# Ashleigh Jackson Hit and Run in Los Gatos Area



## Francis Cebedo

Here is a serious accident in the Los Gatos Saragota area with a Hit and Run driver. Be on the lookout for a late model silver BMW 7 series car with a broken right mirror.

http://maps.google.com/maps?f=q&sou...245635,-122.013988&spn=0.034231,0.089006&z=14

-----------
Dave Nelson here
Ashleigh is Serious and Stable condition right now. Her head had rapid acceleration and deceleration of the brain. She has some slight bleeding on the brain. She is at Valley Med Trauma ICU. This happened because a late model silver 7 series hit here from behind right past Fruitvale ave in the bike lane at 5:30 pm. I was in front of her and the mirror that was dangling from the car hit me also in the bike lane. The car proceeded to pull to the right and then take off. It was a heart sinking tenious situation for a while. I really thought I was going to lose her there. The Police, Fire and her Docs at Valley Med have done a wonderous job. She is alive and she is a fighter! 
Keep her in your prayers and you have any question or anything. You can call me 408-891-5709. She is on the 2nd floor ICU at Valley Med.

I am in desperate search of a late model silver 7 series with a broken right side mirror around Los Gatos and Saratoga. I have no license plate I was the only witness at this point. I was just trying to keep her alive. 

Thanks,
Dave Nelson

Mercury News

Bay Area competitive cyclist injured in hit-and-run
By Lisa Krieger 
Posted: 04/19/2009 11:12:18 PM PDT
Updated: 04/19/2009 11:34:06 PM PDT

Competitive cyclist Ashley Jackson, 24, of San Jose, remains hospitalized in critical but stable condition with head injuries after an alleged hit-and-run accident Sunday afternoon in Saratoga, according to authorities.

Jackson's boyfriend David Nelson, 41, said the couple was cycling along Highway 9 near Fruitvale Avenue around 5:30 p.m. when Nelson said he was hit on his left side by a right side view mirror of a passing silver BMW four-door sedan. Nelson said he saw the car slow down briefly, but then continue on. Nelson said when he turned to check on Jackson, he saw her lying on the ground. As he attempted to help her breathe, he said, several motorists stopped and called 911.

The Santa Clara County Sheriff's Department confirmed Deputy Shane Bryant arrived on scene.

Jackson, a Category 4-grade competitor who rides with Alto Velo/Webcor, remains in the intensive care unit at Valley Medical Center in San Jose, a hospital spokeswoman said.


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## jorgemonkey

I'm at West Valley campus about 3 days a week, so I'll keep my eyes peeled.


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## Nutthouse

*Eyes Are Peeled For This Guy*

This angers and saddens me to no end. Ive seen too many negligent drivers on the roads these days. More often than not, they are the BMW and Mercedes drivers who haven't a care or clue in the world when they are in their "esteemed" driving machine. Speeding through parking lots, weaving in and out of traffic during rush hour, all senseless driving practice. And yes drivers of other cars are also guilty of this too but the majority of BMW and Mercedes drive this way.

Ever since I heard this report, Im looking for every silver BMW to see if their mirrors are missing or broken. EVERYBODY PLEASE DO THE SAME. We NEED to catch this guy.


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## jorgemonkey

I also mentioned it to the editor in chief of the WVC newspaper, and I believe we're gonna try to get an article in the next issue that comes out in the next couple days.


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## smt42

It was reported on KTVU 2 on there early early shows and will also be on their 10 pm news. Hope it helps catch this fool.


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## Dr_John

> More often than not, they are the BMW and Mercedes drivers who haven't a care or clue in the world when they are in their "esteemed" driving machine. Speeding through parking lots, weaving in and out of traffic during rush hour, all senseless driving practice. And yes drivers of other cars are also guilty of this too but the majority of BMW and Mercedes drive this way.


Thanks for your insightful sweeping generalization. Next time I'm looking to purchase a car, I'll make sure and check with you first. :thumbsup: 



> I am in desperate search of a late model silver 7 series with a broken right side mirror around Los Gatos and Saratoga


Unlike a silver 3 series, there aren't a million late model silver 7-series in the Bay Area. It shouldn't be hard to spot. I'll definitely keep an eye out.

Hope she's doing well.


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## CHL

John:

Titanium Silver/Arctic Silver happens to be the most if not the one of the most popular colors for BMW through out their entire line. Also the current 7 series looks a lot different from the 2002-2008 models and from the 1995-2001 models as well. Anyone know if it's an E65 body style (2002-2008) or an E38 (1995-2001) body style? 

