4 months “house arrest” for sleepy deputy who killed 2 cyclists

The Sheriff's deputy who killed two bicyclists in California when he fell asleep at the wheel in March 2008 will be sentenced to four months of “house arrest.”

The deaths of competitive cyclists Matt Peterson and Kristy Gough on a winding stretch of Santa Clara County highway on March 9, 2008, brought out more than 1,000 bicycle riders on a memorial ride to the site of the collision a week later.

(Peterson was a member of Team Roaring Mouse; the video at left ends with a memorial for the cyclist. Gough rode for the Third Pillar Racing Team.)

On-duty Deputy James Council drifted over the double yellow line and ran into the pair head-on while they were on a training ride with others. It was later reported that he was working the second of two 12-hour shifts that weekend.

In addition to wearing the ankle bracelet to check his whereabouts for four months, Council will have to perform 800 hours of community service within three years and pay restitution to the families.

Plea bargain

The plea bargain was announced last Friday, after he pleaded guilty, according to the San Jose Mercury News.

Council has been on paid leave since the crash, drawing a $82,000 per year salary. Because he pleaded guilty to misdemeanors, not felonies, he can go back to work unless the Sheriff decides to fire him. Any employment punishment could be appealed.

The Mercury quotes friends of the victims who claim the deputy is getting special treatment. Prosecutors deny that charge.

The friends also say the deputy should be fired as he used bad judgment to drive when he was sleepy. The deputy's attorney believes that a jury would have found his client “not guilty” because he fell asleep without any warning.

Santa Clara County is currently negotiating with the families and the surviving cyclist to pay a financial settlement. The county's attorney told the Mercury-News:

“… right from the beginning, we acknowledged the county was responsible.”

The Mercury also reports on Council's rap sheet prior to being hired by the Sheriff's Department where his father worked.

Find previous stories about this tragedy at Cyclists Kristy Gough and Matt Peterson struck down in Cupertino