Bikepacker67

Carlos Bertonatti, the budding Key Biscayne pop musician charged with DUI manslaughter and a string of other felonies in the hit-and-run death of a bicyclist on the Rickenbacker Causeway, has been released on bail.

Miami-Dade Mayor Carlos Alvarez, meanwhile, addressed a rising furor over the delay of at least 15 minutes in fire-rescue workers arriving at the scene. The nearest station, on Crandon Boulevard, was closed at the time of the Sunday morning collision because of budget cuts.

Fire-rescue officials told Miami Herald news partner WFOR-CBS 4 that emergency dispatchers apparently did not ask Key Biscayne's and Miami's fire-rescue departments, which have closer fire stations, to send rescue teams. A December ``mutual aid'' memo allows them to request help from one another.

Instead, Miami-Dade dispatched a unit from South Miami, 10 miles away, which arrived after the victim died.

In a brief statement released by his office, Alvarez said the county is reviewing its response as well as potential ways to improve safety for cyclists on the popular Rickenbacker bike lane.

``If it is found that standard operating procedures were violated with regard to emergency response, those involved will be held accountable,'' Alvarez said. ``No one wants to see this happen again.

``My son is an avid biker and trains along this same route, along with thousands of other bikers and pedestrians. This issue is a personal and professional one for me.''

Bertonatti, 28, posted the $100,000 bail set after immigration authorities on Tuesday lifted a detainer they had placed on him, said his attorney, Susy Ribero-Ayala. Bertonatti is a legal permanent U.S. resident.

``My client is extremely sorry for the events that took place Sunday,'' Ribero-Ayala said. ``He is distraught and he recognizes the severity of it. He will live with this for the rest of his life, and he is ready to deal with the justice system and accept whatever consequences may be coming.''

Miami-Dade police investigators say Bertonatti struck cyclist Christophe Lecanne from behind on the Bear Cut Bridge after swerving into the eastbound bicycle lane about 8 a.m. Sunday. Bertonatti then sped off, the victim's bicycle still wedged under his car, until he reached the village of Key Biscayne, where he was arrested.

In an arrest form affidavit by Miami-Dade police on Wednesday, officers said Bertonatti, who reeked of alcohol and failed a balance test, refused to provide a blood sample after his arrest. Officers and firefighters strapped him down on a fire-rescue board and forcibly took a blood sample as Bertonatti continued to resist, the form said.

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All this flack about fire and rescue not getting there quickly enough is SECONDARY.
It is unlikely the victim would have survived no matter how fast emergency care reached him.

And I think that's what this f'n lawyer is going to use as a pry - "ohh yes it was Terrible what Carlos Did - but if it wasn't for the poor response of fire and rescue, Mr. Lecanne might well have survived. So certainly my client cannot be held solely responsible for his death"

BULLSHYT.

We all need to make a BIG STINK when this goes to trial - I'm talking swamping every online newsfeed out of Miami area with letters to the editor.

And even phone calls if we need to.

ItsJustMe

The victim lived with the consequences for the rest of his life too.

The consequences the driver should live with is a lot of jail time, forfeiture of at least his vehicle if not all his possessions including his house, never ever getting a driver's license again under any circumstances, and there should be some kind of law that if he's ever found behind the wheel again, 5 years in jail, instantly, no questions.

BESIDES jail time, that is. The above assuming that he ever gets out, which I'd just as soon he didn't.

Bikepacker67

As I posted in the road forums, we - as the BF community - have to stay hot in this story all the way through sentencing of Mr. Bertonatti.
Letters to the editor, hitting all the Miami boards we can find... even phone calls.

I'm going to see if I can find some links for talk radio down there - call in shows and the like.

Keep it civil, keep it on the facts, but make sure that the "Carlos Crew" doesn't get to spin this away with a slap on the wrist.

Kurt Erlenbach

Well now, hold on just a minute. I think what Carlos did was despicable. He also is entitled to release on bail. Under Florida law, the only persons who can be held without bail are those charged with a crime punishable by up to life in prison for whom the "proof is evident or presumption great," and a few other circumstances not applicable here. That's not this case. Only under a very rare set of circumstances can he be charged with a crime punishable by life (2d degree murder), and while the "proof evident presumption great" standard is met for leaving the scene and possibly DUI manslaughter, 2d degree murder is a stretch, whether we like it or not. The Florida constitution gives everyone the right to pretrial release except under very limited circumstances.

