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Verdict is in on Guy Accused of Attacking Mountain Bikers
There is a good account of the trial and verdicts at
http://peterfrickwright.com/2011/03/mr-vandeman-is-a-very-unique-defendant/#more-600'. The jury could not reach a verdict on the felony. For the misdemeanors, there were three guilty and two not-guilty verdicts. The defendant is free until sentencing. |
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Verdict is in on Guy Accused of Attacking Mountain Bikers
SMS wrote:
There is a good account of the trial and verdicts at http://peterfrickwright.com/2011/03/mr-vandeman-is-a-very-unique-defe.... The jury could not reach a verdict on the felony. For the misdemeanors, there were three guilty and two not-guilty verdicts. The defendant is free until sentencing. Until further notice, off-road cyclists in the South Bay Area are advised to carry a pulaski, entrenching tool, or-- why the hell not?-- a small, sharp saw with them when they ride. For, you know, emergency pest control and/or maintenance of trail access. Chalo |
#3
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Verdict is in on Kook Accused of Attacking Mountain Bikers
On 3/22/2011 2:11 AM, Chalo wrote:
SMS wrote: There is a good account of the trial and verdicts at http://peterfrickwright.com/2011/03/mr-vandeman-is-a-very-unique-defe.... The jury could not reach a verdict on the felony. For the misdemeanors, there were three guilty and two not-guilty verdicts. The defendant is free until sentencing. Until further notice, off-road cyclists in the South Bay Area are advised to carry a pulaski, entrenching tool, or-- why the hell not?-- a small, sharp saw with them when they ride. For, you know, emergency pest control and/or maintenance of trail access. Chalo I think Peter Frickwright's hosting bandwidth has been exceeded. -- Tēm ShermĒn - 42.435731,-83.985007 I am a vehicular cyclist. |
#4
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 3/22/2011 12:11 AM, Chalo wrote:
Until further notice, off-road cyclists in the South Bay Area are advised to carry a pulaski, entrenching tool, or-- why the hell not?-- a small, sharp saw with them when they ride. For, you know, emergency pest control and/or maintenance of trail access. Unlikely that he will re-offend. |
#5
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 22/03/11 7:24 AM, SMS wrote:
Unlikely that he will re-offend. I am going to write a letter to the judge, asking him to consider warning Mike V about trying to "get in the path" of a bike. (Had I known that Mike would say this, I would have written to the prosecutor to see if the following could have been brought up during the trial itself.) In my job I take photos for insurance companies regarding accidents, and am given a copy of the accident report to assist me in getting photos of the location of the accident. One of the incidents was a vehicle/pedestrian accident, where the pedestrian walked out (in a crosswalk, where they supposedly have the right-of-way) in front of a vehicle. The investigating officer found the pedestrian at fault - of course, this wasn't a trial, just the officer's opinion. But it turns out that there IS a line in the vehicle code (which was cited in that accident report) that says that a pedestrian is at fault if they walk out in front of an approaching vehicle when the vehicle is traveling fast enough and is close enough to present an imminent hazard. Pedestrians have the right of way ONLY when it is safe for them to exercise it. They don't have the right to jump out in front of fast moving traffic and magically expect that traffic to stop or swerve to avoid hitting the pedestrian. When Mike tries to "get in the path" of a bike, he's doing what that pedestrian did, and that isn't in keeping with the spirit or rule that pedestrians (hikers) have the right of way on trails over bikes. He's perfectly entitled to STAY WHERE HE IS in the trail (not step aside) when he encounters bikes, and they have to yield to his current position (yield the right of way). But he is not entitled to change his position, making it impossible for bikers to yield (to an erratic moving target), setting up a confrontation or accident. During sentencing, the judge should explain this fine detail of "right of way" to him, and warn him that if he causes another confrontation by trying to "get in the path" of a bike he will really feel the wrath of the courts. jc |
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 3/22/2011 7:59 AM, jcdill wrote:
In my job I take photos for insurance companies regarding accidents, and am given a copy of the accident report to assist me in getting photos of the location of the accident. One of the incidents was a vehicle/pedestrian accident, where the pedestrian walked out (in a crosswalk, where they supposedly have the right-of-way) in front of a vehicle. The investigating officer found the pedestrian at fault - of course, this wasn't a trial, just the officer's opinion. But it turns out that there IS a line in the vehicle code (which was cited in that accident report) that says that a pedestrian is at fault if they walk out in front of an approaching vehicle when the vehicle is traveling fast enough and is close enough to present an imminent hazard. V C Section 21950 Right of Way at Crosswalks Right-of-Way at Crosswalks 21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter. (b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk. (c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian. (d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection. Amended Sec. 8, Ch. 833, Stats. 2000. Effective January 1, 2001. http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm What I see _all the time_ around my area is vehicles not obeying sub-section a). They will drive right through a crosswalk, in front-of or behind, pedestrians. Legally, if a pedestrian is in the crosswalk a vehicle can't go through until the pedestrian is all the way across, not just far enough through, or not just enough of the way through, for the vehicle to pass. When Mike tries to "get in the path" of a bike, he's doing what that pedestrian did, and that isn't in keeping with the spirit or rule that pedestrians (hikers) have the right of way on trails over bikes. He's perfectly entitled to STAY WHERE HE IS in the trail (not step aside) when he encounters bikes, and they have to yield to his current position (yield the right of way). But he is not entitled to change his position, making it impossible for bikers to yield (to an erratic moving target), setting up a confrontation or accident. A letter might be in order because the judge might not make the connection between the laws regarding pedestrians and vehicles and what Mike did. Of course the flip side of this is that in the case of pedestrians and vehicles, both have the right to be on the road. In this case, the bicycles were there in violation of the rules that UC had put in place regarding bicycles on this road. While you can't attack someone for violating a rule, as Mike apparently did, it could be argued that when you're not expecting any bicycles on the trail you aren't required to accommodate them. |
