A Cyclist's Death

We share the road with those who endanger others by irresponsibly operating dangerous vehicles. It is "the others" - those who are endangered by irresponsible driving - that demand our focus. While we mourn victims and sympathize and support victim families, our focus is not on the dead. While we hold no antipathy for the ones whose irresponsible driving results in death and injury, our focus is not on the drivers. Our focus is on the greater community. How, for the good of the greater community, do we communicate that we will no longer tolerate the irresponsible operation of vehicles capable of maiming and killing?

It has been suggested that drivers' licenses should be suspended. We agree. We also remember that in December 2006 a driver, driving with a suspended license, hit and killed a thirteen year old girl walking to school. The driver "did not see the child" and was fined and told to enroll for traffic school. Suspension alone is obviously an inadequate response. A much stronger response is needed.

It has also been suggested that new legislation on the state level is needed. Only after current law has been enforced and proven deficient, can we agree with that suggestion. The law is not being enforced, charges are not pressed and aggressively pursued.

Action
We have bicycled through downtown Louisville pulling an eight foot trailer supporting a faux coffin. We have visited the Office of the Commonwealth's Attorney delivering our request that felony charges be pressed. We have requested of Mayor Abramson and Chief White their support of a Pedestrian First Zone ordinance giving pedestrians undisputed right-of-way in neighborhoods and within three blocks of parks and schools. We will continue these actions.

Media accounts of previous actions can be found at: www.bikedepot.org (click Advocacy, click Media)

Kentucky Law
507.040 Manslaughter in the second degree (http://www.lrc.ky.gov/KRS/507-00/040.PDF)
(1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's:
(a) Operation of a motor vehicle;
(2) Manslaughter in the second degree is a Class C felony

507.050 Reckless homicide (http://www.lrc.ky.gov/KRS/507-00/050.PDF)
(1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person.
(2) Reckless homicide is a Class D felony.

KRS 501.020 Definition of mental states.
The following definitions apply in the Kentucky Penal Code:

(1)"Intentionally" -- A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.

(2)"Knowingly" -- A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

(3)"Wantonly" -- A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto.

(4)"Recklessly" -- A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Office of the Commonwealth's Attorney
"Crimes are investigated by the police. Once the initial investigation has been completed, the police department's report is filed with the prosecuting attorney. The prosecutor reviewing the file may send the case back to the police for further investigation. Ultimately, the reviewing prosecutor decides what charge(s), if any, will be issued and when the charges(s) should be issued. Felony charges which are initially brought in Jefferson District Court must be referred to the Jefferson County Grand Jury before the Commonwealth Attorney's Office has jurisdiction to review and prosecute." (http://www.louisvilleprosecutor.com/legal_system.htm & http://www.louisvilleprosecutor.com/faqs.htm)

Sentencing
Assuming conviction follows charges and trial, what sentence is appropriate? Imprisonment is costly and generally detrimental to all envolved. Why not sentence the convicted to traveling at or under the commuting speed of a cyclist? Ankle bracelets can relay to a computer the location (GPS) of the convicted. The computer can monitor the speed at which the convicted moves from point to point. If the convicted violates the terms, then harsher terms go into effect.

This concept may not work. Public service may work better. We must explore serious sentencing alternatives.

Chips Cronen
On July 3, 2007, Chips Cronen, an experienced, skilled cyclist wearing a helmet was struck and killed by a van on the Second Street Bridge. LMPD's known course of action is to impound the vehicle and continue the investigation. No charges have been filed. While the original Traffic Report contained serious flaws (below) we are encouraged by LMPD's continued aggressive investigation.

The Office of the Commonwealth's Attorney's is monitoring developments and awaiting the results of the ongoing investigation. Dave Stengel has been very helpful with the details of Kentucky law and has offered to meet with us. Assistant commonwealth's Attorney Harry Rothgerber was also been open and helpful.

On Sunday, August 12, a Memorial Bicycle Ride (organized by Metro, the Louisville Bicycle Club, local bike shops & SafeStreetsLouisville.org) resulted in over 2,000 riders crossing the Ohio River and returning to Kentucky by way of Second Street Bridge. The ride innaugurated the newly installed signage and "SHARROWS" painted on the surface of Second Street Bridge. SafeStreetsLouisville.org continues to petition Metro to sponsor an annual July 3rd Memorial Bike Ride across Second Street Bridge.

Police Traffic Collision Report
While the facts surrounding the death of George Cronen, Jr. will never be known, the Police Traffic Collision Report can shed some light on some of the facts.

Several questions arise from reading the Police Traffic Collision Report.

The Police Traffic Collision Report lists as Manner of Collision: "single vehicle". Why is this the case when this collision involved two vehicles, a bicycle and a motor vehicle?

The Police Traffic Collision Report lists as Estimated Travel Speed for the motor vehicle as: "between 30 & 35 MPH". How was this Estimated Travel Speed established?

The Police Traffic Collision Report lists nothing as Estimated Travel Speed for the bicycle. Why?

The Police Traffic Collision Report includes a (not-to-scale) diagram of the collision. Why does the report not include a record of the distances between the corpse, the mangled bicycle, the stopped motor vehicle, and any tire skid marks?

The Police Traffic Collision Report informs that the cyclist was hit while in the right hand lane, the road was dry, straight and flat, the weather was clear, and the light conditions as "daylight".

The Police Traffic Collision Report lists as Crash Avoidance: "no avoidance maneuver reported".

The Police Traffic Collision Report lists as Human Factors: "inattention".

The Police Traffic Collision Report states "the driver was not properly watching the roadway ahead".

Questions Raised
Has an accident reconstruction done at the scene of the accident? If not, is one planned? If not, why not?

If the driver’s original story as related is accurate “I saw the cyclist but thought I could pass him OK”, is this not an offense as defined by the above law?

Have toxicology results come back from the lab?

Is the Traffic Report a final report or will the investigation be reflected in a new and final Report?

Video of Second Street Bridge (http://www.wlky.com/video/13616537/index.html - WARNING: Graphic).

Supporters of this Course of Action
To sign on as a supporter, email: j@bikecourier.org.

Phil Ardery Jr.
Cindy Baker
Stephen Bartlett
Natalie Denise Beasley
Tomas Bernal
Jeff Blanchard
Tommy Board
Roger Bradford
Carole & David Bretschneider
Katie Mae & Nathan Broom
Gwen Burke
Linda Burry
Glenda Hodges-Cook
Cynthia Cooke
Kate Cunningham
Tim Darst
Angela Doyle
Jimmy Flaherty
Glenn Francisco
Mark French
Greg Gapsis
Jackie Green
Jim Griley
Bob Harrell
Russ Hisle
A. Thomas Johnson
John Mahorney
Leslie Marlin
David Maxwell
Tim Morgan
Gary Pahler
John Paul
George G. Perkins
Catherine Phelps
Ian Ritchie
David Ryan
Safe Streets Louisville (www.safestreetslouisville.org)
Ian Schill
Christopher Stockton
John Stone
Kim Stone
Curtis Tolson
Alex Udis
Toby Van Kleeck
Willian Whobrey

For updates go to: www.bikedepot.org (click Advocacy, click A Cyclist's Death)