# bad accident- cyclists killed in Stevens Canyon Rd, Cupertino



## stinkfoot

I had to detour around this today.....I'm so sad when I read about it this afternoon.

http://www.mercurynews.com/ci_8513728


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## stinkfoot

Two bicyclists struck and killed by sheriff's vehicle in Cupertino
By Leslie Griffy
Mercury News
Article Launched: 03/09/2008 12:21:11 PM PDT



Two bicyclists were killed when a Santa Clara County sheriff's patrol car going around a blind curve crossed the double-yellow line on Stevens Canyon Road in Cupertino and struck them shortly before 10:30 a.m. today, authorities said.

A third cyclist was seriously injured and is being treated at Stanford Medical Center. A fourth cyclist in the group was unhurt.

The identities of the dead and injured cyclists and the deputy involved were not immediately released. CHP officer Todd Thibodeau said a 29-year-old San Francisco man died at the scene and a 30-year-old Oakland woman died as she was being flown to Stanford Medical Center. A 20-year-old man was injured, he said.

The deputy has been with the force for about a year and half, Sgt. Don Morrissey said. He was driving north on Stevens Canyon Road near Montebello Road when he crossed the center line on the narrow road and hit the three cyclists, who were riding south.

The deputy called for help and got out his car to perform CPR on the fallen cyclists, Morrissey said. The deputy will be placed on routine administrative leave pending an investigation by the CHP.

"He's taking it very hard," Morrissey said. "The whole department is saddened."

Thousands of cyclists cruise the winding road leading to Stevens Creek Reservoir, cyclist Steve Paterson, 49, of Cupertino said, as he was turned away from a road block near Ricardo Road set up because of the crash.

"There are so many rides up here," he said.
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"Club rides, sponsored rides, groups of friends."

It's unclear if the four cyclists involved in the crash were riding as part of larger group, but Morrissey said they may have been doing a training ride.

Other cyclists noted that riders in large groups will sometimes ride two-abreast. The practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic. It was unclear if the cyclists involved in this crash were doing so.

"I've seen bicyclists who ride crazy and I've seen cars that go too fast," Paterson said.

The opportunities for hill climbing and downhill coasting, as well as a roadway cleared of much debris make the area tempting for cyclists. Today's beautiful weather brought out scores of riders.

"It's spring and everyone is ready to get out and go for a ride," said Mike Riepe, of San Jose, hitting the road after hauling his mountain bike up a trail.

But blind turns like the one near the crash site make him nervous, Riepe said.

In 1996, cyclists Jeffrey Steinwedel, 46, died on Stevens Canyon Road just up the road from today's crash, when a quarry driver struck him as he took a winter ride. The driver, Jon Nisby, was sentenced to a year in jail.

The last time a Santa Clara County sheriff's deputy was involved in a fatal car crash was in 1994. A deputy trying to keep a suspect from running struck and killed the man near the intersection of West San Carlos and Bascom Avenue.

While a Santa Clara County District Attorney's office probe of the incident found the deputy had been driving improperly, it cleared him of violating any laws.

Deputies can drive as much as 200 miles a shift, Morrissey said.

The CHP is asking anyone who witnessed the crash to call (408) 467-5354, ext. 337.


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## Dr_John

> Two bicyclists were killed when a *Santa Clara County sheriff's patrol car going around a blind curve crossed the double-yellow line on Stevens Canyon Road in Cupertino and struck them* shortly before 10:30 a.m. today, authorities said.


 What the? This is a Sheriff? So basically driving on the wrong side of the road, and head on with the cyclists? Unreal.

What a tragedy. My condolences to the families and friends of the cyclists.


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## Dr_John

And what article on a cyclist being killed on the road would be complete without the obligatory 'it was probably the cyclist's fault:'



> Other cyclists noted that riders in large groups will sometimes ride two-abreast. The practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic. It was unclear if the cyclists involved in this crash were doing so.


 How does this have _anything_ to do with incident? The cop was driving on the wrong side of the road.


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## CrankyMonkey

Man... I couldn't believe it when I read that it was a Sheriff! My heart goes out to the families involved. 

It's been so beautiful out lately that you would think people would be extra careful driving on popular roads where cyclist are. It's not like there hasn't been thousands of cyclist out.


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## CrankyMonkey

Because drivers are right and cyclist are crazy, sane people don't ride up hills for fun!


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## Cruzer2424

to me, the question is 

... why was the sheriff driving on the wrong side of the road?


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## stinkfoot

the news outlets are now reporting one cyclist died, two are critically injured.


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## ni4detail

There's a helicopter video of the scene on the KTVU website. I should caution you all that the video is disturbing (half a bike under the front bumper of the patrol car, etc.)


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## johnny99

stinkfoot said:


> the news outlets are now reporting one cyclist died, two are critically injured.


One bicyclist died at the scene. Another died on the way to the hospital.


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## Francis Cebedo

This is madness. I've never heard of a bike accident this disturbing.

fc


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## Henry Porter

Please keep us up on this story. This sucks.


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## thien

This is terrible. I send my condolences to the families and loved ones of everyone involved...


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## Francis Cebedo

Btw, the location of the accident is Stevens Canyon road, right above the Fremont Older parking lot. The road is slightly uphill and curves right. There is no blind turn.

So I did my morning Alto Velo morning ride and in the afternoon, my wife asked me if I could take her out on a ride. We dropped the kids off at Grandpa and we road Foothill to Los Altos and had the time of our lives.

But in the back of my mind was... "What if something happened to us???"

And now this.

fc


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## jorgemonkey

Here is a quote from CBS5:

"We just lost a couple of phenomenal human beings. The fact that they were tremendous athletes is really beyond the point as well, although they both were. Christy was on her way to the Olympic trials, and Matt was a phenomenal rider. It's very distressing," said Gebhart Evanhook, who was riding just behind the two cyclists who died."

So far we know two of the first names were Christy & Matt. My condolences go out to their families


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## reklar

What a horrible tragedy ... my condolences to all friends and loved ones of the deceased ... 

I agree with the previous poster ... I'm so tired of the caveat blaming the bikers for riding two abreast even when it is unknown whether they were doing that and it is known they were on the right side of the yellow line! 

If you feel inclined, please write a letter to the editor of the Merc about this ... I will.

-------------------------------------------------------------------------
http://www.mercurynews.com/letters

E-mail your thoughts to [email protected]. Requirements: 125 words or less; no attachments; include your name, address and daytime phone. 

Letters will be edited for length and clarity. Street addresses and phone numbers are not published. The Mercury News reserves the right to publish and republish your submission in any form or medium.


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## goloso

*I'm sure that there will be a full investigation....*

and the cop will be held to the same standard everyone else.  

Very sad situation. Someone on the scene commented in the Merc that it looked like the cop fell asleep at the wheel and didn't even try to turn. They said there were no skid marks. 

The cop is now on a two week paid vacation.

It makes me sick to hear about these riders because it could have been any of us. It makes me sicker that this guy will get off with a fraction of the penalty any of us would receive.

The Merc is already trying to blame the victims.
_
Local cyclists noted that riders in large groups will sometimes ride two-abreast. The practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic.

It was unclear if the cyclists involved in this crash were doing so, Thibodeau said. But cyclists said they've seen dangerous behavior from those on both two-wheels and four._


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## singlespeed.org

Cruzer2424 said:


> to me, the question is
> 
> ... why was the sheriff driving on the wrong side of the road?


KCBS is reporting:
<i>Witnesses say there is speculation that the deputy may have fallen asleep at the wheel. He was not responding to a call, or speeding at the time of the crash.</i>

I am in shock. This is so sad.


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## singlespeed.org

SFGate has some details:
<i>Authorities did not release the name of the victims, but friends identified one of the riders as 31-year-old Kristy Gough of Oakland and another as Matt Peterson, 30, of San Francisco. Both were killed. The third cyclist, whose name was not released, was listed in critical condition Sunday night at Stanford University Medical Center.</i>


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## johnny99

http://cbs5.com/local/bicyclists.crash.sheriff.2.673306.html

"Witnesses said they overheard the deputy say he may have fallen asleep at the wheel."


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## jms

*You're an idiot!*



goloso said:


> and the cop will be held to the same standard everyone else.
> 
> Very sad situation. Someone on the scene commented in the Merc that it looked like the cop fell asleep at the wheel and didn't even try to turn. They said there were no skid marks.
> 
> The cop is now on a two week paid vacation.
> 
> It makes me sick to hear about these riders because it could have been any of us. It makes me sicker that this guy will get off with a fraction of the penalty any of us would receive.
> 
> The Merc is already trying to blame the victims.
> _
> Local cyclists noted that riders in large groups will sometimes ride two-abreast. The practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic.
> 
> It was unclear if the cyclists involved in this crash were doing so, Thibodeau said. But cyclists said they've seen dangerous behavior from those on both two-wheels and four._


It's not often that I'm this blunt, BUT, quit being an IDIOT, save the finger pointing, and speculation for later. 
I am quite certain the police officer didn't start the day with any inkling that it would wind up in this fashion. I'm also quite certain he/she is also deeply saddened and traumatized too. It is unequivocally a tragedy for ALL concerned: the victims, the family of the victims, friends, and the officer and his family too. It was likely a mistake any of us has/could make while driving, unfortunately fates intervened and created a tragedy. FOR ALL CONCERNED.
We are all at the mercy of happenstance. Think a kind and loving thought for all involved, they are all deserving.


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## reklar

jms said:


> It was likely a mistake any of us has/could make while driving, unfortunately fates intervened and created a tragedy.


 Mistake that I could have made? Uh, no, sorry ... falling asleep at the wheel while on the job? I don't think so. Not in my job description for one thing, and I've never done it anytime either, thank you very much. 



jms said:


> You're an idiot ...
> 
> We are all at the mercy of happenstance. Think a kind and loving thought for all involved, they are all deserving.


 Funny that you run to name calling and then you're saying to "think a loving thought" a few sentences later ... absurd. 

I'm sure the cop has been traumatized and everything but really, he is not the victim here figuratively (and certainly not literally).


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## goloso

*Did you even read my post?*



jms said:


> It's not often that I'm this blunt, BUT, quit being an IDIOT, save the finger pointing, and speculation for later.
> I am quite certain the police officer didn't start the day with any inkling that it would wind up in this fashion. I'm also quite certain he/she is also deeply saddened and traumatized too. It is unequivocally a tragedy for ALL concerned: the victims, the family of the victims, friends, and the officer and his family too. It was likely a mistake any of us has/could make while driving, unfortunately fates intervened and created a tragedy. FOR ALL CONCERNED.
> We are all at the mercy of happenstance. Think a kind and loving thought for all involved, they are all deserving.


I don't know why you are so defensive. I never said the cop intended to do it and I find it hard to believe anyone involved in this situation would react with anything other than devastation. Here is the deal, this guy screwed up at work big time. If the system works they way it usually does around here regarding car/cyclist accidents the driver will get off. In cased you haven't noticed, cops get much lighter treatment when they screw up at work than the public at large gets for similar situations.

Furthermore the Merc (not the cops) threw in a bunch of extraneous stuff about bike riding abreast when they had no information that that was the case here.

So to make myself perfectly clear:

Cop screwed up at work
Cop didn't mean to do it
Cop no doubt feels terrible as anyone would
Merc insinuates the cyclists were riding unsafely with no evidence that was the case.
The system goes very easy on drivers in car/cyclist crashes and cops even get an easier time.

My wife and talked about this all evening. I was out maybe 5mi north of there at the time and it could have just as easily been me or my friends. We also had a long discussion on what you would do if you accidently killed two people. It is horrible just to contemplate.

We all react to shocking situations differently. Why assume the worst about your allies?


