Hit-and-run driver not guilty regardless of witnesses and video of event.
02-15-13, 08:33 AM
#2
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People die in cars too. Fact is, it you leave your house, your chances of death go up. No bicycle lane will stop a careless driver from swerving/driving into you. Neither will an overhaul in bicycle advocacy. We are all humans, a race bent on its own destruction, and we will all meet our demise. Enjoy the ride while you are living, because these accidents are never going to go away.
Now on to the fact that the driver was not charged - THAT is the biggest mistake. There should be no question, if you take a life, you need to be punished. It is the biggest crime there is. You put an end to someone's life, you need to pay a price. An eye for an eye. But hey, its a free country.
Now on to the fact that the driver was not charged - THAT is the biggest mistake. There should be no question, if you take a life, you need to be punished. It is the biggest crime there is. You put an end to someone's life, you need to pay a price. An eye for an eye. But hey, its a free country.
02-15-13, 08:43 AM
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Wow. Without being there, it sure seems based on the article that something should have been done.
In before the move to A&S.
In before the move to A&S.
02-15-13, 09:03 AM
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not sure where to begin here. Why do they need a grand jury filled with regular citizens to pursue criminal charges? That is ridiculous. If the police and prosecutor think they have adequate evidence then PROSECUTE!
The comments to the article are depressing. All of these discussions eventually boil down to ... all cyclist are law breaking degenerates who should not be on the road.
The majority of drivers do not like cyclist and are biased against them. We need laws to protect us not just from cars but the bias we face in the justice system.
I just hope Karma picks up where the police left off.
The comments to the article are depressing. All of these discussions eventually boil down to ... all cyclist are law breaking degenerates who should not be on the road.
The majority of drivers do not like cyclist and are biased against them. We need laws to protect us not just from cars but the bias we face in the justice system.
I just hope Karma picks up where the police left off.
02-15-13, 09:31 AM
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not sure where to begin here. Why do they need a grand jury filled with regular citizens to pursue criminal charges? That is ridiculous. If the police and prosecutor think they have adequate evidence then PROSECUTE!
The comments to the article are depressing. All of these discussions eventually boil down to ... all cyclist are law breaking degenerates who should not be on the road.
The majority of drivers do not like cyclist and are biased against them. We need laws to protect us not just from cars but the bias we face in the justice system.
I just hope Karma picks up where the police left off.
The comments to the article are depressing. All of these discussions eventually boil down to ... all cyclist are law breaking degenerates who should not be on the road.
The majority of drivers do not like cyclist and are biased against them. We need laws to protect us not just from cars but the bias we face in the justice system.
I just hope Karma picks up where the police left off.
This was not a matter of prosecutor discretion. It had to before the grand jury. Thus the disconnect. Police/prosecutors want to pursue these cases, but the grand juries made up of "regular people" do not.
02-15-13, 09:35 AM
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In Massachusetts, a grand jury is required before someone can be indicted on criminal charges in "superior court."
This was not a matter of prosecutor discretion. It had to before the grand jury. Thus the disconnect. Police/prosecutors want to pursue these cases, but the grand juries made up of "regular people" do not.
This was not a matter of prosecutor discretion. It had to before the grand jury. Thus the disconnect. Police/prosecutors want to pursue these cases, but the grand juries made up of "regular people" do not.
02-15-13, 09:51 AM
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I'm pretty sure that once the case is presented to the grand jury, "jeopardy" attaches, meaning the driver cannot be brought up on charges. I know that intersection, and I do feel like I'm risking my life just by riding through it. While this case shows how far we have to go, it also shows how far we've come. 10 years ago, the DA begs off this, or the PD won't raise a finger. Nevermind a front page article in the paper. This death has gotten a ton of press. That, in and of itself, is a step in the right direction.
02-15-13, 10:10 AM
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02-15-13, 10:12 AM
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I'm pretty sure that once the case is presented to the grand jury, "jeopardy" attaches, meaning the driver cannot be brought up on charges. I know that intersection, and I do feel like I'm risking my life just by riding through it. While this case shows how far we have to go, it also shows how far we've come. 10 years ago, the DA begs off this, or the PD won't raise a finger. Nevermind a front page article in the paper. This death has gotten a ton of press. That, in and of itself, is a step in the right direction.
02-15-13, 10:15 AM
#10
TFO
In Massachusetts, a grand jury is required before someone can be indicted on criminal charges in "superior court."
This was not a matter of prosecutor discretion. It had to before the grand jury. Thus the disconnect. Police/prosecutors want to pursue these cases, but the grand juries made up of "regular people" do not.
This was not a matter of prosecutor discretion. It had to before the grand jury. Thus the disconnect. Police/prosecutors want to pursue these cases, but the grand juries made up of "regular people" do not.
02-15-13, 10:24 AM
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I'm pretty sure that once the case is presented to the grand jury, "jeopardy" attaches, meaning the driver cannot be brought up on charges. I know that intersection, and I do feel like I'm risking my life just by riding through it. While this case shows how far we have to go, it also shows how far we've come. 10 years ago, the DA begs off this, or the PD won't raise a finger. Nevermind a front page article in the paper. This death has gotten a ton of press. That, in and of itself, is a step in the right direction.
Anyways it's a damn sad story with a damn sad ending.
02-15-13, 10:52 AM
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My wife's question to me this morning. I had no answer. The Wellesley chief is an honorable guy, so I have no reason to believe that the police didn't put the best case together that they could. The Norfolk County DA is a pretty competent guy, but I've no idea which assistant presented the case. Given the secret nature of the grand jury, I doubt we'll ever know.
