Column About Gaunt Trial - Verdict in Cyclists' Deaths
Morgan J Bearden
Phelps County, Rolla, St. James, & MST Bicyclists,
I hope you will take a few moments to read this article about a recent trial of a man who killed two bicyclists in the Kansas City area.
Then, I hope you will consider joining and supporting the Missouri Bicycle Federation (MBF). The MBF is the only organization in Missouri that is working to make Missouri a better and safer place to ride a bicycle. The MBF hires a Jefferson City lobyists, sends its leadership to national bicycle advocacy meetings, and advises state and community leaderson issues regarding bicycling.
Best wishes --- Morgan
Morgan J Bearden
Rolla, Missouri
573-364-1695 home
573-308-3591 work
573-578-2982 cell
Rolla, Missouri
Come to Phelps County for the Tour of Missouri
September 11 - Lebanon to Rolla
September 12 - St. James to Jefferson City
P Please consider the environment.
From:
bikefed-bo...@mobikefed.org
[mailto:bikefed-bo...@mobikefed.org] On Behalf Of Brent Hugh
Sent: Thursday, July 17, 2008 10:00 PM
To: bikefe...@mobikefed.org
Subject: [Bikefed-Board] Column about Gaunt trial
FYI:
http://primebuzz.kcstar.com/?q=node/13105
Hendricks column: Verdict in cyclists' deaths proves need for tougher laws
William
K. Johnson
was driving his pickup along four-lane Raytown Road when he saw two bicyclists
riding on the shoulder nearly 1,000 feet ahead of him.
The pavement was dry, the Grandview man testified in an Independence courtroom
this week. His line of sight was unobstructed.
He also agreed that he had plenty of time to get over into the left lane, which
was clear.
Most of us would have done just that.
Not Johnson. While driving at least the 45 mph speed limit around 6 p.m. that
day last August – police claim it was closer to 54 – he made no
attempt to get over and give the cyclists room until the instant before he
braked and ran into and killed Larry Gaunt, 59, and his 14-year-old
granddaughter, Sierra, who by that time were both riding in the road
itself.
Despite Johnson’s lack of good judgment – and reckless inattention,
prosecutors alleged – 12 men and women found the 49-year-old handyman not
guilty of involuntary manslaughter.
It’s one of those verdicts that send multiple messages.
The message to me and my fellow cyclists is that we’re fair game. If
someone runs us down in Missouri, the likelihood is he won’t be held
responsible.
The message to motorists who fail to take proper care to avoid hitting
cyclists: Shed a few tears on the witness stand, as Johnson did, and
there’s a good chance you’ll get off.
Police and prosecutors are also likely to discern a lesson from the outcome of
what was hereabouts a rare criminal prosecution of a motorist accused of
killing a bicyclist.
That lesson: Unless you can prove someone ran down a cyclist or pedestrian on
purpose, don’t waste your time on these kinds of cases.
Still, maybe something positive will come of it, says Brad Gaunt, who
was Larry’s son and Sierra’s uncle. He says he’ll work to
pass laws making motorists more accountable.
“Out of this, I hope we’ll be able to use this is a pivot
point to make things better,” Brad said. “If anything comes out of
this nasty thing that happened to my family, I’d hope it’s that my
dad didn’t die in vain.”
Fault the jury if you will, but its members had only three choices. Acquit
Johnson. Convict him of first-degree involuntary manslaughter, which carries a
sentence of up to seven years. Or convict him of involuntary manslaughter in
the second degree, which could have put him in prison for one to four years.
At worst, he was accused of a reckless disregard as to whether his driving
habits might put someone’s life in peril. Johnson claimed it’s his
habit to always drive on the right, except when his way is blocked and he needs
to pass.
The bicyclists veered into the traffic lane at the last minute, he claimed,
though prosecutors say he wasn’t paying attention until it was too late.
Likewise, the law didn’t give the prosecutors much to work with. In
cases like his one, they can charge a driver with a felony that requires proof
of guilt beyond a reasonable doubt. Or police can give him a traffic ticket.
“What we need is some kind of bridge between the two,” Brad
said. Legislation that allows some middle-level punishment that might more
likely result in a jury conviction.
The possibility of a fine and up to a year in jail would be enough to get most
drivers’ attention, he and I agreed.
“Right now, there’s no deterrent,” Brad said.
So on Thursday, the day after the verdict, Brad e-mailed Brent Hugh at the
Missouri Bicycle Federation to volunteer to help in his group’s
effort to pass such a law. Kansas needs one, too, Brad said.
That and new traffic rules requiring motorists to change lanes, if possible,
when they see a cyclist or pedestrian on the shoulder. Currently, that
requirement applies only when it’s emergency vehicles by the side of the
road.
“I’m ready to jump in with both feet now that (the trial) is
over,” Brad said.
Whether it’s testifying before legislative committees in Topeka or
Jefferson City, he plans on taking along a couple of props.
They were in the courtroom this week, the mangled yellow road bike that Sierra
was riding that day and the red one her grandfather was on.
I couldn’t take my eyes off of them when Johnson testified that he knew
the meaning of those “share the road” signs you see around town.
If only he’d practiced it, I thought.
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The Missouri Bicycle Federation is a coalition of bicycling, walking, running,
and trails organizations representing over 15,000 Missourians and speaking for
the 2 million Missourians who bicycle regularly and the 5.8 million who walk.
The Missouri Bicycle Federation is working to realize its vision of active
transportation in Missouri by creating a world-class bicycle and pedestrian
network in Missouri, building a movement around walking and bicycling,
encouraging more walking and bicycling, and increasing safety for all road
users.
www.MoBikeFed.org/vision
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Dr. Brent Hugh, LCI #1335 Dire...@MoBikeFed.org
Executive Director --- Missouri Bicycle Federation
www.MoBikeFed.org
816-695-6736
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