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Thread Box:
Charges Filed in Bike Death
Thread started by alicestrong at 05.14.10 - 8:08 am

http://www.glendalenewspress.com/articles/2010/05/14/publicsafety/gnp-charges051410.txt

reply


i live in the burbank/glendale area and man, its kinda scary to ride around here, more so around glendale.

these folks DO NOT GIVE A SHIT around here.

idk, maybe it's time to start getting more violent.


also, have you noticed how in driver's training classes and DMV tests, they barely go over cyclists?

maybe we need to propose changes in DMV's training guidelines to make sure driver's learn more about cyclists rights or something.





KiMS1
05.14.10 - 9:05 am

reply


Burbank isnt bad to ride in ... at least in my experiences..



OsnapsonJC
responding to a comment by KiMS1
05.14.10 - 9:08 am

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the east end of burbank where it meets glendale, it gets pretty bad. i'd say about 1 out of 10 rides i go out on, i get into an altercation. idk, maybe im just bad luck.



KiMS1
responding to a comment by OsnapsonJC
05.14.10 - 9:12 am

reply


O on the stuck up side of the bank ... FUCK those people they think they live in BH when in reality they don't ....



OsnapsonJC
responding to a comment by KiMS1
05.14.10 - 9:13 am

reply


Story is also linked on LA NOW: http://bit.ly/d4cz5G

full text:

Charges filed in bike death

Bicyclist was struck by a car in 2008, and he died 13 months later.
By Veronica Rocha
Published: Last Updated Thursday, May 13, 2010 9:30 PM PDT

GLENDALE — Prosecutors charged a 48-year-old woman Thursday in the death of a bicyclist who succumbed to his injuries 13 months after allegedly being hit by her car.

Naira Margaryan of Glendale was charged with one misdemeanor count of vehicular manslaughter for the death of Gerardo Ramos, said Jane Robison, a spokeswoman of the Los Angeles County District Attorney’s office.

Margaryan was also scheduled to be arraigned Thursday in Glendale Superior Court, but the hearing was moved to June 2, court officials said.

Ramos, 51, had been riding his bicycle on a sidewalk on North Concord Street at about 6:46 a.m. on Sept. 23, 2008, heading to work at a steel company on State Street, Glendale Police Det. Ashraf Mankarios said.

Riding a bicycle on a sidewalk violates California vehicles codes, he said.

As he approached Milford Street, Margaryan, who was driving a Mercedes Benz, allegedly blew through a stop sign and struck him, he said.

Ramos’ head hit the windshield of the Mercedes, then Margaryan braked and he flew off the car and landed on the ground, Mankarios said.

He sustained massive head trauma and was taken to Los Angeles County-USC Medical Center, where he was listed in critical condition, the detective said.

“He was not expected to live that afternoon,” Mankarios said.

But Ramos remained in the hospital’s intensive care unit for nearly seven months. Ramos’ family later transported him to a full-care convalescent home, but he never regained consciousness.

Ramos died at the convalescent home in November 2009.

Ramos, a Mexican immigrant, left his wife and two sons after getting a visa to work in the United States, Mankarios said. His family received a visa to attend his funeral, returning home to Mexico afterward.

“Every penny he made he sent back and lived off the means of his family here,” he said.

Prosecutors filed the misdemeanor charge against Margaryan after deciding Ramos was partially to blame for the crash.

“They agreed that it’s 50-50,” Mankarios said. “He violated the vehicle code, but in essence had she stopped, he would have gone right through and in front of her.”



Get in touch VERONICA ROCHA covers public safety and the courts. She may be reached at (818) 637-3232 or by e-mail at veronica.rocha@ latimes.com.



DJwheels
05.14.10 - 9:31 am

reply


Glendale Municipal Code:
10.64.025 Bicycle riding on sidewalks.

No person shall ride or operate a bicycle upon any public sidewalk in any business district within the city except where such sidewalk is officially designated as part of an established bicycle route. Pedestrians shall have the right-of-way on sidewalks. The prohibition in this section shall not apply to peace officers on bicycle patrol. (Ord. 5116 § 1, 1996)

According to the code, it's only illegal to ride the sidewalk in a business district.