This occurs more frequently than we care to acknowledge. I rode on Skyline this Sunday and fortunately I did not have the same fate, although no less than 5 cars nearly grazed me (one of them a huge Land Rover). I can even understand their logic if there's oncoming traffic but at each occurrence (in my case), the other lane was clear and I was in a straight section.

Hopefully, the young lady recovers quickly.

CHL


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## Dr_John

> Titanium Silver/Arctic Silver happens to be the most if not the one of the most popular colors for BMW through out their entire line. Also the current 7 series looks a lot different from the 2002-2008 models and from the 1995-2001 models as well.


Yes, I'm very aware of that. My comment was more along the lines of see how many silver 3-series and 5-series you see on your way to work today versus how many silver 7-series.  While the most common color, they're still not really common, even in the Bay Area (only a total of 12,276 sold in the entire US in 2008). I assumed by late model they meant an E65/66, and not an E38, which by today's standard, looks old.



> I rode on Skyline this Sunday and fortunately I did not have the same fate, although no less than 5 cars nearly grazed me (one of them a huge Land Rover).


Unfortunately Skyline on the weekends/nice weather is very dangerous.

Any update on how Ashleigh/Ashley is doing?


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## robwh9

Dr_John said:


> Any update on how Ashleigh/Ashley is doing?


It said in today's S. J. Murky News that she's conscious and talking with people, which is good.


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## Francis Cebedo

Hi.

I wanted to send a quick update on Ashleigh. I saw Dave this morning and dropped off the card everyone signed last night. Dave and Ashleigh's parents are very appreciative of everything that's being done to get the word out about the hit-and-run and the search for the driver and car. I saw Ashleigh for a few minutes and she immediately recognized me, so that's a good sign 

She's in the Trauma ICU, so it's still no visitors at this point. Keep her in your thoughts and prayers, and keep the heat on in the search for the person responsible for this.

Thanks.

Steve Jones
Alto Velo


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## zuppy51

I ride there all the time. This sucks. I hope they get that A-Hole soon!
_Thank god she's doing better!_


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## smt42

2003 - 2005 BMW 735i (e65) Broken right side Mirror. I would doubt they are driving around in it unless their very stupid. Unfortunately it more than likely will not make the news anymore unless something develops. THe media looses interest very quickly, A.D.D. you know.


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## Francis Cebedo

update:
---------
Hi.

I talked to Dave a little bit ago and am passing along this message for him.

Ashleigh is doing better and can have visitors. She's at Valley Medical Center, 2nd floor Trauma ICU. The visiting hours are 10am-2pm and 4-8pm

Dave said she likes seeing people so stop in when you have a chance.

Steve
alto velo
----------------


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## Art853

I hope she recovers. 

The car may have been serviced, at some point, at a BMW dealer and they keep computer records of models and driver addresses. It would be a place to check for 7 series in the area.


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## ukbloke

smt42 said:


> 2003 - 2005 BMW 735i (e65) Broken right side Mirror. I would doubt they are driving around in it unless their very stupid.


The driver has already demonstrated ample stupidity - firstly by driving their car into 2 cyclists, and secondly by fleeing the scene. I hope they get caught and get their punishment. Most people's driving patterns are very habitual. You could probably find them driving around the same area at the same time next week. Another way to catch them would be to check local BMW dealers for someone getting a repair or ordering a replacement 7 series mirror assembly. If the police were motivated they could check every silver 7 series registered with the DMV in a 10 mile radius and more likely than not they would find the guilty party.

I ended up at Valley Medical last year after a crash. They were superb. I got the full service treatment in their casualty department, and fortunately came away with nothing more than road rash.

Get well soon Ashleigh.


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## Cruzer2424

Nutthouse said:


> This angers and saddens me to no end. Ive seen too many negligent drivers on the roads these days. More often than not, they are the BMW and Mercedes drivers who haven't a care or clue in the world when they are in their "esteemed" driving machine. Speeding through parking lots, weaving in and out of traffic during rush hour, all senseless driving practice. And yes drivers of other cars are also guilty of this too but the majority of BMW and Mercedes drive this way.


:rolleyes5:


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## Francis Cebedo

fyi
---------------------
Hi.

I'm helping Dave Nelson organize a press conference and distribution of flyers in the search for the driver of the BMW.

