GUILTY! SMU prof to be sentenced

MU prof guilty of aggravated assault

Dallas: Jury agrees she hit cyclist deliberately; sentencing is today

07:38 AM CDT on Tuesday, June 14, 2005

By ROBERT THARP / The Dallas Morning News

A Southern Methodist University law professor was convicted of
aggravated assault Monday after jurors in her trial agreed that she used
her car as a deadly weapon and intentionally struck a bicyclist riding
at White Rock Lake last May.
Jane Dolkart

Jane Dolkart bowed her head and sobbed after the verdict was read, and
bailiffs began taking her fingerprints. She was allowed to post a $2,500
bond until the jury decides her punishment today.

The tenured labor and employment law professor faces probation to 20
years in prison for the second-degree felony charge.

Witnesses said Ms. Dolkart was visibly upset and honking the horn of her
Volkswagen Passat as she followed cyclist Tommy Thomas and a friend
along West Lawther Drive near Mockingbird Lane in Lakewood.

Mr. Thomas testified that he feared for his life when Ms. Dolkart's car
struck the rear of his bicycle and dragged him under the car several
feet. He suffered bruises and abrasions to his left forearm and a sore
shoulder.

A police officer who investigated the incident testified that Ms.
Dolkart acknowledged "tapping" Mr. Thomas' bicycle because he was
blocking her way as she drove to meet friends to ride her own bicycle at
the lake about 10 a.m. on a Sunday. During the trial, Ms. Dolkart denied
making that statement.

Testifying in her defense, Ms. Dolkart said that she did not intend to
hit the bike but that Mr. Thomas slowed suddenly as he pedaled in front
of her. In closing arguments, attorney Mike Gibson said the incident was
nothing more than an accident and disputed the argument that Ms.
Dolkart's car was a deadly weapon. He said the victim's account of the
collision was "exaggerated and full of mistakes."

"If distracted driving was a crime, we'd have to build five courthouses
because people do it every day," he said.

Prosecutor Danny Oliphant said witness accounts and physical evidence
from the accident proved that Ms. Dolkart's driving was deliberate.

"It wasn't just an accident. It wasn't just a mistake. This was an
intentional act," he said.

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