[nmlci] Re: Cyclist death in Albq.

From: Black Tie Bicyclist <blacktiebicyclist at yahoo dot com>

Subject: [nmlci] Re: Cyclist death in Albq.

Date: Fri, 13 Mar 2009 09:43:06 -0700 (PDT)

I think we all should drive our bikes as motorized vehicles are driven and not try to cross a street "near" an intersection but at the intersection.

It does not say but lights and reflective vests may have helped prevent this tradgic event.

It does sound like the cyclist was not following traffic law. Still leaving the scene of a crash is a crime.

Please take a League of American Bicyclists Smart Cycling Traffic Skills 101 course and urge other cyclists to do the same.

Craig Degenhardt

Front Page news metro

Friday, March 13, 2009

Fatal Hit-Run Scene 'Chaos'

By T.J. Wilham
Journal Staff Writer
       Beverly Towne rushed over to help Ronald Hargrove after he was hit by a car while riding his bike.
    Moments later, a second vehicle hit both of them.
    Hargrove died, and Towne was taken to a hospital, where she was treated for broken ribs and a bruised hip.
    Now, police are looking for the driver of the first vehicle, which sped off after hitting Hargrove.
    "We don't know why he left the scene," Albuquerque police spokeswoman Nadine Hamby said. "Absolutely, if we find (him), he could be charged."
    According to police, as Hargrove, 45, was riding his bike about 7:45 p.m. Wednesday and attempting to cross Zuni near Pennsylvania, he was struck by a dark gray Honda Civic traveling west. The vehicle didn't stop, even though, police say, Hargrove may have been at fault.
    Towne, 35, and her fiance, Daniel Sanchez, 32, were driving on Zuni and saw sparks fly in the air as the bike "cartwheeled" when it slammed to the pavement.
    "He went head over heels and rolled," Sanchez said in an interview. "He was thrown like a rag doll."
    The two quickly rushed to Hargrove, who was lying in the middle of traffic. His bike was several yards away.
    Towne, who had once studied to be a nurse, attempted to help him while Sanchez tried to divert traffic.
    "People were ignoring the speed limit, swerving around us like nothing happened," Sanchez said. "You would think they would have stopped."
    Hargrove was awake and kept thanking Towne, Sanchez said.
    Suddenly, a Cadillac driven by Daryl Wilson, 56, hit both of them.
    The Cadillac ran over Hargrove's head, then struck Towne, who was kneeling and taking Hargrove's pulse. Towne was thrown about 15 feet into oncoming traffic.
    Sanchez quickly rushed to help her, stepping in front of a pickup that almost hit her.
    "That area is just bad," he said. "It is complete chaos. Everyone disregarded the speed, and no one bothered to stop and help."
    Wilson stopped after hitting Hargrove and Towne and told police he didn't see the two in the middle of the road.
    Wilson has not been cited.

--- On Fri, 3/13/09, Martha Hardman <MH at FBDLAW dot com> wrote:

From: Martha Hardman <MH at FBDLAW dot com>
Subject: Cyclist death in Albq.
To: "Clay Davis" <cmdavis at lanl dot gov>, "Khalil Spencer" <khalil at losalamos dot com>, "Trowbridge, Tom P, NMDOT" <TomP dot Trowbridge at state dot nm dot us>, "Khalil J. Spencer" <spencerk at lanl dot gov>, bikefed at aol dot com, "Theresa Cull" <tcull at lanl dot gov>, board at bikeabq dot org, "Witter, Trina" <trina at solsurvival dot com>, andy at bikeleague dot org
Date: Friday, March 13, 2009, 10:07 AM

Read about it in today's Journal.  I would link, but it requires
payment.  Based on the reporting in the Journal, the cops seem to have
already decided the cyclist was at fault.  The APD spokesperson is
quoted as saying they don't know why the driver left, but IF they catch
him or her, he or she COULD be charged."  Could be charged.  How is that
possible?  The statute is pretty straightforward:  if you leave the
scene of an accident (in which you were involved) with injuries or
fatalities, it is a fourth degree felony.  There is no provision
exempting drivers if they happen to hit cyclists or pedestrians.  It
really does seem that the police just don't give a crap if a pedestrian
or cyclist is hit and killed. 

-----Original Message-----
From: Clay Davis [mailto:cmdavis at lanl dot gov] 
Sent: Friday, March 13, 2009 7:04 AM
To: Khalil Spencer; Diane Albert; 'Diane Albert'; 'Trowbridge, Tom
P,
NMDOT'; 'Khalil J. Spencer'; bikefed at aol dot com; 'Theresa
Cull'; Martha
Hardman; board at bikeabq dot org; 'Witter, Trina'; andy at bikeleague dot org
Subject: RE: Santa Fe to add red light cameras

Bad news folks, last night evidently there was a fatal hit and run
vehicle vs. bike in ABQ. While we have had a good time discussing the
pros and cons of red light cameras the death toll marches on. Aside a
fundamental change in our culture and in ourselves we face continued
challenges to our freedoms as imposed "solutions" become ever more
grim.
Clay
At 08:47 PM 3/12/2009 -0600, Khalil Spencer wrote:
>If its unconstitutional, then a court should say so.  Sixth Amendment 
>says you have the right to face your accusers, but also applies it to a

