The Chainlink

Bobby Cann Updates: Ryne San Hamel Pleads Guilty, Receives 10 Days in Jail

Jason Jenkins at ActiveTrans is helping to coordinate community response.  If there is any chance you can attend proceedings, please reach out to him: 

jason@activetrans.org.

 

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I am very surprised by the "running a red" and Ryne trying to avoid Bobby by swerving into the oncoming lane - first I've heard of this. But the BAC 1.5 is what it is no matter if he showed no signs of being drunk. That probably means he is an alcoholic which isn't surprising given his history of driving while intoxicated. 

Yes, every time I attended, I also had the impression the prosecution was not prepared. It was disturbing how disorganized it was. His family flew out for every court date. Just heartbreaking.

"But the BAC 1.5 is what it is no matter if he showed no signs of being drunk. That probably means he is an alcoholic which isn't surprising given his history of driving while intoxicated."

Agree. This is deeply troubling to me. It should have been another strike against him, not in favor. 

Now that this video has emerged can someone explain exactly how the accident happened? I ride thru there all the time and have never understood which direction Bobby was coming from (I know he was headed home, but not clear how he was going through intersection).

I trust the family will seek results in a civil trial. At least I hope so.

In both cases, even though both were clearly DUIs, Bobby and Hector were partially blamed for losing their lives. Also, both sentences took into account "remorse" of the defendant. I was very upset when I read the news yesterday. Sadly, I wasn't surprised but worried about how the value of a lost human life was minimized. 

I do think there are laws that need to be modified for cyclists e.g. Idaho Stop but I also worry about how Hector was blamed as "not visible" (not sure if he had lights on) and Bobby was blamed for being in the intersection on a red. In both cases, the defendant received a significantly lighter sentence and both cyclists cited for sharing fault. If both drivers were sober, most likely both men would be alive today. I don't want to get into any victim-blaming but it does give me pause about how easily we (cyclists) will be blamed in what seems like the most straight-forward of DUI cases. 

We need to be mindful if we don't have lights on our bikes or we venture into an intersection on a red light, we are doing so at a greater risk to ourselves - not only our safety but our rights. 

A police officer I know says that he almost ended up handling that crash scene, but was delayed by another job that took longer than expected. He said there were a lot of procedural errors that didn't help the case from a perspective of really getting justice. He's handled a LOT of DUIs over the years, and said that the responding officers' handling of the scene and the state's attorney's handling of the case (appropriate charges, etc.) was less than ideal and ended up helping the defense. 

A bit issue that's starting to get more attention in light of the recent federal report is that CPD training is inadequate for many officers. The officer who commented has gotten specialized training in handling DUI cases, including thorough training on properly administering a breathalyzer and accurately interpreting field sobriety tests. Most officers do not get this specialized training. 

A "career drunk" (habitual DUI offender/alcoholic) can fool most officers with most steps in the field sobriety test. There's one particular test that this officer considers absolutely foolproof with even the most hardcore long-term alcoholic. He's done breathalyzers on drivers who tested higher than .30 (a level at which the average person would be extremely wobbly or passed out) who could pass most steps of the field sobriety test but failed that one.

Many officers who really want to make the streets safer find it discouraging when the judge grants endless continuances, so the officer ends up being called to court many times to sit around and do nothing. It's worse when the judge ends up assigning a "slap on the wrist" sentence like this after the officer has done his or her best to help make a solid case.

Just wanted to give you a perspective from the other side of the fence. As antagonistic as things may get with police at times, many of them really do care, and they hate it when the system ends up giving out injustice.

Thanks for the insight Anne. It must be incredibly frustrating as an officer to see cases like these with the defendant getting a slap on the wrist after the case has dragged on for years.

I agree there was unnecessary time spent on hearings, and too many hearings necessary before proceeding on to a plea bargain or trial.  Why did Judge Hooks allow this continuous back-and-forth of hearings?

This is a classic example of justice delayed is justice denied.

This was discussed as a recommendation by the Prosecutors. There was a also discussion of preventing him from driving but the Judge mentioned that was the department of Secretary of State's jurisdiction.

I would like to politely push back on this, because I almost certainly believe that in the Avalos case, it would not have mattered. And as someone who has worked for DUI specific attorneys, the greater risk to us (and indeed, other users of the road, including drivers) is that this man will absolutely get behind the wheel of a two-ton vehicle again.

A friend of mine posted an article about a case in Detroit where a black man hit two cyclists (seriously injured) and was sentenced to jail time and probation. (http://www.wxyz.com/news/region/detroit/man-who-hit-two-bicyclists-...). He made the observation that it was unlikely any sentence would be meted out in the McCann case, and about our justice system that exists for the powerful, and then stratified for everyone else. 

I will always advocate for safe, sane and harm-reductive cycling. But this case is only further proof that there will be no safety vest, light or reflector that will protect me or ensure a just response if I'm killed in a DUI by someone like San Hamel. It was said elsewhere in this thread, and I've known for a long time this justice system is so broken. Avalos and his family were doomed by that administrator's privilege and connections--I have nothing but heartache for McCann's family, friends and supporters that they had to endure such a long search for justice and got this (and had the resources to do so). It may be callous, but a case like Bobby McCann's, with resources and support and publicity, receives this outcome, cyclists and pedestrians who are killed by individuals among San Hamel's ilk have so little hope. And it is up to advocates and supporters to keep yelling and being angry about it, looking at the intersectionalities of privilege and broken systems that have a real impact on our transportation system, and do the work. 

"I would like to politely push back on this, because I almost certainly believe that in the Avalos case, it would not have mattered. And as someone who has worked for DUI specific attorneys, the greater risk to us (and indeed, other users of the road, including drivers) is that this man will absolutely get behind the wheel of a two-ton vehicle again."

That's my biggest fear. As I've been collating cycling deaths, I've been struck by how many seem to be DUI or distracted driving cases, and how many were hit-and-run incidents (which kind of implies the driver wasn't in the right frame of mind at the time of the collision). These are precisely the kinds of cases from which we can do little to protect ourselves. We absolutely need strong deterrents to keep people like San Hamel off the road for as long as it takes to protect the public. No amount of flashing lights, bright clothing or careful riding is going to do much good if the driver has a blood alcohol level of 2x or 3x the legal limit. In the Kalamazoo case from last June (which started me on tracking these tragedies), I believe the driver was found to have multiple substances in his system. Based on numerous reports, the police were actively searching for this guy. Tragically, they didn't find him in time, and it cost five experienced cyclists their lives. In broad daylight, just like this case.

If someone can make the connection (I haven't the slightly idea how to do it), I'd be more than happy to participate in a meeting with Kim Fox to try and get a better understanding what went wrong in this particular case and what can be done in the future to prevent others like it, and push for stiffer penalties. I'm afraid, that as imperfect as it is, the legal system is the only real protection we have from unsafe drivers like Ryne San Hamel.

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