Here are the details:

Date: Saturday April 25th
Time: 10:00 am
Location: 987 University Avenue, Los Gatos, CA
(University and Lark Ave)
http://maps.<wbr>google.com/<wbr>maps?f=q&<wbr>source=s_<wbr>q&hl=en&geocode=<wbr>&q=987+Universit<wbr>y+Ave+Los+<wbr>Gatos&sll=<wbr>37.0625,-<wbr>95.677068&<wbr>sspn=57.249013,<wbr>100.810547&<wbr>ie=UTF8&z=<wbr>17

One of the latest developments is a reward being offered for information leading to the arrest and conviction of the driver, currently at $11,000

This is a new event for us to organize, so we can use help with the following:

- Write a press release to be distributed to news agencies announcing the press conference
- Contact local officials to attend the conference, possibly Mayor or council members of City of Saratoga since that's the city where it took place
- Help post flyers and distribute in the area
- Spread the word about the press conference
- Anything else you think would help to find the BMW

Basically what we'll do is meet at 10:00 am for the press conference, then organize a flyer posting and distribution in the area following the conference.

If you have ideas, want to help or other comments, please contact me via email or cell 650-384-5807

Thanks!

Steve Jones
Alto Velo


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## Art853

Taking the flyers to the BMW dealers and places where used BMW parts are sold (junkyards ect.) might help. Give the flyers to the people who answer the phone and schedule service appointments and ask them to post them at work.


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## robwh9

*I don't know...*



Art853 said:


> Taking the flyers to the BMW dealers and places where used BMW parts are sold (junkyards ect.) might help. Give the flyers to the people who answer the phone and schedule service appointments and ask them to post them at work.


Someone broke off my mirror once when I parked my car on the street overnight. I just superglued it back on, no problem.


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## Killroy




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## CHUM

Mayors call on communities to help find the BMW driver who hit Highway 9 bicyclist

By Brian Babcock

Saratoga News
Posted: 05/01/2009 09:23:48 AM PDT
Updated: 05/01/2009 09:23:49 AM PDT

The mayors of Saratoga, Los Gatos and Monte Sereno have asked for the public's help in finding the person who hit 24-year-old cyclist Ashleigh Jackson, who is recovering from injuries she suffered when she was hit on Highway 9.

Jackson and her boyfriend, David Nelson, were both hit by a silver BMW while riding their bicycles on Highway 9 near Fruitvale Avenue in Saratoga. Jackson is currently being treated at Valley Medical Center for head trauma. Nelson received minor injuries.

"This unfortunate accident was made worse by the fact that the driver of the vehicle fled the scene," reads a news release sent out by Saratoga Mayor Chuck Page, Los Gatos Mayor Mike Wasserman and Monte Sereno Mayor Curtis Wright.

"The behavior that this driver showed, by not just knocking her down, but leaving her there, was a cowardly act and something that we want to preclude as much as possible," said Wright.

Wasserman agreed and said there is a major difference between an accident and a hit-and-run.

"A hit-and-run is done intentionally and that should never happen in our community," he said. The Los Gatos mayor said he hopes that the person responsible will turn him- or herself in.

"Saratoga, Los Gatos and Monte Sereno have been committed to working together to see that Highway 9 is a safer route for residents and visitors," the news release states.


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## ratpick

Finally, some good news for Ashley..

http://www.mercurynews.com/top-stories/ci_14846573

*Saratoga man arrested a year after hit-and-run that injured competitive cyclist*

By Brian Babcock

[email protected]


The Santa Clara County Office of the Sheriff has arrested Saratoga resident Robert Paul Schiro in connection with last year's hit-and-run collision on Highway 9 that left competitive cyclist Ashley Jackson with permanent brain damage.

Schiro, 70, has been charged with felony hit-and-run with a possible charge of driving with a suspended license added at his arraignment, said Lt. Skip Shervington. Schiro was being held at the main jail on $100,000 bail as of Thursday afternoon.

Schiro was arrested at his office in Santa Clara where he runs RPS Properties, a property management business.

The arrest comes almost a year to the date when the collision occurred.

Jackson and her boyfriend, David Nelson, were headed home on their bicycles on April 19, 2009, when a silver BMW 700-series hit the cyclists and threw Jackson to the ground. The driver had stopped for a moment but then took off, Nelson said at the time.

Jackson suffered serious brain trauma and was treated at Valley Medical Center.

Jackson still suffers from double vision and a damaged optic nerve in her left eye, Nelson said. He said that the left side of her body is still much weaker than the right side.

Nelson said the arrest of Schiro is a relief although it doesn't make Jackson's physical issues any better.

"She's still recovering," he said. "We're talking about a traumatic brain injury.

"We don't know when or if it will get any better."


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## CoLiKe20

thanks for the update.
glad the driver is caught. Maybe he can pay for her therapy for years to come.


