Streetsblog San Francisco

In most of the United States, the general rule about harming people with automobiles goes like this: Stay at the scene, and if you’re sober, you probably won’t be looking at anything more substantial than a moving violation. Recent laws passed in Oregon, New York, and Delaware promise to hold motorists to a higher standard of care (if law enforcement employs the new tools), but one part of the country seems to be taking a step backward when it comes to condoning reckless driving.

Martin Erzinger, Morgan Stanley Smith Barney wealth manager. Photo: Treehugger

Over in Vail, Colorado, the new rule seems to be that you don’t even have to stay at the scene, if you’re sufficiently rich and well-connected. Manage a billion dollar portfolio, and you can do whatever the hell you want with your car and get away with no felony charges.

Vail Daily reported last week that Martin Erzinger, a wealth manager for Morgan Stanley Smith Barney and local resident, will not face felony charges stemming from a July 3 collision in which he reportedly ran down New York City physician Steven Milo, causing severe spinal injuries, and drove away. Over Milo’s objections, District Attorney Mark Hurlbert won’t pursue anything stronger than a misdemeanor charge for the hit-and-run. The decision has little to do with justice or deterrence and much to do with money:

“Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”

Hurlbert said Thursday that, in part, this case is about the money.

“The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”

Hurlbert said Erzinger is willing to take responsibility and pay restitution.

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”

Blogger Felix Salmon says the decision amounts to Erzinger buying his way out of a felony charge. Over at Cyclelicious, Richard Masoner is calling for a Vail tourism boycott and points to other reactions around the web, including this petition to Hurlbert at Change.org.

Cyclists rally in memory of Christophe Le Canne. Photo: rydel/Picasa via Miami Bike Scene

The horrific death of a 44-year-old resident of South Miami has enraged
cyclists across South Florida, igniting a debate over street safety in
a region historically dominated by devil-may-care drivers.

On January 17, Christophe Le Canne was out for a Sunday
morning ride on the Rickenbacker Causeway, which connects the city of
Miami with Virginia Key and Key Biscayne, when he was hit from behind
and knocked from his bike by Carlos Bertonatti, a 28-year-old aspiring
musician with a long history of traffic offenses. Bertonatti drove for miles with Le Canne’s blue Cannondale wedged beneath his Volkswagen Jetta.
Le Canne died before paramedics arrived on the scene.

Bertonatti was arrested outside his Key Biscayne apartment after a police officer observed him
dragging Le Canne’s bike. He was charged with DUI manslaughter,
vehicular homicide, resisting arrest, driving without a license and
leaving the scene of a fatal accident. 

This could have been
written off as an isolated incident — another drunk driver with a
checkered driving record takes another life. But for several possible
reasons, that didn’t happen. Consider the arrogance of the killer.
Bertonatti’s website, according to the Miami Herald, "had boasted of his poor driving record." Police had to strap him to a fire department backer board in order to extract a blood sample. After the crash, Bertonatti issued regrets through his publicist. He is currently out on bail.

Read more…

Dr. Christopher Thompson is taken away in cuffs Monday. Photo: Los Angeles Times

Following
a highly-publicized, intensely-followed trial, Christopher Thompson,
the physician accused of using his car to seriously injure two cyclists
in the Brentwood section of Los Angeles, is behind bars.

Thompson was convicted yesterday of six felony counts: two counts each, according to VeloNews, of assault with a deadly weapon, battery with
serious bodily injury, and reckless driving causing specified
injury and mayhem.

On
July 4, 2008, Thompson passed cyclists Ron Peterson and Christian
Stoehr as the pair rode through the emergency room surgeon’s upscale
neighborhood. Angry after a verbal exchange with the men, Thompson slammed on the brakes
of his red Infiniti as Peterson and Stoehr rode behind. Stoehr ended up
in front of the car, wounded with a separated shoulder. Peterson hit
the rear window, suffering severe facial injuries. Thompson told police
on the scene that he was tired of cyclists in his neighborhood and
wanted to "teach them a lesson."

At trial, Thompson denied
making that statement, claiming that he had been attempting to get
photographs of the cyclists, who he said had frightened him. But the
jury didn’t buy it, possibly because of Thompson’s history of hostility
toward people on bikes. He was also convicted Monday of misdemeanor
reckless driving, a charge stemming from a prior encounter with two
other cyclists.

Read more…