The Chainlink

Bobby Cann Updates: Ryne San Hamel Pleads Guilty, Receives 10 Days in Jail

Jason Jenkins at ActiveTrans is helping to coordinate community response.  If there is any chance you can attend proceedings, please reach out to him: 

jason@activetrans.org.

 

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Permalink Reply by Bob Kastigar on July 11, 2015 at 8:36am

7/11/2015

This e-mail is to inform you that there is an upcoming court event involving the defendant Ryne Sanhamel and case number 13CR1355001.

A hearing has been scheduled for 7/16/2015 at 10:00 AM. This will take place in Circuit Court 127, located at the following address: 2600 South California Ave, Chicago, IL .

Please be aware that there are often multiple cases set on a particular date in this court. The case you are involved in may not be reached on the scheduled day. You may want to check for updates to this information by periodically calling the VINE service or visiting www.vinelink.com.

For more information, contact the county clerk's office.

Thank you,

Cook County Automated Victim Notification System

Permalink Reply by Domenica Cresap on July 17, 2015 at 9:41am

And finally a beautiful weekend to ride!! Get out from behind the keyboard and ride!

Permalink Reply by Bob Kastigar on July 19, 2015 at 7:42am

7/19/2015

This e-mail is to inform you that there is an upcoming court event involving the defendant Ryne Sanhamel and case number 13CR1355001.

A hearing has been scheduled for 7/24/2015 at 10:00 AM. This will take place in Circuit Court 127, located at the following address: 2600 South California Ave, Chicago, IL .

Please be aware that there are often multiple cases set on a particular date in this court. The case you are involved in may not be reached on the scheduled day. You may want to check for updates to this information by periodically calling the VINE service or visiting www.vinelink.com.

For more information, contact the county clerk's office.

Thank you,

Cook County Automated Victim Notification System

Permalink Reply by Bob Kastigar on July 19, 2015 at 8:02am

Not directly related, but a similar case...

Driver Who Killed Cyclist Hector Avalos May Accept a Plea Bargain

http://chi.streetsblog.org/2015/07/17/driver-who-killed-cyclist-hec...

Start of the story:

A key hearing in the criminal case against the driver who allegedly struck and killed cyclist Hector Avalos while drunk will take place on August 20.

Robert Vais was charged with a felony aggravated DUI and two misdemeanor DUI charges in the wake of the December 6th, 2013 crash. Vais has asked the judge for a “402 Conference,” a conference between his lawyer, the prosecutor, and the judge, which could pave the way for a plea bargain.

It’s critical that there be a strong turnout at the hearing from supporters of the Avalos family, including members of the bike community, to let the judge know they want to see justice served. If Vais is guilty of taking a life while driving drunk, he must not be let off with a slap on the wrist.

Permalink Reply by SixtyTwoPercent on July 19, 2015 at 8:05am

Bob, thank you for the update above as well as the note on Hector Avalos. Your updates are appreciated. 

Permalink Reply by Yasmeen on July 19, 2015 at 9:54am

If you are able to go, this court date is very important for the Hector Avalos case. His family has asked if we can go and show our support. I am attending the court date. Equally as important as the Bobby Cann case. 

http://www.thechainlink.org/events/court-hearing-for-defendant-robe...

Permalink Reply by Bob Kastigar on July 25, 2015 at 10:11am
Permalink Reply by Bob Kastigar on July 29, 2015 at 9:42am

Homicide Charge Dropped in Cann Case; Driver Still May Get Stiff Sentence

At a hearing on Friday, a judge dismissed reckless homicide charges against Ryne San Hamel, the driver who fatally struck cyclist Bobby Cann while allegedly drunk and speeding. While this decision represents a setback in the case against San Hamel, he is still charged with aggravated DUI resulting in a death, which carries a potentially heavier sentence.

On the evening of May 29, 2013, Cann, 26, was biking from work when San Hamel, 28, struck and killed him at the intersection of Clybourn Avenue and Larabee Street in Old Town. According to police, San Hamel was driving 50 mph and had a blood-alcohol content of 0.127, well above the legal limit of 0.08. He had been arrested on alcohol-related charges while driving, including a DUI, on two previous occasions and received relatively light penalties, according to a Chicago Reader article.

After San Hamel struck Cann, in addition to the reckless homicide and aggravated DUI charges, he was charged with misdemeanor DUI, reckless driving, and failure to stay in the lane. Last fall, San Hamel retained defense lawyer Sam Adam Jr., whose previous clients include ex-governor Rod Blagojevich and R&B star R. Kelly.

Adam recently filed a number of motions, including the motion to dismiss the reckless homicide charge. He asserted that the charge was not specific enough for San Hamel’s team to adequately prepare his defense, according to Cann family attorney Kate Conway. While it might seem obvious that speeding while intoxicated is reckless, Adam argued that these actions weren’t sufficiently spelled out in the indictment.

Judge William Hooks agreed that the charge was too vague. However, he dismissed the charge “without prejudice,” which means that the Cook County State’s Attorney can potentially re-indict San Hamel with more specificity in the future, Conway said. “It’s certainly not an end to the case, it’s simply an end to one of the indictments.”