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## kaizen

Good news indeed...hope that everyone still remains vigilant - motorists and cyclists alike.


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## filtersweep

Runs a property management business? I predict he declares bankruptcy within a few months.

It blows my mind how lenient the US system treats driving with a revoked license. First of all, it is a "possible charge." It should be treated just as severely as a hit and run.... or a firearm charge for a convicted felon. Rather, it has almost been decriminalized, since it is only a "status offense."


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## Fogdweller

Great news!! It's so rare that these guys/gals get caught. And given the the time since the accident, it's really amazing. Very glad to read this.


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## Leopold Porkstacker

Bout frickin’ time they apprehended that J-hole!


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## AshBeeColleen

*arrest in the case*

the driver of the BMW was arrested. I've read the LONG, very thick police report on this case, wow what an a**hole, that's all I can say.

here is a link to the news of this mans arrest. http://www.mercurynews.com/saratoga/ci_14871065?source=rss


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## Leopold Porkstacker

This case (and the end result) needs a lot more public exposure, such that other J-rods and C-holes out there who are careless behind the steering wheels of automobiles will take notice, that they are NOT above the law, and karma is a biayatch that will eventually come back around and bite you in the kiwis!


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## ratpick

AshBeeColleen said:


> the driver of the BMW was arrested. I've read the LONG, very thick police report on this case, wow what an a**hole, that's all I can say.
> 
> here is a link to the news of this mans arrest. http://www.mercurynews.com/saratoga/ci_14871065?source=rss


Is there a linky to the police report somewhere .. I'm curious.


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## AshBeeColleen

ratpick said:


> Is there a linky to the police report somewhere .. I'm curious.


No, it's not public yet, so far I am the only person who has viewed it. After the case is over anyone can go down to a county office and request a copy.

http://www.facebook.com/#!/event.php?eid=111194972248481#wall_posts


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## AshBeeColleen

Dave and I are both doing our best to get this out as much as we can, you can find me on facebook, Ashleigh Jackson, I update that alot with the case info that I'm allowed to share, because of civil the upcomming civil litigation that will follow the criminal hearings I do not talk to the press my self, however, my lawyer, Dave and myself may have a press conference in a week or two. Next Thursday the 22nd at 9:30am is the "J-rods" arraignment date, I know alot of newspaper reporters will be there so, I am asking as many people as I can to come and show positive support, the more people that back this case and stand up for our rights as a cyclist the better chance we have of keeping this in the publics eye. we must go about this with care and thought, motorist hate cyclist enough as it is, we need to show respect and watch our tone of voice and the words we say, we do not need to fuel their hate fire against us. Ever since that day in April, I've really noticed (more and more) how many drivers are impatient and can not tolerate people on bikes (although it seems patients in genreal is growing less and less...) I respect the rule of the road, I never dash out into the road, I never swirve into the cars lane (not even to miss a rock in the road, I always took my chances with the rock, glass, stick, whatever it may be), I never ran red lights, I always put my foot down at red lights and stops, I road my bike as a law abiding citizen, with care and concern. This man who hit me was for some reason or another driving in the middle of the bike lane, he struck not only me but my boyfriend as well and for some reason did not think he had to stop and help us, if he didn't brush against Dave with his mirror then Dave wouldn't of known I was hit only 200meters behind him, Dave would of been on his way, kept riding, not knowing I was laying on the ground fighting for my life, I may of expired and this would be a manslaughter case not just a felony hit and run. This man has to be off the streets, I keep thinking what if I was an old lady or someones little child? No way they would of made it out alive, sure I have a head injury and a TBI that I will live with for the rest of my life, I am faced with new problems I never thought I'd have to face, but thats life and I have to overcome, Im learning how to deal, now this man needs to deal with his actions and what he has done.


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## 180

Great to see you here Ashleigh and want to tell you first hand I'm so glad you and Dave are ok. I'm really sorry for what your going through. I'm going to try and make it on the 22nd. Lots of good luck with all of this. You are doing an amazing job for all of us. Thank you.


