Cyclist Season – Asheville

Posted in Bicycle Crime on November 19, 2009 by cltvelo

Final UPDATE?:

The sentencing was today for the shooter, Charles Diez, who pleaded guilty to the charge of Assault with a deadly weapon with intent to kill.

The judge gave him 120 days in jail, 30 months of probation and anger management class.  This is a big victory for Diez who should have received a minimum of 15 months in jail.

Admitted into evidence was a performance review from a former fire captain that stated that “Diez complained and often escalated arguments and was quick to anger.“  That evidence might have been offset by the particularly effeminate manner in which Diez spoke in court.

The cyclist is in the early stages of organizing a ride in Asheville.  I plan to join him.  I hope he pursues a civil case.

http://www.wlos.com/shared/newsroom/top_stories/wlos_vid_1278.shtml

UPDATE:

A judge reduced his bond from $500,000 to $200,000.  He posted it and has been released.  A grand jury also reduced the charge from Attempted Murder (1st degree) to a special North Carolina offense of ‘Assault With a Deadly Weapon with Intent to Kill’.  Without serious bodily injury, as in this case, this is only a Class E felony punishable by 15-31 months in prison.  The trial date has not been set.

Original Post:

July 26, 2009

I suppose you read about the firefighter that shot at the family cycling in Asheville, striking the father in the helmet.

I consider this a hate crime.  As a cyclist, I sense a clear bias against cyclists from the general population in Charlotte; but I always thought Asheville was different, with its Subarus, brown rice and pop-up canvas dog bowls.  I was wrong about Asheville.

Now, you can find a homicidal beserko anywhere, but this story drew very familiar comments in the local paper (on-line).  The readers [drivers] cried about Asheville traffic having to slow down for cyclists and how they unfairly pay for road with vehicle taxes and registrations fees.  Does this culture sound familiar, Charlotte?

I’d like to see the city of Asheville react and do something to prevent this from happening again.  “Watch for Bikes” signs, like the one pictured below at the spot of the shooting, didn’t calm the shooter.  Perhaps they should start by training cops, fireman and bus drivers on how to share the road.

Here’s the story:

http://www.citizen-times.com/apps/pbcs.dll/article?AID=/20090727/NEWS01/907270323


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David Sherman of Summerfield, NC

Posted in Bicycle Crime, Help Find the Driver on October 26, 2009 by cltvelo
173269-David_Sherman

David Sherman

Cyclist David Sherman died from injuries resulting from a bicycle-truck accident on October 24th, 2009.  My sincerest thoughts are with his family and friends.

2nd Update:

11/3 State Police and Rockingham County Sheriffs charged the driver.  She’s a 48 year old licenseless woman.  She was charged with felony hit and run, misdemeanor death by motor vehicle and driving while license revoked.  She claims she was driving northbound on North Church Street just north of N.C. 150 when she steered her truck left of center and hit David Sherman head-on.

Update

10/26 Police found a Silver Dodge Durango matching the suspected vehicle on Monday October 26th.   The vehicle was found at a home on Moir Mill Road in Eden.  Police say charges are pending against a person of interest, but those charges haven’t yet been filed.

Help find the Driver

Police are looking for the driver for the driver of the Silver Dodge Durango that should have heavy damage to the front bumper and windshield.  The driver fled the scene of the accident that took place on North Church Street near the intersection with Highway 150 in Church.


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Anyone with information regarding the hit-and-run can call the North Carolina Highway Patrol at (336)334-5500.

October Prime Award: Burrito Bikers Nov 8th team

Posted in Advocacy, Prime Award, Social Capital on October 20, 2009 by cltvelo

BurritoBikerOct09The Burrito Bikers got some press in today’s Observer (archive) for their efforts feeding the homeless hot burritos each Sunday morning.  Congratulations to the grade school cooks that provided the burritos, the bikers and the organizers on this particular Sunday.  Outreach, Social Capital, bicycles, breakfast…this is a good stuff.  The volunteer pictured (in helmet) is wearing a custom ‘Burrito Biker’ non-cotton performance T provided by Sport Science USA (local).  You might remember the Burrito Bikers from this post.

Bicycle DUI in Gastonia

Posted in Legal on October 2, 2009 by cltvelo

A 51 year-old man wrecked his bike and was charged with driving while impaired Thursday night. He was riding on Bessemer City Road near I-85 around 2am. He scored a .22 on the Breathalyzer. I’ll try to follow up on the case.
I understand that a bike is a vehicle and that cyclists must obey the rules of the the road, but I’m not sure the punishment should be the same. I feel the same way about the punishment for drunken bus drivers.

Matthew Newell, Hit but OK

Posted in Accident, Injury on September 30, 2009 by cltvelo

Camden and Park

On Tuesday September 29th, cyclist Matthew Newell of Charlotte was involved in a bicycle-car collision.  According to the police report, he was not administered any medical aid.  He was riding on Camden just after dusk.  He stopped and proceeded through the Park Ave. intersection where he was hit by the car.  The responding officer reported statements from 2 witnesses, plus Matthew and the 76 year-old female driver from Derita.   It seems the officer got 4 different stories.

