[pct-l] Manslaughter Charge for Bicyclist

[Timothy Nye]

The following was published in the Wall Street Journal on Friday, March 8, 2013

Manslaughter Charge for Bicyclist

San Francisco- A bicyclist who allegedly struck and killed a pedestrian last year will be tried on vehicular manslaughter charges a judge ruled Thursday in a case that highlights growing tensions on streets around the country over bicycle ridership.

Superior Court Judge Andrew Y. S. Chang denied a request by an attorney for the bicyclist, 36-year-old Chris Bucchere, to reduce the charge in the March 29, 2012, collision to a misdemeanor. Sutchi Hui, 71, who was hit in a cross walk, died of his injuries.

Vehicular manslaughter in California carries a maximum penalty of six years in prison. Mr. Bucchiere's lawyer didn't immediately return calls for comment.

"I hope this case serves as a reminder to all that there are life altering consequences to not following the rules of the road," said San Francisco District Attorney George Gascon in a statement.

A spokesman for the district attorney said his office hasn't been able to find another case of vehicular manslaughter involving a bicycle nationally in recent years. San Francisco's increasing road congestion has aggravated tensions between bicycles, motorists and pedestrians"

As a side note, I'd like to add that when the Forest Service issued there recent letter supporting the continued ban on MTB'S on the trail I posted a comment on the  MTB Facebook site commenting that the letter, in my opinion, had been carefully researched and drafted so as to be virtually bullet proof from an appellate stand point, as well as removing any potential sense of grievance, or  "fairness" as to our two wheeled brethren. ( Ted Stoll must have agreed; he posted a despairing couple of posts bemoaning the impact on his apparent true goal of legitimizing MTBs in national parks. Later that day my Facebook account was hacked and then my e-mail. Part of my Facebook account was deleted and a spam blast sent out from my e- mail. The circumstances suggest where the blame lies.

This development in a home jurisdiction of the trail will hopefully serve to put the issue to rest legally; although, I don't expect the bike community to pay any heed. Even if a sentence is meted out under the current "catch and release" regimen there is little likelihood of any time actually being served. However, it does set up an iron clad civil suit so that this guy can be forced into virtual poverty the rest of his life by this unfortunate victim's survivors.

Gourmet
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