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## AshBeeColleen

i have to close one eye to see all of you here, can;t read on the computer with both eyes open anymore. anyway.... the address is: 190 west hedding st in down town san jose, it's next to the main jail, the doors open at 9am so the line gets long, dave and i will be their early, we will be in dept 23


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## jorgemonkey

Glad to see you're ok, and I'm glad they caught the driver. I was actually the Photog editor at the WVC newspaper, and we were going to put something in the school newspaper but missed the deadline by a day


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## AshBeeColleen

*this sunday last year*

One year ago today I went to go climb Bohlman, it was a good day, nice warm, the day before I did the coast ride with Alto Velo. It was my first A-ride! I made it up Bohlman but on my way back I never made it home. Today is the one year mark! There is no way this man is sorry for what he did and Im sure he'd do it again, if he was sorry he wouldn't of hid for 11 1/2 months. I'm here and I'm alive and thats what counts, most people who get hit the way I did, do not get to ever go home, Im writing this from home. I'm that 1%. Keep this in mind and ride safe, be safe. I just want to thank everyone for their support, this is a great thing and the day he was arrested was a great day for cycling.


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## AntF

It's a pleasure to have updates and input from you, Ashleigh. I hope you've found relief in that they found the man who did this to you, and that you and Dave get the vindication and satisfaction you deserve during the trial. Thank you for being strong, and I hope you continue recovering.


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## AshBeeColleen

thank you very much. I have no other choice but to be strong, last year I learned how to fight for my life, doctors, my lawyer and others say I'm that 1% that lives after such a horrific hit, given the injuries to my head, the amount of blood that filled my skull and the swelling of my brain... not to forget all the broken bones and missing skin "roadrash" (roadrash is an understatement) I have learned just how much I want to be alive and how lucky we all are that were able to do the things we enjoy (such as ride bikes, live, learn and laugh) Im just trying to turn a tragic event into something positive, something that can help others, something maybe people can learn from. I got a phone call from a drunk and she said "your story changed the way I think, I cant do that to someone, so no more driving drunk for me, I just can't do it anymore...." so I hope in my sorrow someone can find hope, and if it can change the life of others and impact them like this then Im more than willing to share this story and not laydown and give up. I will still fight, sure it gets hard, I'm not 100%, Im not even 90% back to the way I was before April 19th of 2009 however, Im here and alive and even that 1% recovery is worth it.


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## SystemShock

You're one tough gal, Ashleigh, and an inspiration. Keep on fighting. :thumbsup:
.


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## *Dude*

*God be with you*

Ashleigh,

I can read the tears in your writing's but be assured you have a much bigger family behind you. This may not be of your faith but I am a Christian and I wanted to pass this along to you:

Joshua 1:3-9 
I promise you what I promised Moses: ‘Wherever you set foot, you will be on land I have given you ... No one will be able to stand against you as long as you live. For I will be with you as I was with Moses. I will not fail you or abandon you. Be strong and courageous, for you are the one who will lead these people to possess all the land I swore to their ancestors I would give them. Be strong and very courageous. Be careful to obey all the instructions Moses gave you. Do not deviate from them, turning either to the right or to the left. Then you will be successful in everything you do. Study this Book of Instruction continually. Meditate on it day and night so you will be sure to obey everything written in it. Only then will you prosper and succeed in all you do. This is my command—be strong and courageous! Do not be afraid or discouraged. For the Lord your God is with you wherever you go. 

I am glad to know you are still with us, I will pray for you that someday we are all biking together as a family.

Take care my bike sister!

*Dude*


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## Art853

I wish you well with your recovery Ashleigh. 

I hope the driver doesn't try the "it was an accident" bs. Reckless driving is a choice, not an accident.


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## AshBeeColleen

he got a DUI on the same road that he hit me on in 2008. a year later he hits me. read this: https://4.bp.blogspot.com/_U2s1jreNJ1o/S9ScjolvG5I/AAAAAAAAAKU/veIWSa9GZc0/s1600/schiro.jpg


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## Art853

The article says he faces up to three years in prison if convicted of all charges. 

My understanding from a web search is that if he was drunk when he hit you, and had stopped, he would be facing a maximum of 10 years in prison. Up to four years for DUI and six years for great bodily injury.


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## ratpick

It was in the Mercy News this morning - the driver has a DUI record so will hopefully get the book thrown at him. Pretty good chance he was DUI when he hit Ashleigh although we'll never know for sure. I really hope he gets locked up for a long time and that it is front-page news.


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## snapdragen

Article in today's Murky News

http://www.mercurynews.com/ci_15017432


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## ratpick

snapdragen said:


> Article in today's Murky News


Good article by Patty. I had no idea that they had a lock on Schiro for so long.

Kinda funny that they keep spelling "Ashley" when "Ashleigh" is right there on her bike in the photo with the article!


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## jorgemonkey

Latest update. Looks like the judge decided to toss the plea deal:

http://www.mercurynews.com/patty-fisher/ci_16503581

Does a year in county jail sound like an appropriately stiff sentence for a man who runs down two bicyclists while driving without a valid license, speeds away as one of the cyclists lies critically injured on the highway, then hides his damaged car and stonewalls the police for nearly a year?