Concord and Milford looks pretty residential to me:

Map





DJwheels
05.14.10 - 9:35 am

reply


dude, it's SO INFURIATING.

it's gotten to the point that every time these altercations happen, i try to catch up to them to bash their fucking cars. before, i would just respond with a nice loud fuck you, but it doesnt cut it anymore. its not enough. i fucking LOVE kicking out tail light and punching asshole drivers in the face. i dont care if it's wrong. it feels fucking good. and if they are allowed to feel good by endangering cyclists, then im gonna make damn sure that i feel good by knocking out their fucking teeth.



KiMS1
responding to a comment by OsnapsonJC
05.14.10 - 9:36 am

reply


WHAT THE FUCK?!?!?

This almost made me throw up! True the cyclist was on the sidewalk, but how is he partially to blame for that dumbfuck bitch blowing through a red light?!?!?? AND ALL SHE GOT WAS A MISDEMEANOR FOR TAKING SOMEONES LIFE?!?!? FUCK THAT!



Gizzard
responding to a comment by DJwheels
05.14.10 - 9:39 am

reply


I agree that something must be done...

I don't agree with violence because I feel that it will lead to a vicious cycle. Obviosuly public perception needs to be changed. For some reason Angelinos as well as most of the US views cyclists as somekind of sub-human. Do you remember how those two pedestrians were ran over by USC around a year ago? HOw much media attention did that receive as opposed to ANY cyclist being injured/killed. There is an imbalance.



Gizzard
responding to a comment by KiMS1
05.14.10 - 9:50 am

reply


unfortunately, he probably didn't feel safe riding in the street...

and at least she didn't do a hit and run...

be careful out there kiddies!



adrian
05.14.10 - 9:50 am

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this 50/50 bullshit comes from there not being laws that puts faults the drivers. why is it a misdemeanor when you inflict damage to someone that eventually causes death?





stella
05.14.10 - 9:54 am

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I've explained the issue of local ordinances to a couple of cops, and they always tell me the same thing: state laws trump municipal laws, and they point to CVC 21663, which prohibits motor vehicles on the sidewalk.

I guess neither the detective or the prosecutor had ever read CVC 21100 (h). Most cops haven't, and that's a big problem for cyclists in LA County.

21100. Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:
... (h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on the public sidewalks.




tortuga_veloce
responding to a comment by DJwheels
05.14.10 - 9:55 am

reply


How about we go see someone and demand that this be something more than a misdemeanor?

people will be reading this. motorists, will be reading this. this will instill the idea that, yeah, driver's have right of way.

we can't just let shit like this slide?

roadblock, what's the best way to go about this?



KiMS1
05.14.10 - 9:57 am

reply


Disheartening. Especially after reading this yesterday.

http://politiken.dk/newsinenglish/article965600.ece

LA needs to SLOW DOWN!



alicestrong
05.14.10 - 9:57 am

reply


50/50 IS BULLSHIT!

this guy was riding legally, and yet nobody but DJ Wheels is pointing this out! Even the prosecutor is conceding that he was partially to blame for his own death???

HOW DO WE GET COPS, PROSECUTORS AND JUDGES TO EDUCATE THEMSELVES ON THE LAW?



tortuga_veloce
05.14.10 - 10:02 am

reply


I'm not sure what the hell is going on in this article.

Detective Mankarios is quoted saying a couple dumb things. The author of the piece says the rider was on the sidewalk at some point, but doesn't explain where the collision took place exactly.

I'm still waiting for my comments to be approved on the LA Now site.

So much fail.



DJwheels
05.14.10 - 10:03 am

reply


im emailing the author to point out the legal errors in the article. i suggest you all do too. if i find a direct line to the detective, i willl post it here.

we can't let ignorance win.



tortuga_veloce
responding to a comment by DJwheels
05.14.10 - 10:09 am

reply


i wonder if this is the driver

http://www.ypsort.com/info/CA/4552532/



KiMS1
05.14.10 - 10:14 am

reply


Sounds to me like the cyclist came off the sidewalk and got hit in the intersection as the driver ran the light?






alicestrong
05.14.10 - 10:15 am

reply


u know, even if it wasnt a cyclist, a person would have died regardless.

if some guy was jogging across the street, or some kid was skateboarding across, they would have been struck the same. it's not like she was making a right turn. its obvious that she was going straight and blew a stop.

how fucking fast was she going?

why does it matter that the guy was on a fucking bicycle?

she should be charged for blowing a stop sign and killing a person, period.

i feel that she would have gotten a harsher sentence if the guy wasnt on a bike.



