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 Caiken on January 27, 2017 at 6:23am

I would like to politely push back on this, because I almost certainly believe that in the Avalos case, it would not have mattered. And as someone who has worked for DUI specific attorneys, the greater risk to us (and indeed, other users of the road, including drivers) is that this man will absolutely get behind the wheel of a two-ton vehicle again.

A friend of mine posted an article about a case in Detroit where a black man hit two cyclists (seriously injured) and was sentenced to jail time and probation. (http://www.wxyz.com/news/region/detroit/man-who-hit-two-bicyclists-...). He made the observation that it was unlikely any sentence would be meted out in the McCann case, and about our justice system that exists for the powerful, and then stratified for everyone else. 

I will always advocate for safe, sane and harm-reductive cycling. But this case is only further proof that there will be no safety vest, light or reflector that will protect me or ensure a just response if I'm killed in a DUI by someone like San Hamel. It was said elsewhere in this thread, and I've known for a long time this justice system is so broken. Avalos and his family were doomed by that administrator's privilege and connections--I have nothing but heartache for McCann's family, friends and supporters that they had to endure such a long search for justice and got this (and had the resources to do so). It may be callous, but a case like Bobby McCann's, with resources and support and publicity, receives this outcome, cyclists and pedestrians who are killed by individuals among San Hamel's ilk have so little hope. And it is up to advocates and supporters to keep yelling and being angry about it, looking at the intersectionalities of privilege and broken systems that have a real impact on our transportation system, and do the work. 

Permalink Reply by Skip Montanaro 0mi on January 27, 2017 at 7:25am

"I would like to politely push back on this, because I almost certainly believe that in the Avalos case, it would not have mattered. And as someone who has worked for DUI specific attorneys, the greater risk to us (and indeed, other users of the road, including drivers) is that this man will absolutely get behind the wheel of a two-ton vehicle again."

That's my biggest fear. As I've been collating cycling deaths, I've been struck by how many seem to be DUI or distracted driving cases, and how many were hit-and-run incidents (which kind of implies the driver wasn't in the right frame of mind at the time of the collision). These are precisely the kinds of cases from which we can do little to protect ourselves. We absolutely need strong deterrents to keep people like San Hamel off the road for as long as it takes to protect the public. No amount of flashing lights, bright clothing or careful riding is going to do much good if the driver has a blood alcohol level of 2x or 3x the legal limit. In the Kalamazoo case from last June (which started me on tracking these tragedies), I believe the driver was found to have multiple substances in his system. Based on numerous reports, the police were actively searching for this guy. Tragically, they didn't find him in time, and it cost five experienced cyclists their lives. In broad daylight, just like this case.

If someone can make the connection (I haven't the slightly idea how to do it), I'd be more than happy to participate in a meeting with Kim Fox to try and get a better understanding what went wrong in this particular case and what can be done in the future to prevent others like it, and push for stiffer penalties. I'm afraid, that as imperfect as it is, the legal system is the only real protection we have from unsafe drivers like Ryne San Hamel.

Permalink Reply by Bob Kastigar on January 27, 2017 at 4:17am

This is the first I've heard of a video being available.  Has anyone seen it or is it available to the public?

It's possible to enter an intersection when the light is green (or yellow) and still be in the intersection when the light changes to red.  Cars do this frequently, tho they aren't in the intersection for very long.  For cyclists, it's another matter: we travel slowly so it takes us longer to exit the intersection. 

Is this what happened to Bobby Cann, and why he is being partially blamed for the crash?

What's next?  Will cyclists be required to stop on a green light and wait until the light cycles thru so that they enter the intersection at the start of a green light, and not in the middle or end of the green period?

Permalink Reply by Yasmeen on January 27, 2017 at 4:28am

I've been following the case closely and I missed this too (article from 2014):

http://chi.streetsblog.org/2014/03/06/video-shows-bobby-cann-crash-...

Since the video hasn't been publicly available, it's hard to say exactly what happened. 

Permalink Reply by Bob Kastigar on January 27, 2017 at 5:00am

One page back, Duppie said:

"I went to the hearing today.

A video was shown to the attorneys, defendant, and judge. They all seemed to agree that:"

Was this video shown only to the attorneys, defendant and judge?  Was it part of the hearing process but not made public?  Did the attorneys, defendant, and judge agree to keep this video suppressed?  If so, why?

In retrospect this process seems to have been handled very strangely and secretly.

Permalink Reply by Mike Schwab on January 28, 2017 at 8:52am

If they don't put in a bicycle green / yellow / red light, how about having a steady don't walk signal mean bicycles must not enter the intersection?

Permalink Reply by Bob Kastigar on January 28, 2017 at 1:56am

Tribune story, emphasizing the "cyclist ran a red light" story.

http://www.chicagotribune.com/news/local/breaking/ct-jail-old-town-...

Permalink Reply by CITGO Cycling on January 28, 2017 at 12:11pm

This case and the Wendling case in Morris last summer (http://www.theherald-news.com/2016/09/21/wrongful-death-complaint-f...) are further proof that laws need to be changed to protect cyclists.  I will be urging the Joliet Bicycle Club leadership to start the process.  I hope we can urge other clubs to join the effort.  There is strength in numbers.  Perhaps together we can start a movement to raise awareness and make change for our safety,... Bike Lives Matter!   

Permalink Reply by Juan 2-3 or more mi. on January 28, 2017 at 6:41pm

Wow, "Bike Lives Matter".

Glad you can get the gist of it.

I was reprimanded for posting "Bike Lives Matter". Ha ha ha :(

Permalink Reply by Yasmeen on January 29, 2017 at 5:29am

Juan, I noticed and as the others had posted before, I'm still not a huge fan of saying "bike lives matter". I think we can find a better phrase for us that isn't as complicated as borrowing from "Black Lives Matter". 

Permalink Reply by Juan 2-3 or more mi. on January 30, 2017 at 2:00pm

Something to work on for sure Yasmeen. It feels helpless to not have a voice or a good slogan as a person who chooses to ride a bike for transport among many other things.

Permalink Reply by Bob Kastigar on January 30, 2017 at 3:12pm

"Share the Road" doesn't work.  Drivers interpret that to mean "Get out of the way, your blocking the road and not sharing it."

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