Cleveland Area Judge Killed While Riding Bicycle
11-02-11, 08:12 AM
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11-02-11, 08:13 AM
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
11-02-11, 08:17 AM
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I remember the 70's all too well, especially that wide lapel baby blue leisure suit. 
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Prisoner No. 979
Prisoner No. 979
11-02-11, 10:15 PM
#79
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Update: Defendant wants a change of venue... to southern Ohio. Plus, she may not be competent enough to stand trial. DA is pullin' out all the stops! And how can the fact that she was 3x over the limit for intoxication be withheld from the jury? https://www.news-herald.com/articles/...mode=fullstory
11-02-11, 10:49 PM
#80
Cycle Year Round
Clearly Mrs. Cox has a terrible husband. With such serious mental problems, a caring husband would have checked a spouse into a mental health facility.
Or is it just a lie by some scum attorney to get a killer off scott free?
Or is it just a lie by some scum attorney to get a killer off scott free?
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Last edited by CB HI; 11-03-11 at 12:57 AM.
11-03-11, 12:49 AM
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This article on my webpage has spawned some 50+ comments now, including those trying to defend this drunk driver. 0.284% BAC is a HUGE number - You have to really WORK to get your BAC that high. I wrote a follow up piece on the indictment as well.
01-20-12, 04:57 PM
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The wheels of justice are turning -- slowly: https://www.news-herald.com/articles/...mode=fullstory
01-20-12, 05:20 PM
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The wheels of justice are turning -- slowly: https://www.news-herald.com/articles/...mode=fullstory
" People should not judge a book by its cover. This judge henry was not as great as everyone wants to believe. I know kelly and she is the most loving caring person i have ever know. why was he riding a bike with a tornado warnings with no helmet or reflective gear? O yea he was a bike expert. "
01-23-12, 07:10 AM
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Trial Starts Today
The trial of Kelly Cox is set to start today, January 23, 2012, in Geauga County - which is one county east of Cleveland. She is charged with several crimes ranging from Aggravated Vehicular Homicide to CHild Endangerment. The defense is expected to play the "Blame The Victim" card, claiming Judge Henry did something wrong - despite a complete lack of evidence to this effect. The defense will also challenge the blood alcohol draw, which was made 3 hrs after the crash.
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
01-23-12, 10:14 AM
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The trial of Kelly Cox is set to start today, January 23, 2012, in Geauga County - which is one county east of Cleveland. She is charged with several crimes ranging from Aggravated Vehicular Homicide to CHild Endangerment. The defense is expected to play the "Blame The Victim" card, claiming Judge Henry did something wrong - despite a complete lack of evidence to this effect. The defense will also challenge the blood alcohol draw, which was made 3 hrs after the crash.
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
Thank you.
01-23-12, 12:47 PM
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Cox cops a plea: "Cox answered “guilty” to each of seven charges named in an August indictment: two counts of aggravated vehicular homicide and two counts of endangering children, and one count each of driving under the influence and reckless operation of a vehicle. She faces a mandatory prison sentence of two years minimum. Sentencing has not been scheduled."
story: https://www.news-herald.com/articles/...mode=fullstory
And she still claims she hit a deer:
https://www.wkyc.com/video/default.aspx?bctid=1410068045001
story: https://www.news-herald.com/articles/...mode=fullstory
And she still claims she hit a deer:
https://www.wkyc.com/video/default.aspx?bctid=1410068045001
Last edited by jedde; 01-23-12 at 06:50 PM. Reason: vid added
01-24-12, 12:58 AM
#88
Cycle Year Round
The trial of Kelly Cox is set to start today, January 23, 2012, in Geauga County - which is one county east of Cleveland. She is charged with several crimes ranging from Aggravated Vehicular Homicide to CHild Endangerment. The defense is expected to play the "Blame The Victim" card, claiming Judge Henry did something wrong - despite a complete lack of evidence to this effect. The defense will also challenge the blood alcohol draw, which was made 3 hrs after the crash.
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
Let's hope that justice is done here
Steve Magas
The Bike Lawyer
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01-24-12, 07:07 AM
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Folks--I'm writing a letter to the editor of the Cleveland Plain Dealer about this. Please look over and edit.
