing about any and all things related to gender identity and expression as well as sexual orientation.

That, I now realize, is one of the reasons I have not been writing on TT lately:  Too often, I found myself writing about people who were killed or suffered other forms of violence, not to mention discrimination and other kinds of bigotry, because of their actual or perceived gender identity or expression.  And, too often, I found myself recounting the indifference of law enforcement and other officials in the face of hate crimes--and of perpetrators who got off scot-free or slap-on-the-wrist punishments.

The latter is essentially what happened in the case of Alan Snel, the writer and cycling advocate who writes the Bicycle Stories blog.  The man who drove straight into his back didn't get so much as a ticket.  

Alan Snel in better times.

I guess the St. Lucie County authorities thought that because he was lying in a hospital bed, rather than six feet under, nothing serious had happened.  Now I'm starting to wonder whether the authorities in some places think that even turning cyclists into worm food isn't reason enough to bring charges against a motorist.

Back in June, I wrote about one of the more horrific instances of a motorist mowing down cyclists I've ever heard about.  Charles Pickett Jr. of Battle Creek, Michigan has been accused of plowing into a group of nine cyclists near Kalamazoo while intoxicated.  Of that group--who called themselves "The Chain Gang" and met for weekly rides--Debra Ann Bradley, Melissa Fevig-Hughes, Fred Anton ("Tony") Nelson, Lorenz John ("Larry:) Paulik and Suzanne Joan Sippel died.  

l to r:  Melissa Fevig-Hughes, Suzanne Sippel, Debra Bradley, "Tony" Nelson and "Larry " Paulik

Pickett was scheduled to go on trial later this month, with jury selection planned for the 24th and opening statements the following day.  Last month, however, his lawyer filed a notice to use the insanity defense.  That means Pickett has to undergo psychiatric evaluation for criminal responsibility, which means the trial had to be rescheduled.  Now jury selection is scheduled for the 18th of September and opening statements for the next day.  

That, after Pickett had been found competent to stand trial last August and ordered to stand trial in November.  Oh, and he has a previous DUI arrest--in 2011 in Tennessee--but the charges were dropped.

While I am all for due process, I still have to wonder what it takes for motorists who--whether through intoxication, carelessness or "road rage"--kill cyclists to be held accountable.

A Story I Didn't Want To Repeat

One of the things my students learn--if they don't already know it--is that the same stories repeat themselves, whether in literature, the other arts, journalism or "real life".

As for the latter:  Yes, another story repeated itself in life.  In fact, it's one I wrote about just yesterday in this blog.  Unfortunately, it's not the sort of account I, or anyone else, enjoys repeating.  But here goes:

Another motorist drove into the back of another cyclist in Florida--in more or less the same part of the Sunshine State, no less.  

Frank Atkisson in the Florida State Legislature, 2003

Yesterday, I told you about Alan Snel.  He survived the ordeal, although he still has a lot of recovery ahead of him.  Frank Atkisson, on the other hand was not as fortunate:  The force of 26-year-old Kristie Jean Knoebel's car ended his life shortly after he was struck while riding at around 7pm the other day.

Although Snel's experience garnered a lot of attention among cycling advocates and journalists--Alan is both--it didn't reverberate through the general population the way Atkisson's unfortunate encounter has.  At least, his tragedy has caused the general public--in Florida, anyway, to take notice.

You might say that it's because Atkisson, unfortunately, died.  But another reason is that he served in the Florida House of Representatives for eight years, and was also a city council member and the mayor of Kissimmee as well as a Commissioner in Osceola County.

I don't want to trivialize his death, or even to seem overly cynical, when I say that his visibility to the people of Florida--especially to his fellow politicians--might be the impetus to make conditions safer in what is the deadliest state for cyclists.

Maybe, just maybe. We can always hope.  But for now, we can only mourn him--and be thankful that Alan Snel is still with us.

What's A Cyclist Worth? In Florida, Not Even A Fine

I don't think of myself as a vengeful person.  At the same time, there are people I want to see punished, or at least castigated, for their misdeeds.

Moreover, I have come to realize that you can tell what a person's status is, or was, in his or her community or society by the sort of penalty meted out to someone who commits a crime against, or otherwise causes harm to, that person.

Now, I'm not going to say "Don't get me started about drivers who get off scot-free when they run down cyclists!" because, well, I am going to rant about that, whether or not anybody gets me started.

