Judge re-sentences motorist in bicyclist's death case

A Kitsap County, Washington, judge has revoked the community service of a motorist who struck and killed a bicyclist in 2009 and re-sentenced her to jail time, which she'll most likely serve in home confinement.

In a case that angered bicycle rights advocates, the motorist was charged and sentenced only for driving with a suspended license. Prosecutors say their hands are tied in cases where intoxication, recklessness, or gross negligence is not a factor.

A vulnerable user bill that stalled in the Washington state legislature last year would have created penalties in cases where negligent driving causes injury or death of a pedestrian or bicyclist. That bill is the Cascade Bicycle Club's top priority in 2011. A hearing is scheduled at 1:30 p.m. Friday, Jan. 21, in Olympia.

Killed at intersection

The 69-year-old bicyclist, James “Mike” McClurkan, was hit by the left-turning motorist driving an SUV on July 4, 2009, as he pedaled through an intersection on Holly Road in Kitsap County, according to articles in the Kitsap Sun.

The driver, Teri Davis, 49, of Kitsap County told police that she did not see McClurkan as he was in the shadows and hidden by a passing car.

Prosecutors said the only charge left open to them was driving with a suspended license. The judge could have reduced the charge to a ticket and $124 fine, but chose to let the misdemeanor stand because the case involved a fatality.

He also cited the fact that she had received four tickets for speeding in the area of the crash in the past 18 months.

Sentenced

In August, Judge Holman sentenced Davis to 45 days of jail time, which he suspended to 360 hours of community service speaking to driver's education classes and other groups. She also was fined $600 and received two years of probation.

Holman reinstated the jail sentence, which she can serve at home, at a hearing in December where he determined she wasn't fulfilling her community service. He also assessed $4,500 to pay the cost of McClurkan's bicycle.

Vulnerable user

A Washington state bill introduced in 2010 (SB 5838) would have made it an infraction to injure or kill a pedestrian or bicyclist because of inattentive driving. It failed to advance but is coming back to committee this week.

Cascade says this is its top legislative priority in 2011. The club says there are other critical opportunities to make a difference in its blog post, “Gearing up in Olympia.”

Follow this link to a summary of the Vulnerable User Bill.