Not in my book. A guy like that deserves to go to state prison for at least a couple of years.

That's why I never liked the deal that Superior Court Judge Rene Navarro proposed for Robert Schiro in August when the 70-year-old Saratoga resident pleaded no contest to felony hit-and-run and driving on a suspended license.

Neither did Ashley Jackson Nelson, the 25-year-old woman who was permanently brain damaged when Schiro knocked her off her bike on Highway 9 in Saratoga in April of 2009.

Neither did Ashley's husband, Dave Nelson, who was riding with her that day and got a good enough look at Schiro's car to lead the cops to him.

But here's a surprise: Once Judge Navarro heard the whole story, he couldn't go through with the deal.

Tuesday, in a move that took the attorneys and victims by surprise, Navarro threw out the plea agreement.

That means Schiro's case goes back to square one. And, mostly likely, it means that the guy is going to do some hard time.

There to tell their story

Ashley and Dave were in court on Tuesday with their parents, supporters and their
Advertisement
3-month-old daughter, Chloe. Schiro's sentencing hearing had been postponed several times, but this was supposed to be the day when the victims would get to tell their story to the court before the judge handed down the sentence.

Ashley and Dave were looking forward to seeing Schiro led off in handcuffs, but neither felt a year in jail was enough.

"That man sentenced me to life," Ashley said, her right hand still trembling from the brain damage she suffered in the accident. "I don't see why he should get less than that. I'll never be able to see my daughter clearly. I didn't ask for this."

But instead of her day in court, Ashley got yet another delay.

After conferring with Assistant District Attorney Carlos Vega and defense attorney Guy Jinkerson, Navarro announced that he was setting the plea aside.

Disregard for the law

What had changed the judge's mind? A 60-plus-page report from the county probation department that outlined Schiro's history of disregard for the law and his lack of remorse. The department recommended he be sent to prison for two years. The judge also received several letters from community members who thought a year in jail was too lenient.

Schiro, looking pale and walking slowly, left the court without commenting. Jinkerson wouldn't comment either.

Vega gave Ashley and Dave the thumbs up.

"This means everything is back on the table," Vega said. He's determined that Schiro will do prison time.

In the meantime, however, Schiro is still free. Ashley and Dave are still in limbo.

"I just want to know when I can get on with my life and enjoy my baby," Ashley said, as little Chloe slept peacefully in her stroller.

"It's been a long, long time," Dave said, shaking his head. "I now think justice is eventually going to be served, but this guy got another reprieve today."


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## ShaneW

Shoot him and be done with it! The guy is absolute scum with zero value add to humanity! We really dont need people like him and Mike Vandeman (sp?) in this world!


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## CoLiKe20

reading this upsets me.
I'm not one to sue - I was also a victim of a hit and run 15 years ago. Luckily 2 guys in a pick up truck went after the driver. I only asked for a replacement steel frame (Bianchi) at that time b/c the guy seemed remorseful. I had a swollen elbow but never had any long term sequelae.
I hope Ashleigh get millions from this driver. The guy still is trying to get away with (near) murder. Ashleigh's life will never be the same.


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## norcal maniac

Ashleigh and Dave, 

I'm glad you're OK after this ordeal and you have your daughter to keep you focused on the positive parts of life.

But I'm tired of hearing about cyclists getting hit and left like roadkill in the street. The judicial system can't be relied upon to deliver justice (although there's a good chance in this case) and I think it's time we take matters into our own hands. A little frontier justice would go a long way and put in motorists mind that if they hit or harass cyclists there will be severe consequences that do not involve jail time. I'm picturing something like in Inglorious Basterds, but instead of a Swastika carved into the forehead maybe we brand them with a red hot chainring.

/rant


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## flatsix911

Justice is finally served ... :thumbsup::thumbsup::thumbsup:



> *Saratoga businessman guilty of hit-and-run accident that severely injured cyclist
> By Tracey Kaplan* February 15, 2012
> Jury: Saratoga businessman guilty of hit-and-run accident that severely injured cyclist - San Jose Mercury News
> 
> 
> 
> 
> 
> 
> 
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> 
> 
> Robert Schiro waits in the courtroom, free on bail, after a plea hearing
> at Santa Clara County Hall of Justice in San Jose, Calif. on Friday, May 7, 2010.
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> Ashley Jackson talks to cyclist friends outside the courthouse after a plea hearing
> for Robert Schiro at Santa Clara County Hall of Justice in San Jose, Calif. on Friday, May 7, 2010.