Camden and Park Ave is a 4-way stop with one of those yellow flashing traffic lights.  The new Charlotte bike map (Charlotte Cycling Guide)  highlights Camden as an Off-Street Path, but the Camden section is really more of a sidewalk compared to the wide Tremont to Clanton path.  Most cyclists ride on the street on Camden; it is a popular route connecting Southend and Uptown that avoids South Boulevard.  Thanks to Larry, who was eating at Phat Burrito, for the tip.

Correction: I heard from CDOT about Camden, the bike map actually shows a green line for the “Off-Street Path” AND a yellow line that designates Camden as a “Suggested Bike Route”.  I am color blind and could not distinguish the yellow line; my bad.  Thanks Ben.


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Richard James Jr., Get Well Soon

Posted in Accident, Injury on September 28, 2009 by cltvelo

September 22, 2009

Cyclist Richard D. James Jr. of Statesville is in critical condition as a result of a bike-car collision.   The accident happened at 9:30pm on Hickory Highway near Old Mountain Rd.  According to the state trooper on the scene of the accident, James was traveling west in the eastbound lane and was not using lights. No charges have been filed against the Statesville driver.

Richard is at Wake Forest University Baptist Medical Center in Winston-Salem.  I wish him a speedy recovery.


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September Pinch Flat Award, CDOT/NASCAR

Posted in Advocacy, Dangerous Road, Pinch Flat Award with tags on September 15, 2009 by cltvelo

Today the crosswalks on E. Stonewall at the intersection of the NASCAR Hall of Fame were painted as Finish Lines.   I’m offended by the transformation of a pedestrian facility into an auto racing stripe.  I also consider the excessive paint a potential bicycle slip hazard.  And I’m shocked at how the city can free-style on the form of a pedestrian traffic facility for a corporate entity, yet not adopt nationally precedented Bicycle Sharrows until they are officially part of the Manual on Uniform Traffic Control Devices (MUTCD).

CR

If you think novelty crosswalks are a bad idea, join me on Monday Sept 21 by calling 311 and reporting the code violation as a public safety issue. Click here for 311 online requests.

Don’t Drive FTW

Posted in Advocacy on August 18, 2009 by cltvelo

In an attempt to clean the air, Thursday August 20th is Don’t Drive Day in Charlotte.  So don’t drive and register to win a netbook.  The registration link will be active on Thursday until 12 noon.  Lynx riders, bus riders, bikers and walkers are all eligible.  There is a special prize for creativity.

Here is the link:  DontDriveDay.org

You can also phone in you entry: 704.336.RIDE

Thanks to Kelly at nccleanair.org for the info.

Scott Hallman, Get Well Soon

Posted in Accident, Injury on August 17, 2009 by cltvelo

August 16, 2008

Scott Hallman was the victim of a hit-and-driver on Sunday evening.    A fellow rider witnessed the crash. A women saw the car and called 911.  Scott was taken to Piedmont Medical Center.  I wish Scott a speedy and full recovery.

Help find the driver

It’s not a crime to hit a cyclist, but fleeing an accident scene is a crime.  Perhaps the driver was breaking another law.  It’s a super cowardly thing to leave somebody in need of help.  I’d love to see the driver get caught.  The more people aware of the details of this crash, the better the chance of catching the driver.  Spread the word and help.

Excerpts from the Rock Hill Bicycle Club forum:

He was riding with Dave going down Rambo rd towards 324, he thinks he may have crossed the railroad tracks but all Scott remembers is waking up with the EMS around him.

…Scott is banged up really bad and has some fractures but will be okay. They are keeping [him] overnight for observation and he should be released tomorrow.

…It was a 4 door grey/ silver dodge or toyota car.

…it was a 2-door and it has a missing head light lens now.

…Some of Scott’s musician friends are putting together a benefit concert to help him out with bills.

Thanks Jeff!


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Bruce Hermann, Congratulations!!

Posted in Accident, Injury with tags , , , on August 11, 2009 by cltvelo

Bruce got back on his bike for a meaningful 1,000 ft ride.  It has only been six months since his accident, which left him in a 3-week coma with internal injuries and broken bones.

Always the advocate, Bruce had this to say to The Winston Journal regarding the Winston-Salem Police Department not to citing the driver:  “They talked to me for about an hour giving all the reasons why they weren’t going to cite her,” he said.  “Essentially I was told that if you live in Winston-Salem you shouldn’t ride a bike after dark because it’s ‘risky’ and that it wouldn’t be worth the effort because (the driver) would probably just end up with a small fine.”

Charlotte is no different and I understand his frustration.  Remind me to include Winston when we mobilize….

Bruce Original Post: Bruce Hermann, Get Well Soon

March 2, 2009

bruce-hermannhighres_5878027Bruce Hermann, 58, of Winston-Salem, a commuter for over thirty years was hit from behind by a car.  He is currently at Wake Forrest Hospital in critical condition.  The accident happened about 7:30 p.m. Feb. 21 when the driver, traveling 35 mph on Country Club Road at Jonestown Road, failed to slowed down.  The road was clear and Bruce was appropriately lit with lights.  The officer on the scene did not issue a citation to the driver. I hope the matter is fully investigated and the district attorney pursues any appropriate charges.

Bruce went to UC Davis, advocates for bicycle safety, runs a shop and organizes rides.  I wish the best for Bruce and his wife and family.  His friends are posting notes here.

I was happy to see that the on-line story in the Wiston-Salem Journal contained only positive user comments and wishes.  Imagine the hate comments that would be posted in the Charlotte Observer [GotServed'r].