The Chainlink

Second sentence for running down cyclists include zero jail time

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We are outraged at the insufficient sentences given to Armando Reza and Erik Fabian, who were both convicted of intentionally attacking a bicyclist with his car in Brookfield in 2009. Reza pleaded guilty to aggravated battery with a deadly weapon, yet was sentenced to only 10 days in jail, probation and counseling. Fabian also pleaded guilty to aggravated battery with a deadly weapon and leaving the scene of an accident. He was sentenced to no jail time, just two years of probation. 


The penalty for this type of behavior must fit the crime. In this case, it does not. Violent behavior has no place on our roads. This instance should have served as an opportunity to condemn aggression toward bicyclists, which frequently ends in serious injury or death. Instead, it
reinforces the complacency around traffic violence in our communities. We demand that Assistant State's Atty. Mike Pattarozzi explain why these two men were given sentences that in no way fit the crimes
they committed.


Stay tuned. We will have more action alerts and a letter writing campaign tomorrow.


-Margo

 

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Replies to This Discussion

Permalink Reply by Julie Aberman (Hochstadter) on June 23, 2010 at 6:59pm
just emailed both.
Permalink Reply by Anne Alt on June 23, 2010 at 9:36pm
No, that doesn't make me feel any better.

Ian said:
This will not make anyone feel better, but based on the articles I read, I would guess that Reza was sentenced to jail based on the DUI and his license suspension (minimum mandatory sentence under DUI guidelines), and had nothing to do with the Agg. Batt. charge.
Permalink Reply by Rena on June 24, 2010 at 9:30am
Peak oil is already here. Really high gas prices can't come soon enough for me. This absurd love affair with autos will have to end eventually and alt fuels will never really be an option for mass consumption, thank the stars.
Permalink Reply by GabeW (not the other Gabe) on June 24, 2010 at 10:31am
I don't think this guys behavior had anything to do with a love of cars. Car culture goes back over a century and their energy source is constantly in development (albeit unfortunately slower in some areas than others). Don't confuse the love of the automobile and the use of fossil fuels. If and when an energy source is developed that truly is CLEAN and not raping this planet, you bet I'll want it in a well tuned sports car package I can take to the track. Plus wasn't this guy in an SUV? car guys hate suv's unless they're actually fender deep in mud or something (insert pile of cyclists joke here).

anyway, get back to the real issue here: a person attacked another person with a deadly weapon and wasn't sufficiently punished; and cyclists were ignored as legitimate vehicles on the road along with cars.
Permalink Reply by Julie Aberman (Hochstadter) on June 24, 2010 at 11:03am
GabeW - we've missed you!

GabeW (not the other Gabe) said:
I don't think this guys behavior had anything to do with a love of cars. Car culture goes back over a century and their energy source is constantly in development (albeit unfortunately slower in some areas than others). Don't confuse the love of the automobile and the use of fossil fuels. If and when an energy source is developed that truly is CLEAN and not raping this planet, you bet I'll want it in a well tuned sports car package I can take to the track. Plus wasn't this guy in an SUV? car guys hate suv's unless they're actually fender deep in mud or something (insert pile of cyclists joke here).

anyway, get back to the real issue here: a person attacked another person with a deadly weapon and wasn't sufficiently punished; and cyclists were ignored as legitimate vehicles on the road along with cars.
Permalink Reply by Joel on June 24, 2010 at 11:11am
I agree with Gabe. This had nothing to do with oil or cars. If these goons didn't have a car, they would have taken out their aggression in some other way. They are simply despicable human beings who will forever be a drain on society.
Permalink Reply by Active Transportation Alliance on June 30, 2010 at 4:41pm
Update:

Your voice was heard! All the letters and phone calls to State's Attorney Anita Alvarez prompted her office to call us and shed some light on the cases involving Armando Reza and Erik Fabian, who were convicted of intentionally running down cyclists.

Her office told us that the prosecutor had requested that the two men have harsher penalties, but ultimately it was Judge Carol Kipperman’s decision to give Reza 10 days in jail with two years of probation and Fabian two years of probation.

We have made plans to meet with the State’s Attorney’s Office and we will continue to update you.

You have made our voice into a roar! The State's Attorney's Office told us they were "bombarded" with letters - your letters! They sent a strong message – we belong on the road and we deserve protection. Thank you!

Again, we will keep you updated on what happens next.

Margo
Permalink Reply by Anne Alt on June 30, 2010 at 5:35pm
Thank you for your campaign and update. I'm glad to hear that we've gotten a response from Anita Alvarez. Perhaps this could start some momentum in the right direction. I'll look forward to hearing more when you've got info to share.


Active Transportation Alliance said:
Update:

Your voice was heard! All the letters and phone calls to State's Attorney Anita Alvarez prompted her office to call us and shed some light on the cases involving Armando Reza and Erik Fabian, who were convicted of intentionally running down cyclists.

Her office told us that the prosecutor had requested that the two men have harsher penalties, but ultimately it was Judge Carol Kipperman’s decision to give Reza 10 days in jail with two years of probation and Fabian two years of probation.

We have made plans to meet with the State’s Attorney’s Office and we will continue to update you.

You have made our voice into a roar! The State's Attorney's Office told us they were "bombarded" with letters - your letters! They sent a strong message – we belong on the road and we deserve protection. Thank you!

Again, we will keep you updated on what happens next.

Margo
Permalink Reply by Moc Artsy on June 30, 2010 at 9:59pm
Can we turn our attention to Judge Carol Kipperman and do whatever can be done to publicize her verdicts in this case and work to unseat her when she is up for re-election? Does anyone happen to know if she is elected and will be on the ballot again in the forthcoming mid-term elections? My memory is certainly still that long and I'm sure others on Chainlinnk feel the same way. I am willing to devote time, research and advocacy to this cause, if I can help in any way.
Permalink Reply by Brendan Kevenides on July 1, 2010 at 9:08am
Great effort by the Active Transportation Alliance. I am glad to hear that the state's attorney has agreed to meet with them.

It is, of course, a bit self serving for the prosecutor's office to respond by saying It wasn't us. It was the judge. No doubt Judge Kipperman considered argument on sentencing from the defendants' attorney(s) in coming to her decision. I am curious to know what factors were considered in approving these seemingly light sentences.
Permalink Reply by Anne Alt on July 1, 2010 at 1:06pm
I will be curious to hear what additional details might come to light after ATA representatives have met with Anita Alvarez.

Chicago Bicycle Advocate said:
Great effort by the Active Transportation Alliance. I am glad to hear that the state's attorney has agreed to meet with them.

It is, of course, a bit self serving for the prosecutor's office to respond by saying It wasn't us. It was the judge. No doubt Judge Kipperman considered argument on sentencing from the defendants' attorney(s) in coming to her decision. I am curious to know what factors were considered in approving these seemingly light sentences.
Permalink Reply by dan brown on July 1, 2010 at 1:17pm
I just left a voice mail (call 773 869 2700 instead) and will also follow-up with a modified letter as well.

thanks ATA for helping to get us involved in this.

to paraphrase a great philosopher : "The only thing needed for evil to continue is for good men to do nothing..."

Barry Niel Stuart said:
And I thought our judges and district attorneys in Wisconsin were lax about prosecuting drunk drivers. We had a case in the Town of Raymond where a cyclist by the name of Nancy Sellars was killed. The drunk driver who killed her is probably doing her time at Taycheedah, near Fond du Lac.

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