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 Skip Montanaro 0mi on June 23, 2015 at 11:49pm

> Twelve people showing up at a pretrial status hearing shows that the case is far from forgotten.

I'm not sure people not in attendance at these hearings were aware of this. Does the "respect the wishes of the Cann family" extend to not mentioning that people attended a hearing (and how many)?

Permalink Reply by Yasmeen on June 23, 2015 at 7:43am

Article on DNAinfo.com with a follow up on the protected bike lane:
It's been more than two years since Bobby Cann was struck and killed by an allegedly drunk driver while riding his bike down Clybourn Avenue.

On Monday, Illinois Department of Transportation workers started work on installing curb-protected bike lanes along the route that 26-year-old Cann was riding.

The new curb-protected lanes are a step up from the lanes along Kinzie Downtown as they will separate vehicles and bicycles with three-foot-wide concrete medians that will run the length of Clybourn and onto a stretch of Division Street.

When Cann's mother, Maria Cann, heard that the project was finally underway Monday she was elated.

"Bobby would be so honored to know that something positive came from this," Maria Cann said. "That would make Bobby so happy."

The project is being viewed as an experiment, according to IDOT, as it's the first of its kind constructed by the state transportation agency.

Read the full article: https://www.dnainfo.com/chicago/20150623/old-town/businesses-bikers...

Permalink Reply by Bob Kastigar on June 24, 2015 at 1:50am

Cameron and Kevin C:  if you hate this thread, why are you following it?  I think this thread is dominated by comments from people who are critical of the discussion and don't want to see the hearings discussed..  

This is a criminal case, not a civil case.  The difference was discussed earlier in this thread, back on 9/22/13 on Page 5.  This case isn't about Bobby Cann, it's about Ryne Sanhamel.  Sanhamel is the one on trial.  Sanhamel will be the one affected by the outcome of this case.  

SixtyTwoPercent said it earlier:  "This issue is bigger than the individual or his survivor family. It is about getting the maximum sentence for the crime."  It's also about trying to make the streets safer for all of us.

Eli said "For many of us, the need to keep a roof over our heads and food on the table stops us from attending these. I resent the implication that only those cyclists sufficiently privileged to take a day off work for every court date deserve to know what's going on in a case which is of concern to everyone. This is a public proceeding of a public body. It is not the private property of any one group."  

The Court Advocates is still a large group, tho the actual number attending these hearings has been shrinking. There is probably a private discussion among them, and reports from Jason Jenkins to the Court Advocates.  I haven't gotten an e-mail from Jason for several months - not doubt because of concern that I might share the information publicly.  This small, elite, private group isn't required to share the information.  I disagree with their "Vow of Silence" but I respect their right to exercise this practice.  I, too, appreciate what the Court Advocates are doing, which many of us that "need to keep a roof over our heads and food on the table" cannot do. The continuous suggestion that "anybody is free to show up in court" isn't contributing anything except to further fan the flames, and suggests a criticism of those who don't go to court.

There is still an active petition to Anita Alverez to encourage avoidance of a plea bargain.  When you sign, a message that you signed will be sent to the States Attorneys office.
http://petitions.moveon.org/sign/no-plea-bargain-for-ryne?source=c....  (Currently over 5600 signatures, several recent, within the last month or two.)

You can also go to VINE (Victim Information and Notification Everyday) at https://www.vinelink.com/vinelink/siteInfoAction.do?siteId=14003 and sign up for notification for court dates by e-mail or by phone.

Some, not all, of the transcripts are available.  It takes about a month for the transcripts to be made available.  I'm still waiting for notification of additional transcripts to come.

http://homepages.neiu.edu/~rkastig1/Hearing09-04-14.pdf
http://homepages.neiu.edu/~rkastig1/Hearing10-30-14.pdf
http://homepages.neiu.edu/~rkastig1/Hearing12-04-14.pdf
http://homepages.neiu.edu/~rkastig1/Hearing01-15-15.pdf
http://homepages.neiu.edu/~rkastig1/Hearing02-10-15.pdf
http://homepages.neiu.edu/~rkastig1/Hearing03-12-15.pdf
http://homepages.neiu.edu/~rkastig1/Hearing04-14-15.pdf
http://homepages.neiu.edu/~rkastig1/Hearing04-20-15.pdf

I just noticed: at the end of each hearing, the court date for the next hearing is established.  Evidently the "gag order" extends so far that the Court Advocates aren't even allowed to share the date of the next court appearance of Sanhamel!


Permalink Reply by Bill Nedza on July 16, 2015 at 4:17am

Once again, I have to thank Bob for what he's done and is doing.  It's sad to see people behind their keyboards bash another person on this forum.  If we basically all want the same thing, why would any of us think we know what's best for everyone?  

Keep is simple.

Justice for Bobby and his family - personally that means prison time for the defendant, and hopefully a civil suit that pays Bobby's family some type of monetary damages.

Recognition that we need better laws, safer streets, etc., and action to make that happen.

Continued awareness of this case and everything surrounding it.

How we get there isn't the issue, and being hostile and inconsiderate either on this forum or in any other way to others demeans the entire issue. 

 

Permalink Reply by Bob Kastigar on July 11, 2015 at 2:36am

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 3:41am

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 1:42am

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 2:02am

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 2:05am

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 3:54am

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 4:11am
Permalink Reply by Bob Kastigar on July 29, 2015 at 3:42am

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...

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