Speeding cop on computer kills kid on bike... Gets a "careless driving" ticket

[Moontrane]

Kid was hit by cop around 6:15 am.  it was a little dark there.  Some say that means the cop should have been MORE cautious.  First week of school.  Kid was driving his bike.  There were 30 to 40 feet of skid mark where the cop TRIED to avoid hitting kid.  Swerved too.  Bike was well under cop car, kid was launched pretty far.  Violent crash.  

They have 100% proof the cop was speeding, although they haven't said what "at least 50 mph" means.  I guess what I'm asking is, if the kid was doing everything legal - riding his bike with a reflector on a public road where no sidewalks available - And the cop was 100% proven to be speeding - What will the likely response be?

Will cop be charged/fired?   I'm just curious if there's a precedent for this.  Most estimate he was actually going 60-ish, based upon the crazy skid marks and violence of crash... and cops FLY thru that area usually.  That actual number will be released later - they just made it clear he WAS speeding and emphasized "at least".  So *IF* it ends up being 50 or 60 mph... and he killed a 15 year old kid... does that cop see charges?

The cop car actually skidded?  Wasn't it equipped with ABS?  From the limited pix I saw, the "skid" mark was from the bike being trapped under the left front wheel, thus causing the bike tires, etc, to leave a trail. 

Pls correct me if I'm mistaken. 

[Moontrane]

Sounds like you are suggesting murder.... again.

There's an awful case in SoCA involving a deputy who struck and killed a bicyclist while typing and driving.  No charges.

"Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”

http://www.dailynews.com/general-news/20140827/in-calabasas-death-of-cyclist-milton-olin-no-charges-against-typing-deputy

[240 is Back]

I haven't seen pics of the skid marks.  they were trying to estimate it on the next, but police wouldn't let them near, so they had to walk thru canals and take pics from roofs lol.  So I dunno there.  They estimated them as 20 to 40 but i haven't seen them.   They haven't released much info.  This detail about the speeding was the first detail since the poor kid died.

Cops are everywhere in that area, watching for speeders, which I guess is good. 

[Disgusted]

Where's the one about the cop who was sending an email while driving and hit a older gentleman on his bike? No charges since the officer was performing a duty related email.

[Voice of Doom]

dash cam would show that.   they all have them here.  

and the way local media has been on the police's side (blaming road conditions, citing all these new safety programs instead of talking about the speeding), I'm guessing if the dashcam showed the kid was at fault, it's all we would have heard about for the last week.  

The media's role is not to provide 'information' but to reinforce the infallibility of those in authority...especially 'state sanctioned' authority when possible.  The system will permit minor changes but won't tolerate questioning of the inherent right of government control.  The media fulfills its part of the script by manufacturing consent of the masses (Chomsky).  Incidents like these that would demonstrate equality of the law to government agents are carefully monitored for the affect it has on its subjects people.

[Deacon Jeschin]

Sounds like you are suggesting murder.... again.

And you are wrong.......again.

[240 is Back]

Well, yeah, i never said it was the law, duh.

bottom line... police are there to enforce the law.  why in the world should I drive speed limit when officer friendly can zoom around off duty at 15 mph over the limit?

[Tapeworm]

Both are.  You have to be trusting to the point of foolishness imo ride a pedal bike on a road.  All it takes is one sleepy dickhead fiddling with the radio or texting his gf and you're history.

But mostly the driver.  Being a cop has no bearing.  He drove into/over something/someone he wasn't supposed to.  That's the definition of not being in control of the vehicle.  If you plowed someone under you'd be in the clink blowing into tubes and having blood samples taken and spending your life's savings on lawyers and bail. You damn sure wouldn't be at work the next day.

[Shockwave]

bottom line... police are there to enforce the law.  why in the world should I drive speed limit when officer friendly can zoom around off duty at 15 mph over the limit?

I wasn't arguing with you about police hypocrisy, I was originally making a point about why drivers freak the fuck out and get upset when someone wants to drive faster than they do. We literally have guys in Washington who will pull into the fast lane and try and slow people down (when the flow of traffic is right at the limit or above), and they'll get !ad and flip people off when they pass them.

They make it their job to try and force people to drive how they want instead of just letting them go around. Like I said, more Seattle liberal "you should think/live/drive how I feel you should think/live/drive, and if you disagree, fuck you I'll force you to think/live/drive how I think you should, because I know best"

[Dr.J]

There are 3 different levels of getting to an emergency call, code 1, code 2 and code 3.

Code 1 they only use the lights to go through intersections.

Code 2 they have the lights on the whole time.

Code 3 is they have lights and sirens on.

It depends on the type of emergency they are going to.

What state is this?

[calfzilla]

What state is this?

I believe it's standard for most places.

[Dr.J]

News flash....it is legal for police officers to be on their cell phones if it is regarding work. 

[Dr.J]

I believe it's standard for most places.

