LA.Streetsblog - Courtroom Drama for Cyclists throughout the County

LA Streetsblog by Stephen Box on October 13, 2009

The wheels of justice grind slowly and sometimes it's hard to believe that the system is working but a survey of the legal landscape in LA County reveals that there are several cases working that should be of great interest to the cycling community. Danny Jimenez, local cyclist and lawyer, says "victims are often discouraged by the difficulty in obtaining justice but when the system works, it's encouraging to see a Judge and a Prosecutor and a Jury doing their job and doing it well."

In the last year and a half, there have been several drunk driving and road rage incidents that have shaken the cycling community, leaving a trail of dead and broken bodies behind along with a general feeling of frustration and despair for the friends and families of the victims.

Dr. Christopher T. Thompson is charged with 2 counts of Assault with a Deadly Weapon (245a) 2 counts of Battery with Serious Bodily Injury (243d) reckless driving (23103a) and reckless driving causing specified injury (23105a) and Mayhem (203) all stemming from the Mandeville Canyon Road Rage incident that left two cyclists broken, bleeding and lying on the road. Thompson's case is slowly working itself through the system at the LAX Courthouse. Today, they will pick a judge to replace Judge Cynthia Reyvis and will then hear pre-trial motions. Tomorow, they start jury selection.

Alejandro Hidalgo is charged with vehicular manslaughter (191.5a) and DUI (23153a) (23153b) in the death of Jesus Castillo on Glendale Boulevard and his case is coming up in the Downtown Criminal Courthouse. The next hearing is on October 30 at 8:30 and no trial date has been set for this case.


Robert Sam Sanchez is charged with Vehicular Manslaughter (191.5a) and DUI (23153a) and Hit-and-Run with serious bodily injury (20001a) in the death of Rodrigo "Rod" Armas and the injury to his son, Christian Armas on PCH and that case is coming up in the Malibu Courthouse. The next hearing is on October 20 at 8:30 am and no trial date has been set.

Marco Antonio Valencia is charged with Vehicular Manslaughter (191.5a) and DUI (23153a) and Hit-and-Run with serious bodily injury (20001a) and in the death of Joe Novotny on Bouquet Canyon Road in Santa Clarita and that case is coming up in San Fernando Courthouse. The next hearing is on October 28 at 8:30 am and no trial date has been set.

Jim Azpilicueta is charged with two counts of Assault with a Deadly Weapon (245a) and Hit-and-Run with serious bodily injury (20001a) in an incident that caused a cyclist to sustain significant injuries including severe damage to her face. The arraignment is set for October 14 at 8:30 am.

There is another case pending in the Hit-and-Run with Serious Bodily Injury (20001a) incident that left Roadblock lying on Glendale Boulevard after being hit from behind and flipped into the air, landing with just enough consciousness and awareness to catch a partial license plate of the car as it sped off into the distance. The arraignment is set for Nov. 2 at 8:30 am in Dept. 60 Metro Court.

Missing from the dockets of the Southland Courthouses is the infamous Hummer vs. Cyclists case. The LAPD response to the Hummer vs. Cyclists incident received much attention and resulted in a City Council motion directing an LAPD report on police activity and the resulting investigation. It also stirred a Storm the Bastille ride to City Hall, three visits to the Police Commission, and claims filed with the LAPD Inspector General. But it did not result in a court case.

This is why cyclists need the Cyclists' Bill of Rights. The CBR has picked up endorsements from the City Council, from the City's Bicycle Advisory Committee and from neighborhood councils around LA. The CBR claims as right #4 "Cyclists have the right to the full support of our judicial system and the right to expect that those who endanger, injure or kill cyclists be dealt with to the full extent of the law."

Now is the time for the cycling community to embrace the Cyclists' Bill of Rights and to insist that it be included, as written, in LA's Draft Bike Plan, just released and already under attack for having a 42 day window for public participation and not using imperative language that will support the rights of cyclists on the streets of Los Angeles.

Pay close attention to what's happening in City Council, in the Courts and, most of all, on the Streets!

LA's Mean Streets - Unsafe for cyclists, pedestrians and mass transit passengers!

(Hans Gutknecht/Daily News) Album ID: 767869 Photo ID: 23918480

Monday was a bad day for pedestrians and cyclists and mass transit passengers in the City of Los Angeles.

First a woman cyclist was killed at 12:10 pm as she rode on Louise Avenue in Reseda. The Daily News reports that she was hit by a LADWP truck operated by a contractor and pictures of the scene indicate that it was a large truck hauling a trailer loaded with light poles. The LAPD reports that she was southbound on the sidewalk of Louise and was crossing the street when she was hit by the right-turning truck as it turned from Valerio onto Louise. The cyclist was pronounced dead at the scene.

The afternoon was not yet over when news came out that the Fire Department was attempting to extricate a male adult from under a bus on South Pacific Avenue in Venice. According to the LAPD, the 30-year-old man was crossing the street in the crosswalk when he was hit and dragged by a right-turning bus. The bus operator did not know the pedestrian was under the bus and continued for a couple of blocks before he was flagged down and informed of the body stuck under his bus. The pedestrian was pronounced dead at the scene.

At about the same time, a motorist on West Vanowen Street plowed into a bus stop, hitting four people and dragging one woman until the vehicle was stopped by a tree and a pole. Residents from nearby lifted the vehicle to free the trapped woman who was then transported to a local hospital and is reported in critical condition. The other women suffered minor injuries.

In all three cases the fire department, the police department and the press report that the vehicle operators required medical attention and at least two were transported to area hospitals.

Our streets are filled with vehicle operators who can't handle their vehicles or the environment in which they operate or the consequences of their failure to control their vehicles.

If the City of Los Angeles were a movie set, it would be illegal to allow children on the streets and the 1st Assistant Director and the Transportation Captain would be up on charges for allowing the set to disintegrate into a scene where people die on a regular basis.

But it's not a film set, it's reality and it's bad. It's no longer headline news when somebody dies as the result of a traffic collision, just scrolling trivia, with names withheld and incidents forgotten as the next victim takes their place on the list of the nameless who dared to walk, ride a bike or take the bus.

Our streets are filled with high performance vehicles driven by low performance operators. Our cars are engineered for speed and come with air bags, seat belts and crash cages, all which enable the occupants to survive a traffic collision but this does nothing for those who walk, ride or simply stand on a sidewalk. These are the most vulnerable and we do nothing to make the streets safer for them.

The City of Los Angeles may not be in a position to address the driving skills of all those who operate vehicles on the streets of LA, but it surely is in a position to require those who operate City owned vehicles or City contracted vehicles to take a simple driving course that stresses the rights of pedestrians and cyclists on the streets of Los Angeles.

If we are to set a safety standard for our streets, it is imperative that we start with those over whom we have the most control, those who are on the payroll of the City of Los Angeles.

I'm calling on the City of Los Angeles to implement a training program to ensure that any city employee or contractor operating City owned or contracted vehicles be required to successfully complete a course for motor vehicle operator's on safety for pedestrians and cyclists. The League of American Bicyclists already has the course material in place for a program such as this, all that's missing is the political will to make it a reality.

Now is the time and we are the political will.

"See you on the Streets!"