AFCI -- "Wheelchair Mom" found guilty of jaywalking (OHIO)
Dave Reynolds
Forwarded from the Sandusky (Ohio) Register
http://www.sanduskyregister.com/
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Judge 'No choice' but guilty
Friday, January 22, 1999
By MICHAEL BRICE
Sandusky Register Staff Writer
SANDUSKY -- Reluctantly, Sandusky Municipal Court Judge Erich O'Brien
found Kelly Dillery guilty Thursday of being a pedestrian in the
roadway.
"I have no choice under the law but to find you guilty," O'Brien said at
the conclusion of the 90-minute trial.
O'Brien said he wanted to "sleep on it" before deciding what sentence to
impose.
Dillery, 30, who has muscular dystrophy, was charged with operating her
wheelchair down Columbus Avenue on Dec. 3.
She faces a fine of up to $150, including court costs.
"I don't need your money ... but you have to stay out of the middle of
the road," O'Brien said. "None of us want to see you get hurt."
City Prosecutor Rob DeLamatre said the trial was about safety.
"When the public contacts us, we have no choice," he said, referring to
the number of complaints he said the city has received about Dillery.
"We have to protect her."
Dillery said she is relieved to have this case behind her, but said she
is concerned about the guilty verdict as she prepares to defend herself
against a second pedestrian-in-the-roadway charge and a more serious
child-endangering charge dating back to last summer.
If convicted of child endangering, Dillery could face up to six months
in jail and a $1,000 fine. A motion hearing in that case has been
scheduled for Wednesday afternoon.
Thursday's trial began after O'Brien denied defense lawyer K. Ronald
Bailey's motion to dismiss the case because the 30-day limit to try the
case had elapsed.
Sandusky patrolman David Yourkvitch testified he saw Dillery in the
Columbus Avenue and Adams Street intersection after a motorist
complained to him while he was working at the library.
Yourkvitch also said the sidewalks along the west side of Columbus
Avenue have curb cuts, but acknowledged under cross-examination he did
not know if they met the criteria of the federal Americans with
Disabilities Act, which require curb cuts to be flush with the street.
He testified the curb cuts had about a one-inch lip.
Lt. Phil Frost testified he responded to the area after being alerted by
Yourkvitch of the complaint against Dillery.
Dillery, Frost said, was operating her wheelchair in the roadway,
causing cars to go left of center to avoid her.
"She said she was in the roadway because the battery on her wheelchair
was low," Frost testified.
After he told her he would prefer if she used the sidewalk, she moved
onto the sidewalk, Frost said.
"She was moving at a pretty high rate of speed," he said. "It didn't
look like there was any battery loss to me."
Frost also said Dillery almost ran into the side of a car while using
the crosswalk to cross Madison Street.
"The motorist had to pull into traffic to prevent from being hit by
Kelly," he said. "It just shows a pattern for disregard for her own
safety."
In closing arguments, DeLamatre argued that Dillery's ability to use the
sidewalk after talking with Frost was proof she was capable of complying
with the law, which requires pedestrians to use sidewalks where
practical.
Bailey argued that the curb cuts, which have a one-inch lip, do not meet
federal guidelines and are not practical for her to use.
The lone wheelchair user among half a dozen friends and family who
turned out for the trial, Mary Butler, was disappointed with what she
heard.
"They're insensitive," said Butler, advocate for Elyria-based Linking
Employment, Abilities and Potential. "They have no idea what the ADA
says about curb cuts. The police need sensitivity training."
While dozens of wheelchair users turned out last month for a march in
Dillery's support, the courtroom was noticeably empty Thursday
afternoon.
Butler said the low turnout was because of the short notice and said a
high turnout can be expected for the second trial.
Bailey said he believed today's proceedings were to only include a
motion hearing and not the actual trial, so many of Dillery's supporters
were not notified.
O'Brien has yet to rule on Bailey's request to make the courtroom
accessible to disabled people who want to view the trial.
For Thursday's trial, O'Brien opened the courtroom's north double doors
to allow easier access for wheelchair users.
While looking over the spectator section of the courtroom, which has
seating for just five wheelchair users, Bailey said a civil suit may be
the remedy for the city's disabled residents if Dillery's criminal
prosecution doesn't prompt change.
http://www.sanduskyregister.com/cgi-bin/LiveIQue.acgi$rec=8938?search
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Dave Reynolds
Spangle, Washington
GetRa...@hotmail.com
"rad-i-cal: adj. 1.Arising from or going to a root or source; basic
2.Departing markedly from the usual or customary
3.Favoring or effecting fundamental changes in current practices,
conditions, or institutions..."
American Heritage College Dictionary, 3rd Edition
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