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## CoLiKe20

so sad


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## eddy

So tragic. My sympathies and condolences to all involved. I am thinking a kind, sincere thought for everyone tonight.

Notwithstanding jms's namecalling, he does have a valid point. This is a tragedy for all concerned, including the community at large whether or not we know the people involved. 

Yes, any one of us could make the same mistake. It only takes one time. You don't have to drive for a living, or have a history of falling asleep at the wheel, or have a DUI. You could have 20 years with a perfect driving record. It just takes one brief moment of sleepiness, or changing the music playing, or being on the phone, or looking at a list of directions, or checking on your kids in the backseat, or sneezing, or any of a million different things.

That said, I have a sick feeling in my stomach from hearing this terrible news, and it makes me even sicker to know that it was a Sheriff's Deputy that did this. I cannot imagine being in the shoes of any of them.

Everyone be safe and go carefully.


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## norton55

these kind of traumatic incidents can really bring out the raw emotions in us. none of us leave the house on a beautiful day, on a ride with friends and not expect to come home. now is the time to reflect on our family and friends.


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## mohair_chair

jms said:


> It's not often that I'm this blunt, BUT, quit being an IDIOT, save the finger pointing, and speculation for later.
> I am quite certain the police officer didn't start the day with any inkling that it would wind up in this fashion. I'm also quite certain he/she is also deeply saddened and traumatized too. It is unequivocally a tragedy for ALL concerned: the victims, the family of the victims, friends, and the officer and his family too. It was likely a mistake any of us has/could make while driving, unfortunately fates intervened and created a tragedy. FOR ALL CONCERNED.
> We are all at the mercy of happenstance. Think a kind and loving thought for all involved, they are all deserving.


Stop trying to excuse what happened because of who did it. There is no excuse for what happened. As for finger pointing, if you saw the accident, it's pretty clear who is at fault. The fingers are pointed exactly where they should be.


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## Dr_John

Articles are now available on SFGate about both the dead cyclists:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/10/MNE8VH1CV.DTL

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/10/MN6QVH1LD.DTL

This is all so sad.


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## wipeout

francois said:


> Btw, the location of the accident is Stevens Canyon road, right above the Fremont Older parking lot. The road is slightly uphill and curves right. There is no blind turn.
> 
> So I did my morning Alto Velo morning ride and in the afternoon, my wife asked me if I could take her out on a ride. We dropped the kids off at Grandpa and we road Foothill to Los Altos and had the time of our lives.
> 
> But in the back of my mind was... "What if something happened to us???"
> 
> And now this.
> 
> fc


I ask myself the same question, especially after reading about this accident - on a road I often ride (and where this accident occurred is not even the most dangerous part of Stevens Canyon Rd!). Sigh....


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## cdmc

Holy cow. It is amazing the hostility that the officer and the San Jose Merc have been treated with. Does anyone here honestly think that the officer intentionally did this? As far as him "getting off lighter" than the public at large, that is hardly true. If it was another person driving who had no history of problems, was not impared by alcohol, and suddenly passed out at the wheel, there were be no criminal charges. There is no intent, no negligence, no mens rea. 

As far as the San Jose Merc's report, be serious. They didn't imply or otherwise try to blame it on the cyclists. They reported what someone said, and they reported that in some cases cyclists ride two abreast, which they clearly note is legal. 

It is a tragedy what happened, but perhaps everyone should take a look inside themselves to see how biased they are. Accidents happen in life.


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## mohair_chair

cdmc said:


> Holy cow. It is amazing the hostility that the officer and the San Jose Merc have been treated with. Does anyone here honestly think that the officer intentionally did this? As far as him "getting off lighter" than the public at large, that is hardly true. If it was another person driving who had no history of problems, was not impared by alcohol, and suddenly passed out at the wheel, there were be no criminal charges. There is no intent, no negligence, no mens rea.


I don't believe the deputy intentionally did this, but for you to state that there was no negligence is way beyond the scope of your knowledge. Considering that the deputy veered into the other lane and killed two people, I'd say there is a pretty strong case for negligence. People driving along don't just veer into the opposite lane for no reason. And there is your mens rea. Considering that law enforcement officers are supposed to protect and serve, I don't think it is out of line to get upset when one of them takes innocent lives for no good reason.


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## PaleAleYum

*This is the line that gets me*

"The group collided with the deputy's car while the deputy was on a routine patrol in the area, Sgt. Don Morrissey said."

If the sheriff hit a tree ( & I wish he had instead of the cyclists) would the article report that the tree collided with the sherrif's car?

I don't have all the facts, we all don't at this time, but this one sends a bad chill down my spine. By all accounts, It appears to be a screw up by the officer. The riders appear to have been JRA. Two cyclists killed.  

Ride safe


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## cdmc

mohair_chair said:


> I don't believe the deputy intentionally did this, but for you to state that there was no negligence is way beyond the scope of your knowledge. Considering that the deputy veered into the other lane and killed two people, I'd say there is a pretty strong case for negligence. People driving along don't just veer into the opposite lane for no reason. And there is your mens rea. Considering that law enforcement officers are supposed to protect and serve, I don't think it is out of line to get upset when one of them takes innocent lives for no good reason.


The facts that we have been presented with so far is that the officer fell asleep. Unless you are going to argue that he purposely fell asleep, he is lacking the mens rea to commit an act such as homicide. That leaves you with negligent criminal acts, such as manslaughter. The question then becomes "Did the officer have any reason to believe he might fall asleep while driving?" If the answer to that is no, then you don't have any basis for a manslaughter action. 

You claim is that the the vehicle veered into the other lane being mens rea is incorrect. It is a fact, that the vehicle swerved into the other lane. Mens rea asks the mental state of the actor when the act occurred, it has nothing to do with the "facts". 

The fact that the person is an officer, has nothing to do with his criminal liability. Under your argument, if the person who was driving was a doctor, he should be strung up, because a doctor takes the Hippocratic oath "do no harm." The bottom line is that this was a tragic accident, but to make the officer out to be some sort of animal is nuts.


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## mohair_chair

cdmc said:


> The facts that we have been presented with so far is that the officer fell asleep. Unless you are going to argue that he purposely fell asleep, he is lacking the mens rea to commit an act such as homicide. That leaves you with negligent criminal acts, such as manslaughter. The question then becomes "Did the officer have any reason to believe he might fall asleep while driving?" If the answer to that is no, then you don't have any basis for a manslaughter action.
> 
> The fact that the person is an officer, has nothing to do with his criminal liability. Under your argument, if the person who was driving was a doctor, he should be strung up, because a doctor takes the Hippocratic oath "do no harm." The bottom line is that this was a tragic accident, but to make the officer out to be some sort of animal is nuts.


I made no such argument. I said nothing about the deputy (not officer) falling asleep. I consider that pure speculation. I merely pointed out that there is clearly negligence here, which you excused out of hand. I don't know what you charge the deputy with, but anyone who kills someone else through negligence should be charged and treated like a criminal. It's unacceptable behavior, especially for law enforcement officers.


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## cdmc

mohair_chair said:


> I made no such argument. I said nothing about the deputy (not officer) falling asleep. I consider that pure speculation. I merely pointed out that there is clearly negligence here, which you excused out of hand. I don't know what you charge the deputy with, but anyone who kills someone else through negligence should be charged and treated like a criminal. It's unacceptable behavior, especially for law enforcement officers.


You have jumped to a conclusion that there is negligence here. If you are not going to speculate, why do you assume that the officer was negligent? Why not just jump to the assumption that he committed an intentional act and demand that he be charge with homicide? 

Without speculating, please explain how you have reached the conclusion that there is "clearly negligence here." I am failing to see it, but then again, what do I know, I am just a stupid litigator.


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## Roeland

This is a sad story. RIP.

Who falls asleep while driving at 10:30 in the morning?


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## robwh9

*Blame the cyclists...*

The SJ Murky News article:

Two avid bicyclists were killed when a Santa Clara County sheriff's patrol car <b>crossed the double-yellow line</b> on Stevens Canyon Road in Cupertino and hit a group of riders shortly before 10:30 a.m. Sunday. 
The crash on a beautiful Sunday morning left the Bay Area cycling community and the sheriff's department shaken. 
"It's just horrible," said Mike Riepe of San Jose, after hauling his mountain bike up a trail near the crash site. 
<b>The opportunities for hill climbing and downhill coasting along Stevens Canyon make the road tempting for cyclists. So on Sunday morning four cyclists training for an event decided to give the hills a shot. The group was hit by the deputy's white cruiser while the deputy was on a routine patrol in the area </b>, Sgt. Don Morrissey said. 
Coming around a bend near a straightaway, <b>the deputy accidentally crossed the center line and struck the group</b>, Morrissey said. He called for help and immediately began CPR on one of the fallen cyclists, Morrissey said. 
The sheriff's office did not release the names of the victims. But friends and bicycling Web sites identified the dead cyclists as Matt Peterson, 30, of San Francisco, and Kristy Gough, 31, of Oakland. Peterson died at the scene of the crash and Gough died several hours later after she was airlifted to Stanford University Hospital. Before and after she died, dozens of cyclists gathered at the hospital. 
A 20-year-old man, identified by friends as Christopher 

Knapp of Germany, was seriously injured and was listed in stable condition Sunday night at Stanford University Hospital. The fourth rider was not hurt, CHP officer Todd Thibodeau said. 
Peterson was on a cycling team sponsored by Roaring Mouse Cycles, a San Francisco bicycle shop. The shop's Web site posted word of his death on Sunday night. 
The Web site of USA Cycling lists numerous races in which Peterson did well, including a first-place finish in a March 1 road race in Merced. He had a fourth-place finish in the Tri-Flow Menlo Park Grand Prix on Saturday. 
Friends on Sunday described Gough as a professional triathlete who recently took up cycling but immediately started winning Northern California races. The most recent was the Merco Credit Union Foothills Road Race in Merced County on March 2. 
"It's a huge loss for our team," said Anthony Borba of Campbell, the captain of the Third Pillar, Gough's team. "Besides being a phenomenal talent she was a phenomenal human being." 
Interviewed at Stanford hospital late Sunday night, Borba said Gough was "an Olympic hopeful" being scouted for the Summer Games in Beijing. 
"It's just so sad that these two athletes who were just coming into their own were struck down," Borba said. "We're all in shock." 
Sunday's accident rattled the whole sheriff's department, Morrissey said. The deputy involved in the crash will be placed on administrative leave until the investigation is complete. He's been on the force for about a year and a half. 
"He's taking it very hard," Morrissey said. "The whole department is saddened." 
Fatal crashes are rare for the sheriff's department, even though deputies often drive as many as 200 miles in a single shift, Morrissey said. 
The last fatal crash involving a sheriff's patrol car happened in 1994, when a deputy trying to keep a suspect from running struck and killed the man near the intersection of West San Carlos Street and Bascom Avenue. The deputy was cleared of wrongdoing. 
On a good weekend, thousands of cyclists cruise the winding road leading to Stevens Creek Reservoir, said cyclist Steve Paterson, 49, of Cupertino, as he was turned away from a road block near Ricardo Road set up because of the crash. 
"There are so many rides up here," he said. "Club rides, sponsored rides, groups of friends." 
It's unclear whether the cyclists involved in the crash were riding as part of a larger group, Morrissey said. 
Cyclists along the well-traveled stretch of road talked Sunday about the dangers of their sport - everything from speeding cars to drivers who blare their horns in an attempt to intimidate them. <b>One of the most dangerous things 
cyclists can do, they said, is ride two-abreast. 
That practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic. 
It was unclear if the cyclists involved in this crash were doing so, Thibodeau said. But cyclists said they've seen dangerous behavior from those on both two wheels and four. 
"I've seen bicyclists who ride crazy," </b>Paterson said. "And I've seen cars that go too fast." 
In 1996, cyclist Jeffrey Steinwedel, 46, died on Stevens Canyon Road just up the road from Sunday's crash when a quarry driver struck him as he took a winter ride. The driver, Jon Nisby, was sentenced to a year in jail. 
The CHP is asking anyone who witnessed the crash to call (408) 467-5354, extension 337

I'll say he crossed the yellow line.


