At the press conference yesterday to announce the plea deal between prosecutors and Chris Bucchere in the death of Sutchi Hui, SF District Attorney George Gascón said that his “goal is to send a message” to cyclists.
“Cyclists need to understand that they’re held accountable to the same standard as anybody else operating any other type of vehicle, and I believe we have achieved that in this case,” Gascón said. ”Often, bicyclists feel they are above the law.”
But with charges brought against so few of the 27 drivers who have killed pedestrians in San Francisco since the beginning of last year, it’s hard to believe motorists are being held to the same standard that Gascón applied in this case – a standard that all victims of traffic violence deserve.
Have law enforcement officials ever prosecuted a driver with the stated intent of sending a message to all people who drive? Or made broad, sweeping statements about motorists’ view of the law?
As Streetsblog has continually reported, drivers rarely face charges for killing pedestrians unless they’re intoxicated or flee the scene. The Center for Investigative Reporting buttressed that conclusion with an extensive study in April, looking at pedestrian fatalities in the Bay Area’s five largest counties between 2007 and 2011:
Sixty percent of the 238 motorists found to be at fault or suspected of a crime faced no criminal charges during the five-year period, CIR found in its analysis of thousands of pages of police and court records from Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco counties.
When drivers did face criminal charges, punishment often was light. Licenses rarely were taken away. Of those charged, less than 60 percent had their driving privileges suspended or revoked for even one day, an automatic penalty in drunk driving arrests.
Forty percent of those convicted faced no more than a day in jail; 13 drivers were jailed for more than a year. By contrast, those charged in accidental shootings often serve lengthy jail terms, according to media reports.