More of same: Still no charges in death of Yuma cyclist Doug Flynn
Ron K put this in the comments section and I thought it needed highlighting.
From the Yuma Sun:
No charges filed yet in cyclist’s death
November 26, 2009 9:45 PM
BY JAMES GILBERT, SUN STAFF WRITERThe 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
November 29th, 2009 at 4:45 pm
Car drivers do not see a traffic lane
with a bicycle in it as occupied. The
problem is neither do prosecutors. She
failed to yield and is subject to any
penalty of illegal passing just as if
she had hit a car. Who can justify this
view of non-acknowledgement. There is
no follow-through of our rights to be
on the road. She might have seen a cow
in the lane and possibly not passed in
that case….oh, but a cow is bigger.
Cyclists seem to be the hair-trigger
to all the pent-up emotional irritations
drivers suffer. You don’t hear about the
bus that hinders traffic or the cement
truck or the hazzard a school crossing
creates for traffic…those are just
*accepted*. Just saying.
November 29th, 2009 at 4:56 pm
One of the things that irks me the most is that I have *never* had a client who was hit from behind and not either cited for or, if deceased, accused of swerving in front of traffic and making an “improper lane change.”
Conversely, I have *never* had a cyclist who was doored or right-hooked who was not either accused of or cited for “failure to control speed.”
If you get hit, it’s your fault for being there; if somebody doors you or drives into you, it’s your fault for not stopping in time. Q.E.D.
November 29th, 2009 at 7:29 pm
Hi Erik…….. I have not been here in a while, checked in too see what’s up and here again, I read something from a complete moron. “Bicyclist should have stayed off the road”. There is no intelligent reply to a jack ass. Scary part , there are a lot of jack ass morons out there. I must say , I miss riding though…..
November 30th, 2009 at 10:46 am
the more misspellings, the more my brain aches thinking of the moron on the other side.
December 1st, 2009 at 8:23 pm
coghauler — calm down, the prosecutor is referring to nascent *criminal* charges (e.g. manslaughter, or negligent homicide). No one is saying she isn’t ever going to get a traffic ticket. They (typically?) don’t issue citations when there is any possibility of criminal charges still looming. This is following the same arc as the allen johnson fatality, citations were not issued until months later (presumably after all the blood results were in and negative).
December 3rd, 2009 at 12:37 pm
No worries, Ed, I’ve got it
under conrol.
Counting from ‘one’ to
‘twenty-five billion’ thusly….
1..it was just an accident;
2..it was just an accident;
3..it was just an accident-
egregious is such a subjective
term; don’t you agree?