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## mohair_chair

cdmc said:


> You have jumped to a conclusion that there is negligence here. If you are not going to speculate, why do you assume that the officer was negligent? Why not just jump to the assumption that he committed an intentional act and demand that he be charge with homicide?
> 
> Without speculating, please explain how you have reached the conclusion that there is "clearly negligence here." I am failing to see it, but then again, what do I know, I am just a stupid litigator.


Stop trying to put words in my mouth. I'm not some dumb client of yours. 

I've ridden by that spot hundreds of times. I know it very well. It has clear sight lines. I know that the weather was perfect at the time. I've seen the pictures of where the car ended up (completely across the road and up the side of the embankment, with a bike wedged under the front bumper). Now, considering all these FACTS and that there is no mention of any extenuating circumstances, how is it not negligent to veer into the opposite lane and kill two people? I'd love to hear a litigator explain that one, based on the FACTS we know.


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## ucancallmejoe

reklar said:


> What a horrible tragedy ... my condolences to all friends and loved ones of the deceased ...
> 
> I agree with the previous poster ... I'm so tired of the caveat blaming the bikers for riding two abreast even when it is unknown whether they were doing that and it is known they were on the right side of the yellow line!
> 
> If you feel inclined, please write a letter to the editor of the Merc about this ... I will.
> 
> -------------------------------------------------------------------------
> http://www.mercurynews.com/letters
> 
> E-mail your thoughts to [email protected]. Requirements: 125 words or less; no attachments; include your name, address and daytime phone.
> 
> Letters will be edited for length and clarity. Street addresses and phone numbers are not published. The Mercury News reserves the right to publish and republish your submission in any form or medium.


My letter to the Merc:

It was inferred in your article “Two bicyclists struck and killed by sheriff's vehicle in Cupertino” that the cyclists somehow contributed to the accident by riding “two abreast”. Riding two abreast is both legal and safe if a driver of an automobile is operating his vehicle responsibly. The culture of blame directed by frustrated drivers against bicyclists is subtly and not so subtly promoted by the press. I am certain your readers would be outraged if you made a blanket statement regarding how pedestrians are killed due to excessive cell phone use or obesity.


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## wipeout

mohair_chair said:


> Stop trying to put words in my mouth. I'm not some dumb client of yours.
> 
> I've ridden by that spot hundreds of times. I know it very well. It has clear sight lines. I know that the weather was perfect at the time. I've seen the pictures of where the car ended up (completely across the road and up the side of the embankment, with a bike wedged under the front bumper). Now, considering all these FACTS and that there is no mention of any extenuating circumstances, how is it not negligent to veer into the opposite lane and kill two people? I'd love to hear a litigator explain that one, based on the FACTS we know.


Wish you guys would stop arguing with each other in this thread. Come on, 2 cyclists were killed in a tragic accident.


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## cdmc

mohair_chair said:


> Stop trying to put words in my mouth. I'm not some dumb client of yours.
> 
> I've ridden by that spot hundreds of times. I know it very well. It has clear sight lines. I know that the weather was perfect at the time. I've seen the pictures of where the car ended up (completely across the road and up the side of the embankment, with a bike wedged under the front bumper). Now, considering all these FACTS and that there is no mention of any extenuating circumstances, how is it not negligent to veer into the opposite lane and kill two people? I'd love to hear a litigator explain that one, based on the FACTS we know.


Nope, you are not "some dumb client of mine." You are a pissed off lay person that is jumping to conclusions.

Based on the facts, there are many potential explanations that do not involve negligence.

1) The officer passed out briefly. He has until now, and undiagnosed heart issue that caused a sudden drop in blood pressure.

2) There was a mechanical failure of the vehicle.

3) A wasp flew in the window and was stinging the officer leading him to lose concentration on his driving and veer into oncoming traffic. 


Accidents happen, that is why they are called accidents.


----------



## Francis Cebedo

This is from Matt's team mate, Isaias.
------------
Hello Friends, Family and Fellow Cyclist,

I apologize for this mass email, but I must say something. Yesterday at about 10:30am two cyclist were killed and one injured on a routine training ride in the foothills of Steven's Creek Canyon. One of the cyclist that passed was my friend and teammate Matt Peterson. I've gotten to know Matt Peterson over the last 2 years and have only positive things to say about him. There wasn't a time I can recall when he wasn't smiling. He will be missed.

If you are on this mass email, at some point I met you either on a bike ride, maybe dirt, maybe road, maybe I met you at a bike festival or maybe at trail work. In any case, we are all bound by one thing, our love, addiction, passion for everything cycling. 

I've been racking my brain trying to look for something positive to do or say that might make a lasting impression. Alas, in a grieving state it is hard to do. But I will ask you all, to take a moment to think about the situation. 

Is there something that we as cyclist can do\should do in order to be more visible? Would more road signs on the road help? I don't know the answers, but I believe that our collective minds can find an answer. 

It could have been any one of us that died yesterday! Please be sure to tell somebody how much care and love them today. Life is precious and you never know when it will be taken from you.

Thank You All,

Isaias
------------


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## Francis Cebedo

*And this is from Chris Lane of Roaring Mouse Cycles*

*Matt Peterson. Roaring Mouse team rider. Died at the scene.* 
<hr style="color: rgb(183, 183, 183);" size="1"> <!-- / icon and title --> <!-- message --> Today just simply sucks. So glad the shop is closed. Going to shut down the computer and turn off the phone. Maybe just go over to the shop and build something whilst listening to some very loud and very angry music. 

Slarts
Owner, Roaring Mouse Cycles


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## Francis Cebedo

Accident site:
Source: KTVU, Google Earth

Good Samaritan at bike crash says deputy believed he fell asleep
http://www.mercurynews.com/ci_8519919?nclick_check=1


----------



## mohair_chair

cdmc said:


> Nope, you are not "some dumb client of mine." You are a pissed off lay person that is jumping to conclusions.
> 
> Based on the facts, there are many potential explanations that do not involve negligence.
> 
> 1) The officer passed out briefly. He has until now, and undiagnosed heart issue that caused a sudden drop in blood pressure.
> 
> 2) There was a mechanical failure of the vehicle.
> 
> 3) A wasp flew in the window and was stinging the officer leading him to lose concentration on his driving and veer into oncoming traffic.
> 
> 
> Accidents happen, that is why they are called accidents.


Mechanical failure of the vehicle can represent negligence. 

A wasp flying in the window? Please. Don't insult us. When you get behind the wheel of your vehicle, <u>YOU</u> are responsible for where it goes. I would laugh out loud if I were on a jury and you said that. These guys are highly trained to deal with crisis situations. If the deputy continued driving in an uncontrolled fashion because he was swatting at a wasp, that <u>is</u> his choice, and it is negligence.


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## goloso

He must have been the author of the Twinkee Defense!


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## parity

I am quite sadden at these events and my heartfelt sympathy goes out to the friends & families of the cyclists. I have ridden on Stevens Canyon Road many times. I work in Cupertino and ride this area before or after work on many occasions. Given those of us who have ridden this road, the time of day and the circumstances will find it hard not to blame the police officer as negligent. Its hard to accept it was "just an accident". But we should wait to see what the out come of the investigation is.


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## Dr_John

> As far as the San Jose Merc's report, be serious. They didn't imply or otherwise try to blame it on the cyclists. They reported what someone said, and they reported that in some cases cyclists ride two abreast, which they clearly note is legal.


I am being serious. Then why mention it all? What does riding two-abreast have to do with the incident? The cop was on the wrong side of the road. Thanks for writing the letter ucancallmejoe, and see robwh9's highlights for the slant. And as I believe francois pointed out earlier, hardly looks like a 'blind curve' to me.



> These guys are highly trained to deal with crisis situations.


Couldn't agree more. I hold police officers to a higher standard than JQP when operating a motor vehicle.


----------



## California L33

cdmc said:


> Holy cow. It is amazing the hostility that the officer and the San Jose Merc have been treated with. Does anyone here honestly think that the officer intentionally did this? As far as him "getting off lighter" than the public at large, that is hardly true.
> 
> Accidents happen in life.


Many years ago, when I was in driver's school they taught us- There are no accidents with motor vehicles. There are collisions. We don't know the exact circumstances, but if the deputy fell asleep, it's his fault. Falling asleep is predictable. People know when they're falling asleep before they do, and they know they're dangerous behind the wheel and should stop. In the last California driver's training handbook (given to people renewing their licenses) it warned that being tired behind the wheel is exactly the same as being drunk. It is impaired driving.

I don't know if the deputy in this case has anything to mitigate his guilt. But I do know that the police aren't always treated the way they should be. Here's one of the more egregious examples-

http://www.news10.net/display_story.aspx?storyid=31946

A deputy in a powerboat traveling at nearly 50 MPH at night runs into a sailboat that only he says had no running lights and kills a passenger. The captain of the sailboat is charged with murder even though a sailboat always has the right of way, and the powerboat captain is responsible to travel at a safe speed for conditions.


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## Francis Cebedo

I went to the scene today at 4pm. There is a makeshift shrine for the fallen riders. Numerous cyclists and motorists stopped by to talk.

Here are some photos to share.

Here are the flowers and notes for Matt Peterson and Kristi Gough.







Take a moment out of your busy lives and LET'S MAKE THIS SHRINE GROW!

A crowd gathers.


This gentleman was going northbound ( a minute behind the police car involved) and was first on the scene. He shared with me his account of the aftermath.


This is where the police car came to a stop. It jumped the curb and hit the side of the hill.



Some debris on the curb.



This is the area where the fallen cyclists were lay.


This is the view coming northbound, the direction of the police car.






The Fremont Older Open Space Reserve parking lot is right below us.


This is the view from the direction of the cyclists.




francois
founder, mtbr and roadbikereview


----------



## danl1

Roeland said:


> This is a sad story. RIP.
> 
> Who falls asleep while driving at 10:30 in the morning?


Somebody pulling a double because of budget cuts?

Someone up all night with a sick kid?

Now, someone in such cases should have the capacity to realize they ought not be on the road - especially if they are a peace officer and have such safety education as part and parcel of their jobs. Alas, going 10-7 (break request) is often not what you'd call a career-enhancing decision.

As for the legal arguments, there is a difference between causality and negligence. Undoubtedly, the officer did not intend to do it. Pretty clearly, he is the cause of the accident. That does not prove negligence. The examples above (particularly the undiagnosed medical condition) are reasonable possible explanations that remove negligence. Not saying that's the case here, but the point that we just can't shout 'negligence' is valid.

Now, my personal opinion: As we currently have the information he simply 'feel asleep.' He probably knew he was quite tired before he even started the car; if not, sometime while driving he may have become aware of 'nodding off.' If either of those are the case and he didn't immediately get himself off the road, I'd be willing to call it negligence. If this was his first clue that he was sleepy, it's simply a tragedy. Alas, he's the only one that will ever know the truth. And while he's got the lighter end, it is still a tragedy for him, too.


----------



## snapdragen

I've heard another theory - the officer was using his computer while driving. 

This is just so damn sad for everyone involved. Blessings and condolences to the cyclist's families and the officer involved.

Everyone please be safe out there.


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## norton55

it really hits home when you put faces to the victims. it breaks my heart.