KiMS1
responding to a comment by alicestrong
05.14.10 - 10:21 am

reply


im sure that's true. the problem is, that's based on faulty legal arguments. the detective and prosecutor sound like they're on the defense team!



tortuga_veloce
responding to a comment by KiMS1
05.14.10 - 10:24 am

reply


Agree. Very cloudy...



alicestrong
responding to a comment by KiMS1
05.14.10 - 10:24 am

reply


another outrageous example of how drivers get the benefit of the doubt. Danny, what could be done to pressure the prosecutor? where can we get more details?



Roadblock
05.14.10 - 10:31 am

reply


Right, I'm sure that's the situation, but the article doesn't say it explicitly and the quote from the detective just throws it off for me.

I just called the author to express my concern. I gave her my spiel about lack of understanding of the nuances and complexity of the vehicle, and my specific problems with the article.

She conceded that she should have specified exactly where the collision took place. She also said she probably should have asked the detective which vehicle code he was talking about. She explained that the detective was a veteran officer in the traffic division and felt he was credible source on the vehicle code issue.

However, she wasn't aware that piece was picked up and published. She came off a little defensive, which is understandable, but I tried to tell I was just more concerned with the big picture here. She got my number to get back to me and thanked me for bringing my concerns to her attention.

I'll try calling the detective later.



DJwheels
responding to a comment by alicestrong
05.14.10 - 10:32 am

reply


he's out until monday. i'm emailing you the number for glendale traffic.



tortuga_veloce
responding to a comment by DJwheels
05.14.10 - 10:35 am

reply


this fucking scares me.

i live in the area and once the drivers of glendale read this, it will put the idea in their heads that drivers always have right of way and if they do hit somebody, theyre gonna think its not gonna be a big deal since this lady killed somebody and got off with a misdemeanor.

i want this person to go to jail for a long fucking time.

since she is of armenian descent and it happened in glendale, a place with a large armenian community, i feel that if she got a really harsh sentence, all the local armenian news sources will be all over this and it will raise some awareness for drivers not to be so fucking wreckless.

and im not trying to be racist or anything. most ethnic enclaves are very tight knit and news gets around FAST.

i dont care if it's armenians that know about this or any other group of people, as long as someone knows and it has the potential to keep us safe, that's all i care about.


a few years ago, a korean newspaper had an article regarding all the mass rides going through ktown and hancock park and how to drive about them safely. i think this was fucking awesome bc most korean immigrants dont know what the fuck is going on when there are cyclists on the road.


maybe the glendale area needs some kinda heads up too.




KiMS1
responding to a comment by tortuga_veloce
05.14.10 - 10:37 am

reply


It seems to me that whatever benefit of the doubt the driver is getting should be offset by the cyclist being the more vulnerable road user...



alicestrong
responding to a comment by Roadblock
05.14.10 - 10:43 am

reply


Dude, I dunno. We can make calls to the prosecutor and pressure them, but if the Detective wrote up the report and concluded that the bicyclist was at fault as well based on their "investigation," there's probably not much the D.A. can do at that point. The report is what the report is. The defense will have a copy and use the detective's conclusion to their advantage.

Even if the D.A. was sympathetic and also felt it wasn't 50/50 like the detective says, they're not gonna put the detective on the spot, take a contrary position from the report and potentially put the detective's credibility into question. The best they can do is request a supplemental report or further investigation, but I'm sure it's too late now.

This sucks.



DJwheels
responding to a comment by Roadblock
05.14.10 - 10:45 am

reply


is it possible that this news report is getting some of the facts wrong. cause this just seems way out of line. though misdemeanor manslaughter is still a pretty serious charge right?



