Maybe this Seattle judge needs to commute by bike

Why should motorists drive responsibly when the criminal justice system often shows such a lack of concern for the safety of pedestrians and bicyclists? Take the case of Ephraim Schwartz that was adjudicated on Thursday by Seattle Municipal Court Judge George Holifield.

Schwartz admitted to talking on his cellphone when he struck and killed a pedestrian in a crosswalk in November 2006. There were no skid marks at the scene. He didn't even see Tatsuo Nakata.

Hit cyclist

This happened 1-1/2 years after Schwartz drove across the centerline, hit bicyclist Ilsa Govan, and received a ticket for driving on the wrong side of the road. There's also a traffic-signal violation in the period. In court on Thursday, Govan said:

“I just wish there was something that could have been done after he hit me.”

Well, nothing's going to be done if prosecutors and judges don't stop taking these cases so lightly.

Guilty

In the fatality, the King County Prosecutor's Office declined to prosecute Schwartz, according to the Seattle Times, because he wasn't intoxicated or driving recklessly (Note: talking on the cellphone and not watching where you're driving is apparently not reckless).

The Seattle city attorney took up the case, though, and charged him in Seattle Municipal Court with assault-injury by vehicle. A jury found him guilty of  the charge that carries a maximum one-year jail term and $5,000 fine.

Sentencing Schwartz on Thursday, Judge Holifield ordered him to do 500 hours of community service and pay funeral and medical costs to Nakata's family. The judge also suspended Schwartz's driver's license, but he can be driving again in two years.

Bike to work

Judge Holifield's flippant remarks in open court:

“No amount of money or jail time will bring Mr. Nakata back. Rabbi Schwartz is a lousy driver when you come right down to it. He gets distracted.”

That sentence and Holifield's remarks angered many people. The Seattle Weekly says he won't be up for reelection until 2010. He ran unopposed last time.

Maybe Judge Holifield and county prosecutors need to commute by bike occasionally. After a few near misses with motorists I'd think they'd realize how dangerous it can be for bicyclists, motorcyclists and pedestrians and start taking these cases more seriously.