----------



## johnny99

fyi - looks like the Mercury-News has added 2 new reporters to this story and completely re-written the article. It is a lot more informative now.

http://www.mercurynews.com/ci_8519919

*Good Samaritan at bike crash says deputy believed he fell asleep*
By Denis Theriault, Leslie Griffy and Joe Rodriguez
Mercury News
Article Launched: 03/10/2008 06:13:28 AM PDT

There was no screech, no bang - no noise to warn bicyclist Daniel Brasse what was coming up around the corner Sunday morning on Stevens Canyon Road.

A Santa Clara County sheriff's patrol car was facing the wrong way on the wrong side of the road after slamming into a group of Brasse's riding partners. A deputy was walking around in a daze, later telling at least two witnesses he had fallen asleep.

One of Brasse's friends, Matt Peterson, 30, was already dead. Another, Christopher Knapp, 20, was writhing in agony, with two limbs broken. And the third, 31-year-old Kristianna Gough, her leg severed and her head bleeding, was gasping for air.

As he pedaled toward the gruesome scene, all Brasse could hear were screams.

"Screams of pain," he said, his voice cracking.

Today, Brasse told his story for the first time and the Bay Area cycling community continued to grapple with the deaths of two popular riders, one of them an Olympic hopeful. But the one question on everyone's mind remained: how, exactly, the deputy's white cruiser on a routine patrol came to veer across a double yellow line.

Brasse, who ran to Gough's side in the aftermath of the 10:30 a.m. crash, his first-aid training coming to life, never spoke with the deputy, 27-year-old James Council. But another cyclist, who had parked his car near the scene and had come to help the fallen riders, said the deputy was in a state of shock.

"I saw the officer pacing back and forth on the roadway. He said 'I must have fallen asleep,' " said Bryce Renshaw, a San Jose chiropractor.

Kevin Valerio, who was riding behind the four riders, in a different cluster, said Council seemed very disoriented at the crash scene. Another deputy was walking Council to her squad car as onlookers gathered, he said.

"She said don't talk to those people, put her arm around him and took him to the car," Renshaw said.

Council, whose father is also a deputy, could not be reached for comment tonight. California Highway Patrol investigators early Monday indicated there was no evidence the deputy fell asleep. Council's shift had started at 6 a.m., said Santa Clara County Sheriff's Sgt. Don Morrissey, and it wasn't an overtime shift.

"We are asking people to avoid speculation and we are avoiding speculating," said CHP officer Todd Thibodeau, adding that his department's inquiry could take as long as 30 days. "We are sticking with what we know until the investigation is complete."

It is unclear how fast the patrol car was going, how far it crossed the center line and where exactly on the opposite side of the road Council struck the group, Thibodeau said.

"There are a lot of details we are still trying to figure out," he said. " 'Why' is going to be a big question."

Morrissey described Council, who was put on paid administrative leave, as "very emotional" after the crash. He was sent home with an officer-in-crisis team, a group of peers who help a deputy deal with the traumatic after effects of such incidents.

Meanwhile on Stevens Canyon Road, Brasse was doing everything he could to keep Gough from slipping away until she could be airlifted to Stanford University Medical Center, where she eventually died hours later.

"She stopped breathing so many times," said Brasse, a project manager at Genentech. "Each time I told her, 'Baby, keep breathing. You're strong.' She kept fighting."

Brasse, a teammate of Gough's on the highly regarded Third Pillar Systems racing team, said he had long been impressed with her fortitude. Sunday morning, like most days, she had been pushing the pace, "putting the hurt" on the group as they pedaled from Canada Road and Highway 92 toward their finish line at the Stevens Creek Reservoir.

And usually, Brasse would be right there with her. But this time, he was hanging 10 or 20 seconds behind his training partners on Stevens Canyon, popular among cyclists because of its spacious shoulders. They had "gapped him," as they emerged from a residential area, surging ahead on a slight descent.

Put simply, Brasse said Monday, they were fresher than he was. Sleep had been a rare commodity since his wife gave birth to
their daughter Sophia three weeks ago.

" 'I thank Sophia for you being here today,' " the Australian said his wife told him after the crash.

Brasse was speaking outside the Stanford hospital room where Knapp, German racer who was training with the group, was recovering from a broken arm and leg. Knapp, reached at his room Monday afternoon, declined to talk.

Stanford was also where Gough's mother, Karen Sue Clarkson, had raced when she heard about the accident, only to arrive 10 minutes too late. Her daughter never regained consciousness.

"I thought she'd pull through because she survived at the scene, she was so strong," Clarkson said. "We all thought she would."

Clarkson remembered a daughter who showed signs of athleticism as an infant, who gave up a spot at Chabot College in Hayward to pursue her dream of becoming a professional triathlete..

"From the moment she was born, she was an athlete," Clarkson said over the phone from her home in San Leandro. "She could climb up a door jam when she was only two," Clarkson said "And the first time she saw a triathlon on TV she said, 'That's it! That's what I want to do."

Gough switched exclusively to cycling only recently. According to her colleagues, she won every race she competed in and quickly caught the eye of American cycling officials.

She was training for pre-Olympic time trial races next weekend in Visalia when the accident occurred on Stevens Canyon Road. Anthony Borba, captain of the Third Pillar racing club that Gough belonged to, said she was the only woman on the team and one of the most self-less teammates.

"She was it," Brasse said. "She was so gifted"

Roaring Mouse co-founder Larry Rosa remembers receiving an e-mail four years ago from Peterson, who said he was looking to get into shape. He had hit nearly 300 pounds in high school. Rosa said Peterson said the newcomer's outgoing personality and cycling were a perfect match.

"It's a measure of a man when he has friends," Borba said. "My team, as rivals, also loved and respected him. We were all tightknit."

Peterson, who won his first race last weekend, also had a profound effect on his own teammates after joining four years ago, said Larry Rosa, a Castro Valley photographer and co-founder of the team. While Peterson never dreamed of turning pro, he led the club to a elite level with his unmatched training discipline and infectious enthusiasm.

"Once Matt joined, he kind of brought it to the next level," Rosa said. "He picked up the slack and pushed us. . . . He was one of our strongest riders and certainly the hardest worker."

Rosa said he had received an e-mail in 2004 from Peterson, who said he was looking to get into shape. He had hit nearly 300 pounds in high school. Rosa said Peterson said the newcomer's outgoing personality and cycling were a perfect match.

"The community aspect of cycling is what gets people hooked on the sport," Rosa said. "Matt really got into the team concept."

Monday, Borba said the two teams were talking about taking part in a memorial ride on Saturday.

For Brasse, surviving the crash brings a sense of luck - and guilt. Referring to Knapp, the other survivor Sunday, he said: "We both feel a link for life now."

IF YOU'RE INTERESTED

The CHP is asking anyone who witnessed Sunday's crash to call (408) 467-5354, extension 337.


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## johnny99

Here's the latest Chronicle article, too. Most of the facts are the same as the Mercury-News, but there is some additional information.


http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/10/BACTVH7DF.DTL

San Francisco Chronicle
*Deputy told people at crash scene that he fell asleep, witnesses say*

Matthai Kuruvila,Demian Bulwa, Chronicle Staff Writers
Monday, March 10, 2008

(03-10) 18:49 PST CUPERTINO -- Distraught and pacing near his cruiser, a Santa Clara County sheriff's deputy who struck and killed two competitive cyclists on a winding road in Cupertino told people at the scene that he had fallen asleep at the wheel before veering across the center line, two witnesses said Monday.

"The policeman said he dozed off. He just didn't know what happened," said Daniel Brasse, 41, of San Mateo, who came upon the accident seconds after it happened at 10:25 a.m. Sunday on Stevens Canyon Road. Brasse had been training with the two cyclists who were killed and a third who was hit and seriously injured.

A second man who came upon the accident, 39-year-old Bryce Renshaw of San Jose, said he heard the deputy say, "My life is over."

"I said, 'What happened?' " said Renshaw, a chiropractor who had pulled over his car. "He said, 'I fell asleep at the wheel.' "

Neither the Sheriff's Department nor the California Highway Patrol, which is investigating the crash, would comment on the witness accounts.

The Sheriff's Department identified the deputy as James Council, 27, who was hired 18 months ago. He had started work at 6 a.m. Sunday after working a 12 1/2-hour shift the day before, but had been off for at least a day before that, Undersheriff John Hirokawa said.

Sgt. Don Morrissey, a spokesman for the department, said he could not legally comment on whether the department had tested Council's sobriety because it was a personnel matter. However, Morrissey said, "In incidents like this we take blood (for drug and alcohol testing). That's our policy. And we're to the letter of our policy right now."

CHP spokesman Todd Thibodeau said Council had left the crash site by the time the agency's investigating officer arrived Sunday. Council "has not provided a statement at this time," Thibodeau said Monday afternoon, though Hirokawa disputed that.

Thibodeau said the CHP had taken over the case at the request of the sheriff's office.

Council has been put on paid administrative leave. He could not be reached at his Santa Clara home Monday and did not return a telephone message. An older man at the house slammed the door on a reporter and shouted, "Stay away from the door."

Neighbors said Council's father, Toby Council, is also a Santa Clara County sheriff's deputy.

Department of Motor Vehicles records show that James Council was convicted in October 2001 of engaging in an exhibition of speed on a highway. It was not clear where the vehicle code violation occurred or how Council had been punished.

The crash Sunday killed bicyclists Kristy Gough, 30, of San Leandro and Matt Peterson, 29, of San Francisco. The third cyclist, 20-year-old Christopher Knapp of Germany, was hospitalized at Stanford University Medical Center, where his condition was upgraded Monday from critical to stable.

Council was working patrol when he crossed onto the wrong side of two-lane Stevens Canyon Road south of Ricardo Road and rammed the three southbound bicyclists head-on, authorities said.

The three victims and Brasse were among about a dozen people riding with Third Pillar, a San Mateo-based bicycle racing team, and Team Roaring Mouse from San Francisco. The group had started a ride at Highway 92 and Cañada Road west of San Mateo and had been heading toward Stevens Creek Reservoir, about five minutes by bike from where the accident happened, Brasse said.

Gough, Peterson and Knapp were in a lead group, riding single file, and Brasse had fallen about 10 to 20 seconds behind, he said. Behind him was coach Dmitriy Badeka in a minivan, and farther back were eight other riders.

Conditions were perfect on the road, Brasse said. "There couldn't have been a better day to ride," he said.

"They took the right turn before me, and as I came around I heard the screams, the pain and everything," Brasse said. "I looked at Matt and I knew he was dead. When I got with Kristy I stayed with her the whole time."

Brasse said Gough's left foot had been severed and her breathing was fluctuating, but she was conscious. He urged her on, saying, "Kristy, baby, keep breathing, keep breathing."

He added, "There were no skid marks, not that I could see. There was just debris from our sunglasses and bike pieces all over."

Renshaw, who had been on his way to a nearby parking lot and had planned to go on a mountain bike ride, said he drove around a corner and "saw carnage." Peterson was off the road and "pretzeled," Renshaw said. "His bike was wrapped in him."

While Brasse held Gough - whose bicycle was under the deputy's Ford Crown Victoria - Renshaw said he had tried to calm Knapp, who was in the roadway and appeared to have a broken left shoulder.

The deputy, Renshaw said, was pacing between his car and the victims.

Renshaw said he heard Council say, "My life is over," and "My career is over," and, "I need to help."

"He was kind of rambling," Renshaw said.

Soon, an ambulance arrived as did another sheriff's deputy who, according to Renshaw, told Council to stop talking.

Peterson was pronounced dead at the scene. Gough was taken by helicopter to Stanford University Medical Center, where she died, while Knapp was taken to the hospital by ambulance, authorities said.

Council was taken from the scene to a sheriff's station because he was so distraught, said Undersheriff Hirokawa. He said a CHP investigator had met with Council at that station.

"Our feelings and our thoughts are still with those families," Hirokawa said. "We're devastated at the loss of two young lives. What do you say to those families? What do you say?"