Thanks.
In your article on the death of Judge Chip Henry of Geauga County, you did a great disservice to all cyclists. In this article, you cite that the Judge wasn't wearing a helmet and then you ramble on as to whether bike lanes would have helped. This implies that the act of bicycling was the reason he died, which is not true. The reason this man was killed is that Kelly Cox struck him from behind. Why couldn't Cox see him--it was daylight? Was Cox texting, talking on the phone, or drinking? Was Cox even driving the car? We don't know the shady circumstances because the eye witness is dead and the driver didn't stop, a fact that the Plain Dealer didn't report. The driver says she didn't know what happened and didn't even realize there was an "accident" until she got home. I suspect she wondered if she could get away with it. Regardless of what she thought, it's the responsibility of the Plain Dealer to get to the truth, and in this it failed miserably. The focus in the article should have been on perpetrator leaving the scene, distracted driving, and due diligence and responsibility for all.
Thanks.
In your article on the death of Judge Chip Henry of Geauga County, you did a great disservice to all cyclists. In this article, you cite that the Judge wasn't wearing a helmet and then you ramble on as to whether bike lanes would have helped. This implies that the act of bicycling was the reason he died, which is not true. The reason this man was killed is that Kelly Cox struck him from behind. Why couldn't Cox see him--it was daylight? Was Cox texting, talking on the phone, or drinking? Was Cox even driving the car? We don't know the shady circumstances because the eye witness is dead and the driver didn't stop, a fact that the Plain Dealer didn't report. The driver says she didn't know what happened and didn't even realize there was an "accident" until she got home. I suspect she wondered if she could get away with it. Regardless of what she thought, it's the responsibility of the Plain Dealer to get to the truth, and in this it failed miserably. The focus in the article should have been on perpetrator leaving the scene, distracted driving, and due diligence and responsibility for all.
Dear Editor
The reason Judge Henry is dead is because he was run over by a driver ! Not because Henry was, or was not wearing a helmet. Your article was poorly written. It entered information not in evidence about bicycle lanes and helmets and left out that Cox may not be the actual driver. If you are going to be writing articles about hit and run with cyclists please don't try to enplane how it was the cyclist fault because cyclists have laws to protect their use of public roads. Motorists should be made aware of those laws and the protection of cyclist like Judge Henry should be a primary concern of law enforcement. Motorized vehicles operators (Cox) are NOT entitled to run over cyclists
01-24-12, 07:27 AM
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I've reviewed the crash report and OSHP photos in this crash - the ONLY reason Judge Henry is dead is because a drunk driver rear-ended him and killed him. He was "visible" during the last 600 feet of Ms. Cox's travels. He was seen by others in the area before he was killed - guys who were mowing grass or working in the area saw him without any difficulty. He was riding in a straight line. He was hit approximately 3' to the left of the white line. He was hit directly from behind. The physical evidence simply does not corroborate any of the driver's "story" and the blood alcohol evidence says she continues to lie about having "one drink" - as she told the court. I suspect she is surrounded by enablers and those who have never confronted her about some obvious problems - she'll get plenty of that in prison.
The family agreed to the plea deal. She plead Guilty to the primary charges, and a lesser charge will be dropped. The family was able to avoid what would have been a very traumatic and emotional trial.
I will publish an address where folks can send letters to the Prosecutor on the issue of sentencing. The Judge should hear about the impact of this crash on the cycling community!!
Steve Magas
The Bike Lawyer
The family agreed to the plea deal. She plead Guilty to the primary charges, and a lesser charge will be dropped. The family was able to avoid what would have been a very traumatic and emotional trial.
I will publish an address where folks can send letters to the Prosecutor on the issue of sentencing. The Judge should hear about the impact of this crash on the cycling community!!
Steve Magas
The Bike Lawyer
01-24-12, 08:46 AM
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Frustrating death of a bicycling enthusiast.
Poor write up--right up front it says he wasn't wearing his helmet, insinuating that was the reason for his death--and it says nothing about any issues with the killer--Kelly Cox, as to whether or not her driving was at question. Of course, the eye witness is dead.