Tandra Simonton, a spokeswoman for the State’s Attorney’s office, did not say whether Assistant State’s Attorney Maria Augustus, who is prosecuting the case, plans to re-bring the reckless homicide charges. However, Simonton noted that the aggravated DUI charge is the more serious felony. “We’re still moving forward with the case,” she said.

Damon Cheronis, a local criminal defense attorney who is not involved with the case, explained why the remaining felony charge carries the potentially heavier sentence. Reckless homicide without specific aggravating factors – such as if the crash took place in a school zone or a work zone, or if the victim was a law enforcement officer — is a class 3 felony with a sentence of two-to-five years, Cheronis said. The sentence is subject to early release for time served or good behavior.

In contrast, aggravated DUI resulting in a death is a class 2 felony with a sentence of three-to-fourteen years, according to Cheronis. The defendant must serve at least 85 percent of the sentence in prison. Probation is usually is not an option.

Moreover, Illinois generally does not enforce sentences consecutively, Cheronis said. Therefore, even if San Hamel was found guilty and sentenced on all of the charges, he would probably only serve the maximum time for any one of the charges.

Conway said that while Hooks’ ruling is unfortunate, it does not mean San Hamel will be let off with a slap on the wrist, as was the case with his previous alcohol-related charges. “The fact that the motion was granted was not what his supporters wanted, and there was disappointment in the room,” Conway said. About a dozen people attended Friday’s hearing in support of the victim’s family. “But we remain committed and eager to see justice done.”

The next hearing will take place on Tuesday, August 11, at 10 a.m. at the Cook County courthouse, 26th Street and California Avenue, Room 301.

From John Greenfield's Streetblog Chicago:

http://chi.streetsblog.org/2015/07/28/homicide-charge-dropped-in-ca...

Permalink Reply by Bob Kastigar on August 7, 2015 at 12:32pm

In the long series of pre-trial hearings before the criminal trail against Ryne Sanhamel, here is the most recent transcript, from July 24th.  As far as I can tell, this is the most recent transcript:

http://homepages.neiu.edu/~rkastig1/Hearing07-24-15.pdf

It's long, about 40 pages.  This is the hearing where the reckless homicide charge was dismissed.

At a hearing on a Friday, a judge dismissed reckless homicide charges against Ryne San Hamel, the driver who fatally struck cyclist Bobby Cann while allegedly drunk and speeding. While this decision represents a setback in the case against San Hamel, he is still charged with aggravated DUI resulting in a death, which carries a potentially heavier sentence.

Permalink Reply by Active Transportation Alliance on August 7, 2015 at 12:26pm

Hello all,

This is a reminder and special plea to attend next Tuesday's hearing on 8/11. We have received a strongly worded message that it will be a very important hearing and your presence will be extremely valuable in court. I don't know the exact content of the hearing, but I believe it may be dealing with the motion to quash the warrant to draw the blood of the driver for the Blood Alcohol Content test. If you have been meaning to attend but haven't been able to make it now would be a great opportunity to support and make an impact. So please come. You do not need to have received training as a courtroom advocate to attend, court is open to the public.

If you need a ride or are able to assist others in getting to court or are unsure about how to get to court please let me know and I will assist in any way possible.

The hearing is at:

Cook County Criminal Courts

2650 South California

Rm 301, 3rd floor

Tuesday, August, 11th

10am

Important Details:

Please arrive extra early, by 9:00-9:15 if possible to get through security and to get as many seats as possible. Seating is limited and there will be other attendees for other cases to contend with. 

If possible leave your cellphone at home or tucked out of site in your vehicle, you will not be allowed to bring it through security. (There are coin-op lockers available for storing cell phones but availability is limited).

If you are driving there is a parking garage directly across from the court building, it is free if you tell the attendant you are a courtroom advocate. Please let me know if you are driving and have room to give others a ride. There is a Pink Line stop at California and 21st and a DIVVY station as well as a DIVVY station right in front of court. The #94 California Bus also stops right in front of the court building and runs very regularly. So there are many ways to get to the location. 

Also please bring a bike helmet if possible to identify yourself as being in support of the victim.

If you have any questions or concerns please let me know and please shoot me a note if you think you can make it. Thank you for your support. 

Jason Jenkins
Education Specialist/Crash Support Programs
Active Transportation Alliance
9 W. Hubbard Suite 402
Chicago, IL. 60654
p. 312.216.0469
 
Request a bike/ped safety presentation: http://www.activetrans.org/education-specialist/request
Permalink Reply by Bob Kastigar on August 7, 2015 at 12:50pm

Also please bring a bike helmet if possible to identify yourself as being in support of the victim.

I went to a hearing at the courthouse in Skokie some time ago, related to bike thefts.  At the time the helmets weren't permitted in the courtroom. They had to be check in when entering the building. Are they permitted to be worn in the 26th & California court?

Permalink Reply by Active Transportation Alliance on August 7, 2015 at 12:52pm

They have been allowed in the past.

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