Sheriff Laurie Smith cut short a scheduled out-of-town trip and returned to oversee the case, Hirokawa said.

The sponsor of Third Pillar, Jon Orban, said Monday, "If somebody is just starting their shift, why is he falling asleep at 10:30 in the morning? In all this, that's the question to me."

Gough's mother told Orban that she hoped the case would be resolved quickly, according to Orban.

"It's not a measure of blame," Orban said. "It's a matter of closure. . . . I just don't want to have this thing drag out for four weeks."

Thibodeau said the CHP investigation was likely to take 30 to 60 days, after which the findings will be turned over to the Santa Clara County district attorney for possible charges.

Gough was a professional triathlete who recently took up road racing and who friends said won every race she entered this year. She and Peterson, also an amateur road racing cyclist who had done triathlons, both won their divisions in a March 1 road racing event in downtown Merced.

"Kristy was my best rider," Third Pillar coach Badeka, a former professional rider from Belarus, said in heavily accented English. "We made a plan on Saturday to try out for the Olympic Games, and then on Sunday this happens. I've never had this talent, and in future I don't know when I have talent again like this girl."

Chronicle staff writers John Coté and Henry K. Lee contributed to this report. E-mail the writers at [email protected] and [email protected].


----------



## California L33

johnny99 said:


> Renshaw said he heard Council say, "My life is over," and "My career is over," and, "I need to help."
> 
> "He was kind of rambling," Renshaw said.
> 
> Soon, an ambulance arrived as did another sheriff's deputy who, according to Renshaw, told Council to stop talking.


 This is the kind of thing I find disturbing. A deputy comes across a man who's just killed one person, has seriously injured two others (one of whom is going to die), and advises that person to stop talking- put up the big blue wall of silence. If it had been anyone other than a fellow officer that deputy would have pulled out her tape recorder and said, "Tell me what happened. Tell me more about how _your _career is over, how _your _life is over." Not only are the events freshest in the perp's mind, but it speaks to his state of mind. That way the DA could play it in front of the jury and explain that one of his victims is dead and another is still bleeding to death and he's worried about his career. He's also worried about his victims, but it's the third thing he mentions. His defense could say, "He was in shock, disregard it," but at least the DA could hear it, at least the jury could hear it. I'd like to see the deputy who advised Council to stop speaking to at least be investigated for obstruction of justice, because people were dead and he wanted to talk when his memory was freshest.


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## PaleAleYum

*From the revised reports*

it appears that officer Council did not provide any medical assistance to the victims contrary to the statement by Sgt. Morrisey to the Mercury. When Brasse caught up, (10-20 sec behind) he & Renshaw were providing assistance to Gough & Peterson.

I guess its not uncommon to have inaccurate info in early reports, but like the second deputy sherrif's comment, it does tend to portray a circle the wagons mentality. I'm not sure if that is a product of fraternity or the legal system.

I rode to the site yesterday to offer a few thoughts. This one is hitting pretty hard.


----------



## Francis Cebedo

PaleAleYum said:


> it appears that officer Council did not provide any medical assistance to the victims contrary to the statement by Sgt. Morrisey to the Mercury. When Brasse caught up, (10-20 sec behind) he & Renshaw were providing assistance to Gough & Peterson.
> 
> I guess its not uncommon to have inaccurate info in early reports, but like the second deputy sherrif's comment, it does tend to portray a circle the wagons mentality. I'm not sure if that is a product of fraternity or the legal system.
> 
> I rode to the site yesterday to offer a few thoughts. This one is hitting pretty hard.


"The deputy called for help and got out his car to perform CPR on the fallen cyclists, Morrissey said."
Another Leslie Griffy, Mercury News gem? To me it reinforces the initial bias so blatantly exposed. I am happy that they put in two decent writers to wipe out the wrongs of the initial report. This anti-cyclist bias has gone on too long on the 'dead cyclist' Mercury News reports I've read over the years.

And 30 days before we hear any official word from the Police Department?? Standard procedure maybe but that is a long time.

fc


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## mohair_chair

Two letters got published today:

Blaming cyclists is part of tragedy

Once again, we hear the tragic news about cyclists killed on the road (Page 1A, March 10), and once again, the tone of the article implies that it is the cyclists' fault. Toward the end of this otherwise fine article, we read the following. "Cyclists along the well-traveled stretch of road talked Sunday about the dangers of their sport - everything from speeding cars to drivers who blare their horns in an attempt to intimidate them. One of the most dangerous things cyclists can do, they said, is ride two abreast. That practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic." So, a sheriff's car crosses a double-yellow line and plows into a group of cyclists, killing two of them, and what we read is sympathy for the distraught driver, and words that shift the blame to the dead and injured cyclists, with absolutely no evidence presented that they were doing anything wrong. This is appalling.

Mark Flynn
San Jose

Education will help road awareness

Another bicycling accident Sunday in the Cupertino foothills snuffed out the lives of two young individuals and seriously injured a third. Unbelievably, a sheriff deputy's patrol car crossed the yellow line and ran head-on into a group of four riders. I've followed numerous bicycling accident trials over the years by at-fault drivers and can attest that the criminal convictions are typically little more than misdemeanors, a few months in jail or a short suspended license. Bicyclists are frustrated with this Wild West attitude that cyclists don't matter. As a cyclist, I'm hyper-aware when I drive that other individuals use our roadways. "Share the Road" is ingrained in me. Hopefully, as our bicycle awareness culture changes through better bicycle awareness education, a more accepting vehicle culture and stricter penalties, we can reduce these tragic accidents.

Henry Pastorelli
Los Altos


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## veloleo

Has anyone pondered what other distractions might have occurred to divert the Sheriff's attention? Did he drop something? Did he look at his video display? Was he text messaging anyone. Was his computer connection beeping or making some sort of alert?
A police officer does not simply head straight into an oncoming lane without some perturbing event! It is simply not possible on that stretch of road to fall asleep because the curves come too close together.


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## PaleAleYum

veloleo said:


> Has anyone pondered what other distractions might have occurred to divert the Sheriff's attention? Did he drop something? Did he look at his video display? Was he text messaging anyone. Was his computer connection beeping or making some sort of alert?
> A police officer does not simply head straight into an oncoming lane without some perturbing event! It is simply not possible on that stretch of road to fall asleep because the curves come too close together.


I've tried to keep an open mind on this one, but no matter which angle I look at it, Its not pretty. No skid marks = distraction, mechanical failure, or falling asleep. Absent mechanical failure, the officer will be at fault for either of the other causes. 

As a professional familiar with the system, an officer would know that the judicial process would go easier on falling asleep vs distraction. One thing for certain is that only the deputy sheriff in questions knows what happened.


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## Dinosaur

The Deputy was probably advised to stop talking as he looking at being a defendant in a double manslaughter case and a wrongful death suit against him, the Santa Clara County Sheriff's Dept and the City of Cupertino. The case is still under investigation. Probably the best thing for anyone to do in this situation, cop or no cop is not to say anything without an attorney.

No one wins. Two young people are dead, the Deputies career is over, needless to say what it does to him mentally.

It's very sad all-around for everyone.


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## TahoeBC

veloleo said:


> A police officer does not simply head straight into an oncoming lane without some perturbing event! It is simply not possible on that stretch of road to fall asleep because the curves come too close together.


I also find it hard to believe he fell asleep, I think it was just the first lame excuse he could come up with to make himself look less bad. It's pretty clear the guy likes to go fast, it seems more likely he overshot the turn to me.

"Department of Motor Vehicles records show that James Council was convicted in October 2001 of engaging in an exhibition of speed on a highway. It was not clear where the vehicle code violation occurred or how Council had been punished."


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## Chucko

TahoeBC said:


> "Department of Motor Vehicles records show that James Council was convicted in October 2001 of engaging in an exhibition of speed on a highway. It was not clear where the vehicle code violation occurred or how Council had been punished."


He'd have been a 20-year-old punk when that previous conviction happened. Most people I know matured significantly between 20 and 27.


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## CrankyMonkey

PaleAleYum said:


> it appears that officer Council did not provide any medical assistance to the victims contrary to the statement by Sgt. Morrisey to the Mercury. When Brasse caught up, (10-20 sec behind) he & Renshaw were providing assistance to Gough & Peterson.
> 
> I guess its not uncommon to have inaccurate info in early reports, but like the second deputy sherrif's comment, it does tend to portray a circle the wagons mentality. I'm not sure if that is a product of fraternity or the legal system.
> 
> I rode to the site yesterday to offer a few thoughts. This one is hitting pretty hard.


I think the "circle the wagons" and "taking care of your own" is pretty common in law enforcement. It's pretty common with most groups to try and protect your friends. They have a common bond and it's usually them against the world. So I guess it doesn't bother me that they encourage the deputy to shut his mouth and get in the car. 

The Sherif's department is in a tough spot on this one and they need to be working on damage control. The best thing they could do at this point is get extremely active with the cycling community and work to become one of our biggest advocates. Sponsor some charity rides, put bike patrols on popular cycling spots instead of patrol cars, etc...

As Francios points out, the media seems to be a big problem with how they cover these type of events. Everyone at work yesterday was convinced that riding side by side was one of the most dangerous things a cyclist could do and that we are all mavericks bombing down the mountain out of control. I explained the only thing out of control in this situation is the patrol car crossing the center line and crashing into some cyclists, head on. 

If you think about it this is a total freak accident, everything came together at precisely the wrong time. Had it been 10 seconds earlier it would have just been an out of control deputy running off the road.


----------



## TahoeBC

Chucko said:


> He'd have been a 20-year-old punk when that previous conviction happened. Most people I know matured significantly between 20 and 27.


I guess he just fell asleep after negotiating a number of turns just prior to this one  

Regardless of the reason barring mechanical failure, he knew whatever he was doing to cause this was dangerous and know one should have known this better than him, someone who is trained to be aware of situations like these.


----------



## CHUM

francois said:


> "The deputy called for help and got out his car to perform CPR on the fallen cyclists, Morrissey said."
> Another Leslie Griffy, Mercury News gem? To me it reinforces the initial bias so blatantly exposed. I am happy that they put in two decent writers to wipe out the wrongs of the initial report. This anti-cyclist bias has gone on too long on the 'dead cyclist' Mercury News reports I've read over the years.
> 
> And 30 days before we hear any official word from the Police Department?? Standard procedure maybe but that is a long time.
> 
> fc


oh boy.....this may get me into some hot water......i've known Leslie for years as a casual friend....i also helped her get started in cycling (road bike)....yes, she is a noob...and yes, she really enjoys riding and enjoys the outdoors (took her around the flat'ish areas of Uvas)......in the past few weeks she has expressed an interest in riding regularly, something she has not done for a while.....

While it is apparent there were errors in the initial reports, they have been continuously amended to reflect facts/details that may not have been available at the time......i would also like to believe when she reported the deputy performed CPR that she was simply writing what officer Morrisey stated (this belief may be biased simply because i know her).

I do not follow the Mercs writing close enough to have an opinion if they are anti-cycling or not.....they may be....i do respect your point-of-view FC, and tend to carry your words with weight ...i'll follow more closely in the future so i have an educated opinion.....

now may be a good time to open a dialog with Leslie and get some input from the inside.....as of now she has been receiving a plethora of nasty emails....none of which are constructive....maybe an open, non threatening dialog can be started (and no, she did not contact me about this...i checked in to see how she was.)....hopefully it will diffuse some hard feelings, answer some questions, and educate both sides a little.....you can reach her at:
Leslie Griffy 
[email protected]

and i agree...30 days to wait for a report is too long......i am also very saddened that 2 innocent people were killed so senselessly.....i do hope the deputy is punished harshly....from all accounts i've read, this tragedy was 100% avoidable.....and all fault lies on 1 individual..... 

respectfully,
Nick


----------



## thien

An update on memorial rides & services...