02-15-13, 11:06 AM
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My wife's question to me this morning. I had no answer. The Wellesley chief is an honorable guy, so I have no reason to believe that the police didn't put the best case together that they could. The Norfolk County DA is a pretty competent guy, but I've no idea which assistant presented the case. Given the secret nature of the grand jury, I doubt we'll ever know.
02-15-13, 11:07 AM
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02-15-13, 11:43 AM
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Disturbing.
Let down by the system
.
Let down by the system
.
02-15-13, 11:45 AM
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In Mass. a prosecutor may file charges directly or proceed by way of a grand jury indictment. If he files charges directly, he then has to have a probable cause (PC) hearing-- called a preliminary hearing in California. At the PC, the prosecutor introduces evidence and questions witnesses. The defense attorney may cross-examine the prosecution witnesses, he may bring wits of his own and introduce evidence. At the end of the hearing the judge or magistrate decides if there is probable cause to order the defendant to trial.
The grand jury is a more favorable venue for prosecutots. There are no defense lawyers prsent (the suspect is not prsent either). The prosecutor is responsible for introducing evidence favorable to the prosecution AS WELL AS evidence favorable to the suspect. At the end of the hearing the grand jury decides whether to indict the suspect. The GJ may indict on the original charges or indict on different charges, as long as there is evidence to support all the charges.
Because the GJ is generally more favorable to the prosecution it is rare to see a GJ that fails to indict. There may be a number of reasons why this GJ refused to indict the driver. Maybe there was not enough admissible evidence to suuport an indictment. The newspaper report says there was evidence but we don't know if it was all admissible evidence. Sometimes papers don't report all the facts. Maybe the prosecutor charged the suspect with the wrong criminal counts and the GJ did not think the counts charged were proper.
Maybe the GJ engaged in jury nullification because they don't like cyclists
There are many possible reasons for the GJ's failure to indict--we just don't have enough information at this time.
At this point the prosecutor may file charges and have a PC hearing before a judge...maybe then the driver will be brought to justice.
The grand jury is a more favorable venue for prosecutots. There are no defense lawyers prsent (the suspect is not prsent either). The prosecutor is responsible for introducing evidence favorable to the prosecution AS WELL AS evidence favorable to the suspect. At the end of the hearing the grand jury decides whether to indict the suspect. The GJ may indict on the original charges or indict on different charges, as long as there is evidence to support all the charges.
Because the GJ is generally more favorable to the prosecution it is rare to see a GJ that fails to indict. There may be a number of reasons why this GJ refused to indict the driver. Maybe there was not enough admissible evidence to suuport an indictment. The newspaper report says there was evidence but we don't know if it was all admissible evidence. Sometimes papers don't report all the facts. Maybe the prosecutor charged the suspect with the wrong criminal counts and the GJ did not think the counts charged were proper.
Maybe the GJ engaged in jury nullification because they don't like cyclists
There are many possible reasons for the GJ's failure to indict--we just don't have enough information at this time.
At this point the prosecutor may file charges and have a PC hearing before a judge...maybe then the driver will be brought to justice.
02-15-13, 11:54 AM
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I'm pretty sure that once the case is presented to the grand jury, "jeopardy" attaches, meaning the driver cannot be brought up on charges. I know that intersection, and I do feel like I'm risking my life just by riding through it. While this case shows how far we have to go, it also shows how far we've come. 10 years ago, the DA begs off this, or the PD won't raise a finger. Nevermind a front page article in the paper. This death has gotten a ton of press. That, in and of itself, is a step in the right direction.
02-15-13, 12:29 PM
#19
SuperGimp
This thread title is incredibly misleading - he can't be guilty because he was never charged!
I suppose it's possible that they could charge him with something different at some point. I doubt the lawsuit will bring the family much satisfaction- he's a truck driver, not a real estate tycoon.
I don't think I've ever seen a bike in that many pieces after a crash. Stories like this make me sad.
I suppose it's possible that they could charge him with something different at some point. I doubt the lawsuit will bring the family much satisfaction- he's a truck driver, not a real estate tycoon.
I don't think I've ever seen a bike in that many pieces after a crash. Stories like this make me sad.
02-15-13, 12:32 PM
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You can read more about it here... https://theswellesleyreport.com/2013/...ling-accident/
02-15-13, 12:46 PM
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people die in cars too. Fact is, it you leave your house, your chances of death go up. No bicycle lane will stop a careless driver from swerving/driving into you. Neither will an overhaul in bicycle advocacy. We are all humans, a race bent on its own destruction, and we will all meet our demise. Enjoy the ride while you are living, because these accidents are never going to go away.
Now on to the fact that the driver was not charged - that is the biggest mistake. There should be no question, if you take a life, you need to be punished. It is the biggest crime there is. You put an end to someone's life, you need to pay a price. An eye for an eye. But hey, its a free country.
Now on to the fact that the driver was not charged - that is the biggest mistake. There should be no question, if you take a life, you need to be punished. It is the biggest crime there is. You put an end to someone's life, you need to pay a price. An eye for an eye. But hey, its a free country.
02-15-13, 12:48 PM
#22
Don't steal bikes, bro!
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You can read more about it here... https://theswellesleyreport.com/2013/...ling-accident/
02-15-13, 12:53 PM
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This is a car country, and most people drive. Most of non-cyclist drivers have no idea that cyclists have the same right as motorist. To them, we are the one that's taking up space on the road illegally; and it shows by the grand jury's bias against the cyclist by not pressing charges. Continued awareness campaigns will help, but I doubt it will ever make big differences. Maybe when gas prices hits $10.
02-15-13, 12:57 PM
#24
Don't steal bikes, bro!
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