Then it ambles into thoughts on bike lanes, but doesn't conclude a thing.
https://blog.cleveland.com/metro/2011...roy_towns.html
Poor write up--right up front it says he wasn't wearing his helmet, insinuating that was the reason for his death--and it says nothing about any issues with the killer--Kelly Cox, as to whether or not her driving was at question. Of course, the eye witness is dead.
Then it ambles into thoughts on bike lanes, but doesn't conclude a thing.
https://blog.cleveland.com/metro/2011...roy_towns.html
The death of a Geauga County judge who was hit by a car while riding his bicycle near his home Monday has renewed an old argument over how cars can best share roads with bikers and pedestrians.
But some people think we can do better by planning roadways that allow bikes, cars and pedestrians to share the roads. Barbara McCann, executive director of the Complete Streets Coalition, said the time to think about pedestrian and bicyclist safety is before roads are built, not after. They support creating sidewalks for pedestrians and bicycle lanes and installing crosswalks at regular intervals.
"It's about thinking through the needs for everyone when designing roads, not just speeding motor vehicle traffic," she said. "They wait until pedestrians are injured or killed and then try to retrofit the road with expensive, small fixes. We want them to consider making the roads safer before they are built."
"It's about thinking through the needs for everyone when designing roads, not just speeding motor vehicle traffic," she said. "They wait until pedestrians are injured or killed and then try to retrofit the road with expensive, small fixes. We want them to consider making the roads safer before they are built."
U.S. Rep. Steve LaTourette, a Republican from Bainbridge, introduced the Safe and Complete Streets Act on May 5, which would direct states and regions to build roads that accommodate pedestrians and bicyclists. A similar version of the bill was introduced in the Senate Tuesday.
01-24-12, 09:27 PM
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How To Write to the Judge
If YOU want to participate in the Kelly Cox case, draft a letter describing how this crash impacted you, as a cyclist, and the cycling community and send it to the Prosecutor. Maybe it will have an impact, maybe not. In a Cincinnati case the judge read from 15-20 letters at the sentencing and many of us spoke at the sentencing hearing.
You can read about today's events and how to write the prosecutor in today's blog blurb -
https://www.ohiobikelawyer.com/bike-l...ge-chip-henry/
Steve Magas
The Bike Lawyer
You can read about today's events and how to write the prosecutor in today's blog blurb -
https://www.ohiobikelawyer.com/bike-l...ge-chip-henry/
Steve Magas
The Bike Lawyer
01-30-12, 04:02 AM
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If you remember the 60's you weren't there Hee Hee
01-30-12, 10:55 PM
#94
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02-25-12, 06:31 PM
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CASE OVER:
"The woman convicted of hitting and killing Geauga County Juvenile and Probate Judge Charles “Chip” Henry was sentenced to the maximum 9 1/2 years in prison"
story: https://www.news-herald.com/articles/...1119893224.txt
video: https://www.wkyc.com/video/default.as...TPAGE|featured
"The woman convicted of hitting and killing Geauga County Juvenile and Probate Judge Charles “Chip” Henry was sentenced to the maximum 9 1/2 years in prison"
story: https://www.news-herald.com/articles/...1119893224.txt
video: https://www.wkyc.com/video/default.as...TPAGE|featured
02-25-12, 10:38 PM
#96
Twincities MN
When **** like this happens I wish news orgs would make it a point to report that bicycles have the same right to the road as automobiles.
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02-25-12, 10:47 PM
#97
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More than likely she stopped for long enough to remove his helmet so she could take it home and dispose of it. Seems to me the best way to clear yourself of any blame in a accident with a cyclist is to remove their lights and helmet from the scene.
02-26-12, 08:55 AM
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However, people who are regular drinkers can learn to act in a socially acceptable manner despite very high BAC's. This doesn't mean the physical effects of alcohol aren't there - their brains are still addled, their reflexes are dimmed, their vision is skewed - alcohol effects every sense you need to operate a car and, at a 0.28%, you are completely plastered no matter WHAT kind of social game you are able to play to "look good" for others...
People who are regular drinkers ALSO have the ability to "process" or "eliminate" alcohol faster than non-drinkers. An "average" elimination rate is about 0.015% per hour. So if you are at .10%BAC at 6pm, and are on your way down, the average person would be around 0.085% by 7pm. A regular drinker's body adapts, though, and eliminates the poison quicker - sometimes twice as fast. So THAT person's BAC might be 0.07% at 7pm. What this means is that regular drinkers have to drink MORE than non-drinkers to get that high high BAC...