Marc Evans, Kristy's triathlon coach, is doing a memorial ride up Old La Honda. 
Pace will intentionally be slow.
When: Sunday, March 16, 11am
Where: base of OLH

Kristy Gough memorial service will be held at 5 Rings Cycling
Coordinated by Dmitriy Badeka (President of 5 Rings)
When Sunday, March 16, 2pm
Where: 5 Rings Cycling Center
297 N. Amphlett Blvd
San Mateo, 94401
Website: www.5rcc.com

Kristy Gough memorial ride 
When: Saturday, March 15, 2:30pm
Where: Woodside (exact location TBD)
Plan: Ride to Stevens Creek Canyon to site of the accident
Details: http://www.thirdpillarracing.com/memorialride.html


----------



## NTM

*"I must have dozed off..." Hmmmm*

I must have dozed off? After taking all the turns in that area? What about one of the reports that a cyclist saw a sheriffs car 10 miles and 15 minutes before the accident driving on the wrong side of the road? I've tried to give the officer the benefit of the doubt, but the more information that comes out, the more it's harder to do so:


(03-11) 12:23 PDT CUPERTINO -- The Santa Clara County sheriff's deputy who struck and killed two competitive bicyclists Sunday was charged in 2001 in Los Angeles with drunken driving and engaging in an exhibition of speed, court records show.

The two drunken-driving charges against James Council - one count for allegedly being intoxicated and one for having a blood-alcohol level above the legal limit of 0.08 percent - were dismissed by the Los Angeles city attorney's office in a plea deal during the arraignment process, the prosecutor who handled the case said today.

Council, now 27, pleaded guilty only to engaging in a speed exhibition, a misdemeanor. Commissioner Gary Bindman sentenced him to 24 months of probation and fined him $713, including court costs, said Deputy City Attorney Larry Shelley. Shelley said he did not recall the specifics of the case.

According to Shelley and court records, Council's violation occurred Sept. 15, 2001. He was charged Oct. 1 of that year and pleaded guilty 28 days later.

Council was hired as a Santa Clara County sheriff's deputy 18 months ago. On Sunday, he was 4 1/2 hours into a scheduled 12 1/2-hour shift when his cruiser crossed over the center line on Stevens Canyon Boulevard in Cupertino at 10:25 a.m., striking three competitive bicyclists head-on and killing two of them.

Two men who came upon the accident scene a short time after the crash said Council had said he must have fallen asleep at the wheel and didn't know what had happened.

Council is on paid leave from the Sheriff's Department while the California Highway Patrol investigates the crash.
Sgt. Don Morrissey, a spokesman for the department, said Monday that he could not legally comment on whether the department had tested Council's sobriety after the crash because it was a personnel matter. However, Morrissey said, "In incidents like this, we take blood (for drug and alcohol testing). That's our policy. And we're to the letter of our policy right now."

Council did not return a telephone call Monday seeking comment, and an older man who answered the door at his Santa Clara home told a reporter to leave.

The crash Sunday killed bicyclists Kristy Gough, 30, of San Leandro and Matt Peterson, 29, of San Francisco. The third cyclist, 20-year-old Christopher Knapp of Germany, was hospitalized at Stanford University Medical Center, where a spokesman said
today he was "doing well."


----------



## Henry Porter

CHUM said:


> oh boy.....this may get me into some hot water......i've known Leslie for years as a casual friend....i also helped her get started in cycling (road bike)....yes, she is a noob...and yes, she really enjoys riding and enjoys the outdoors (took her around the flat'ish areas of Uvas)......in the past few weeks she has expressed an interest in riding regularly, something she has not done for a while.....
> 
> While it is apparent there were errors in the initial reports, they have been continuously amended to reflect facts/details that may not have been available at the time......i would also like to believe when she reported the deputy performed CPR that she was simply writing what officer Morrisey stated (this belief may be biased simply because i know her).
> 
> I do not follow the Mercs writing close enough to have an opinion if they are anti-cycling or not.....they may be....i do respect your point-of-view FC, and tend to carry your words with weight ...i'll follow more closely in the future so i have an educated opinion.....
> 
> now may be a good time to open a dialog with Leslie and get some input from the inside.....as of now she has been receiving a plethora of nasty emails....none of which are constructive....maybe an open, non threatening dialog can be started (and no, she did not contact me about this...i checked in to see how she was.)....hopefully it will diffuse some hard feelings, answer some questions, and educate both sides a little.....you can reach her at:
> Leslie Griffy
> [email protected]
> 
> and i agree...30 days to wait for a report is too long......i am also very saddened that 2 innocent people were killed so senselessly.....i do hope the deputy is punished harshly....from all accounts i've read, this tragedy was 100% avoidable.....and all fault lies on 1 individual.....
> 
> respectfully,
> Nick


Sorry, she decided to attempt to blame two people that had passed away for something that was clearly not their fault. I sent her an e-mail a couple of days ago being polite and professional but taking her to task for her behavior. She didn't have the decency to reply to a polite e-mail. I can't say that I'm surprised.


----------



## ericm979

The Merc has had a consistent bias against both cyclists and motorcyclists for years. It's worst in accident reporting- the reports are very slanted towards the attitude that the cyclist/motorcyclist was doing something inherently dangerous (being on two wheels), so it's their fault for being there in the first place and no one should be suprised that they got hurt or killed.

A lot of people here have that attitude, so I don't know if the Merc is pandering to it's assumed readership, or if it is the attitude of the individual reporters. It's disturbing to hear that Leslie is a rider and still followed the party line of blaming the cyclists for riding.


----------



## CHUM

......


----------



## Roeland

Falling "asleep" while driving at 10:30 AM = driving with a hangover. James did have a history. He pleaded out two DUIs in 2001. 

http://www.mercurynews.com/ci_8533238?nclick_check=1

The kicker is that the sherrif's department did not do a blood alcohol check, even though it is protocol, and on Monday they claimed they did a blood alcholol check.

There are way too many inconsistencies in this story. Someone is not telling the truth.


----------



## K-Zero

francois said:


> Take a moment out of your busy lives and LET'S MAKE THIS SHRINE GROW!


I visited the site just few hours ago, and it looked like the shrine has grown a bit. I wonder if someone has a photo of Kristy that they can place along with Matt's?

What I couldn't believe was that while I was standing by the shrine, I saw an SUV sped right out of the corner -- tires screeching and all. It's sickening to see that even after such public tragedy, some people are still treating this road like a race course.

K-Zero


----------



## orthobiker

*Daylight Saving Time*

In all the discussion of this tragedy I did not see any mention that Sunday was the first day of Daylight Saving Time. There was one less hour to the night and if the deputy worked a 12 1/2 shift the day before he was probably sleep deprived. Perhaps it is time to re-think schedules in the spring when the time changes. Moderate sleep apnea has been shown to equal reaction times similar to legally drunk alcohol levels.


----------



## goloso

*interesting point of view*



CHUM said:


> oh boy.....this may get me into some hot water..[...]
> 
> While it is apparent there were errors in the initial reports, they have been continuously amended to reflect facts/details that may not have been available at the time......i would also like to believe when she reported the deputy performed CPR that she was simply writing what officer Morrisey stated (this belief may be biased simply because i know her).
> 
> [....]
> 
> now may be a good time to open a dialog with Leslie and get some input from the inside.....as of now she has been receiving a plethora of nasty emails....none of which are constructive....maybe an open, non threatening dialog can be started (and no, she did not contact me about this...i checked in to see how she was.)....hopefully it will diffuse some hard feelings, answer some questions, and educate both sides a little.....you can reach her at:
> Leslie Griffy
> [email protected]
> 
> and i agree...30 days to wait for a report is too long......i am also very saddened that 2 innocent people were killed so senselessly.....i do hope the deputy is punished harshly....from all accounts i've read, this tragedy was 100% avoidable.....and all fault lies on 1 individual.....
> 
> respectfully,
> Nick


I was one of the people who sent her a terse (not nasty) letter. Frankly, even with your inside point of view I still have no sympathy for her. Her job as a reporter is not to just be a PR hack for the sheriff's department but to investigate, verify and then report. Its her byline, she is responsible. I think slandering crime victims should be a firing offense. Do you think if she were reporting on a rape she would have spent 75% of the article describing what the victim was wearing?

I am really sad about the needless, albeit accidental, loss of life. I am angry with the Merc for their reportage

The Sheriff's department is owning up to their responsibility for this incident despite what appear to be some serious investigative mistakes. Will Leslie and the Merc have the courage to do the same? 

Thanks for your unique perspective Nick!

-G


----------



## California L33

Roeland said:


> Falling "asleep" while driving at 10:30 AM = driving with a hangover. James did have a history. He pleaded out two DUIs in 2001.
> 
> http://www.mercurynews.com/ci_8533238?nclick_check=1
> 
> The kicker is that the sherrif's department did not do a blood alcohol check, even though it is protocol, and on Monday they claimed they did a blood alcholol check.
> 
> There are way too many inconsistencies in this story. Someone is not telling the truth.


I can't make your link work. Where did you read he had two DUIs? I read about one exhibition of speed, but that can be something as simple as a high school kid dipping his drive wheels in water and doing a burnout in front of the mall in the family Toyota- it can also be worse, but playing devil's advocate for a moment. There are no 'innocent' DUIs, and two is a pattern.


----------



## CrankyMonkey

orthobiker said:


> In all the discussion of this tragedy I did not see any mention that Sunday was the first day of Daylight Saving Time. There was one less hour to the night and if the deputy worked a 12 1/2 shift the day before he was probably sleep deprived. Perhaps it is time to re-think schedules in the spring when the time changes. Moderate sleep apnea has been shown to equal reaction times similar to legally drunk alcohol levels.


I thought about this too on Monday. I took an extra nap on Sunday because I was extra sleepy. Our whole house was out of control with our schedules due to the time change.


----------



## thien

*From Third Pillar Cycling Team:*

Team Roaring Mouse Cycles and Third Pillar Racing Team are holding a joint
memorial ride this Saturday March 15th, to honor the lives of Kristy Gough and
Matt Peterson, our two teammates killed on Steven's Creek Canyon last Sunday
while on a training ride. We welcome friends, family, fellow cyclists and all those
whose lives have been touched by Matt and Kristy. Our ride will include a visit
to the site of the crash site for those to share their memories

When: Saturday, March 15th

Where: Leaving from Foothill College

12345 El Monte Road,
Los Altos Hills, CA 94022

Google map to location:http://tinyurl.com/2b6qvb

**We kindly request you do NOT drive out to the crash site during this time, as
we need to keep cars to a minimum in the area, given the road conditions.

Time: Meet at 2:30pm, ride by 3pm

Length: 30-45 minutes to the crash site. Base pace (ie, mellow). No drop.

Route:

Start @ Foothill College (Parking Lot #1, near the football stadium; see link
above for map)

– Left on El Monte

– Right on Foothill Expressway

– Continue on Steven's Creek Canyon

– Return

Route directions via Google: http://tinyurl.com/2pc8pf

*Press are welcome to attend, however we request respect during our ride. It
would mean the most to us if press were to accompany us on their bikes, as we
are all cyclists this week.


