Note: Amelie Le Moullac’s mother, Jessie Jewitt, and other Bay Area musicians will perform at a benefit concert on Friday in Palo Alto at 7:30 p.m. Proceeds will go to Amélie’s Angels, “a fund dedicated to bringing the gifts of education, food, clothing, toys, and most importantly love and laughter, to the children of Haiti.”
The truck driver who hit and killed Amelie Le Moullac on her bike at Folsom and Sixth Streets last August will face no charges from District Attorney George Gascón, despite surveillance video showing the driver at fault in the incident.
Gilberto Alcantar, the truck driver, is shown making an unsafe right turn in the bike lane in the video found by an SF Bicycle Coalition staffer. SFPD investigators initially claimed they could find no such video, and blamed Le Moullac for her own death. SFPD Chief Greg Suhr later apologized for the botched investigation, as well as the behavior of the sergeant who purposefully blocked a bike lane at a rally for safer streets in her honor. Suhr declared that the video evidence showed the fault was mainly with the driver, but DA Gascón says prosecutors can’t make an adequate case to file charges.
The news was broken yesterday by KQED’s Bryan Goebel, founding editor of Streetsblog SF:
After watching the video, investigators concluded Alcantar was to blame for making an unsafe turn into the bike lane, killing the young public relations professional. Despite that key piece of evidence, prosecutors ultimately felt it wasn’t enough to convince a jury.
“Unfortunately, with the evidence presented, we are unable to prove this case beyond a reasonable doubt,” said Alex Bastian, a spokesman for San Francisco District Attorney George Gascón.
Micah Liberty, an attorney for the Le Moullac family, has filed a wrongful death lawsuit against Alcantar and Milipitas-based distributor Daylight Foods. She said the family was disappointed and heartbroken that charges aren’t being filed, and that Alcantar wasn’t issued a ticket.
“After reviewing the evidence that we have, looking at the video of the incident, it’s really hard for this grieving family to understand how a driver can do what he did without receiving even a slap on the wrist for a minor violation of the vehicle code,” Liberty said.
“There is no issue about what happened. The video is clear, from what I understand — he made an unlawful turn across the bike lane,” said Shaana Rahman, an attorney who represents pedestrian and bicyclist victims in civil court. “It’s not all the time that you get such a clear piece of evidence in cases, either civil or criminal. There aren’t videos for every bike accident that happens — and here we have one.”
As frustrating as the lack of charges in this case may be, it’s par for the course when it comes to holding drivers accountable for killing people biking and walking. As the Center for Investigative Reporting found last year, 60 percent of the 238 drivers who killed pedestrians in the Bay Area between 2007 and 2011 were found to be at fault or suspected of a crime but faced no criminal charges, and those who did usually only faced a slap on the wrist. Drivers tend not to be charged unless they were drunk or fled the scene.
Even drunk drivers can get off easy. Kieran Brewer, who was intoxicated when he ran over 17-year-old Hanren Chan in a crosswalk on Sloat Boulevard, was sentenced to just six months in jail last month.
DA Gascón says he’s increasing efforts to prosecute traffic violence, and plans to hire a dedicated vehicular manslaughter unit of prosecutors to specialize in such cases, and it’s expected to be funded in the city budget this year. But his office claims that in Le Moullac’s case, there isn’t evidence to justify criminal negligence on the driver’s part — even with the video.