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 22/03/11 8:40 AM, SMS wrote:
On 3/22/2011 7:59 AM, jcdill wrote: In my job I take photos for insurance companies regarding accidents, and am given a copy of the accident report to assist me in getting photos of the location of the accident. One of the incidents was a vehicle/pedestrian accident, where the pedestrian walked out (in a crosswalk, where they supposedly have the right-of-way) in front of a vehicle. The investigating officer found the pedestrian at fault - of course, this wasn't a trial, just the officer's opinion. But it turns out that there IS a line in the vehicle code (which was cited in that accident report) that says that a pedestrian is at fault if they walk out in front of an approaching vehicle when the vehicle is traveling fast enough and is close enough to present an imminent hazard. V C Section 21950 Right of Way at Crosswalks Right-of-Way at Crosswalks 21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter. (b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk. (c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian. (d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection. Amended Sec. 8, Ch. 833, Stats. 2000. Effective January 1, 2001. http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm Thanks! I didn't have time to go find the code, I appreciate your digging it up and posting it. What I see _all the time_ around my area is vehicles not obeying sub-section a). They will drive right through a crosswalk, in front-of or behind, pedestrians. Legally, if a pedestrian is in the crosswalk a vehicle can't go through until the pedestrian is all the way across, not just far enough through, or not just enough of the way through, for the vehicle to pass. In some areas this would mean that vehicles couldn't move. E.g. trying to make a right turn at most any intersection in San Francisco. When you have the green, there are always pedestrians *somewhere* in the crosswalk you need to cross as you turn. When you have the red there's a stream of pedestrians crossing the crosswalk in front of you, in addition to the cars streaming thru the intersection. So in practice, this rule gets ignored, as long as the vehicle gives the pedestrian enough berth. When Mike tries to "get in the path" of a bike, he's doing what that pedestrian did, and that isn't in keeping with the spirit or rule that pedestrians (hikers) have the right of way on trails over bikes. He's perfectly entitled to STAY WHERE HE IS in the trail (not step aside) when he encounters bikes, and they have to yield to his current position (yield the right of way). But he is not entitled to change his position, making it impossible for bikers to yield (to an erratic moving target), setting up a confrontation or accident. A letter might be in order because the judge might not make the connection between the laws regarding pedestrians and vehicles and what Mike did. Of course the flip side of this is that in the case of pedestrians and vehicles, both have the right to be on the road. In this case, the bicycles were there in violation of the rules that UC had put in place regarding bicycles on this road. While you can't attack someone for violating a rule, as Mike apparently did, it could be argued that when you're not expecting any bicycles on the trail you aren't required to accommodate them. You aren't required to accommodate them before seeing them, but once you see them then common sense says that the laws regarding "right of way" should be followed by both parties, to avoid injury to either party - even when bikes are technically not allowed on that particular trail. For comparison, pedestrians are not allowed on freeways and some expressways. But if you are driving on one of those roads and encounter a pedestrian, you still have to yield. jc |
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 3/22/2011 8:58 AM, jcdill wrote:
So in practice, this rule gets ignored, as long as the vehicle gives the pedestrian enough berth. Probably almost never enforced, though in some cases it should be. You aren't required to accommodate them before seeing them, but once you see them then common sense says that the laws regarding "right of way" should be followed by both parties, to avoid injury to either party - even when bikes are technically not allowed on that particular trail. For comparison, pedestrians are not allowed on freeways and some expressways. But if you are driving on one of those roads and encounter a pedestrian, you still have to yield. That's true. While many people are rather vengeful regarding Vandeman, because of his whole attitude and his misinformation campaign, the reality is that he is almost certainly not going to do anything like this again. He'll probably be banned from that particular area forever since UC has the right to do that. He is not going to risk more jail time or more costly trials by being a repeat offender. Personally I would hope that the DA not retry him on the felony charge, enough is enough since there is no way to get a not-guilty verdict, but you only need one juror for a hung jury. The misdemeanors carry enough of a penalty to make the point that this type of behavior is not acceptable. |
#9
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Verdict is in on Guy Accused of Attacking Mountain Bikers
SMS wrote:
Chalo wrote: Until further notice, off-road cyclists in the South Bay Area are advised to carry a pulaski, entrenching tool, or-- why the hell not?-- a small, sharp saw with them when they ride. *For, you know, emergency pest control and/or maintenance of trail access. Unlikely that he will re-offend. You mean, based on his Usenet behavior since 1993? The words "intransigent" and "recidivist" come to mind. Normal people tire of doing things that don't work. This guy doesn't. Chalo |
#10
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Verdict is in on Guy Accused of Attacking Mountain Bikers
On 3/22/2011 9:38 AM, Chalo wrote:
SMS wrote: Chalo wrote: Until further notice, off-road cyclists in the South Bay Area are advised to carry a pulaski, entrenching tool, or-- why the hell not?-- a small, sharp saw with them when they ride. For, you know, emergency pest control and/or maintenance of trail access. Unlikely that he will re-offend. You mean, based on his Usenet behavior since 1993? The words "intransigent" and "recidivist" come to mind. But for 18 years it was all talk, and no one outside of Usenet paid any attention to him. Had he realized the trouble he would get into by his actions he would not have done what he did. Now he knows. He may need some anger management classes, and maybe some education on trail impacts by different groups of users, but he's not going to risk prison by being a repeat offender. |
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