----------



## mohair_chair

*Sheriff Admits Fault*



> Santa Clara County Sheriff Laurie Smith, speaking publicly for the first time since one of her deputies barreled his patrol car into a group of bicyclists Sunday, broke down in her office Tuesday, saying she was "more than sorry" for the crash that left two riders dead.
> 
> "We accept responsibility," Smith said, crying. "Our whole department is sorry. We feel terrible for this incident, for the families, for the victims."
> ...
> 
> Smith said she did not know whether Council - who was about four hours into his Sunday shift after working a 12 1/2-hour shift the day before - fell asleep at the wheel. After the crash, witnesses said they heard the deputy saying he had nodded off.
> 
> "I don't know if he dozed off," Smith said. <b>"It's fair to say at this point that we know that we caused the accident. I understand, well, I believe, that we will be found at fault."</b>


http://www.mercurynews.com/news/ci_8542700


----------



## Roeland

California L33 said:


> I can't make your link work. Where did you read he had two DUIs? I read about one exhibition of speed, but that can be something as simple as a high school kid dipping his drive wheels in water and doing a burnout in front of the mall in the family Toyota- it can also be worse, but playing devil's advocate for a moment. There are no 'innocent' DUIs, and two is a pattern.


From the SJMN article:

New details also emerged Tuesday about Council's 2001 conviction for being involved in a speed contest in Los Angeles County. Council, 20 at the time, also was charged with two drunken-driving counts: driving while intoxicated and having a blood-alcohol content greater than 0.08 percent, court records show.

In a plea deal, records show, Council was only convicted of street racing. He received 24 months of court probation - a punishment that had ended before he was hired by the sheriff's department.

Sheriff's officials knew about Council's conviction and the plea deal. After standard background checks, he was hired about 18 months ago. Smith defended hiring Council, a 1999 Bellarmine High graduate. Council - a Loyola Marymount University alum who lives in Santa Clara - remains on paid administrative leave.

Sheriff's spokesman Sgt. Don Morrissey said one mistake doesn't necessarily disqualify a job candidate. Evaluators want to see if there is a pattern of mistakes. That wasn't the case with Council, authorities said.

"He has had that one incident," Morrissey said. "There weren't any other incidents. We look at that as being young and making a mistake, adapting and learning from that mistake and becoming a viable candidate."


----------



## Dinosaur

I read that the Deputy was not at the scene upon arrival of the CHP and he has yet to be interviewed. Interesting...


----------



## mohair_chair

Dinosaur said:


> I read that the Deputy was not at the scene upon arrival of the CHP and he has yet to be interviewed. Interesting...


From the article I just posted:



> When CHP investigators arrived at the accident scene, Council had already been taken back to the West Valley sheriff's station. Removing a distraught driver from the scene of a serious accident is a common practice, sheriff's officials say. Sheriff's officials would not comment on whether they asked Council to submit to a blood test at the substation.


I can't help but think that "removing a distraught driver from the scene of a serious accident" would be considered hit and run if this weren't a deputy sheriff. I don't think ordinary citizens would be accorded that courtesy.


----------



## wipeout

goloso said:


> I am really sad about the needless, albeit accidental, loss of life. I am angry with the Merc for their reportage
> 
> The Sheriff's department is owning up to their responsibility for this incident despite what appear to be some serious investigative mistakes. Will Leslie and the Merc have the courage to do the same?
> 
> Thanks for your unique perspective Nick!
> 
> -G


http://www.mercurynews.com/ci_8542703

The Merc's reporting slant is hardly anti-cycling.


----------



## PaleAleYum

wipeout said:


> http://www.mercurynews.com/ci_8542703
> 
> The Merc's reporting slant is hardly anti-cycling.



Two points:

#1 Patty Fisher is a columnist not a reporter. Columnists are supposed to have an opinion, Reporters are supposed to report facts pertinent to an article.

#2 The initial article is what the uproar is about. The Mercury News has done a better job of keeping to the facts once they received a HUGE backlash about the filler content of the initial article. They know that the initial article was a screw up, and I believe the editors are watching the content of their writers more closely until this topic dies down.

FWIW, I'd agree that Ms Fisher's column is not biased or inflammatory. I just wished that she used a few more sources than the CHP/police to answer/double check the questions she brought up.


----------



## Dinosaur

*I could not click on that link....*



mohair_chair said:


> From the article I just posted:
> 
> 
> 
> I can't help but think that "removing a distraught driver from the scene of a serious accident" would be considered hit and run if this weren't a deputy sheriff. I don't think ordinary citizens would be accorded that courtesy.


I could not click on that link. I am a retired CHP and also a cyclist. I worked that area, I've ridden it. I feel as bad as anyone else. I encounter the same situations as any other cylcist on the road. Let's not turn this into a hate cop type thing. Cops are more critical on themselves than the public. Let justice run the course. Due process is what it's all about. All can say is thank God I never did anything like that, I could not live with myself. I imagine they took his gun away from him.

As for removing the deputy from the scene. It's not a hit and run. He stopped at the scene. He was identified. Everyone knew who he was. They can ask that question at a press conference. I was just wondering why he has not given a statement as of yet.

And for info- when you take that first tight left hand curve on Monto Bello Rd where the high dirt berm is on the right. I worked a double fatal involving two teenagers about 25 years ago. I have lot's of history in that area. No more. 

I feel real bad about this. I just wonder when my time will come.

Peace
Dino


----------



## bkranich

mohair_chair said:


> From the article I just posted:
> 
> 
> 
> I can't help but think that "removing a distraught driver from the scene of a serious accident" would be considered hit and run if this weren't a deputy sheriff. I don't think ordinary citizens would be accorded that courtesy.


Well, if it's an ordinary citizen removing someone from the scene, then yes, it would be leaving the scene. However, if it's an officer/deputy removing someone from the scene, they're not going to turn around and charge them for hit and run.


----------



## goloso

*Are you kidding?*



wipeout said:


> http://www.mercurynews.com/ci_8542703
> 
> The Merc's reporting slant is hardly anti-cycling.


Here is a re-post of the first article. It reports false information favorable to the Sheriff (the CPR bit, the blind curve part), it presents idle speculation as fact (the riding abreast, part of a large group part) and presents extraneous information that may be technically correct but is misleading (the cyclists who ride crazy etc...)

This was a hatchet job on the cyclists presumeably for the benefit of the sheriffs dept. and I believe the reason that the Merc is now paying so much attention to this issue is because they received lots of letters from pissed off cyclists who saw this article for what it truly was.

By the way, I very seriously doubt the accuracy of the _editorial_ you linked. I am going to check with my contact at the Sheriffs dept and try to verify this when things settle down a bit.


_Two bicyclists struck and killed by sheriff's vehicle in Cupertino
By Leslie Griffy
Mercury News
Article Launched: 03/09/2008 12:21:11 PM PDT


Two bicyclists were killed when a Santa Clara County sheriff's patrol car going around a blind curve crossed the double-yellow line on Stevens Canyon Road in Cupertino and struck them shortly before 10:30 a.m. today, authorities said.

A third cyclist was seriously injured and is being treated at Stanford Medical Center. A fourth cyclist in the group was unhurt.

The identities of the dead and injured cyclists and the deputy involved were not immediately released. CHP officer Todd Thibodeau said a 29-year-old San Francisco man died at the scene and a 30-year-old Oakland woman died as she was being flown to Stanford Medical Center. A 20-year-old man was injured, he said.

The deputy has been with the force for about a year and half, Sgt. Don Morrissey said. He was driving north on Stevens Canyon Road near Montebello Road when he crossed the center line on the narrow road and hit the three cyclists, who were riding south.

The deputy called for help and got out his car to perform CPR on the fallen cyclists, Morrissey said. The deputy will be placed on routine administrative leave pending an investigation by the CHP.

"He's taking it very hard," Morrissey said. "The whole department is saddened."

Thousands of cyclists cruise the winding road leading to Stevens Creek Reservoir, cyclist Steve Paterson, 49, of Cupertino said, as he was turned away from a road block near Ricardo Road set up because of the crash.

"There are so many rides up here," he said.
Advertisement
"Club rides, sponsored rides, groups of friends."

It's unclear if the four cyclists involved in the crash were riding as part of larger group, but Morrissey said they may have been doing a training ride.

Other cyclists noted that riders in large groups will sometimes ride two-abreast. The practice is not illegal but can be extremely dangerous on narrow, winding roads with a large amount of traffic. It was unclear if the cyclists involved in this crash were doing so.

"I've seen bicyclists who ride crazy and I've seen cars that go too fast," Paterson said.

The opportunities for hill climbing and downhill coasting, as well as a roadway cleared of much debris make the area tempting for cyclists. Today's beautiful weather brought out scores of riders.

"It's spring and everyone is ready to get out and go for a ride," said Mike Riepe, of San Jose, hitting the road after hauling his mountain bike up a trail.

But blind turns like the one near the crash site make him nervous, Riepe said.

In 1996, cyclists Jeffrey Steinwedel, 46, died on Stevens Canyon Road just up the road from today's crash, when a quarry driver struck him as he took a winter ride. The driver, Jon Nisby, was sentenced to a year in jail.

The last time a Santa Clara County sheriff's deputy was involved in a fatal car crash was in 1994. A deputy trying to keep a suspect from running struck and killed the man near the intersection of West San Carlos and Bascom Avenue.

While a Santa Clara County District Attorney's office probe of the incident found the deputy had been driving improperly, it cleared him of violating any laws.

Deputies can drive as much as 200 miles a shift, Morrissey said.

The CHP is asking anyone who witnessed the crash to call (408) 467-5354, ext. 337._


----------



## cheddarlove

*Hey NorCal*

I am so sorry for your loss. 
It affects each and every one of us. 
The reports are vile and I am sorry I read the detailed report. :cryin: 
Many of us have shed tears over this. Over the senseless loss of people we don't even know. I rode yesterday and they were on my mind the whole ride. 
It looks like such a great road to ride!
I hope you will all band together and do a memorial ride and I hope 10,000 people show up!! 
We all feel the pain!!


----------



## refund!?

A long time cop friend of mine told me once years ago that a lot of folks join the "force" so they can drive fast, carry a gun, get in fights, wreck cars, etc, and not get in trouble or be protected if they do. He said most don't sign up for those reasons but if the public had access to "internal investigations" they would know it was true that some do. He went on to say that's one of the reasons cops need to held to a much higher set of standards than the average person.


----------



## Dinosaur

*They are*

"He went on to say that's one of the reasons cops need to held to a much higher set of standards than the average person".[/QUOTE]

People go into law enforcement for different reasons. I think mine were to drive a neat car and wear a flashy uniform. That was in 1971. Over the years my main objective was to survive. Only about 20% of police officers make it to a full service retirement. Some quit, get fired, hurt, or killed (I knew 8).

Cops are held to a higher standard. They should be, it goes with the territory. 

And of course I'm sure your friend told you that 90% of police work is paper work. You are more secretary than cop.

These threads should be about the deputy who killed the cyclists, not all cops in general.


----------



## lynchie400

The Sherriffs officer needs to be brought to justice. Vehicular manslaughter ,wrongful death, and bye bye job..time for a desk job. A protocol must be put in place for all officer involved accidents....If this was an average Joe texting or falling asleep he would be doing some hard time.. Cyclists get tickets for riding on the wrong side of the road , what does the law man get for driving and killing on the wrong side of the road? 
www.velonews.com/article/73458/questions-about-the-cupertino-crash-


----------



## Dinosaur

*Protocol was set in place*



lynchie400 said:


> The Sherriffs officer needs to be brought to justice. Vehicular manslaughter ,wrongful death, and bye bye job..time for a desk job. A protocol must be put in place for all officer involved accidents....If this was an average Joe texting or falling asleep he would be doing some hard time.. Cyclists get tickets for riding on the wrong side of the road , what does the law man get for driving and killing on the wrong side of the road?
> www.velonews.com/article/73458/questions-about-the-cupertino-crash-



Standard procedure for the Santa Clara Sheriff's Department is to call a District Attorney to the scene of an on-duty officer incident occurring while under the authority of colors involving serious injury or death. No one called them. Questions remained unanswered. The Deputy was not at the scene when the CHP arrived. So far, to my knowledge, he has refused to make a statement to the CHP regarding the accident. Cops sometimes look the other way in minor violations, such as getting stopped for a traffic violation. In serious cases where you could lose your job for granted special favors you don't. If this involved an average joe it would have been handled differently. I don't get it.


