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Truly a sad night. I hope this inspires others to keep biking and not hinder
My assumption would be it was ruled an "accident" because the driver did not "intentionally" hit the bicyclist. The driver was obviously still being grossly/criminally negligent, which is why he is being charged with aggravated DUI and reckless homicide for the fatal accident. Nothing in the article suggests he "intentionally" ran the cyclist down, however. If he had acted intentionally, rather than negligently/recklessly/accidentally, we'd be talking about first degree murder.
edit: Oh, and I agree "crash" is a much more accurate descriptor for this type of thing. That's just not the term the police generally use when investigating and charging, however.
Rhea Butcher said:Glad that he is hit with the charges "reckless homicide and aggravated DUI", but why later in the article is it ruled an "accident"?
So sad.
Very sad, my prayers go out the Mr. Kobrick's family and loved ones.
And they still use the term "accident" in the article regarding the McBride case as well, unfortuntaely. When something is being charged and procescuted as intentional conduct, it's really a stretch to term the collision as an "accident" in my opinion. The legal definition of accident is really only meant to apply to an "unintended" or "unforeseen" injurious occurrence--something that was proven completely untrue in the McBride case.
Anyway, semantics aside, I hope that the State gets a conviction on the drunk driver in the Pilsen incident and that he goes away for a long time.
Juan said:
Tom McBride was set as an example of being intentionally killed.
ad said:My assumption would be it was ruled an "accident" because the driver did not "intentionally" hit the bicyclist. The driver was obviously still being grossly/criminally negligent, which is why he is being charged with aggravated DUI and reckless homicide for the fatal accident. Nothing in the article suggests he "intentionally" ran the cyclist down, however. If he had acted intentionally, rather than negligently/recklessly/accidentally, we'd be talking about first degree murder.
edit: Oh, and I agree "crash" is a much more accurate descriptor for this type of thing. That's just not the term the police generally use when investigating and charging, however.
Rhea Butcher said:Glad that he is hit with the charges "reckless homicide and aggravated DUI", but why later in the article is it ruled an "accident"?
So sad.
RIP to the victim and very sincere condolences to family and friends. horrible tragedy.
All - let's be vigilent and stick together. every time a cyclist is hit and injured or worse (killed); a little bit of us dies inside. and let's hope that our twisted justice system can see fit to rule fairly in this one - for everyone's sake.
DB
I've been contacted by the victim's mother requesting a Ghost Bike.
Who wants to work on this?
Howard, do you know how to reach me? I feel that I sould
be involved in Ghost Bikes. My wives good friend lives in Pilsen and could help with this instalation and beyond.
soud'side said:
Need help making a sign
Possibly planning and publicizing an installation event if the mom so desires.
Possibly planning a build event that the victim's friends can participate in.
Kind of looking to find folks willing to help and take it to off-forum communication.
People have a way of expressing interest and then disappearing when action-oriented planning is attempted on an open discussion forum.
Anyone besides Ken?
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