Four LAPD officers accused of clashing with bicyclists are relieved of field duty

By Kate Linthicum, Los Angeles Times

June 3, 2010

Four police officers involved in a clash with cyclists in Hollywood during a protest ride have been removed from field duty while investigators review the incident, officials said Wednesday.

The move comes as outrage over the videotaped incident grows, threatening to derail LAPD Chief Charlie Beck’s recent efforts to improve relations between the department and cyclists who have complained about the way police treat them.

The LAPD launched an internal investigation into the Friday night altercation after a videotape that appears to show an officer kicking the wheel of a passing bicyclist circulated across the Internet.

Several bike riders have also accused police of other aggressive behavior during the ride, including allegations that police tackled several cyclists off their bikes and jammed a baton into the spokes of one bicycle. None of those incidents are shown on the tape.

LAPD Commander Andrew Smith said the internal investigation will look at all the incidents of alleged police use-of-force as well as address complaints by one bike activist that the LAPD refused to take a complaint when he called the Hollywood watch commander. Investigators will also look into whether officers forced the person who shot the video to stop recording moments after the alleged kick occurred.

The video, posted on YouTube with the title “Hollywood Cops Attack Bike Riders,” inflamed L.A.’s cycling community. It had been viewed more than 73,000 times by Wednesday.

The thing about these incidents that creeps me out so much is that these officers were probably not acting in an unusual fashion. They probably act with that kind of aggression all the time. It’s just that this time, somebody had a camera. (So they attacked him). And how often do they take the next step and just break the camera when they find themselves being filmed?

It seems to me these guys need to be relieved of more than their field duty. They need to be relieved of their freedom via incarceration. Their behaviour does nothing for law enforcement except engender disdain among the public, and if law enforcement knows what’s good for it, these officers will be removed from the force immediately and, hopefully, prosecuted.

–Erik Ryberg

Update: Above is a photo of the signs Matt Zoll, Pima County Bike/Pedestrian Program Manager, says are the appropriate solution to construction sites.

I’ve been getting a lot of emails about the decision to close the Kolb Access road to bicycles during construction, even though the speed limit there is now 15 mph, a speed almost any cyclist can sustain for the 1/2 mile-long closure, and a speed that is actually slower than most of the commuting cyclists who use that road generally travel.

The result is that bike commuters have to now make a truly dangerous detour.

Here’s the latest email exchange with the U of A over the matter, which I found quite illuminating. As usual with such exchanges, read from the bottom:

To “Ken Marcus”

Subject RE: Kolb access road closure to cyclists
Ken – thanks for the response. The word ‘almost’ is key regarding the
alternate route. I completely agree that up to the point of crossing the
RR tracks it is just fine. From there to the entry gate it is terrible.
I’m sure in car it seems like nothing, but 2 lanes of cars and trucks
are passing at 60 MPH on a curve with zero shoulder. All of us (the
cyclists) would take our chances with a little wet dirt any day.
Everyone likes to talk about going green, but when things get squeezed a
bit the knee jerk reaction is almost always to ban the bicycles. It’s
telling of course that you refer to the ‘bicycle issue’ instead of the
‘unsafe driver issue’.
Ironically in this case, we’d actually be a bit safer in the
construction zone because everyone would be going the same speed. The
large construction vehicle argument is nonsensical, if they are a threat
to bicycles they surely are a threat to motorcycles and other vehicles
as well.

>From *”Ken Marcus” *
> To Steve
> RE: Kolb access road closure to cyclists
Steve,
Thank you for your concern of cyclists on the Kolb Access Road. We have
looked at the safety concerns regarding bicyclist using the Kolb Access
Road and at best when there is no construction we believe there is a
bicycle issue because there is no bike lane. With the beginning of
construction the dangers for bicycles is even more acute since there is
small area with large construction vehicles, dust and wet dirt and
pavement. The road is governed by the Project Operation Agreement and we
concur with the Managing and Contract Operator’s decision to not allow
bicycles on the Kolb Access Road.
I did travel the Valencia , Old Vail Road to Rita Road route and found
it to have a bike lane and level shoulders for almost the entire route.
This appears to be a very safe alternative with very little added distance.
Thank you for contacting me with your concerns.
Ken

Ken Marcus
Director / CFO
University of Arizona Science and Technology Park
9070 S. Rita Road Suite 1750
Tucson, AZ 85747
Phone (520) 382-2482, Cell (520) 401-8636, Fax (520) 382-2499