----------



## Dinosaur

*County aims to settle after cyclists' deaths*

http://www.mercurynews.com/ci_8635245


----------



## CrankyMonkey

This is going to be really painful for the county. I wonder what a appropriate amount would be for a situation like this? $1M... $5M... $10M... more? I would push for the MAX on this one and use the money to set up an aggressive cycling awareness program. Try to turn around this tragedy and make some good out of it.


----------



## wipeout

CrankyMonkey said:



> This is going to be really painful for the county. I wonder what a appropriate amount would be for a situation like this? $1M... $5M... $10M... more? I would push for the MAX on this one and use the money to set up an aggressive cycling awareness program. Try to turn around this tragedy and make some good out of it.


Appropriate amount is usually calculated based on the amount the victim would earn over the course of his or her lifetime.

Aggressive cycling awareness program? Like --- what ?


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## CrankyMonkey

Dancing Panda's on street corners with big signs that say SLOW DOWN or WATCH FOR BIKES!...  (just kidding)

Not sure what would be the most effective... lots of advertising... lobbying... eduction programs... etc. I'm sure with the right amount of money I could hire some marketing genius to develop a good program for me.


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## Summit_Rider

*Cycling awareness program:*

I think it would be great to put all the 
law officers and our legislators on bicycles and make them ride in traffic 
on narrow roads so they could get a real life perspective of the attitude of 
the drivers and the dangers they pose to cyclists.

A good start would to pass the "Three Foot Rule" minimum distance from vehicle to a cyclist that other states have adopted. Along with the "Three Foot Rule" a mandate that the law is strictly enforced by traffic officers and in the courts.


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## California L33

Summit_Rider said:


> I think it would be great to put all the
> law officers and our legislators on bicycles and make them ride in traffic
> on narrow roads so they could get a real life perspective of the attitude of
> the drivers and the dangers they pose to cyclists.
> 
> A good start would to pass the "Three Foot Rule" minimum distance from vehicle to a cyclist that other states have adopted. Along with the "Three Foot Rule" a mandate that the law is strictly enforced by traffic officers and in the courts.


A three foot rule wouldn't have helped in this case, but you're right, it needs to be done.


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## Roeland

Does anyone have any news on how this case is progressing? There are several open issues, including the financial settlement Laurie Smith promised the estates of Matt Peterson and Kristy Gough. Also, did the CHP complete their testing of James Council's blood sample? Did Council ever make a statement, and was such a statement made public? What disciplinary action did Smith take on Council?


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## Francis Cebedo

A little update is here:


http://www.mercurynews.com/ci_8879057 

fc


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## Francis Cebedo

CHP: Deputy should face criminal charges in death of two bicyclists in Cupertino
By Sean Webby
Mercury News
Article Launched: 04/11/2008 07:39:33 PM PDT

A report by California Highway Patrol investigators recommends a Santa Clara County sheriff's deputy face criminal charges for smashing his patrol car into a group of bicyclists, killing two of them.

After a month-long investigation, the CHP is suggesting in the report that the Santa Clara County District Attorney's Office file two misdemeanor vehicular manslaughter charges against Deputy James "Tommy" Council, sources told the Mercury News.

If Council were convicted of these charges, the 27-year-old deputy could face up to two years in jail. While no information was available Friday regarding the CHP's rationale for its recommendation, the fact that Council might face misdemeanor charges - rather than felonies - suggests investigators do not believe the deputy is guilty of gross negligence such as drunk driving.

Prosecutors received the CHP's report Thursday and are now reviewing it, Assistant District Attorney David Tomkins said.

The district attorney's office then will either file charges - not necessarily the ones suggested - decline to file charges or send the report back for further investigation. Tomkins gave no timeline.

Council, through his lawyer Mary Sansen, declined to comment.

The deputy was on patrol on the morning of March 9 on Stevens Canyon Road in Cupertino when his patrol car crossed double-yellow traffic lines and smashed into a group of training cyclists. Matt Peterson, 29, of San Francisco, and 
Kristy Gough, 30, of Oakland died in the crash. Reached by phone, Gough's family declined to comment.
Some witnesses reported that they heard the deputy say he may have fallen asleep at the wheel. It was unclear Friday if the report, which was not publicly released, concluded why Council crashed into the cyclists.

While the CHP could have recommended no charges, the misdemeanors are on the lower end of the spectrum that Council could face. The CHP might have recommended felony vehicular manslaughter, which carries a penalty of six years in prison for each count.

The difference between the two charges is in the degree of negligence. For example, if Council knew he had a medical condition such as sleep apnea and drove anyway, investigators may have recommended more serious charges. Drunk drivers who kill people in accidents are often charged with felony vehicular homicide.

But sources told the Mercury News that the deputy was apparently not drunk nor did he have any sleep disorders that he knew of.

Recent car crashes which have ended up in court illustrate the range of charges that can arise. A University of California-Berkeley student who caused an accident while driving journalist David Halberstam to an appointment in Menlo Park was convicted earlier this year of misdemeanor vehicular manslaughter in connection with Halberstam's death. He was sentenced to five days in jail.

In 2006, a diabetic man who allegedly overdosed on insulin medication caused a fiery crash on a freeway off-ramp in San Jose, killing a young couple. The man was indicted by a grand jury earlier this year in Santa Clara County on charges of felony vehicular manslaughter.


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## TurboTurtle

"...suggests investigators do not believe the deputy is guilty of gross negligence such as drunk driving."

It certainly is a good measure of our 'vehicular society' that someone not able to control a two ton piece of equipment which kills two people, is not considered guilty of gross negligence. - TF


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## wipeout

New update:

www.mercurynews.com/ci_9073163

"... California Highway Patrol investigators have since recommended that Council face two misdemeanor vehicular manslaughter charges. Prosecutors are reviewing the recommendtion. He could face up to two years in jail if convicted. ..."

Wow, two misdemeanor manslaughter charges. I am underwhelmed...


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## odeum

*take out a coupla cops...*

as a citizen and see what the "recommendation" would be in any event...

we have here a double unfairness, the victims met this fate at the hands of law enforcement, who gang together to protect their own, and cyclists are seen by the general public at best as engaging in something that cannot be related to from their frame of reference, a puzzling nusiance, even as second class citizens, reckless and irresponsible.

so i fear the public will aid and abbett this law enforcement gangland mode here by not expressing local outrage in numbers. 




recommendtion. He could face up to two years in jail if convicted. ..."

Wow, two misdemeanor manslaughter charges. I am underwhelmed...[/QUOTE]


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## rideorglide

mohair_chair said:


> As a cyclist, I'm hyper-aware when I drive that other individuals use our roadways.


That's where it's at.

UNtil every road user is as aware-- and right now very few are -- this is going to be a recurring theme.

It's all about awareness -- although in some places it's also, sadly, about giving a rat's azz.

Cyclists who aslo drive, are generally very aware, and drive with this in mind. We have a lot of awareness-building to do, and it's gonna take time.


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## BikeLV702

Well I personally agree that he will get off with a lighter sentence than you and I. Had I done this I would recieve manslaughter(at least) and the cop will more than likely get off. So with that said though I would never want to be in the position of having killed two people and traumatizing an entire slew of family members and friends.

Either way I hope the surviving bicyclist gets better soon and my thoughts go to the two that passed, along with their families.


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## bkranich

For all the cop haters here, the sentence isn't one that's out of line, as it certainly has precedent.

A few years ago my wife's uncle dropped a cigarette in his lap while he was driving his work truck. He looked down to get rid of it and slammed into an occupied car, killing the driver. Manslaughter, a year in jail. He's not a cop, he's a construction worker. Granted, this is in a different state, but even when you read the article about the incident in this post, it shows there's precedent for manslaughter vs. homicide.

In the eyes of the law, there's negligence, and gross negligence. Obviously CHP and the DA's office didn't feel there was willful intent on the deputy's part, hence the lower charge.


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## ride_lite

latest update:

http://www.mercurynews.com/ci_9639123?source=rss


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## Dr_John

Just rode by the site today. Still sad to see.


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## Roeland

It still breaks my heart when I pass through there. Probably always will.


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## thinkcooper

Misdemeanor manslaughter charges were filed. Two years maximum sentence. My higher math says that totals one year for the death of each cyclist. Likely that will be reduced to less time... Absurd.

Misdemeanor manslaughter charges are filed when there is not gross negligence involving a fatality. Falling asleep behind the wheel and careening across a solid yellow line into two innocent cyclists sure seems like gross negligence to me.


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## wipeout

Latest news: http://www.mercurynews.com/ci_9645251

"It was an accident, a horrible accident," the elder Council said in March. "It's like walking to church and getting hit by a meteor. Outta your control."

Yeah, right...

This should be a felony, not a misdemeanor.


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## smw

and he has been getting paid the entire time. Sometimes our penal system is a real joke.:mad2:


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## wipeout

Read what some moron posted as a response to the San Jose Mercury News article:


"...

"Einstein":

No one wants to address the larger issue of why people are allowed to "train" for sports using the public roads?

They have no permits, no licenses, no registration, no insurance. There is no regulation whatsoever.

They pay no taxes.

Surely some of the state budget deficit could be reduced if we taxed, licensed, and registered bicycles.

Perhaps an additional sales tax surcharge on bicycles and related equipment.
..."

Amazing what some people think.


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## Dr_John

The "larger issue?" Oh my. Larger than two people being killed who were just riding along? Yeah, what a fool.

It was front page of the Mercury News today and got some coverage early on on the Chanel 11 broadcast last night.


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## Dr_John

Well, apparently Council couldn't be bothered to be present to enter his plea, so his attorneys entered a plea of "not guilty" for him. What, so his contention is he didn't plow into three and kill two cyclists? Unreal:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/04/MNAK12502P.DTL&tsp=1

Yeah, I know it's standard practice to enter a plea of 'not guilty.' Guess I was just hoping for a bit more from this.


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## CoLiKe20

thanks for the update.

so sad....


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## peyo

Dr_John said:


> Well, apparently Council couldn't be bothered to be present to enter his plea, so his attorneys entered a plea of "not guilty" for him. What, so his contention is he didn't plow into three and kill two cyclists? Unreal:
> 
> http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/04/MNAK12502P.DTL&tsp=1
> 
> Yeah, I know it's standard practice to enter a plea of 'not guilty.' Guess I was just hoping for a bit more from this.


Were you hoping for a plea bargain? He played it by the book, as expected. Let's see how this turns out.


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## SystemShock

thinkcooper said:


> Misdemeanor manslaughter charges were filed. Two years maximum sentence. My higher math says that totals one year for the death of each cyclist. Likely that will be reduced to less time... Absurd.
> 
> Misdemeanor manslaughter charges are filed when there is not gross negligence involving a fatality. Falling asleep behind the wheel and careening across a solid yellow line into two innocent cyclists sure seems like gross negligence to me.


+1. The families will be lucky if the tool serves even a year.

...


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## Dr_John

*Update*

The families have filed wrongful death lawsuits:



> Gough's mother, Karen Clarkson, filed suit Monday and Peterson's parents, John and Betty Peterson, filed their complaint Wednesday. Both suits name Council, the county and the sheriff's office as defendants and seek unspecified monetary damages.





> Council "negligently, carelessly, recklessly and unlawfully" crossed the center line while driving his patrol car on Stevens Canyon Road in Cupertino, striking the two cyclists, the suits said.


I still find it hard to believe and disturbing everytime I pass the site. 

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/27/BA6A12JIKA.DTL&tsp=1


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