No justice for Dionette Cherney
This letter to the editor appeared in the hard copy of yesterday's edition, but it can't be found on the online version of the Examiner:
No justice for woman killed in bike accident
I too have been waiting to see justice served for the horrendous death of the poor woman hit July 5 by a bicyclist who ran a red light. And as pointed out in the Friday letter by former State Sen. John Burton, there has been no action for three months.
Where is the justice for the victim? Where is the exalted Bicycle Coalition standing up to take responsibility? Where is the police chief or the mayor?
If this person had been killed by a car we would never hear the end of it. The righteous would be vilifying every motorist from here to New York and back. But I guess when one of your own was responsible, you look at a death differently.
Maybe Burton has a point about politicians not wanting to offend the bicycle lobby before Election Day.
Dan Morris
San Francisco
Labels: Cycling and Safety, Examiner, Punks on Bikes
34 Comments:
Yes. I have never heard the end to the righteous indignation over the death of this woman - who was not even named. Hit by a bicycle? Headline in the paper. Hit by a car? Anonoymous funeral.
I sent this inquiry to the District Attorney's office Friday:
"What's the status of the cyclist who hit pedestrian Dionette Cherney? Has he been charged?"
The DA is going to waste time singling out one case because Rob Anderson has a huge stick up his ass. If you just let them do their job, it'll come to light when it comes to light. There have been dozens of driver v ped/cyclist cases this year alone in which the driver was able to drive away from the scene uncharged, no name was release and zero updates have been given.
But that cyclist better burn on the cross for sins against the American dream of driving.
I'm all in favor of the bicyclist being charged-- but the idea that he got off lighter than a car is ridiculous. Yes, the drunk hit-and-run driver was charged. But take these two cases from earlier this year: http://sfappeal.com/news/2011/03/female-pedestrian-fatally-struck-by-truck-in-south-of-market-crosswalk.php. Both cases were old ladies killed while crossing the street, in the crosswalk, by turning motor vehicles.
As long as the driver doesn't run and isn't drunk, no charges are filed. It shouldn't be that way, but that's the way it is.
The issue here is that the cyclist hasn't been either charged or not charged, even though the accident happened last July. And here the cyclist ran a red light and hit Cherney while she was in the crosswalk.
alai, it's not about justice on the streets, it's about making the cyclist pay for his sins.
"Sin" isn't a legal term/category. The cyclist should be penalized for his recklessness and negligence.
You made this point.
"If this person had been killed by a car we would never hear the end of it."
We have rebutted it. You have ignored the rebuttal.
No, I didn't make that point; the author of the letter to the editor did. I think it was hyperbole.
At 11:19 AM, Rob Anderson said...
Tell me what? That it takes four months to "build a case" when a cyclist kills a pedestrian but only one day when a motorist kills a cyclist?
Called out and no response all day? Not often is Rob left speechless, I kinda like it.
"Called out" on what? Not clear what you're referring to.
I hope the DA gives the cyclists name, then they won't be able to properly charge him.
The D.A. is in fact going to charge Raymond Ang with misdemeanor vehicular manslaughter for running a red light and hitting pedestrian Dionette Cherney, inflicting injuries that led to her death.
No story here. Keep up the bullshit, Rob.
"According to Talai, the coroner's office didn't finish Cherney's autopsy report until Oct. 31st, which delayed the police department's investigation. Talai said that police gave the D.A.’s office a complete report on the incident on Nov. 9, the day after Gascon was elected to his first full term. Gascon's office made the decision to charge Ang the next day, Talai said."
Just a coincidence that the decision to file charges was made the day after the election? That's the real "bullshit." I also question the delay in the finishing the autopsy report. Only a bike nut like you can believe this stuff.
Better late than never, which is the case with 90% of driver v ped/cyclist crashes in this city.
Great. Maybe those two old ladies run down in March might get some justice too.
...naah. Those were cars, which makes them "tragic accidents with no one at fault".
alai, doesn't matter. Look at what the cop said in Rob's link:
"Cyclist rides a bike, car drives itself"
Bob: I can't find what you're referring to.
Bob thinks his attempt at being clever means he can invent quotations. Of course no one said anything like that.
Here's the story.
"At the time, San Francisco Police Department spokesman Albie Esparza said that cyclists, like cars, must abide by the rules of the road."
Okay, but you put your cutesy comment in quotation marks, which obscured your point, such as it is.
Rob, no comment on the actual content?
I can't wait for your post on the 19 yr old that killed a 2 yr old because she was texting and driving and she only got 5 days in jail.
How long until we learn the name of this driver? Will he/she even be charged?
You bike nuts always change the subject to motorists and their Death Machines when anyone brings up bad behavior by cyclists.
I think it is very fair to ask if the driver will be held to the same standards as the cyclist. The standards for a cyclist is now proven to be much much higher than that of a driver.
It's fair to ask, too, whether it's right to charge the cyclist that killed Cherney with only misdemeanor manslaughter on the assumption that he didn't act with "gross negligence." What could be more grossly negligent than running a red light and hitting a pedestrian, whether by a cyclist or a motorist?
If he was treated like a driver, he wouldn't be charged at all. Take what you can get, Rob.
What could be more grossly negligent than running a red light and hitting a pedestrian, whether by a cyclist or a motorist?
Getting shitfaced at Kokkari on hundreds of dollars of alcohol, getting into your car, running over and killing a cyclist, switching seats in your car with your girlfriend, then telling her to drive away from the scene?
Why wasn't the name of the driver who turned illegally and hit a cyclist released to the public?????
You must have this blog mixed up with Streetsblog. Or you could discuss that issue on your blog.
Oh that's right. It isn't about justice on the streets, it's about hangin' them cyclists high.
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