> *From:* Steve
> To:* kmarcus@uatechpark.org*
> Subject:* Kolb access road closure to cyclists
Ken – I wanted to ask for your help with an issue we’re having with
Grubb & Ellis here at the Tech Park. I’m part of a group of cyclists
that regularly commute to IBM at the site. Many of us regularly use the
Kolb Rd entrance as it’s our most direct and safest route. With the
recent construction for the new Vail High School, G&E has taken the
rather draconian measure of banning cyclists from the access road for 3
months.
This is difficult for us to accept as the detour is quite lengthy and
more dangerous than the construction zone with there being high speed
traffic on Rita Rd combined with zero shoulder. Ironically the
construction zone is actually safer for us as it slows down the cars and
we can maintain the speed limit of 15 MPH through the construction zone,
which is less than 1/2 a mile.
The bottom line is that there is no rational reason to ban bicyclists
from the area. It’s no more dangerous for us than a motorcycle. I know
you are interested in making the site more green, and it would seem that
banning bicycles is a step in the wrong direction. Any help you can give
us in this area would be greatly appreciated. Thanks.
Steve

As usual, someone who doesn’t really know anything about bicycles or bicycling has decided to make a decision ostensibly to improve their “safety” and has offered (in my opinion) patronizing reasons for why his decision has done that, over the objections of many very experienced cyclists.

Of course, I suspect the real issue has nothing at all to do with the stated concerns for safety. The real issue is that the U of A wants to limit its liability wherever possible. (Cue up the anti-lawyer arguments now everyone.)

–Erik Ryberg

Later that day the bicyclist gets back from the hospital to discover his bike has been stolen.

One of the reasons I started this blog back in 2007 was because I kept encountering similar stories here in Tucson of bicyclists being treated extremely badly by the police.

But I am seeing less and less of that now. Police reports seem to be getting better and better, and only rarely do I find the police blaming the rider for being right-hooked, left-hooked, and hit from behind.

This is not to say there isn’t an awful lot of work to be done, but as I have said many times before, I think things are getting better. And one reason for that is that stories like the one above are getting a lot of play, and embarrassing the agencies that are at fault.

–Erik Ryberg

Jennifer and Richard Cox were injured in a motor vehicle accident and incurred medical expenses of $25,000.00. They obtained a total of $30,000.00 from the motorist who hit them. They were insured through a state plan. The court ruled that the state could take up to 100 percent of a person’s injury settlement, but not more, to reimburse the state for the medical expenses.

Up until this decision, the normal practice would be that the state would be reimbursed for, at the most, 66 percent of the medical bills under the so-called “common fund” doctrine. The idea of the common-fund doctrine is that because the Coxes had to hire an attorney to get that settlement, and since the state directly benefited from that attorney’s work and would have most likely collected nothing without it, the state should contribute to the attorney fees. Otherwise the attorney is working for the state, for free.

What the common-fund doctrine does is it gives an attorney some incentive to take a case that otherwise wouldn’t pay. Cases like the Cox case, where the medical bills are high and the tortfeasor’s insurance (the torfeasor is the person at fault) is low. The common-fund doctrine lets the victim get an attorney, make at least some recovery, gets the state back most of its money, and pays the attorney.

Without the common-fund doctrine, the attorney has no reason to take the case since he or she will literally be working for free, and possibly for no other reason than to reimburse the state, which can now literally take 100 percent of a victim’s settlement.

I think this is an insane decision that benefits no one except the insurance companies. It is only going to result in the state obtaining less money over the long run, because tort victims are not going to be able to secure representation and there is no way insurance companies are going to pay the state anything if they don’t have to — which they won’t.

And of course the decision hits bicyclists harder than most, because bicyclists (and pedestrians) are much more likely to rack up large medical bills if hit by a car.

The decision does not affect people who are privately insured.

–Erik Ryberg

From the Yuma Sun:

No charges filed yet in cyclist’s death

November 26, 2009 9:45 PM
BY JAMES GILBERT, SUN STAFF WRITER

The case involving a woman whose car allegedly struck and killed a 37-year-old Yuma man two months ago has been referred back to the Somerton Police Department.

