law

Prosecution drops criminal charges against Michael Bryant

The media is reporting that prosecutor Richard Peck has dropped criminal charges against Michael Bryant, who was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death, after the incident that left Darcy Allan Sheppard dead.

Richard Peck felt there was no reasonable chance of convicting Bryant.

Quote from The Star:

If the prosecution determines there is no reasonable prospect of conviction then the charge must be withdrawn, Peck told the judge in front of a courtroom packed with reporters.

“This case falls short of that standard and I’ll explain why,” the lawyer said.

He added the decision was his “mine and mine alone” and no one from Attorney General’s office had any input into the decision-making process.

I'm wondering if there will be other non-criminal charges pursued after this.

Personally, I'm still trying to make sense of this...

Media coverage:

Igor pleads guilty to bike theft

Igor Kenk has plead guilty to bike theft and drug possession. Here's the detail: he's plead guilty to just 10 bikes out of the original 48 that he was charged with by the Crown to keep the court case manageable. Charges against his wife Jeanie Chung were dropped. Igor has only 4 months left to serve of this sentence, but still has to face separate assault charges. There's no word yet on when the 2200 bicycles will be auctioned off.

Dressed in gray jeans and sweater, his long hair and beard disheveled, Igor Kenk, 50, stood in provincial court at Old City Hall and admitted 10 counts of possession of stolen property – 10 bicycles worth under $5,000.

He also pleaded guilty to five counts of possession of cocaine and one of marijuana.

He declined Justice Kathleen Caldwell's invitation to make a statement.

He must now serve an additional four months in jail on top of the time he has already spent in pretrial custody. The total sentence was 30 months.

According an agreed statement of facts, on July 16, 2008 police witnessed a man called Jean Laveau cut a bike free from its lock with bolt cutters and take it to Kenk, who reached into a fanny pack to retrieve some cash, which he gave to Laveau.

Laveau then walked to another locked bike, again cutting it free.

Police arrested Kenk and Laveau.

Proposed auto insurance changes will negatively affect cyclists

The following email comes from Patrick Brown, a cyclist-supporting lawyer here in Toronto. Could cyclists be getting screwed over with insurance settlements in the future? Read on.

This morning I attended a stakeholders meeting with the Ministry of Finance regarding the new changes to auto insurance. It is now on the news.

The present law reform is not fair to cyclists, public transit users or pedestrians.

Today I specially asked whether the reduce benefits being proposed will apply to innocently injured cyclists, pedestrians and transit users. The answer was "yes".

The system here in Ontario is complex to say the least, but I will try to simplify as best I can the issue below.

When anyone [including cyclist, pedestrian car driver] is injured or killed by a bad driver[ even a drunk driver], they will have various benefits available to them. These include various things to help them get better. Medical benefits, rehab benefits, attendant care etc.

With the new changes introduced today, many benefits are being drastically reduced. However, the justification for such a reduction is "consumer choice".

The new insurance reforms provide an option to the auto insurance policy holders to increase the amount of their benefits if they so chose. They simply up the premium in the policy.

However, if you are a cyclist, pedestrian or transit user, and do not have a car insurance policy, you do not have the ability to buy up on your benefits. You have no policy to do so. You must accept these reductions.

Essentially your benefits (if you are part of this group) have just been drastically reduced without the choice of getting more coverage.

How significant are these changes to cyclist and pedestrians. The following are the amount of benefits being reduced.

  1. Medical Rehabilitation Benefits [non catastrophically injured] are being reduced from 100,000 to 50,000
  2. Attendant Care Benefits [for non catastrophically injured ] are being reduced from 72,000 to 36,000.00
  3. Housekeeping and caregiver benefits eliminated.

Bryant's road rage: cycling lawyer weighs in

Bob Mionske, a cycling lawyer, author of Bicycling & the Law, and contributor to Bicycling magazine, weighs in on the incident of road rage and death involving Michael Bryant, former Ontario Attorney General, and Darcy Sheppard, now deceased bike courier. Despite the work of Bryant's PR firm, Navigator Ltd, feeding the prejudices of newspapers such as the Ottawa Citizen or the Toronto Sun (with the help of their Twitter account @bryantfacts), there was an amazing amount of corroborating evidence from witnesses and security cameras that make it quite hard to spin it so that Bryant appears to be just an innocent victim. Rather we know that Bryant rammed Sheppard out of the way before fleeing the scene while Sheppard gave chase:

So to set the record straight, here’s what really happened.

