This case sends shivers up my spine.
Roger Kramer's Favorite Cycling Tours passes along the news article about a 19-year-old Illinois woman who pleaded guilty last week to the “petty offense” of hitting a bicyclist with her car while she was distracted by downloading ringtones to her cell phone.
The driver had veered so far off the road that she struck 25-year-old Matthew Wilhelm from behind the driver's side of the car, reported the Champaign (Illinois) News-Gazette. Wilhelm died a few days later.
The charge against the driver, Jennifer Stark: improper lane usage.
The sentence: six months of conditional discharge (probation without reporting to a probation officer), $1,000 fine, and traffic safety school.
She didn't even lose her driver's license.
Legal definitions
The prosecutor in the case, State's Attorney Julia Rietz, didn't lodge any more serious charges — like reckless homicide — because the legal definition of recklessness didn't fit into Stark's actions.
The cyclist's mother, Gloria Wilhelm, read a statement to the court:
“Julia Rietz said it would be hard to prosecute 'willful and wanton' (behavior) and the driver could have 'no reasonable expectation of a bike on the side of the road,' yet every single time we visited the accident site we saw bikers and joggers in the area. The driver took this path to and from work and had to see others out there. Disregarding the obvious is a total lack of responsibility.
“In addition to a mere fine, we implore you to recommend community service and continued education to improve her driving. She needs more than just to 'live with this the rest of her life.' She can celebrate holidays and birthdays with her family. We can't do this with Matt.”
The sentencing judge, Richard Klaus, said in court: “I can only apply the law I have in front of me, not as I wish it would be.”
Stronger law sought
In his blog, Kramer tells us that prosecutor Rietz wants a stronger law for distracted drivers. A bill being considered by the Illinois General Assembly would call for a charge of negligent vehicular homicide when a “person's negligent operation of such vehicle is a substantial cause of the death of another person.”
Visit Matt's Law Coalition website to see a draft of the proposed legislation. Under the proposal, negligent vehicular homicide would be a Class A misdemeanor, which in Illinois is jail up to 364 days or fine of $1 to $2,500 or both.
The story highlights the big differences in the ways laws are written and prosecuted in different states.
It reminds me of the Colorado teen who was retrieving a text message on his cell phone when he struck and killed a bicyclist. He received 9 days in jail, 4 years probation, and 300 hours of community service, which includes talks to local bicycling groups.
In October, a 69-year-old man was sentenced to 90 days in jail for killing a bicyclist when he swerved into a bike lane while looking for freeway onramp.
Recent Comments