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2009-10-12 2:05 PM

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Subject: California road rage trial to start this week.
Y'all recall the Calif. ER physician that got in front of two cyclists descending a local canyon here, slammed on his brakes, one went thru the back window, the other over the car....

Felony trial starts this week

http://beta.velonews.com/article/99128/california-road-rage-case-heads-for-court


2009-10-12 3:09 PM
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Subject: RE: California road rage trial to start this week.
Hey thanks, was wondering about this.

So does he make a plea or get his verdict from a jury?

Any idea if there are civil actions against him?
2009-10-12 3:11 PM
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Subject: RE: California road rage trial to start this week.
Donto - 2009-10-12 4:09 PM Hey thanks, was wondering about this.

So does he make a plea or get his verdict from a jury?

Any idea if there are civil actions against him?


Thompson pleaded not guilty to the charges against him on January 15. Final pre-trial motions will take place on Tuesday. A jury is to be selected on Wednesday, with opening arguments scheduled for Thursday.

It will be a jury trial --- very interested to see how this plays out.  As far as civil actions -- don't know, but I would think so. One, there is usually more money in civil trials (there is restitituion in criminal cases, but it's more common in civil as far as judgment). Two, the burden of proof is lower --- preponderance of the evidence instead of beyond a reasonable doubt.

His comments to the police: being "tired of [cyclists]" and saying that he stopped in front of the cyclists to “teach them a lesson" were stupid.

anyhow, thanks for he heads up, Chris -- I'll be curious to see how this pans out.



Edited by trishie 2009-10-12 3:15 PM
2009-10-12 10:02 PM
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Subject: RE: California road rage trial to start this week.

I'll be surprised if he gets convicted -- most likely a hung jury, though I do hope I'm wrong.  He can afford a quality attorney.

2009-10-12 10:05 PM
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Subject: RE: California road rage trial to start this week.
i vote kill the guy...
2009-10-13 8:58 AM
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Subject: RE: California road rage trial to start this week.
I am sure civil suits will follow. Typically you go with the criminal actions first. If you win that, its much harder to lose the civil due to the lower standard of proof (as noted above). If they dont sue him with a civil, the insurance companies will!


2009-10-13 10:03 AM
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Subject: RE: California road rage trial to start this week.
i say they move the trial to Texas....there will be no court costs or attorney fees....we'll just take him out back for a good ole' woopin'.....what a moron!

have the cyclists recovered from their injuries? are they fellow BT'ers?

We all have to watch out for these kind of idiots....they are out there!

Stay Safe!

jb
2009-10-21 2:44 PM
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Subject: RE: California road rage trial to start this week.

http://www.velonews.com/article/99475/defense-attorney-cross-examines-cyclists-in-la-road-rage

 

A prime example of why to avoid confrontation with a crazed person behind the wheel.  Easier said than done sometimes when someone surprises you with hostility.

2009-10-21 2:59 PM
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Subject: RE: California road rage trial to start this week.
No doubt.

But if the officer's testimony stands up to cross, the good doctor is toast
2009-10-21 3:09 PM
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Subject: RE: California road rage trial to start this week.
Chris..thanks for sharing the trial is about to start. I am curious what the outcome will be. It was stunning what he did and his excuse.
2009-10-21 3:25 PM
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Subject: RE: California road rage trial to start this week.
I hope they get a conviction, but a jury trial makes me nervous.  In the wake of a local cycling death this summer (happened during a tri), I've been unpleasantly surprised by the negative attitudes quite a few people have towards cyclists on the road.  Hopefully things are different in CA.


2009-10-21 3:30 PM
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Subject: RE: California road rage trial to start this week.

If found guilty, then the medical board should revoke his medical licences as well since he took oath to help patients instead of hurting them.

