# A small win for cyclists in North Jersey



## tednugent (Apr 26, 2010)

https://www.nj.com/sussex-county/in...en_car_4_bicyclists.html#incart_river_default










HAMPTON — Lisa Thomas was the first one to get hit. The next victim was a friend of hers who was riding just ahead. And then a third one was hit. Then a fourth.

The bicyclists were struck down like dominoes by a car as they rode in a line on Easter Sunday while making their first major ride of the spring, an 80-mile round-trip journey from Warren County to High Point State Park.

"Witnesses said it was like a scene from a horror movie, bodies flying all over. Basically, he left us there to die," said Thomas, 56, of Pittstown, who suffered a broken leg and head injuries in the accident.

"We were looking to get our first 80 miles in. It was a beautiful day," said Megan Schmidt, 26, of Hackettstown, another victim.

The driver of the car, Robert Whitesell, 26, pleaded guilty today in Green Township Municipal Court and was sentenced to 150 days in jail for causing the accident, which occurred at 1:10 p.m. on April 8 on a straightaway along Route 519 in Hampton Township, Sussex County.

Just moments before barreling into the cyclists, Whitesell hit a pedestrian sidewalk sign in downtown Newton, police have said.

Whitesell and his heavily damaged car — a gold 1997 Nissan Altima which sustained a smashed windshield from Thomas’ bicycle helmet and a tire blowout after running over the women — were found by state troopers at a home in the Culvers Lake section of Frankford Township, about an hour after the accidents.
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Exactly why Whitesell struck the sign then hit the bicyclists — Thomas, Schmidt, Adam Kaniper, 30, of Hackettstown, and Patricia Cinelli, 48, of Budd Lake — remains a mystery.

"As far as anyone would tell, this was nothing but an accident," said Daniel Perez, Whitesell’s attorney.

As part of a plea agreement, Whitesell, who is unemployed, admitted to driving with a suspended license while causing an accident with injuries; leaving the scene of an accident with injuries; and failure to maintain his lane.

Sussex County First Assistant Prosecutor Gregory Mueller has said assault-by-auto charges were originally considered for possible indictment, but his office downgraded the charges to disorderly persons offenses.

Assault by auto is a fourth-degree crime punishable by up to 18 months in prison. However, it is applicable only if the accident results in serious bodily injury that includes the risk of death, Mueller has said.

All four bicyclists were hospitalized for injuries sustained in the accident.

Judge Craig Dana, noting that Whitesell, of Hampton Township, had a drug arrest in 2010 and a "poor" driving record, said the defendant’s jail term would serve as a deterrent to others who drive with a suspended license and left the scene of an accident.

"You don’t hold the law in high regard," Dana told Whitesell. "You’re not a model citizen."

Thomas, Schmidt and Cinelli attended today’s hearing; Kaniper did not.

Giving her victim’s impact statement, Thomas said she hoped Whitsell spent a lot of his time in jail thinking of the damage he caused.

"What you created was a lot of havoc, you hurt people. You were careless. What you did and what you did earlier (in Newton) are things that are not acceptable," said Thomas, who said she still undergoes physical therapy.

"I want you think about those things," she said, occasionally glancing over at Whitesell, who declined to speak on his own behalf.

Whitesell was handcuffed in the court hallway by a state trooper following sentencing and was taken to the county jail, where he will serve his 150-day jail term.


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## Opus51569 (Jul 21, 2009)

Small indeed. The only way 150 days in jail would be sufficient would be if he ended each day getting side-swiped by a moron in a '97 Altima.


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## tednugent (Apr 26, 2010)

I would like to "accidentally" break his knees


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## Opus51569 (Jul 21, 2009)

In my state just last week, a cyclist was hit from behind by a 17 y/o girl who admitted to texting while driving. She'll likely get a slap on the wrist as well.


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## NJBiker72 (Jul 9, 2011)

Opus51569 said:


> Small indeed. The only way 150 days in jail would be sufficient would be if he ended each day getting side-swiped by a moron in a '97 Altima.


Agree. If this is not the full 18 months (which is pathetically small in its own right) what is? 

And for the judge to even mention the sign he hit??

Actually that's probably what the sentence was for. Got reduced for taking a few cyclists off the road. Good behavior. :banghead:

Very weak. Makes me feel less safe on the road. Almost an invite to hit us.

They had plenty on this guy. Should have prosecuted to the full extent of the law. Gone for consecutive sentences.


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## rkdvsm (Jul 15, 2006)

Just curious, but how is he, an unemployed man, going to pay for the damaged bikes???


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## Oxtox (Aug 16, 2006)

wtf do you have to do to a person on a bike before the court says, 'hmmm, that was seriously messed up...take a year or two to get your head straight'...

150 days?

you get more than that for littering in some places.


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## AlanE (Jan 22, 2002)

I hope that the injured cyclists file a lawsuit against this creten as well. Put him into poverty.

The judge should be ashamed of himself, telling this guy that he's not a "model citizen" and that the sentence would serve as a deterent to others. The guy is a menace to society and needs to be taken off the streets for a long long time

They should also take away his drivers license forever. Put an ankle monitor on him and keep him under surveillance since he has a past history of driving with a suspended license. Of course, since he won't be able to drive, he will have to resort to riding a bike to get around. How ironic.


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## RJP Diver (Jul 2, 2010)

AlanE said:


> I hope that the injured cyclists file a lawsuit against this creten as well. Put him into poverty.


The guy's an unemployed 26yo driving a damaged 97 Altima. What are you going to get out of such a lawsuit? What lawyer will take the case with the prospect of winning anything approaches ZERO.

Not saying he shouldn't be punished more sufficiently, but don't think the victims should spend any more of their time and money on this matter.


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## Oxtox (Aug 16, 2006)

RJP Diver said:


> The guy's an unemployed 26yo driving a damaged 97 Altima. What are you going to get out of such a lawsuit? What lawyer will take the case with the prospect of winning anything approaches ZERO.
> 
> Not saying he shouldn't be punished more sufficiently, but don't think the victims should spend any more of their time and money on this matter.


yeah, he's a dead-end for monetary compensation. don't even bother going there...

perhaps the injured parties could take up a modest collection and contact a local chapter of outlaw bikers so see if they would be interested in performing a remedial awareness adjustment on the perp.

that might provide some satisfaction if you're into the whole eye-for-an-eye thing...


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## tednugent (Apr 26, 2010)

the best we can do is hit up our local government officials, and express our outrage for the "slap on the wrist" this menace got.


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## merckxman (Jan 23, 2002)

re: " failure to maintain his lane". For those not familiar: these four riders were riding on the SHOULDER when this driver decided not to queue behind some slow drivers, passed on the right and mowed down once cyclist after another. This of course, coming after the driver's earlier accident in Newton. Plus, he was driving with a suspended license + left the scene. 150 days in jail is an outrage.


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## ph0enix (Aug 12, 2009)

merckxman said:


> re: " failure to maintain his lane". For those not familiar: these four riders were riding on the SHOULDER when this driver decided not to queue behind some slow drivers, passed on the right and mowed down once cyclist after another. This of course, coming after the driver's earlier accident in Newton. Plus, he was driving with a suspended license + left the scene. 150 days in jail is an outrage.


Agreed. It's a loss, not a win.


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## jsedlak (Jun 17, 2008)

I'm not a lawyer, but 150 days sure sounds like complete bullsnot.

Straight from the NJ site:


> If you continue to drive while your license is suspended, you could face up to five years in jail


State of New Jersey - Motor Vehicle Commission

What a joke. He should've been charged with reckless driving as well. As well as a few other things.


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