Second, the poor response of rescue crews will play only a small part in the case. In a DUI manslaughter charge, the drunk driver's actions must be a "proximate" cause of the death, and poor medical care is a defense only if it legally is an "intevening cause" of the death. That clearly is not the case here. Lack of affirmative medical care, when the initial injury is caused by the defendant, is not an intervening cause that relieves a defendant of criminal liability. The law on that point is very clear. If we want the law to work for us, we have to follow the law to get to the right result.

Kurt Erlenbach

If you're interested, here are the statutes that Carlos will be charged under. He will be charged with DUI manslaughter failing to give aid, under Florida Statutes 316.293(3)(c)3.b., which is a first degree felony punishable by up to 30 years. He also will be charged with leaving the scene of an accident causing death under section 316.027(1)(b), which also is a first degree felony. Under the Florida criminal punishment code, conviction on those two counts, with a prior record of 4 misdemeanors (most of his driving record consists of noncriminal infractions, some are considered misdemeanors), results in a minimum sentence of 159.6 months, or about 13 years 4 months, and a maximum sentence of 60 years. He also could be charged with a misdemeanor resisting arrest charge, and maybe some other traffic charges that are unlikely to affect the final sentence. In Florida, the judge imposes a specific sentence (i.e., 20 years, or 30 years, not a range of time), and prisoners serve no less than 85% of their sentence.

The evidence going to each of those two main charges appears strong. The blood test results will be crucial, and I hope and assume the police properly took blood and tested it properly. Witnesses to the crash are important, as are witnesses of his driving before and after the crash.

He will get a strong defense, and he should, because people facing most of the rest of their life in prison deserve a good defense. It does not appear to be the kind of case likely to be plea bargained down signfiicantly, and I expect that any plea offer would require many years in prison. Whether to offer a sentence lower than that set out above will be solely up to the Dade County State Attorney's Office, not the judge. If he is convicted at trial of those charges, the judge will not be able to impose a lower sentence, except under very rare circusmtances, none of which appear present. The crash and death were bad enough - leaving the scene and fighting the cops make this a poor case for a substantial sentence reduction in a plea bargain.

Laserman

I agree with Kerlenbach on all his points yet I am inclined to feel uneasy about the ultimate disposition of this case.
A quick check of real estate prices in Key Biscayne showed condos selling for 1/2 a mil and houses listed at up to 24 mil.
It would seem that Bertonatti has deep pockets and history has shown that "Justice ain't nuthin that can't be bought".
Inevitably as time goes on the media attention will wane so it is up to all concerned parties to follow developments and bring it to the forefront if justice is not served.

Digital_Cowboy

$100,000.00 bail for all the offenses leading up to the killing of an innocent human being? And people who abuse animals get higher bails.

[QUOTE=Bikepacker67;10298602]``My client is extremely sorry for the events that took place Sunday,'' Ribero-Ayala said. ``He is distraught and he recognizes the severity of it. He will live with this for the rest of his life, and he is ready to deal with the justice system and accept whatever consequences may be coming.''[quote]

Uh, then why was he driving when he knew that he shouldn't have been?

[QUOTE=Bikepacker67;10298602]Miami-Dade police investigators say Bertonatti struck cyclist Christophe Lecanne from behind on the Bear Cut Bridge after swerving into the eastbound bicycle lane about 8 a.m. Sunday. Bertonatti then sped off, the victim's bicycle still wedged under his car, until he reached the village of Key Biscayne, where he was arrested.

In an arrest form affidavit by Miami-Dade police on Wednesday, officers said Bertonatti, who reeked of alcohol and failed a balance test, refused to provide a blood sample after his arrest. Officers and firefighters strapped him down on a fire-rescue board and forcibly took a blood sample as Bertonatti continued to resist, the form said.[/quqote]

Trust me that's what a cadre Sargent I had did when a drunk came into his ER. He had more bruises by the time he got up on the exam table then he did when he came in.