Roadblock
responding to a comment by DJwheels
05.14.10 - 10:50 am

reply


I hate going it that area for this exact reason .. once you go over the 5 its unreal how people act and I don't blame you for wanting to lash back. Burbank has changed a lot that's 4sure... they took out an entire lane on Verdugo and turned it into a bike lane. but back on topic ... this is unreal ... This person should be behind bars and not just have a slap on the wrist



OsnapsonJC
responding to a comment by KiMS1
05.14.10 - 10:51 am

reply


to my knowledge, there is only ONE bike lane in glendale and these asshole drivers DO NOT GIVE A SHIT. they drive all over it as if its not there.

one time i confronted a car that was in the lane and lo and behold, 4 big ass dudes piled out askin me if i want to fuckin scrap.

we're getting stepped on so hard it's not even funny.

we get treated like shit, we ask the city for help, and they do not do ANYTHING for us.

idk, maybe we all just need to start getting violent with motorists.

i know thats a horrible thing to say but we're not making any heads turn. we're not getting taken seriously.

maybe once we start breaking things, people will notice.



KiMS1
responding to a comment by OsnapsonJC
05.14.10 - 11:13 am

reply


ACTUALLY Glendale Municipal code appears to allow riding on the sidewalks except in a "business district" which this intersection does NOT appear to be located but I couldnt find a definition of what a "business district" is in the Glendale Municipal code. Looking at gmaps the intersection is surrounded in residential homes and apartments. Hard to see that defined as a Business District...

Glendale Municipal code 10.64.025 Bicycle riding on sidewalks.

No person shall ride or operate a bicycle upon any public sidewalk in any business district within the city except where such sidewalk is officially designated as part of an established bicycle route. Pedestrians shall have the right-of-way on sidewalks. The prohibition in this section shall not apply to peace officers on bicycle patrol. (Ord. 5116 § 1, 1996)







Roadblock
05.14.10 - 11:13 am

reply


This is an example of where groups like CIudad De Luces need help in advocacy for cyclist. We all know regardless of where we ride motorist need to be more cautious of us, but we also know there are so many people riding on the sidewalk which is dangerous. Please don't take this as a defense of the driver post. The driver is 100% wrong, but I wanted to highlight the valuable work organization's like Cuidad De Luces do to help educate cyclist.



Foldie
05.14.10 - 11:14 am

reply


it would be like fighting the waves in the ocean.



Roadblock
responding to a comment by KiMS1
05.14.10 - 11:14 am

reply


idk, maybe once we get on the news for dishing out beatings with bricks and basically engrave the idea of "DONT FUCK WITH US" in their heads, people will take more notice. maybe once people realize, wait, this cyclist might really damage my car if i fuck with him, people might stop fucking with us.

idk, im just tired of this and i dont really see or feel any progression, at least in my area.



KiMS1
responding to a comment by Roadblock
05.14.10 - 11:19 am

reply


so you want to start a black panther party for cyclists?



tortuga_veloce
responding to a comment by KiMS1
05.14.10 - 11:24 am

reply


if nothing can be done since the report has been filed... it should be made public... outside of this forum, this is not being covered extensively.... I am sure if I ask colleagues or family members they would not be aware of this case... if I would not have logged on I probably would not have known about this case... in fact, I am 8 months late on this incident... a ride should be created and streets should be shut down to get police and camera coverage.... it should be positive, peaceful, and unified... the anger should be used to mobilize cyclists since it can happen to any of us out there.....



dayone
05.14.10 - 11:26 am

reply


the police have failed the cycling community again, and they have stolen justice from the family of the victim.



tortuga_veloce
responding to a comment by dayone
05.14.10 - 11:29 am

reply


I understand what your saying but I can tell you from my personal experience this will solve nothing .. it will probably make things worse .. I say this because sure you will feel a small victory .. but... that person wont forget what happened and might take it on on someone else riding around just because they are on a bike.



OsnapsonJC
responding to a comment by KiMS1
05.14.10 - 11:32 am

reply






ruinedbyidiots
05.14.10 - 11:37 am

reply


Penal Code 192.

Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary—upon a sudden quarrel or heat of passion.

(b) Involuntary—in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

(c) Vehicular-

(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.



DJwheels
responding to a comment by Roadblock
05.14.10 - 11:38 am

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Penal Code
193. (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.