2009-10-21 3:31 PM
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Subject: RE: California road rage trial to start this week.
I'm going to venture a prediction that the doc gets off with a stern warning, if that. Jurors will tend to empathize with him. He's an ER doctor who saves lives on a daily basis and did what they've all wanted to do -- get back at the pesky cyclists. It's a sad fact but people just do NOT like us and don't see us as people when we're on the bike.
2009-10-22 1:39 PM
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Subject: RE: California road rage trial to start this week.
I have a little more faith in the jury system, I am betting on a conviction.   Officer held up well apparently during cross.  I doubt the doctor will take the stand

http://www.velonews.com/article/99513/-i-want-to-teach-them-a-lesson---road-rage-trial-resumes#
2009-10-22 2:22 PM
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Subject: RE: California road rage trial to start this week.
I have been wondering what was going on in this case. Glad to see it is going so well. The defense attorney definately seems out to vilify the cyclists. The cyclists at least were honest in their responses about how the acted and that cussing and flipping him off were not the best ideas. However I hope the jury can see that flipping someone off does not equate to causing such harm through such an act as stopping your car in front of them. I will be interested to see how the jury votes.

Also wondering how the trial of that guy who hit the 5 cyclists up in Canada turned out. Anyone know the details there?
2009-10-22 2:27 PM
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Subject: RE: California road rage trial to start this week.
I'd be shocked if he wasn't convicted.  Given that the prior incident is also being prosecuted, the jurors would have to discount both the testimony of the officer at the scene, attesting to intent to cause harm, AND the testimony about the previous case, which indicates this isn't just some guy who'd finally had enough and just suddenly snapped, out of the blue.


2009-10-22 3:10 PM
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Subject: RE: California road rage trial to start this week.
tcovert - 2009-10-22 12:27 PM I'd be shocked if he wasn't convicted.  Given that the prior incident is also being prosecuted, the jurors would have to discount both the testimony of the officer at the scene, attesting to intent to cause harm, AND the testimony about the previous case, which indicates this isn't just some guy who'd finally had enough and just suddenly snapped, out of the blue.


There is also the 911 tape of his call after he did it. 

"Stone then played Thompson’s 911 call in which Thompson can be heard saying, “Get your bike out of the road, why don’t you?”

“There are three bikers in the road. They flipped me off. I slammed on my brakes.”

When the operator asked if there were any serious injuries, Thompson responded, “not really, but they’ll tell you that.” '

Pretty hard to argue he did not do it when they have his voice on the tape stating the fact that he did.

2009-10-22 4:21 PM
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Subject: RE: California road rage trial to start this week.
This case to be honest really freaks me out....

What's wrong with people? 
2009-10-22 4:40 PM
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Subject: RE: California road rage trial to start this week.
I live in California and I'm an attorney. Guess what, juries usually get it right. I'd be surprised if this guy got off. The prosecutor would really need to screw this up to lose. I think in a worst case scenario you have 1 or 2 holdouts, get a mistrial, and then he gets tried again. Aside from all of the admissions/evidence, the guy sounds like a hatable piece of crap. The jury will not save him.
2009-10-22 5:13 PM
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Subject: RE: California road rage trial to start this week.
The cyclists showed poor judgement...but that is not an excuse for assault with a deadly weapon, which I assume this is...

I hope the doc does time. No excuse.

So, I usually ride alone, what are the general laws about 2 abreast, 3 abreast etc? Is it law to ride single file? Either way I certainly enjoyed touring in Nova Scotia. WOW the drivers were SO polite...to be balanced by today when I was running (brick)...was off the road on the grass. Guy in truck has eye contact with me and does a "little swerve" towards me...what an ultra-maroon!
2009-10-22 5:43 PM
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Subject: RE: California road rage trial to start this week.
tcovert - 2009-10-22 3:27 PM I'd be shocked if he wasn't convicted.  Given that the prior incident is also being prosecuted, the jurors would have to discount both the testimony of the officer at the scene, attesting to intent to cause harm, AND the testimony about the previous case, which indicates this isn't just some guy who'd finally had enough and just suddenly snapped, out of the blue.


I would be shocked if the jury doesn't nail him as well.  There is malice, history of similar behavior, and an apparent lack of remorse afterwards evidenced by his remark about getting the bike out of the road.  That guy is going to get hit hard even if the trial is in California.

Regarding other comments about juries usually getting it right, I can concur.  My company was recently sued by an individual for a personal injury that had nothing to do with the design of our product or the way I specified it was built.  But, we were the big billion dollar corporation in the courtroom pitted against the guy that came in with a cane.   He wanted $1.5 million, I believe and had spent almost $500,000 on attorney's fees pursuing the case.  The jury awarded him nothing.  Everyone hears stories about multi million dollar settlements awarded by juries from deep pocketed corporations for flimsy cases, but I don't think it happens as much as people think.  Most juries try to be as fair as possible.