The night of August 31, Darcy Allan Sheppard was on his bike on Bloor Street, riding home from his fiancee’s apartment. It was 9:45 p.m. As he approached a traffic light, he passed to the left of a Saab convertible that we now know was Michael Bryant’s. After passing Bryant, who was stopped at the light, Sheppard cut in front of his car and also came to a stop. Shortly thereafter, as the light turned green, Bryant drove forward, perhaps bumping Sheppard’s wheel. Sheppard turned his head back, in Bryant’s direction. Witnesses reported that when the light turned green, there was a toot of the horn from Bryant, and a shout to “get moving,” followed—perhaps—by a return shout from Sheppard. Then, incredibly, Bryant hit the gas, pushing Sheppard forward into the intersection, knocking him off his bike. As Sheppard struggled to get to his feet, Bryant backed up, stopped, turned his wheel and began to drive past Sheppard as he sped away.

Sheppard gave chase, grabbing onto Bryant’s car as it sped by. Witnesses reported hearing shouting, and noted that Bryant was “very, very angry.” They also reported that as Bryant sped down the street with Sheppard clinging to his car, he was driving on the wrong side of the street, at about 60 miles per hour, driving up onto the sidewalk, driving against the trees and posts and newspaper boxes lining the street in what they reported appeared to be an attempt to brush Sheppard off his car. Down the street 100 yards, Sheppard was slammed into a mail collection box, and crumpled into a heap in the street as Bryant’s rear wheels ran over him. Witnesses reported that Sheppard, who lay in the street bleeding heavily from his nose and mouth, attempted to get up, but was advised to remain still until an ambulance arrived. Bryant continued driving down the street to the end of the block, before turning in to the driveway of a luxury hotel, where he finally stopped his car.

This is not spin. It is not supposition. It is not rumor. It is fact. We know this, because remarkably, the incident was captured on security cameras, which corroborated the eyewitness accounts . Anonymous spin doctors can suggest news leads and story angles to divert media and public attention, and anonymous internet comments can invent fantasy versions of what actually happened, but the camera doesn’t lie.

And the camera shows that on the night of August 31, Michael Bryant used his car to ram Darcy Sheppard out of his way, before fleeing the scene as Sheppard gave chase on foot. Moments later, Darcy Allan Sheppard lay dying on a Toronto street as Michael Bryant sped away.

Is this cyclist at fault?

Is a cyclist at fault for riding through an intersection? In the Star's Wheels section a cyclist asks Eric Lai whether he was wrong to ride across an intersection. This cyclist was told by a cop that he was at fault for getting hit by a left turning vehicle while crossing the intersection.

Here's the Question:

Q: While riding my bicycle on the road, a car traveling in the opposite direction turned left in front of me at an intersection, causing me to collide with it.

At the hospital, police advised: "You're at fault because the law states that whenever a cyclist crosses an intersection, they have to get off their bicycle and walk. It doesn't matter if you're riding on the sidewalk or on the road."

Even though I had the right of way on a green light, the officer insists that a cyclist is considered a pedestrian and not a vehicle.

I feel I've been wronged and a careless driver escaped responsibility.

Jim Yeh, Markham

It could be the Star edited the question, or that the cyclist isn't telling us that he was actually riding in the crosswalk. There are by-laws about riding in the crosswalk in most cities, though it seems less a crime than running into someone. In fact, one of the responses suggests there was more to it: "The officer believed that the cyclist was riding "along" the edge of the crosswalk, not necessarily in it, but even if he was on the right edge of the roadway along the crosswalk, the law requires the cyclist to dismount and walk across the intersection."

Stateside Cycling Stories

Bike the drive
Photo by swanksalot (yes, that's right)

It's Independence Day in the USA, so let's have a look at what cyclists down there are doing. Looking south once in a while (at least once a year) can give hints as to what ideas our politicians might be willing to try next.

Detroit is going to start licensing bikes (not the cyclists)

Bicycle owners will pay a $1 fee per bike, to receive a registration number, which can be placed on the bike. The license will be valid for five years.

Officials said enforcement will remain relaxed until Aug. 4, to allow bicycle owners the opportunity to register their bikes without penalty.

Hopefully this idea doesn't cross the river.

South Carolina passed long awaited laws related to cycling. It's now illegal to harass a cyclist. I guess it's even more illegal than it used to be. There are now details in the law about throwing things at a cyclist or yelling at a cyclist. Explaining why these laws are needed is Dave Moulton's Bike Blog:

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