Specifically, I am going to rant and rave about one particular cyclist who was so victimized.  He has survived the ordeal, albeit with a fractured spine and deep bruises.  He hopes to get back on his bike sooner rather than later, but he still faces a long recovery from the injuries he incurred a month ago today.

A 65-year-old motorist named Dennis Brophy, of Fort Pierce, Florida, was in the process of inhaling a "breathing treatment" when he drove his 2016 Chevy Cruze straight into the back of a cyclist who, like him, was traveling south on Old Dixie Highway.  Brophy admitted he suffers from sleep apnea and said, according to the incident report, that he was "blinded by the light" and "never saw" the cyclist he struck.

That was at 8:03 am.   The cyclist would spend the next two days in the Lawnwood Medical Center's ICU.  Meantime, Brophy went home without even a citation for plowing into the cyclist, whom he could have just as easily killed.

Alan Snel, after a motorist struck him from behind

That cyclist is Alan Snel.  Perhaps you know him from reading his "Bicycle Stories" blog.  You may also know, or know of, him from his extensive cycling advocacy, or from his work as a journalist in Nevada and Florida.  It seems, though, that to Florida law enforcement officials, he was--as he says--"collateral damage", or simply someone who got in the way of a motorist who couldn't be bothered to swerve a couple of feet out of his way.

Alan's bicycle

Although I have had some very pleasant experiences of cycling in Florida, I also realized that it is a very auto-centric place.  From what I have seen, I would guess that the vast majority of cyclists are adults, many of--as we say--"a certain age".  Yet, too often, people entrusted to uphold the law and support public safety seem to see cyclists as people who won't grow up and drive and who therefore "bring it on themselves" when they are endangered or, worse, injured or killed by motorists.

Alan's helmet

I was not surprised to learn that more cyclists are killed by motorists, in proportion to the population, in Florida than in any other state.  Furthermore, in every year since 2010, Florida's rate has been around 50 percent higher than the second-deadliest state in each of those years: Louisiana.  And in most of those cases, like Snel's, the driver faced minor or no charges.

Alan, in better times

As Snel recovers, he still needs money to cover living and other expenses.  So, friends and other supporters have started a YouCaring fundraiser for him.

What Is A Cyclist's Life Worth? $700 (CDN)? Six Months' Probation?

Yesterday, there appeared in The Globe And Mail an excellent editorial by Toronto-based writer Naomi Buck.  She started with what sounded (to most of her neighbors to the south, anyway) like good news:  a woman who drove a van that struck a pedestrian who was standing on a Toronto sidewalk was convicted of "careless driving".  For that, she got a fine of $1000 and six months' probation.

Had the driver done such a thing here in the States, it's unlikely that she would have been burdened with such a hefty fine or lengthy sentence.  To her credit, she took it upon herself to appear in court:  something that, under Ontario law, is not required of someone so charged.  In most such cases, according to Ms. Buck, the defendant chooses not to appear, leaving the victims' loved ones to read their heartbreaking words to a legal agent rather than the one who took their friend's, sibling's, spouse's, parent's or child's life.   

Had the driver--one Elizabeth Taylor--had her charge upgraded to "dangerous driving", she could have received a ten-year prison sentence if the incident causes bodily harm, and 14 years if it results in death.  However, Patrick Brown, a lawyer who has handled hundreds of cases in which pedestrians or cyclists were killed or critically injured, it's very difficult, at least in an Ontario court, to make a case for "dangerous" driving unless it was a hit-and-run incident or alcohol was involved.

From the San Francisco Municipal Transportation Agency archives.

Still, Ms. Taylor incurred more severe penalties than most drivers who run down cyclists or pedestrians, according to Mr. Brown.  "I actually think most pedestrian cases get dropped entirely," he said.  Three recent cases he litigated involving cyclist fatalities resulted in the drivers being charged with "careless driving" or lesser offenses, and in being fined $700, $600 and $85(!) respectively.

Even those penalties, however, are more than most drivers in the US can expect if they run down cyclists or pedestrians.  Still, the families and friends of cyclists and pedestrians killed by motorists in Toronto have to bear the same burdens as their peers in Montreal, Vancouver, Boston, New York, San Francisco, London, Paris and any number of other cities in this world one can name. 

Their feelings were aptly expressed by the 8-year-old son of Erica Stark, the pedestrian killed by the van Elizabeth Taylor drove.  "I'm mad at the driver," he wrote in a victim impact statement, which his father read in court.

"In a few years, he'll probably be mad at the justice system," Naomi Buck speculates.  "Who could blame him?"