(c) Vehicular manslaughter is punishable as follows:

(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.

(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.



DJwheels
05.14.10 - 11:40 am

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Basically, the driver is looking at ZERO to no more than ONE year in county jail.



DJwheels
05.14.10 - 11:42 am

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what does the fact that Ramos was riding on the sidewalk have to do with anything? was he not in the middle of the street intersection when he got hit? the fact he was riding on the sidewalk is irrelevant. seemed like the driver was going a little bit faster than a "rolling stop" thru the intersection.



tfunk408
05.14.10 - 12:28 pm

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Sorry, but violence as retaliation for another senseless and tragic death is not the answer. How does smashing people's cars with bricks spread the Midnight Ridazz Zeppelin of Love? It's not really a Glendale specific problem -- although I agree Glendale drivers are super aggressive -- (despite the LACBC's efforts up there). You all know it's city wide.

There should absolutely be a ride to bring attention to this, and maybe another protest lie down in the street.

But maybe there needs to be armbands or something like the AIDS pins that we wear in our everyday lives to draw attention to the risks cyclists face every day on the road???

Sure the AIDS ribbon pins are so ubiquitous now that they're basically white noise, but on the front end, didn't they spur increased awareness about the issue??

@DJ Wheels -- as always, many thanks for the legal clarifications.



champagne
responding to a comment by KiMS1
05.14.10 - 12:29 pm

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Yeah this case is super fishy. I suspect it has a lot to do with the victim being an immigrant. The law is that bicycle riding is allowed on the sidewalk as long as it's not a "business district" which I assume would be something like the Glendale Galleria.





Roadblock
05.14.10 - 3:15 pm

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holy shit. i run all my deliveries in Glendale on my bike, and i bout pedestrian fatalities all too often. i used to make my runs as fast as possible to earn better tips, but not anymore. hitting close to home is an understatement, more like dodging 2 ton bullets (literally).

i'm armenian, i appreciate Mike's unbiased opinion. but the fact is, that i run into courteous driver's all the time, sometimes even letting me rest my hand on the hood or skitch their ride, none happened to be armenian. i've gotten into many scuffles with those asshole because i've taken their place on the road, or rode past a stop sign next to them, or any other reason. i've even been followed back to work, but i'm not stupid, i know the alleys and parking lots that connect to each other :) actually it felt good breaking someone's side mirror with my chain lock

can't wait until i move into hollywood.



marzipan
05.14.10 - 3:58 pm

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what can be done on our end?



mechazawa
05.14.10 - 4:13 pm

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LACBC has a man on the ground in Glendale responsible for a lot of the good work Glendale has done (or attempted to do?) in the bike/ped arena. He's been on this since it's breaking.

It would be good if LACBC were better able to put the word out about their activities on following up on this incident/investigation. How many people even knew LACBC got a sweet grant to work with the City of Glendale--enough to pay for a dedicated staffer to work on Glendale's issues?



dudeonabike
05.17.10 - 9:24 am

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As many problems as I have with LACBC I have to admit they are doing some big things out there in Bicycle land that not many people realize. If we get sharrows on the ground this summer it will be largely be because of the LACBC.

as for this sloppy bullshit story and prosecution? the victim had two major issues working against him. He's an immigrant and he's a cyclist. That's small town policing for you.

I understand there is a plague of cops who are ignorant of the laws and lazy reporters who don't care. But the CA in this case is particularly pathetic. One 5 minute google search could have made the difference.

We can all make a difference still. Call the Glendale CA and voice your outrage:

Glendale City Attorney
613 East Broadway, Suite 220
Glendale, CA 91206
818.548.2080
818.547.3402 (fax)
Scott Howard, City Attorney

contact the lazy LA Times reporter:
VERONICA ROCHA at (818) 637-3232 or by e-mail at veronica.rocha@latimes.com




Roadblock
responding to a comment by dudeonabike
05.17.10 - 10:53 am

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There's a good chance she had friends in high places!!!

Hence the misdemeanor charge.

Much of Glendale is a closed society, I used to live there and got sick of it so I moved.



Limeyfly
responding to a comment by Roadblock
05.17.10 - 11:52 am

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going to send her an email right now!!!