> A Saratoga man arrested a year after hit-and-run that injured cyclist Justice is rarely as speedy as on TV. But the range of reasons a Saratoga businessman's hit-and-run case languished were unusual even in the real world: First the defendant claimed he was senile and unfit to stand trial. Then he changed course and got a new lawyer. At one point, he spent weeks drying out at the Betty Ford Center. He even produced key evidence two years after the incident, then insisted his attorney be given extra time to examine it.
> 
> Time finally ran out for Robert Schiro on Tuesday in a hit-and-run case that galvanized the Bay Area's cycling community. Nearly three years after the 2009 incident, it took a Santa Clara County jury fewer than two days to pronounce Schiro guilty of plowing his BMW into competitive cyclist Ashley Jackson Nelson on Highway 9 and Fruitvale Avenue in Saratoga, then driving off as she lay bleeding from a severe head injury.
> 
> As the clerk slowly read the verdict, Nelson and her husband, David Nelson, burst into tears and fell into each other's arms. "The weight is off my shoulders," said Ashley Jackson Nelson, who testified that the accident left her with double vision, a weak left side, memory lapses and cognition problems. "I get to breathe again."
> 
> *A split decision*
> The jury convicted Schiro of one felony count of hit-and-run driving causing serious and permanent injury, rather than a lesser charge of felony hit-and-run driving. He now faces a maximum of four years in county jail for the April 19, 2009, accident. But the panel also found Schiro not guilty of one misdemeanor count of hit-and-run driving stemming from charges Schiro's BMW brushed into David Nelson, bruising his arm, after hitting his then-fiancee, Ashley.
> 
> The jury of seven women and five men wouldn't comment on their reasoning behind the split decision, although the evidence presented at trial was less conclusive that David Nelson had been actually hit or injured by the car. Schiro's lawyer, Dan Jensen, had argued during the trial that if the jury felt compelled to convict Schiro of anything, it should be the misdemeanor, not the felony, because Ashley Jackson Nelson cannot remember what happened to her and David Nelson didn't witness the BMW striking or swerving toward her.
> 
> "I'm disappointed," Jensen said, "and a little confused." But the panel's decision on the misdemeanor count will have no effect on Schiro's sentence. If Schiro had been convicted of the misdemeanor, the maximum sentence would have been one year in county jail, which would have run concurrently with whatever felony sentence Judge Sharon Chatman imposes.
> 
> Chatman is set to decide April 20 whether to sentence Schiro, 72, to two, three or four years in county jail. At the start of trial, Schiro rejected a plea deal that would have resulted in a two-year sentence. The split verdict baffled David Nelson, but he thanked the jury. "Justice was done," he said. "It's been a hard fight, though. Ashley has to live with this for the rest of her life."
> 
> Tuesday's verdict came after a short but fierce battle between two skilled lawyers, prosecutor Katrina Ohde and defense attorney Jensen. But it followed a series of delays. At one point, Schiro withdrew his no contest plea after a judge changed his mind and rescinded an offer of one year in jail, in response to public outrage and a probation report that recommended a two-year sentence.
> 
> *Late evidence *
> Last year, Schiro produced key evidence in a brown paper bag -- a broken passenger-side mirror -- which he said came off his BMW as a result of backing out of his garage, not the accident. Schiro never explained why he took so long to produce the mirror. David Nelson testified during the trial he saw the mirror dangling from the BMW as Schiro sped away.
> 
> During the trial, Schiro's lawyer argued that the Nelsons conspired to blame Schiro for the fall Ashley Jackson Nelson took in hopes of milking him for money from a lawsuit. Schiro said outside the courtroom that he was once the nation's biggest Corvette dealer and also earned his fortune through real estate. He said the couple are suing him in civil court for $5 million, the same amount as his car insurance policy.
> 
> Schiro's accusations, voiced in court by Jensen, infuriated the Nelsons. "Shame on Jensen for attacking me and my wife," David Nelson said. The case should serve as a warning to motorists, prosecutor Ohde said. If Schiro had only stopped, chances are he would never have been charged with a felony, even though he was on probation at the time for drunken driving and his license had been suspended.
> 
> Unless there was evidence he'd been driving recklessly, the accident might have counted as a probation violation in Schiro's drunken driving case and he may have faced a misdemeanor charge of driving with a suspended license; instead, it dragged on through the courts. Schiro also turned what could have been a tragic accident into a full-blown criminal case, Ohde said, by trying to cover it up through various strategies including asking his mechanic to order a replacement mirror from out of town. "This didn't have to be a criminal case if Mr. Schiro had only been accountable," Ohde said.