That goes without saying, his lawyer/defense team is going to use anything and everything s/he/they can to get their client off either free and clear or with the shortest sentence possible.

+1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0 00,000,000,000,000,000,000,000,000,000,000

Agreed, we need to let the powers that be down there know that this type of behavior cannot be tolerated anymore.

Digital_Cowboy

As will Chris the victim's wife and daughter.

Also include in that the forfeiture of any and all other vehicles that he has driven illegally.

unterhausen

is there anyone anywhere that doubts this guy is going to drive again? With his record, it looks to me like him getting behind the wheel is too dangerous for society to risk.

Digital_Cowboy

Hence we need to take Bikepacker's advice and make sure that we keep this in the media, and let the powers that be in Miami know that we want justice.

Digital_Cowboy

And with his driving record why do I think that it's safe to presume that as soon as he thinks it's "safe" to do so that he'll be behind the wheel of another car.

Would it be harassment for the police to put a tail on him to make sure that he doesn't drive? Also again I have to ask was an electronic monitor part of the bail deal so that the police can keep track of him? I mean given that passport or not with his families money that he IS a flight risk. Having the DA requesting an electronic monitor wouldn't be an unreasonable request.

DX-MAN

Y'know what, I'm pretty sure that someone in the DA's office down there is keeping an eye on the reaction to this -- namely, the outcry from cyclists, as is happening here.

Anybody taking bets on this DA doing what the CA ER doc prosecutor did, open up a forum for citizen input...? They'd probably get swamped!

I guess somebody thinks this clown is not a flight risk, either. And the electronic monitor should have been a condition of the bail.

no motor?

That seemed to help with Dr. Thompson too. let's make sure the name and addresses of the appropriate people are posted so we canall chime in. Again.

UnsafeAlpine

Suspect. Or is he already convicted and I wasn't aware?

CB HI

In the eyes of the court he is appropriately a suspect and innocent until proven guilty.

BUT there is no law that requires us to play such PC BS.

I bet you really believe that OJ was innocent as well.

UnsafeAlpine

I'm glad the law runs court and not BF.

Digital_Cowboy

That DA did? That's good to hear. If they did that in this case they'd better be prepared for a flood of cyclists and friends/family cyclists. As I am sure that they will get more then just an earful.

Digital_Cowboy

I guess it doesn't matter that in the written police report that they noted that they could smell alcohol on his breath from 2' away. Or that he said several times that he didn't believe the cops when they told him that the man he had hit died.

CB HI

Are you glad OJ got off, so he could spend his days playing golf?

genec

Now now, he is not just playing golf... remember, he is "searching for the killer."

Apparently that killer only frequents golf courses.

UnsafeAlpine

You people are idiots. Everyone, EVERYONE has the right to a fair trial. Under the current system, those who essentially aren't accused of murder have the right to bail. Sorry if you don't like it, but them's the rules.

Unless and until this guy is convicted, he has just as much right as everyone else to the courts.

CB HI

No one is saying he does not have the right to a fair trial. No one is saying he does not have a right to reasonable bail. We are saying that his bail is too low or that he is such a flight risk that he should be properly remanded until trial. Just because the courts have to consider him innocent until proven guilty does not mean we have to put blinders on and ignore the evidence already available, and that we are not allowed to form an opinion based on that information. Seems you are the idiot, if you cannot understand the difference.

Digital_Cowboy

I agree with you, but with the evidence in this case this driver needs to be sent away for a VERY long time. Evidence such as his previous bad driving record, or that the arresting officers were able to smell alcohol on his breath from 2' away, that he resisted arrest, refusing to submit to a B.A.C. This is a person that society needs to be protected from.

Digital_Cowboy

Well said, there is plenty of evidence in this case that shows as you've said most of us feel that the bail was too low, that he is a flight risk, and is a continuing danger to society at large.

Bubba Zanetti

This guy will do some time. I rest easy knowing that the rest of his punishment will be paid by tax payer's $$. Its the Florida tax payer's $$ paying for convict Bubba's food, board, medical care while he does his time in the pen. Carlos is too purdy so his looks will eventually attract attention from, you guessed it, convict Bubba. The only thing he will ever get to think about in prison is whether he wants, honey? or syrup? Sometimes Bubba wants neither I like paying taxes