Former police officer cleared in bicyclist's 2009 death

http://www.lansingstatejournal.com/a...sectionstories

CHARLOTTE - A jury delivered a not guilty verdict Wednesday in the
case a former police officer charged with negligent homicide in the
2009 death of bicyclist Bill Petry.

Petry, 68, of Lansing, was killed after he was struck by a Chevrolet
Silverado driven by Michael Morgan, 48, a former Eaton Rapids and
DeWitt Township police officer.

The jury, made up of seven women and five men, delivered the not
guilty verdict after more than three hours of deliberation Wednesday.
The three-day trial was held in Eaton County Circuit Court before
Judge Thomas Eveland.

Morgan, of Eaton Rapids Township, declined to comment after the
verdict. His attorney, G. Michael Hocking, said he didn't think the
case had to go as far as a jury trial.

"I know (Morgan) has been dealing with his own sense of responsibility
for this death and it will stay with this man through his life,"
Hocking said.

Eaton County Prosecutor Jeff Sauter said he respects the jury's
verdict, but believes it was the right decision to bring charges
against Morgan.

"These are difficult cases," Sauter said. "But we believe (Petry) was
lawfully riding his bike, and that it was important for us to advance
the case."

Petry was wearing a helmet and bright clothing as he biked south on
Canal Road near Bunker Highway on a sunny afternoon in August 2009
when he was struck by Morgan's southbound truck.

A witness testified that she saw Morgan's truck about half-way into
the northbound lane after the collision, though Morgan said in police
interviews following the crash that he didn't believe he had crossed
the center line while trying to pass.

Eaton Assistant Prosecutor Brent Morton argued Morgan sideswiped Petry
after not allowing the bicyclist enough room while passing.

During closing arguments, Morton showed pictures of the bike's
position after the crash, as well as a mark on Morgan's truck that was
matched to Petry's handlebar.

"That's consistent with Bill being side-swiped about a foot off the
road," Morton said.

Hocking argued that Petry could have veered toward Morgan as he
passed, saying tire marks in the gravel and the location of a mirror
Petry was wearing indicated he was farther than one foot into the
roadway.

Morton said if the bike tire mark was left by Petry, it indicates a
gradual angle toward the road, which would have given an attentive
driver time to give the bicyclist more space.

"This is not a perpendicular mark or a drastic mark. It's a slight
angle," Morton told the jury.

On 6/9/2011 4:17 AM, somebody wrote:
http://www.lansingstatejournal.com/a...sectionstories

CHARLOTTE - A jury delivered a not guilty verdict Wednesday in the
case a former police officer charged with negligent homicide in the
2009 death of bicyclist Bill Petry.[...]

So what else is new?

--
Tºm Shermªn - 42.435731,-83.985007
I am a vehicular cyclist.

On Jun 9, 4:17*am, somebody wrote:
http://www.lansingstatejournal.com/a...S01/106090332/...

CHARLOTTE - A jury delivered a not guilty verdict Wednesday in the
case a former police officer charged with negligent homicide in the
2009 death of bicyclist Bill Petry.

Petry, 68, of Lansing, was killed after he was struck by a Chevrolet
Silverado driven by Michael Morgan, 48, a former Eaton Rapids and
DeWitt Township police officer.

The jury, made up of seven women and five men, delivered the not
guilty verdict after more than three hours of deliberation Wednesday.
The three-day trial was held in Eaton County Circuit Court before
Judge Thomas Eveland.

Morgan, of Eaton Rapids Township, declined to comment after the
verdict. His attorney, G. Michael Hocking, said he didn't think the
case had to go as far as a jury trial.

"I know (Morgan) has been dealing with his own sense of responsibility
for this death and it will stay with this man through his life,"
Hocking said.

Eaton County Prosecutor Jeff Sauter said he respects the jury's
verdict, but believes it was the right decision to bring charges
against Morgan.

"These are difficult cases," Sauter said. "But we believe (Petry) was
lawfully riding his bike, and that it was important for us to advance
the case."

Petry was wearing a helmet and bright clothing as he biked south on
Canal Road near Bunker Highway on a sunny afternoon in August 2009
when he was struck by Morgan's southbound truck.

A witness testified that she saw Morgan's truck about half-way into
the northbound lane after the collision, though Morgan said in police
interviews following the crash that he didn't believe he had crossed
the center line while trying to pass.

Eaton Assistant Prosecutor Brent Morton argued Morgan sideswiped Petry
after not allowing the bicyclist enough room while passing.

During closing arguments, Morton showed pictures of the bike's
position after the crash, as well as a mark on Morgan's truck that was
matched to Petry's handlebar.

"That's consistent with Bill being side-swiped about a foot off the
road," Morton said.

Hocking argued that Petry could have veered toward Morgan as he
passed, saying tire marks in the gravel and the location of a mirror
Petry was wearing indicated he was farther than one foot into the
roadway.

Morton said if the bike tire mark was left by Petry, it indicates a
gradual angle toward the road, which would have given an attentive
driver time to give the bicyclist more space.

"This is not a perpendicular mark or a drastic mark. It's a slight
angle," Morton told the jury.

Yup, it's not a crime to kill a cyclist but rather a 'Rite of
Passage'.

Lewis

*****