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## cda 455

flatsix911 said:


> Justice is finally served ... :thumbsup::thumbsup::thumbsup:



Wow; thanks for the update  !


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## SystemShock

Nice to see the dirtbag finally go down.
.


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## Fogdweller

This is great news! Thanks for posting.


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## 180

So happy for Ashley. Glad she can finally feel some peace after this terrible nightmare. I hope they put the jerk in for the full 4 yrs.


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## jorgemonkey

3 years in state prison and never allowed to drive again:

http://www.mercurynews.com/crime-co...man-robert-schiro-sentenced-three-years-state


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## SystemShock

*Great article, thanks*



jorgemonkey said:


> 3 years in state prison and never allowed to drive again:
> 
> Saratoga businessman Robert Schiro sentenced to three years in state prison - ordered never to drive again - San Jose Mercury News


_"The court puts a lot of weight on remorse and what the evidence shows is, there's absolutely no remorse," said [Judge] Chatman, who ruled after hearing tearful impact statements from victim Ashley Jackson Nelson's brother-in-law about being taunted repeatedly by Schiro outside court. The judge flatly told Schiro, "Your privilege to drive a vehicle is revoked for the rest of your life."

The sentence [of three years] -- which Chatman said was meant in part to deter other hit-and-run drivers -- appeared to stun Schiro, 72. His lawyer Dan Jensen had asked for probation, citing his client's age and deteriorating mental condition brought on in part by chronic alcoholism.

Tipping his mostly bald head back and raising his hands to his face, Schiro exhaled audibly and mouthed "unbelievable," as the bailiffs stripped him of his pocket change and other personal belongings, in preparation for taking him into a holding cell._


Believe it, Bob.

Also is incredible that he was caught driving erratically just last week with .039 blood alcohol, after telling the judge that he had done rehab for his alcoholism and was in AA. Between that and and his attempted coverup, it's no wonder they threw the book at him. 

Wotta POS/menace this guy is. 
.


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## norton55

Thanks all for the update. We must have Schiro's clone here in Sonoma County. This guy is a real poswot. 


Hit-and-run suspect Robert Cowart stopped at Penngrove market after collision with cyclist Steve Norwick | PressDemocrat.com


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## mangotreat0808

Ya! thanks for the update, glad justice is indeed served for Ashley. Speaking of being a safe cyclist, there is that cycling website by DaveZ, Yield to Life with tips for cyclists and motorists. On DavidZ's tip#8, I just got a 'shout-out' while climbing 11am up a local hill in the east-bay (Palomares) with my blinkers on. A lady in an SUV later told me after I stopped that the blinkers are a great idea, gives great visibility (even during day riding) - this was the 2nd time I was 'complemented' on my lights by a motorist. So, ladies and gents, turn on those lights!!


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## SystemShock

Sigh. Can you BELIEVE this? Schiro did 18 months in jail, got out, and then went right back to his old antics. 

Fortunately, he got busted almost immediately:

*Notorious Saratoga hit-and-run driver facing another DUI charge - San Jose Mercury News*

*Saratoga: Schiro a free man, but must wear a device for 24-7 monitoring - San Jose Mercury News*


Some idiots just never learn. :frown2:


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## Local Hero

wow, this guy is incorrigible.


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## SystemShock

Local Hero said:


> wow, this guy is incorrigible.


that's much nicer than the word I'd use.


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## bobf

SystemShock said:


> Sigh. Can you BELIEVE this? Schiro did 18 months in jail, got out, and then went right back to his old antics.
> 
> *Notorious Saratoga hit-and-run driver facing another DUI charge - San Jose Mercury News*


Wow. Just Wow. 

"Sociopath: A person who lacks a sense of moral responsibility or social conscience."

Makes me wonder how he made his money and why the judge didn't make him give all of it to Ashleigh.


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## bradkay

The sleazebag belongs in prison.


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## SystemShock

bradkay said:


> The sleazebag belongs in prison.


I think Schiro is one of those lifelong alcoholics who's arrogant and in denial about it. He's also rich and used to getting his way, and tried to cover up the Jackson hit-and-run he did. 

In short, a total unrepentant menace. And a major douchenozzle.

So yeah, if the 18 months didn't learn 'im, make it five years. He's old and may die in prison, but better him than some innocent victim(s). 

Sooner or later, he is, in all likelihood, going to kill someone.


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