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 November 11, 2015 at 4:56am

Thanks for keeping this in the public's attention, John.

But why isn't their any reporting of what's happening at the actual court hearing? Why no reporting on this? The silence is deafening.

Permalink Reply by Mike Keating on November 13, 2015 at 10:45am
THE SENTENCING IN THE HECTOR AVALOS CASE IS NOVEMBER 17th. Details below. 
Robert Vais plead guilty recently to Aggravated DUI in the death of Hector Avalos. It is a Class 2 Felony and carries a sentence of 3-14 years with only a possibility of probation and fines of up to $25,000.00. 
At the hearing the Prosecutor, Assistant State's Attorney Shawn Concannon noted that the breathalyzer taken at 2:06 a.m. (over two hours after the fatal crash) was .118. However, THE BLOOD DRAW TAKEN AT ST. ANTHONY'S AFTER THE CRASH CAME BACK AT .152 ACCORDING TO THE TOXICOLOGIST. That is nearly double the legal limit of .08. In other words, Vais was at a high level of intoxication at the time of the crash than his breathalyzer over two hours after the crash. Two hours later he was still at .118. 
At the hearing Vais acknowledge on the record that he was pleading guilty of his own free will and understood that it was a "blind plea" meaning there was no guarantee as to what his sentence would be. Judge Ford will determine his sentence. 
Sentencing is scheduled for November 17, 2015 at 11:00 a.m. in Courtroom 702 (Judge Nicholas Ford) at 26th & California. 
Background information:
http://www.thechainlink.org/forum/topics/m-28-western-ogden-12-6-2013
http://www.thechainlink.org/events/court-hearing-for-defendant-robe... (previous hearing)
Permalink Reply by Bob Kastigar on November 18, 2015 at 6:25am

For anyone who may only be following this thread:

Streetsblog article about the decision:
The judge blamed the victim for wearing dark clothes and referred to the crash as an "accident" but seemed to ignore the fact that Robert's blood alcohol level was 0.152 percent when he got behind the wheel, nearly twice the legal level of 0.08.

“[Vais] has to face the fact that what he did was wrong,” Avalos’ mother Ingrid Cossio said. “He gets a new beginning, a new life, and a new chance to be with his family, so I hope he takes advantage of that opportunity. I don’t get that with my son.”

http://chi.streetsblog.org/2015/11/17/driver-who-killed-cyclist-hec...

Permalink Reply by Bob Kastigar on November 19, 2015 at 9:07am

http://orion.neiu.edu/~rkastig1/Hearing10-15-15.pdf

This not the most recent transcript, it's the most recent transcript that I received from the Official Court Reporters.  Since we're not getting any updates from anyone attending these hearings (if anyone still is) then this is the best we can do for getting any information.

I wonder what Sam Adam, SanHamel's lawyer gets paid.  SanHamel's family seems to be able to afford this.  Even at $1000/month is a cheap "fee" to be paid to keep him out of jail.  The lawyer will accept this just as long as he can.  The States Attorney doesn't seem to be moving very fast in bring this to trial and resuming it.

I'd just like to see better reporting from someone who's actually going to court for these hearings.

Permalink Reply by Maurice on November 19, 2015 at 6:41pm
Well, according to that transcript, Adam wanted a hearing so a pending motion could be ruled on a month ago, but the court refused to set a hearing date, ordered a written reply, and said the court wouldn't rule until December at the earliest.
Permalink Reply by Bob Kastigar on November 20, 2015 at 2:39am

There was another hearing scheduled for October 30th, for which we have no information yet.

Permalink Reply by Bob Kastigar on November 26, 2015 at 5:01am

11/26/2015

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 12/1/2015 at 9:30 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 December 2, 2015 at 3:42am

Did anyone attend this hearing on 12/1?  Is there any information available to share?

Permalink Reply by Bob Kastigar on December 5, 2015 at 5:19am

Was the date for the next hearing scheduled at the 12/1 hearing?  Does anyone know when it will be?

Permalink Reply by Bill Nedza on December 31, 2015 at 3:25am

Can't find any info on the next court date - anyone know??

PLEASE, LET'S MAKE SURE THIS DOES NOT GET IGNORED, SWEPT UNDER THE RUG, ETC.!!!!!

The longer the defendant and his attorney drag this out, the better the odds that he will have to be held accountable for his horrific actions.

Do NOT let this happen, the cycling community needs to stay involved with this matter.

Permalink Reply by Bob Kastigar on December 12, 2015 at 1:30pm

The U.S. Supreme Court said Friday it will review state laws that make it a crime to refuse to take a blood alcohol test if the officer does not have a warrant and will review a challenge to the federal government's ability to define wetlands.

The court took cases from North Dakota and Minnesota to consider whether laws that criminalize the refusal to take a test are constitutional. Those are among 13 - including Illinois - in the country with such a requirement

http://www.chicagotribune.com/news/nationworld/ct-supreme-court-blo...

Will this have any effect on the current case under discussion?

Permalink Reply by Bill Nedza on January 4, 2016 at 10:44am

From Jason Jenkins at the ATA re: the 12/1/2015 court proceedings:

Wanted to send an update from yesterday's proceedings. Went pretty much as expected, brief but signs of progress. It's been decided that the judge who signed the warrant will need to testify, so he will be subpoenaed and testify at the next hearing which was set for January 26th. This will all be in regard to the defense's motion to throw out the search warrant and the corresponding blood alcohol evidence. This will be an important hearing so if you are able to attend it would be helpful.

 

However it will be at a different time than usual, I've only received word that the hearing will be held at the end of the day. I am currently finding out what the exact time is that it will be scheduled for and as soon as I know I will pass that on.

 

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