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Cleveland Area Judge Killed While Riding Bicycle

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Old 05-25-11, 11:34 AM
  #1  
thdave
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Cleveland Area Judge Killed While Riding Bicycle

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
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Old 05-25-11, 12:16 PM
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https://www.tribtoday.com/page/conten....html?nav=5021

Sivak said an investigation is continuing and no charges have been filed yet. He said weather conditions at the time were excellent.

A Geauga County Sheriff's Office report states that the motorist said she kept driving because she thought she hit a deer. She called deputies after getting home when she realized what she had done, according to sheriff's reports.
I think that's all we need to know about this "investigation".
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Old 05-25-11, 01:34 PM
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Sunset is around 8:45, so it's not like it was dark or anything. How the f could she think she hit a deer and suddenly "realize what she did" when she got home?
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Old 05-25-11, 01:46 PM
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Of course she knew precisely what happened. She needed to consult before she could make a "responsible" report to police and imply she simply hit a wild animal on the road. If the investigation reveals inattention or reckless driving, .... you can guess my thoughts!! Sympathies to the victims family.
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Old 05-25-11, 01:48 PM
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Gotta love Ohio.
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Old 05-25-11, 02:13 PM
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Makes you wonder, who was really driving the vehicle??
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Old 05-25-11, 02:13 PM
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A lot of these papers always seem to insinuate that wearing a helmet would prevent injuries and/or death and continually perpetuate that cycling is a dangerous activity.

However, since this was a judge who was killed I do expect some sort of charges against the driver. Although if it wasn't a judge would the same events warrant any charges? I guess we'll just wait and see.
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Old 05-25-11, 03:29 PM
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She hit a cyclist and knew it. She thought she could get away with it, but when she got home and saw the damage, she knew she would get caught. Remembering back to third grade and the fabulous lies she used to get away with, she invented her deer story.
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Old 05-26-11, 07:32 AM
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The Plain Dealer though, despite the shady circumstances of the driver, give her the soft treatment and focus on the helmet and whether or not bike lanes would help. Give me a break--what crappy reporting.
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Old 05-26-11, 07:58 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 out there. 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 she see him--it was daylight? Was she texting, talking on the phone, or drinking? Was she (not sure if Kelly is a she--please fix if Kelly is a he) 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 dillegence and responsibility for all.
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Old 05-26-11, 07:59 AM
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Obviously hit and run. The question is: if she had stopped to help the cyclist after hitting him, would he still be alive? I can not imagine ever leaving somebody by the side of the road like that.
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Old 05-26-11, 08:13 AM
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Why is it that some motorists can only deduce that they hit a cyclist and not a deer until they get home?
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Old 05-26-11, 08:45 AM
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Originally Posted by thdave
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 out there. 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 she see him--it was daylight? Was she texting, talking on the phone, or drinking? Was she (not sure if Kelly is a she--please fix if Kelly is a he) 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 dillegence and responsibility for all.
Looks good, Dave. Personally, I have gave up trying to get decent journalism and reporting out of the PD decades ago. Another recent example...the story they ran this week about credit/debit card info from one merchant being breached. They went on and on about a bunch of fluff, but never once mentioned who the merchant was, so people would know to avoid them since they obviously didn't take the security of their customers personal info...or the law...very seriously.
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Old 05-26-11, 08:50 AM
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"He was riding his bike on the far right side of the road where he should be," said Lt. J.T Sivak. "He was wearing casual clothes and a red shirt and doing everything he should when he was hit. He was just a guy taking a bicycle ride through his neighborhood."
No charges have been filed against Cox.
https://blog.cleveland.com/metro/2011...blameless.html

It sounds like the cops are saying as much as they can to be on the cyclists side.
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Old 05-26-11, 09:38 AM
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Let's just speculate--what would happen to the drunk/phoning/texting/oblivious driver who didn't see an "outlaw" motorcyclist--Hells' Angel, Gypsy Joker, etc.,--and killed them. Think maybe they'd have an unpleasant encounter with a few of the biker's clubmates, eh?
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Old 05-26-11, 10:03 AM
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...and you are suggesting?
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Old 05-26-11, 08:37 PM
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Originally Posted by Feldman
Let's just speculate--what would happen to the drunk/phoning/texting/oblivious driver who didn't see an "outlaw" motorcyclist--Hells' Angel, Gypsy Joker, etc.,--and killed them. Think maybe they'd have an unpleasant encounter with a few of the biker's clubmates, eh?
If such a thing comes to pass, I have to wonder if it is the last blow to what is left of civilized behavior in our country or if it is just a rational response to its exit.
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Old 05-28-11, 06:15 AM
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even if someone hits a deer (or a squirrel, or anything), isn't there still a legal requirement to stop?

if someone claims that they thought a cyclist was a deer... that sounds like an automatic inattentive/careless driving charge... which should help firmly establish fault so the cyclist's family can use the civil courts to relieve the driver of all worldly possessions.

this is where i'm ideologically torn when it comes to harsh criminal charges... on one hand the driver could face prison, huge fines and huge legal bills... on the other hand, they could just be given a traffic ticket and then cleaned out in civil court. not that the two are necessarily exclusive of each other, but there may not be much left to take after a big criminal defense. my guess is that the prosecutor(s) is discussing the options with family before making any decisions.
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Old 05-28-11, 07:26 AM
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If it were deer season I'd be more likely to believe her story. It just doesn't make sense.
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Old 05-28-11, 07:40 AM
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Likely she should not be driving... can't discern a deer from a human... must have terrible vision. Would probably mistake a stop sign for a Howard Johnson sign.
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Old 05-28-11, 07:56 AM
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Originally Posted by kuan
If it were deer season I'd be more likely to believe her story. It just doesn't make sense.

Deer don't cross roads except during deer season?
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Old 05-28-11, 08:09 AM
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Originally Posted by Shimagnolo

Deer don't cross roads except during deer season?
Less likely. But I'm saying since it's not deer season why would she automatically think she hit a deer? Her excuse isn't plausible. You wouldn't automatically think Lyme disease if you fell sick during the winter.

In all my years of driving up here I've never had to avoid deer except during deer season. Just my experience I guess. Nobody I know (at least to my knowledge) has ever hit a deer during non-deer season either.
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Old 05-28-11, 08:22 AM
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As far as I'm concerned, the motorist's deer theory is total BS, especially when the cyclist is on the side of the road, wearing a red shirt, and moving with traffic, and not brown as most deer are, or ran into the road and in front of the vehicle.
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Old 05-28-11, 08:30 AM
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I guess cyclists look like deer in your peripherial vision while your texting . . . or you're right handed and the phone blocked your view.
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Old 05-28-11, 08:41 AM
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Originally Posted by Snydermann
I guess cyclists look like deer in your peripherial vision while your texting . . . or you're right handed and the phone blocked your view.
That right there garnered one of our local motorists a year in the county pokey, and it took a monumental effort by many of our local cyclists to even get that sentence handed down.
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Last edited by dynodonn; 05-28-11 at 06:00 PM.
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