Greg


2009-10-22 5:58 PM
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Subject: RE: California road rage trial to start this week.
RiverRat50 - 2009-10-22 7:13 PM The cyclists showed poor judgement...but that is not an excuse for assault with a deadly weapon, which I assume this is...

I hope the doc does time. No excuse.

So, I usually ride alone, what are the general laws about 2 abreast, 3 abreast etc? Is it law to ride single file? Either way I certainly enjoyed touring in Nova Scotia. WOW the drivers were SO polite...to be balanced by today when I was running (brick)...was off the road on the grass. Guy in truck has eye contact with me and does a "little swerve" towards me...what an ultra-maroon!


Even in Nova Scotia you certainly have run ins, usually in rural areas with a car/truck full of teens. I'm glad you experience here was positive. The best place I've ever ridden was France where drivers have true respect for cyclists and give them a wide berth. Fellow motorists, however, might get 6 inches going in opposite directions at 80 KM/H on a narrow road. That is frightening.

I don't get this Doc in California. I suspect he needs come counseling and I know the cyclists need to wake up and ride smarter.

 from the Ottawa cycling club-

  Traffic and road conditions dictate when to ride single file. If motorists are experiencing difficulty passing the pack because of heavy and continuous traffic in the opposite direction, the pack leader will decide whether conditions merit changing to single file. The key factor is the width of the roadway or lane. It may be safer to hold up traffic if there is insufficient width for it to pass comfortably. Riding single file may not benefit either cyclists or motorists—it doubles the length of the pack and this could make passing more hazardous because of poor sight distances. Although it is important to try to accommodate the needs of other road users, riders’ safety must never be compromised purely for the convenience of motorists. When single file is called, the inside riders put a bike length between them and the bike in front. The outside riders then move in ahead of the rider on the right. As soon as the heavy traffic has passed the pack should revert to double file.


2009-10-28 12:30 PM
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Subject: RE: California road rage trial to start this week.
Bump.  new update.
http://www.velonews.com/article/99644/dr-thompson-takes-the-stand-in-his-trial-on-assault-charges


Check out the cross of the accident reconstructionist.  Love it.

FTR...  the cyclists' claim that they were traveling the speed limit (30 mph, they were going 29) for that road has been verified by their GPS.  Whether they should have cursed or not, another issue entirely.  But as fas as what these guys were doing, it was perfectly legal, whether they were going single file or side by side (I've ridden this road several times, it's pretty narrow, so in truth, whether they were side by side or single file there is insufficient room for a car to pass without going into the oncoming lane).  The good doc could not have done the same thing to a car taking up the lane traveling that speed.  Why is it different because they are on bikes?
2009-10-28 12:40 PM
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Subject: RE: California road rage trial to start this week.
blairrob - 2009-10-22 3:58 PM
RiverRat50 - 2009-10-22 7:13 PM The cyclists showed poor judgement...but that is not an excuse for assault with a deadly weapon, which I assume this is...

I hope the doc does time. No excuse.

So, I usually ride alone, what are the general laws about 2 abreast, 3 abreast etc? Is it law to ride single file? Either way I certainly enjoyed touring in Nova Scotia. WOW the drivers were SO polite...to be balanced by today when I was running (brick)...was off the road on the grass. Guy in truck has eye contact with me and does a "little swerve" towards me...what an ultra-maroon!


Even in Nova Scotia you certainly have run ins, usually in rural areas with a car/truck full of teens. I'm glad you experience here was positive. The best place I've ever ridden was France where drivers have true respect for cyclists and give them a wide berth. Fellow motorists, however, might get 6 inches going in opposite directions at 80 KM/H on a narrow road. That is frightening.