Limeyfly
responding to a comment by Roadblock
05.17.10 - 11:53 am

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I live in Studio City and cars on Ventura Blvd are always traveling way too fast. Is this just an LA thing????
Also helped at a car accident nearby on RIverside, where the two cars involved were taking up half of the road. Cars were still racing by with no regard for the incident!!!!


Comments from folks living in other cities please.







Limeyfly
05.17.10 - 12:06 pm

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Raodblock what does the fact that he was "riding on the sidewalk" have anything to do with anything?

Curious



Limeyfly
responding to a comment by Roadblock
05.17.10 - 12:11 pm

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Hey man, calling the Glendale City Attorney won't do any good.

In Glendale, it's actually the L.A. County DISTRICT ATTORNEY that handles even the criminal prosecution of misdemeanor cases.

Glendale Area Office
600 East Broadway, Rm. 280
Glendale, Ca. 91206
Phone 818-500-3593
Fax 818-548-1392

I was able to get the docket for the case, but it's at my place right now. It doesn't say which D.A. is specifically assigned to the case, only the name of the last D.A. who appeared on the case the day the arraignment was continued.




DJwheels
responding to a comment by Roadblock
05.17.10 - 12:17 pm

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Riding on the sidewalk should not have anything to do with the case. It's unclear what the hell the detective meant by his statement about sidewalk riding and the state vehicle codes.

I think the D.A. ultimately filed it as a misdemeanor (vehicular manslaughter WITHOUT gross negligence) because there probably were no other aggravating factors that would suggest there was GROSS negligence, which usually means reckless disregard for the safety of others. For example, are there any witnesses that can describe how the woman was driving just before the collision? Was she speeding through through the residential area? Was she swerving all over the road?

All we know is that she allegedly went through a stop sign and hit the cyclist. There's no evidence of intent to harm, no evidence of gross negligence (recklessness), no evidence of intoxication.

I know what most people are thinking here. "Running a stop sign in a residential area SHOULD be considered gross negligence...especially when someone is killed." However, absent some strong credible witness statements about how exactly she blew the stop, the best the D.A. can do is file a misdemeanor charge.

Perhaps the pressure on the D.A. should be to offer a plea that demands jail time.



DJwheels
responding to a comment by Limeyfly
05.17.10 - 12:37 pm

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Agree with DJWheels that riding on the sidewalk here shouldn't be a factor at all--this doesn't appear to violate Glendale's prohibition of riding on sidewalk in a "business district." See Googled pix of the intersection.

But to address the larger question, generally, if a cyclist gets hit, but the cyclist was violating a law, then of course there are problematic consequences. I can think of a few:

1. The cyclists will likely be found to be totally or at least partially at fault.
2. That means a minimized enforcement of the driver's indiscretions (if any). Like in this Glendale incident, the driver gets charged with only a misdemeanor--or possibly nothing.
3. If the case is prosecuted, expect a severely reduced plea offer/sentencing despite how egregious the driver's acts were. Again, see Glendale.
4. Definite "blame the irresponsible/scofflaw cyclist for yet another accident" backlash to follow.
5. In a civil action, expect cyclist to be found "contributorily negligent," which will mean a portion of the liability allocated to the cyclist, i.e., reduced damages (if any) for cyclist.
6. Cyclist could also be found to be "negligent per se" in causing the incident--and thereby liable him/herself for any damages to driver, property, 3rd parties, etc. as a result of the incident.

All of the above suck for cyclists.



dudeonabike
responding to a comment by Limeyfly
05.17.10 - 12:56 pm

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word man thanks for the correction!



Roadblock
responding to a comment by DJwheels
05.17.10 - 2:14 pm

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Box made some calls to the Glendale Police Dept. this week about the incident.

Check it out:

Glendale PD Circles the Wagons



DJwheels
05.20.10 - 5:02 pm

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BRAVO TO BOX FOR DOING THIS!!

not only is it important for people to file complaints about the 50/50 at fault determination for our own lives, it will help the family of the victim. 13 months in ICU at even half price is enough to wipe out a who lifetime of savings. The driver should be 100% culpable. I suppose the civil side of this case will be based on the detective's wrongful at fault finding?