>criminal prosecution. Is there case law that expands that to a traffic 
>violation and an administrative process? My understanding is that 
>Albuquerque and other municipalities skirted that requirement.
>
>Who represents the 40,000 people who are killed every year on our 
>roads, most by traffic violators?
>
>
>
>At 07:16 PM 3/12/2009, Diane Albert wrote:
>>http://www.freerepublic.com/focus/f-news/2187434/posts
>>
>>
>>So Khal, you don't think it's important to be able to face your

>>accuser in court?  That's why these are unconstitional.
>>
>>Also, with the ABQ red (s)camera program, you don't contest the
fine 
>>in a court of law, it's an administrative process, and it's
toally 
>>stacked against any plaintiff.
>>
>>
>>
>>-----Original Message-----
>>From: Khalil [mailto:khalil at losalamos dot com]
>>Sent: Thursday, March 12, 2009 4:45 PM
>>To: Diane Albert; Trowbridge, Tom P, NMDOT; Khalil J. Spencer; 
>>bikefed at aol dot com; Theresa Cull; clay Davis; DAHome; MH at FBDLAW dot com; 
>>board at bikeabq dot org; Witter, Trina; andy at bikeleague dot org
>>Subject: RE: Santa Fe to add red light cameras
>>
>>  I've not heard that these have been removed anywhere on 
>>Constitutional grounds. What would be the grounds?
>>
>>Will be nice to get enough cities to do this for a while and then have

>>enough data to actually assert if they work or not.
>>
>>Khal
>>
>>-----Original message-----
>>From: "Diane Albert" DAlbert at peacocklaw dot com
>>Date: Thu, 12 Mar 2009 12:29:53 -0700
>>To: "Trowbridge, Tom P, NMDOT" TomP dot Trowbridge at state dot nm dot us
>>Subject: RE: Santa Fe to add red light cameras
>>
>> > I hate these things. They are unconstitutional.
>> >
>> >
>> >
>> > ________________________________________________________
>> >
>> >
>> >
>> > Diane E. Albert, Ph.D., J.D.
>> >
>> > Peacock Myers, P.C.
>> >
>> > 201 Third St NW, Suite 1340,
>> >
>> > Albuquerque, NM 87102
>> >
>> >
>> >
>> > (http://www.PeacockLaw.com
<blocked::http://www.peacocklaw.com/> )
>> >
>> > voice: (505) 998-6145; fax: (505) 243-2542
>> >
>> > email: DAlbert at PeacockLaw dot com
>> >
>> >
>> >
>> > NOTE -- ************************************************
>> >
>> > The attorney-client privilege and/or the attorney work product 
>> > doctrine apply to this communication, including all attachments
hereto.
>> > Furthermore, this communication is confidential and intended only

>> > for the named recipient(s).  If you are not a named recipient, 
>> > please delete this communication and notify sender.
>> >
>> >
>> >
>> > ________________________________
>> >
>> > From: Trowbridge, Tom P, NMDOT
[mailto:TomP dot Trowbridge at state dot nm dot us]
>> > Sent: Thursday, March 12, 2009 1:27 PM
>> > To: Khalil J. Spencer; bikefed at aol dot com; Theresa Cull; clay Davis;

>> > DAHome; MH at FBDLAW dot com; board at bikeabq dot org; Witter, Trina; Khalil 
>> > Spencer; Diane Albert; andy at bikeleague dot org
>> > Subject: RE: Santa Fe to add red light cameras
>> >
>> >
>> >
>> > About time, in my humble opinion. I see so, so many red-light 
>> > runners here that hopefully this will get the violators'
attention.
>> >
>> > Tom
>> >
>> >
>> > -----Original Message-----
>> > From: Khalil J. Spencer [mailto:spencerk at lanl dot gov]
>> > Sent: Thu 3/12/2009 12:58 PM
>> > To: bikefed at aol dot com; Theresa Cull; clay Davis; Diane Albert; 
>> > spencerk at lanl dot gov; MH at FBDLAW dot com; board at bikeabq dot org; Witter,
Trina;

>> > Trowbridge, Tom P, NMDOT; Khalil Spencer; dalbert at peacocklaw dot com;

>> > andy at bikeleague dot org
>> > Subject: Santa Fe to add red light cameras
>> >
>> > Smile, you are on red light camera!
>> >
>> >
http://www.santafenewmexican.com/Local%20News/Council-OKs-red-light
>> > -came
>> > ras
>> >
>> > Khalil J. Spencer
>> > Chemistry Division, Analytical Chemistry Group Team Leader, Mass 
>> > Spectrometry Los Alamos National Laboratory P.O. Box 1663, MS
G740 
>> > Los Alamos, NM 87545
>> > 505-665-2418
>> > fax 505-665-4737
>> > spencerk at lanl dot gov
>> >
>> >
>> >
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>> >
>> >
>
>Khalil J. Spencer
>1799 Camino Uva
>Los Alamos, NM 87544
>505-661-8141
>LAB Cycling Instructor #1173
>http://www.labikes.blogspot.com
>

Clay M. Davis CIH, CSP
DDL IHS - DO
505-665-9225 wire
505-231-5597 cell

t