The 25-year-old female driver from Somerton, whose name has not been released, reportedly struck and killed Doug Flynn on Sept. 24 in the 300 block of East Madison Street as he and other cyclists were nearing Somerton.

Flynn, an avid cyclist, was president of the Yuma Bike Club and had been employed by the Yuma Sun since 2002, most recently as its creative services manager.

Roger Nelson, chief criminal deputy attorney with the Yuma County Attorney’s Office, said no charges have been filed in the case. It was returned to police on Nov. 17, asking it be sent to the state crime lab to determine if the driver had any drugs in her system.

“We have not received a lab report yet,” Nelson said. “We are waiting for it.”

Once the county attorney’s office receives the lab report, it will review the case again and determine whether to file any charges.

According to the Somerton Police Department, the accident happened at about 6:41 a.m. An investigation showed that the vehicle that struck Flynn was traveling eastbound on Madison Street and the cyclists were riding in a long single-file line on the opposite side of street, heading west.

The driver, according to Somerton police, tried to pass a tractor pulling a farm implement in a legal passing zone.

During that passing attempt, Somerton police say, her car struck Flynn and another cyclist. Two other cyclists were riding ahead of Flynn at the time.

When paramedics arrived in less than four minutes after receiving the call, they found Flynn unresponsive, lying on the ground and being treated by some of the cyclists. He was later pronounced dead at the scene.

And from the comments section:

This was a very unfortunate accident and my condolences go to his family and friends. However, like it was said before it was an Accident! According to all the evidence the young woman driving the vehicle did not break any laws and the authorities would know that by now. We are nobody to judge people, you never know what the next day will bring us. My heart goes out to her, I’m sure she will never forget that day as long as she lives.

and

Bicyclist should of stayed off the road. It was unfortunate for Mr. Flynn but bicycles do not belong on the street they belong on the side walk. There is no logic in allowing bicycles on the street. One exaple of why they do not belong on the street is they hinder traffic and instances like these where the driver didn’t see these people until it was too late. Doesn’t the police department issue tickets for people that drive way below the speed limit. The bicyles cannot be considered the same as the vehicle. They don’t have turn signals, they can’t keep up with traffic. They are a hazzard on the road for motorist and they jeopordize their own safety. Just saying. My condolences to his family and friends.

–EBR

Apparently the poor firefighter is the one who was threatened, so he had little choice but to point a gun at the cyclist’s head and pull the trigger. But he feels just terrible about it.

Former Asheville fireman gets 4 months for shooting at cyclist

By Clarke Morrison • November 20, 2009

ASHEVILLE — A former Asheville firefighter will spend 120 days in jail for shooting at a bicyclist, narrowly missing his head with a bullet that pierced the man’s helmet.

Charles Alexander Diez, 42, pleaded guilty Thursday to assault with a deadly weapon with intent to kill, but testified during his sentencing hearing that he only fired a warning shot and didn’t intend to hurt Alan Ray Simons.

“I was the one who felt truly, truly threatened,” Diez told the court. “It was not my intention to shoot him.”

I often have to tell my clients that bicyclists are basically hated by a large segment of the public, and must not expect the same treatment by juries, judges, arbitrators, and insurance adjusters that a motorist would receive. If you get hit from behind while on a bike, for example, you are going to be declared to have swerved in front of the vehicle until proven otherwise. Not so if you are a motorist.

And it seems that if you are shot in the head by a firefighter, you shouldn’t expect sympathy either.

–Erik Ryberg

The trial is underway now in Los Angeles. From today’s LA Times Article:

A bicyclist testified Friday that a Brentwood doctor deliberately slammed on his car brakes in an effort to injure him and a companion last year as they rode down a narrow stretch of Mandeville Canyon Road in Brentwood.

Christian Stoehr recalled hearing the engine noise of an approaching car and then an “angry honk” of a horn. When he and a fellow rider fell into single file to let the driver past, Stoehr testified that the motorist zoomed up alongside them, exchanged angry words and then pulled in front of them and hit his brakes.

Stoehr and his bicycling partner, Ron Peterson, were injured in the July 2008 accident when they struck the Infiniti sedan. Stoehr was catapulted and flew over the car, landing on the pavement. In a preliminary hearing in December, Peterson testified that he crashed through the car’s rear window.

Christopher Thomas Thompson, a 60-year-old physician, faces one felony count of reckless driving causing injury and two felony counts of battery with serious injury. He also faces one count of misdemeanor reckless driving causing injury in an incident with another cyclist on the same road in March 2008. If convicted on all counts, he could face up to five years in state prison.