I would bet that, two persons of similar build/weight having eaten similar amounts of food prior to drinking, after consuming equal amounts of alcohol, would have very similar BAC levels.
The infrequent drinker might be staggering well ahead of the regular drinker because the infrequent drinker is not used to the effects of the alcohol.
. . . but their BAC's would be similar, and both, after having reached high BAC levels, would be unfit to drive.
Caruso
02-26-12, 09:23 AM
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A truly tragic story, one of which I had not been aware before signing on to the forum this morning.
I do not believe there are any winners here. No degree of advocacy can reduce the danger inherent to everyone who uses the roadway if a driver is going to get behind the wheel with such a high BAC.
My heart goes out to all parties involved. The judge's family, of course. But the drunk driver has a family, too, and there will be suffering inflicted upon them, as well.
This is just such a sad story.
Caruso
I do not believe there are any winners here. No degree of advocacy can reduce the danger inherent to everyone who uses the roadway if a driver is going to get behind the wheel with such a high BAC.
My heart goes out to all parties involved. The judge's family, of course. But the drunk driver has a family, too, and there will be suffering inflicted upon them, as well.
This is just such a sad story.
Caruso
02-27-12, 07:46 AM
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The Court opened for a rare Saturday session for the sentencing of Kelly Cox. Cox had consistently told the court, under oath, that she had only had "one glass of wine" despite evidence that she blew a 0.28%BAC - a number which would indicate that she had somewhere around TEN drinks - not one...
With regard to the quote below - the differences in the elimination rate of alcoholics and non-drinkers is not a matter of opinion, but a matter of science.
https://www.ncbi.nlm.nih.gov/pubmed/6745819
Forensic toxicologists will testify that alcoholics develop an ability to get rid of the poison faster than those who do not drink regularly. The "average" elimination rate is around 0.015% per hour. So someone who has, say, maxed out at a .10%BAC and is starting to come down will be at roughly 0.085% after an hour. An alcoholic can DOUBLE that "average" - I've seen it. In one case I handled there were two blood tests taken of the drunk driver - this gave us an ability to measure his elimination rate and it was over 0.03% per hour - more than double the "average" - which was consistent with the research...
With regard to the quote below - the differences in the elimination rate of alcoholics and non-drinkers is not a matter of opinion, but a matter of science.
https://www.ncbi.nlm.nih.gov/pubmed/6745819
Forensic toxicologists will testify that alcoholics develop an ability to get rid of the poison faster than those who do not drink regularly. The "average" elimination rate is around 0.015% per hour. So someone who has, say, maxed out at a .10%BAC and is starting to come down will be at roughly 0.085% after an hour. An alcoholic can DOUBLE that "average" - I've seen it. In one case I handled there were two blood tests taken of the drunk driver - this gave us an ability to measure his elimination rate and it was over 0.03% per hour - more than double the "average" - which was consistent with the research...
I do not, however, agree with the above concerning the ability of regular drinkers to be able to process their alcohol faster than infrequent drinkers. My guess is that the regular drinker has adapted somewhat to functioning under the effects of alcohol, and it takes more for him/her to achieve what feels like the pleasant buzz that most "honest" drinkers among us would admit is the real reason for drinking in the first place.
I would bet that, two persons of similar build/weight having eaten similar amounts of food prior to drinking, after consuming equal amounts of alcohol, would have very similar BAC levels.
The infrequent drinker might be staggering well ahead of the regular drinker because the infrequent drinker is not used to the effects of the alcohol.
. . . but their BAC's would be similar, and both, after having reached high BAC levels, would be unfit to drive.
Caruso
I would bet that, two persons of similar build/weight having eaten similar amounts of food prior to drinking, after consuming equal amounts of alcohol, would have very similar BAC levels.
The infrequent drinker might be staggering well ahead of the regular drinker because the infrequent drinker is not used to the effects of the alcohol.
. . . but their BAC's would be similar, and both, after having reached high BAC levels, would be unfit to drive.
Caruso