Glendale PD got it WRONG in a big way and the DA needs to come correct.



Roadblock
responding to a comment by DJwheels
05.21.10 - 12:13 am

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Box is an absolute pit bull. I want him on my team. Oh wait, he is on my team...:)



alicestrong
05.21.10 - 8:40 am

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Wow, way to keep the pressure on these guys. Amazing that someone could survive that many hours on the phone and still keep their cool.

Or maybe Box didn't keep his cool, and yelled at them so loudly that it scared the Glendale PD into action. Guess we'll never know...



jericho1ne
responding to a comment by Roadblock
05.21.10 - 9:02 am

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Steven Box is a serious hero!



et
05.21.10 - 10:15 am

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I was at the hearing yesterday. I think the pattern seems to be clear that judges are not going to impose jail time in cases where it appears the collision was an accident. I talked to the D.A. afterward and he pretty much broke it down for me like that.

Absent other evidence of prior criminal record, probation violation, bad driving, intoxication, extreme recklessness, jail time just won't be part of the offers from the D.A. or the Judge's sentence.

Margaryan rejected the offer from the D.A.'s office and instead made an open plea to the Judge, much like the Celine Mahdavi case and ended getting a better deal, but only slightly. The only difference between the DA's offer and the judge's sentence was the licensing issue. DA wanted a license suspension, but the Judge offered her a restricted license to drive to work.

Here's what the final sentence was:

1) 3 year Summary probation
2) $300 plus penalty assessment (which means the fine will be more like $1000)
3) 90 days community service (720 hours)
4) Restitution to victim's family
5) court fees (probably another $200-300)
6) Restricted License for Work only

Restitution hearing is October 18.

LA Times

Glendale News Press

I tried to listen in on what the D.A. was telling the victim's family, but couldn't catch all of it. I think they were indeed satisfied with the fact that the criminal case is somewhat over and she will be ordered to pay restitution, but they seemed a little confused by the whole process and the difference between criminal restitution and the civil lawsuit process. Wish I could have talked to them and help explain things in Spanish, but I might have been walking a fine line with the state bar ethical rules and didn't want to chance it.



DJwheels
08.18.10 - 12:27 pm

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A part that seems to be missing is Judges not viewing or having an idea of using public transportation or BICYCLES as a form to commute to and from work... I was at the bicycle summit and individuals there commute to work by choice and one guy who stated the mayor was good looking commutes from echo park to santa monica or westwood.... it can and is being done.... Maybe a concept or legislation the mayor should be promoting is for individuals who cause harm, accident or no accident to lose their license for a period of time (a couple of years) and those individuals should be required to use alternative modes of transportation....

I know certain jobs it may be mandatory to drive...however, most jobs it is not a requirement.... it is a choice and privilege to drive....





dayone
08.18.10 - 12:46 pm

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Such BS.

6) Restricted License for Work only

She should not be able to drive ever again.





Foldie
responding to a comment by DJwheels
08.18.10 - 1:00 pm

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I think you may be onto something: Having the perp commute to and from work, for at least a month by bicycle, to teach them what to look out for and how to navigate the streets with a little more precaution. This could help avoid future incidents by the same culprit, as well as put things into perspective from a rider's point of view. This, would help the current state of affairs between cyclists and motorists, exponentially a lot more than, say, putting them behind bars for 6 months only to have them come out and commit the same mistake again.



Bikekowski
responding to a comment by dayone
08.18.10 - 1:22 pm

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(i think this an awesome idea, im not making fun of it but just think)

How much of a punishment would this lady be getting for getting her FAT ASS out of her benz and onto a bike. This bitch should have gotten at least 10 to LIFE. make her get some shitty prison tats and shave her head. get her into a few fights. It'll be good for her.



Anna.annA
responding to a comment by Bikekowski
08.18.10 - 2:10 pm

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I guess the legal system is sending a message to would be murderers. Use a car instead of a gun.



Foldie
08.18.10 - 2:12 pm

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more like use your car if you have too many spousal abuse charges and can't get a gun.



Anna.annA
responding to a comment by Foldie
08.18.10 - 2:48 pm

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