Thompson has pleaded not guilty. His attorney, Peter Swarth, has characterized the incident as an “unfortunate accident.”

“Unfortunate accidents” seem to be getting a lot of play lately.

Thanks Leo for reminding me about this.

—Erik Ryberg

Cyclist hit in OV
8:45 a.m. fri.
Happened at Calle Buena Vista south of Calle Concordia. An 85 year old woman hit two bicyclists who were in the bike lane. She did not stop. A witness got her plate number and OV police found her later. She told them she didn’t know she hit anyone. There was passenger side damage on her white SUV. She was not cited, but the case will be turned over to the County Attorney’s office to look at.

Bicyclist #1 68 years old, broken femur and hip
Bicyclist #2 62 year old, broken arm
Mindy Blake

A broken femur at 68 years old is no picnic. Send your best wishes their way!

And help me get some of these laws changed. If this woman hit these cyclists due to inattentiveness (and since she didn’t even know she hit them that seems pretty likely) this woman should not drive again.

Bike lanes should afford some protection to cyclists, just as crosswalks afford some protection to pedestrians. I do not understand why motorists who hit cyclists inside bike lanes are permitted to continue driving without so much as a requirement to attend a safety class. In the name of Allen Johnson, Drake Okusako, Jerome Featherman, and all the other riders who have been hit by inattentive or incompetent drivers, it needs to change.

Update: Here’s the link to the story on KOLD.

–Erik Ryberg

Concerns about bike accessibility at 4th ave underpass

Recent improvements to the 4th Avenue underpass are another example of how the city is making it easier to get around town. But some say getting to the new underpass can be dangerous.

In August the 4th Avenue underpass opened with great fanfare. It was designed to give pedestrians and bicyclists easier access to and from downtown.

But in the weeks since it’s opened, bicyclists like Erik Ryberg who travel Broadway and use the underpass have noticed problems.

“A bicyclist is going to have to merge across three lanes of traffic and then get into a left hand turn lane which has trolley tracks,” he says.

Crossing the trolley tracks on a bike isn’t hard within itself, but Ryberg says it can be when you’re looking over your shoulder trying not to get hit by a car.

Even though the speed limit is 25 miles per hour, TPD says it’s an area where most people are going faster.

“This makes for a very dangerous mix of speeding traffic, too many lanes to cross and tracks to cross,” Ryberg says.

In our effort to be balanced the city says it’s working with the bike community to find options.

“One option is to perform a “box turn” where a bicyclist goes through the intersection, pushes the button and turns left,” says Tucson Dept. of Transportation Director Jim Glock, noting the city built a HAWK crossing on Broadway near the underpass.

“Another option is to open up Herbert Ave. Which is a named alley,” Glock says.

I have no idea how “opening up” Herbert will help anyone because you would have to ride down the sidewalk against traffic on Congress to get to the underpass. Does anyone know what Glock is talking about?

And I am getting the feeling that the Tucson Bike Advisory Council is also throwing up its hands at this problem, which really worries me.

I see several possibilities for improving things.

First, since TPD admits people speed there, why not spend some of those coveted bike safety dollars ENFORCING THE SPEED LIMIT there?

Another thing would be signs that say “watch for bicycles merging” and a large sign indicating the speed limit is 25 mph and enforced. Maybe camera enforcement.

The City could also stripe a bike lane on the left-hand side of Broadway, so cyclists can merge safely at Church, Scott, or 6th Avenue before traffic speeds up.

It will never be perfect, but it could easily be a whole lot better. I very much hope no one has to die before Glock and others take this problem seriously.

I will keep saying it: we spent 46 million dollars on that underpass. We can spend a little more to make it safe.

–Erik Ryberg

So I’ve been trying to come to a compromise with a bike rack that will meet those sensibilities. Maybe something that looks like you would tie a horse to it?

Anyway P. just sent me the below link and I liked it. It’s David Byrne (yes that David Byrne) on bike racks. He’s written a book, Bicycle Diaries, and is on a speaking tour. He’s designed bike racks specifically for certain businesses — so for example a bike rack in the shape of a shoe to be installed outside a shoe store. Clever.

P wonders if we should try to bring him to Tucson.

–Erik Ryberg