I don't get this Doc in California. I suspect he needs come counseling and I know the cyclists need to wake up and ride smarter.

 from the Ottawa cycling club-

  Traffic and road conditions dictate when to ride single file. If motorists are experiencing difficulty passing the pack because of heavy and continuous traffic in the opposite direction, the pack leader will decide whether conditions merit changing to single file. The key factor is the width of the roadway or lane. It may be safer to hold up traffic if there is insufficient width for it to pass comfortably. Riding single file may not benefit either cyclists or motorists—it doubles the length of the pack and this could make passing more hazardous because of poor sight distances. Although it is important to try to accommodate the needs of other road users, riders’ safety must never be compromised purely for the convenience of motorists. When single file is called, the inside riders put a bike length between them and the bike in front. The outside riders then move in ahead of the rider on the right. As soon as the heavy traffic has passed the pack should revert to double file.




Most cyclists in CA don't seem to realize it, but the law here ultimately mandates single file riding (what the law actually mandates is that cyclists in the roadway ride to the right of the lane at all times, unless that would present a hazard).  Personally, as a motorist and as a cyclist, it does irritate the heck out of me when cyclists are riding two abreast...ran into that on my ride this morning and had to veer out into traffic to pass two a-holes who were cruising along chatting side-by-side on a busy thoroughfare.  Not irritated enough to want to "teach them a lesson", but if you do that in front of the wrong psycho motorist, you may be pouring gas on a fire.  Just saying...
2009-10-28 12:43 PM
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Subject: RE: California road rage trial to start this week.
tcovert - 2009-10-28 10:40 AM
blairrob - 2009-10-22 3:58 PM
RiverRat50 - 2009-10-22 7:13 PM The cyclists showed poor judgement...but that is not an excuse for assault with a deadly weapon, which I assume this is...

I hope the doc does time. No excuse.

So, I usually ride alone, what are the general laws about 2 abreast, 3 abreast etc? Is it law to ride single file? Either way I certainly enjoyed touring in Nova Scotia. WOW the drivers were SO polite...to be balanced by today when I was running (brick)...was off the road on the grass. Guy in truck has eye contact with me and does a "little swerve" towards me...what an ultra-maroon!


Even in Nova Scotia you certainly have run ins, usually in rural areas with a car/truck full of teens. I'm glad you experience here was positive. The best place I've ever ridden was France where drivers have true respect for cyclists and give them a wide berth. Fellow motorists, however, might get 6 inches going in opposite directions at 80 KM/H on a narrow road. That is frightening.

I don't get this Doc in California. I suspect he needs come counseling and I know the cyclists need to wake up and ride smarter.

 from the Ottawa cycling club-

  Traffic and road conditions dictate when to ride single file. If motorists are experiencing difficulty passing the pack because of heavy and continuous traffic in the opposite direction, the pack leader will decide whether conditions merit changing to single file. The key factor is the width of the roadway or lane. It may be safer to hold up traffic if there is insufficient width for it to pass comfortably. Riding single file may not benefit either cyclists or motorists—it doubles the length of the pack and this could make passing more hazardous because of poor sight distances. Although it is important to try to accommodate the needs of other road users, riders’ safety must never be compromised purely for the convenience of motorists. When single file is called, the inside riders put a bike length between them and the bike in front. The outside riders then move in ahead of the rider on the right. As soon as the heavy traffic has passed the pack should revert to double file.




Most cyclists in CA don't seem to realize it, but the law here ultimately mandates single file riding (what the law actually mandates is that cyclists in the roadway ride to the right of the lane at all times, unless that would present a hazard).  Personally, as a motorist and as a cyclist, it does irritate the heck out of me when cyclists are riding two abreast...ran into that on my ride this morning and had to veer out into traffic to pass two a-holes who were cruising along chatting side-by-side on a busy thoroughfare.  Not irritated enough to want to "teach them a lesson", but if you do that in front of the wrong psycho motorist, you may be pouring gas on a fire.  Just saying...


I understand....  but if the cyclists two abreast are going the speed limit, does that bother you?   Cyclists taking up the road going slower than is legal is a problem.   But a completely different scenario.

Ultimately, cyclists just need to ride smart and defensively because we always lose vs. a car.  But to say that these guys, as opposed to the cyclists you meet on the street, brought this on themselves (well, maybe the cursing didn't help), displays a lack of knowledge of the facts.   Sort of like the McDonald's hot coffee case 
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