Still no citations in Allen Johnson fatality
Bicyclist and Tucson Police Officer Allen Johnson was struck from behind in the bike lane on Old Spanish Trail, but still no citations have been issued to the driver. The news has been sparse on this incident, but it is pretty hard for me to believe the driver did not at least violate Ariz. Rev. Statutes 28-735, the “three foot passing” rule.
I can never understand the incredible reluctance the authorities have to issue this citation. Does anyone have any ideas? Why wouldn’t it be immediate?
I have numerous clients who have been cited with violations while they are lying in the hospital, citations that were issued on the basis of vague statements by bystanders. For example, I have a client who was cited for failing to yield after he was hit by a car going the wrong way down the street. He was cited in the emergency room. (We won . . . but still). I have another client who was cited for failing to reduce his speed to avoid an accident after he was struck by a car that made a left turn into him, even though the witnesses and the driver herself admitted to running the red light! Another client of mine was cited in the hospital for not having a headlight on his bike, after he was creamed by a fellow doing an illegal U-turn. The incident occurred in broad daylight, when there is no legal obligation to have a headlamp on your bicycle.
So what’s the big deal about citing somebody who has just run down an innocent person in a bike lane? What is it? Why is it so easy for a bicyclist to get a ticket in this town, but so hard for us to get some protection when one of our own is literally run down in the street?
–Erik Ryberg
March 16th, 2009 at 4:52 pm
Good points Erik.
Still an active case. One man is charged with drug possession, yet no drugs are found on his person or any where in the car. It seems he was charged with possession of a smell. He is currently going to pre trial after refusing drug diversion from the DA. Our justice system is so screwed up beyond belief.
March 16th, 2009 at 7:19 pm
Erik, I really appreciate that you keep posting about Officer Johnson. I am shocked and revolted at the almost complete lack of media and community interest in this terrible story.
March 17th, 2009 at 5:47 am
At least they’re not using a double standard. What’s worse, the cops not pressing charges or only pressing charges when it’s one of their own?
March 17th, 2009 at 8:15 am
Hopefully this tragedy will lead to mandatory in-service classes for TPD on bicycles and the law. I could think of no one better to teach it than you, Eric.
March 17th, 2009 at 4:36 pm
TPD (at least some of them) could not care less about the ‘three foot rule’. Just yesterday as I was heading north on Tucson Blvd. a TUSD bus came within inches of my handlebars, my wheels were at least 18″ to the right of the white line and the center lane was clear. I was so shocked that I did not get a lic. plate number. The real kicker came when I noticed a TPD motorcycle cop was following directly behind the bus, there is no way he did not notice the bus tires in the bike lane.
March 17th, 2009 at 7:04 pm
I have an idea: “He swerved in front of me.”
That’s almost certainly what’s going on.
March 17th, 2009 at 7:05 pm
@josh
you have to be hurt first before than can charge you with the three foot law.
March 17th, 2009 at 7:22 pm
The grammar of this assertion aside, I don’t believe this. Why have the statute if this is the case?
March 18th, 2009 at 10:04 am
The general explanation (for delay in issuing citations) is double jeopardy
http://azbikelaw.org/blog/double-jeopardy-and-flawed-logic/
March 18th, 2009 at 9:33 pm
PS #6 the physical evidence is what is putting that defense to bed in this case. There were clear skid marks from both the cyclist and the vehicle that struck him in the bike lane. Kinda hard to claim the cyclist swerved in front of you when your tire marks are in the bike lane, where you were not supposed to be. Not only do they have failure to pass with 3 feet of clearance they also have failure to stay within the proper lane of travel (I don’t know what the AZ statute on that one is), and whatever the statute is for rear-ending another vehicle.
If Pima County doesn’t charge this driver with something and make it stick Eric should file suit against the Pima County Sheriff’s Office for gross incompetence.
March 18th, 2009 at 10:25 pm
It’s not completely clear that 28-735 (the 3-foot rule) applies on the shoulder.
We had a similar collision where a driver killed a cyclist who was riding on the shoulder — the motorist was to be charged with 28-701 (“failure to control”), and not 28-735.
I say was to be because the phoenix police made a clerical error and the citation was never issued. Oh, and the vehicle was unregistered and uninsured, citations weren’t issued for that either.
http://azbikelaw.org/articles/anselmo.html
March 19th, 2009 at 2:47 pm
Thanks, Opus. I hadn’t seen or heard about the skid-marks evidence in the local media.
March 19th, 2009 at 5:09 pm
Hmmm- Lots of gatherings of bike people going on next month (http://dot.tucsonaz.gov/bikefest/index.php), lots of opportunity to pass out “Please ask your city councilperson why TPD still refuses to enforce the laws that protect bicyclists rights and lives” type fliers. They could include some of the more appalling stories shared here and other places of TPD failure to provide equal protection; as well as a list of contact info for council members and maybe a schedule of upcoming council meetings.
Since “Bikefest” is basically a county/city “look what we’re doing to support bicycling” photo op, April should be a particularly effective month to embarrass into action the folks that set TPDs budget.
April 6th, 2009 at 10:13 pm
I live two miles from that area that Allen was ran over. I stopped by the area the next day and one of his best friends was there dropping off flowers. I asked if he knew what happened?…The lady driving the truck was distracted by her kids. And I also saw the skid marks from the bike and Allen was well in the bike lane. Was also told the lady driving the truck was just about on the shoulder of the road with her right side tires. I ride this road approx 15 hours a week..I see it all, its crazy.
April 7th, 2009 at 12:25 pm
For those of us “out of towners” could someone describe the road in some detail? E.g. Sight lines, posted speed limit, number of lanes, median?, shoulder(? I am fairly certain there is NO BIKE LANE there, there are almost no bike lanes in Tucson or Pima County)… signage (signed as a bike route maybe?).
April 23rd, 2009 at 9:57 pm
[...] reports at tusconbikelawyer state that the collision occurred on the shoulder; and that it is a case of massive distraction on [...]
April 25th, 2009 at 11:06 am
massive distraction is a major understatement the area that this accident occured is a wide open stretch of road with a large shoulder also clearly signed as a bike route.I would not be suprised if it were more of a case of the local D.A. not wanting to pursue charges rather than the Pima County Sheriff. Hopefully justice will prevail.
May 4th, 2009 at 8:29 pm
this story appeared in the Tucson Citizen last week.
http://www.tucsoncitizen.com/daily/local/115068.php
It sounds like the Sheriff’s office has completed their traffic investigation (but they didn’t say that), and are now just waiting on blood test results of the pickup driver. For some reason, people keep referring to this as a bike lane… There is NO bike lane there (the Pima county bike map lists it as a “Bike Route with Striped Shoulder”) and when they say bike lane, they are apparently referring to the shoulder. You would think the Sheriff’s office would use correct terminology — but I guess not.
(not that it changes anything for this particular case… it’s more of an ongoing confusion factor)
The easy way out for the sheriff/prosecutor would be if the driver was drunk/impaired, which hasn’t even been suggested. Barring that, the likelihood of (criminal) charges are slim to none.
May 28th, 2009 at 12:29 pm
I notice that citations have been issued in the other TPD officer fatality that happened on May 17th. Has anything ever happened in the Johnson case?
http://www.azstarnet.com/sn/hourlyupdate/294790.php
August 16th, 2009 at 7:00 pm
[...] reports at tusconbikelawyer state that the collision occurred on the shoulder (this was later confirmed by the sheriff’s [...]
September 2nd, 2009 at 11:09 am
[...] reports at tusconbikelawyer state that the collision occurred on the shoulder (this was later confirmed by the sheriff’s [...]