Not California.   They can only respond code 3, with light (red light to the front) and sirens. All other codes (1,2) are follow all road laws, no light no sirens.  Policy dictates this in all departments as well. Code 3 must also be conducted in a non negligent manner.

[Dr.J]

The "exempt" plate on government vehicles exempts them from CVC (California Vehicle Code). You may also take note that alot of police officers do not wear their seat belts, per the CVC they do not have to, however, departmental policy dictate otherwise.  But nothing in the CVC or laws exempt them from negligence.

NOW YOU KNOW

 

[Dr.J]

There's an awful case in SoCA involving a deputy who struck and killed a bicyclist while typing and driving.  No charges.

"Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”

http://www.dailynews.com/general-news/20140827/in-calabasas-death-of-cyclist-milton-olin-no-charges-against-typing-deputy

This Deputy may still be liable on a civil case.

[Dr.J]

 Be assured there will be multiple investigations conducted.

[240 is Back]

They determined the cop was speeding and using his laptop, both violations.

They gave him a "careless driving" ticket.   He's been back on the force since a few days after the wreck.

People are outraged locally... he killed a 15 year old riding his bike to school... playing on a computer (policy of LSCO is to pull over to use, always) while speeding (at rates of "at least 50 in a 45mph").

He got a careless driving ticket.   No reckless, no manslaughter, no anything.  The same thing we'd get for drifting 2 lanes to turn without signaling, or eating a burger while driving (and hitting nobody).   Careless driving.  A ticket.  And they wait til friday PM news dump to release it.


www.nbc-2.com

[Tapeworm]

They determined the cop was speeding and using his laptop, both violations.

They gave him a "careless driving" ticket.   He's been back on the force since a few days after the wreck.

People are outraged locally... he killed a 15 year old riding his bike to school... playing on a computer (policy of LSCO is to pull over to use, always) while speeding (at rates of "at least 50 in a 45mph").

He got a careless driving ticket.   No reckless, no manslaughter, no anything.  The same thing we'd get for drifting 2 lanes to turn without signaling, or eating a burger while driving (and hitting nobody).   Careless driving.  A ticket.  And they wait til friday PM news dump to release it.


www.nbc-2.com

Not to be a cold-blooded socio but this is the kind of outrageous miscarriage of justice that a well spoken, middle-aged lifter could really exploit to springboard into local politics.  If one were so inclined.

[240 is Back]

Not to be a cold-blooded socio but this is the kind of outrageous miscarriage of justice that a well spoken, middle-aged lifter could really exploit to springboard into local politics.  If one were so inclined.

lol public office? 

That'd be a pay cut for most getbiggers

[240 is Back]

Police dept finally released the report.   Was supposed to come out, then they declined, then NBC2 raised a huge stink, so they released it.

COP ADMITTED he was drifting between lanes
COP ADMITTED he was speeding (how fast, we don't know, at least 50 in a 45)
COP ADMITTED he was adjusting brightness on laptop (against policy while driving), looked up, saw kid, cut wheel and hit him instantly.

COP ADMITTED he lit flares and waited, didn't go look for dead kid he launched 50 feet because he already knew he was dead.

www.nbc-2.com

And cop will receive ZERO discipline outside of a 'careless driving' ticket.
And cop will receive no punishment on job - he had a few days of desk duty and has been back on since.

HUNDREDS of pissed off comments on their page.  Dude is the most hated person in town.

[Sokolsky]

That's all great and all. But won't change the fact the kid got hamburger'd.

[thebrink]

Government foot soldiers are immune from prosecution in most cases tell us something we don't already know.

In before the "the kid shouldn't have gotten in the way of the police officer doing his job" poster ..

[240 is Back]

now the cop is in court.

he's FIGHTING the careless driving ticket.

unbelievable.  I'm sure he doesn't want to get sued for running over someone's kids, etc... but what a shitbag, what a dick move.  he's claiming it was not careless to speed while working on the computer. 

However, if I am on that road going 60 mph playing on my iPhone, he'll certainly give me a careless driving ticket, at best, and reckless driving at worst.

But hey, he's special.  Dick head.

[Moontrane]

A judge cleared the deputy of any wrongdoing.  Department settled with the mother.

https://www.news-press.com/story/news/2016/12/28/settlement-sheriffs-office-reached-teens-bike-death/95913832/

Lee sheriff's office reaches settlement in teen's bike death

The family of a teen killed by a Lee County sheriff's deputy agreed to a $300,000 settlement.

The sheriff's office and deputy who hit the Cape Coral teen while he was bicycling to school will be of absolved of all responsibility.

The wrongful death suit was filed on behalf of Stephanie Diersing months after her son, Austin Dukette, 15, was killed.

Dukette, a Mariner High School freshman, was struck in August 2014 at Kismet Parkway West and Northwest Sixth Place.

No fine for Lee deputy in teen cyclist's death