Deputy Who Fatally Struck Cyclist While Answering Email Will Face No Charges

Frosty P writes The LA County District Attorney's Office declined to press charges against a sheriff's deputy who was apparently distracted by his mobile digital computer when he fatally struck cyclist and former Napster COO Milton Olin Jr. in Calabasas last December. The deputy was responding to routine work email when he drifted into the bike lane and struck and killed Mr. Olin. An official with the L.A. County Sheriff’s Department said it is launching its own probe into the deputy’s behavior.

Comments

Re:yet if we did it

[Fuzion]

Sorry. Not being native and neither a lawyer my grasp of these things is limited. What's the difference? (honestly, I want to know in order to prevent misusing them in the future)

Being sued is in a civil lawsuit, usually for some monetary amount (for example by the family of the cyclist), whereas being prosecuted is for a criminal case, with potential prison time (by the district attorney).

Re:yet if we did it

[ganjadude]

im not applying emotions to the law, im applying the law to the law. If you or I were texting or emailing in our cars, we get a fine, If we kill someone, its homicide.

if this was SOP, than it shouldnt be any longer, and as such the training was bad if it allows cops to break the law in such a way and new training should be in place that says "stop driving to respond to an email, if you need to radio it in" cops have radios for a reason, use them

I understand that the findings show that in this case he was following procedure, but said procedure caused the loss of life, whoever signed off on said procedure should also be held accountable.

Re:yet if we did it

[Anonymous Coward]

Funny you say that because the officer initially claim that the bicycle swerved into his path causing the accident:

http://bikinginla.com/wp-content/uploads/2014/08/JSID_wood.pdf

Re:The deputy initially claimed...

[SpzToid]

...from Witnesses, (page 3 of the Police PDF Report):

Andrew McCown was the driver of a vehicle that was traveling eastbound on Mulholland Highway approximately 60 feet behind Wood's patrol vehicle when the collision occurred. He indicated he did not see Olin until he "flew into the air" after being struck by the patrol vehicle. He did not see the patrol vehicle swerve or the brake lights activate until after a collision occurred. McCown is an emergency medical technician and stopped to render aid to Olin. Olin had no pulse and had a severe injury to his head.

Ashely McCown was the passenger in that vehicle. She stated that she also noticed Olin in the bicycle lane prior to the collision.

Re:yet if we did it

[tysonedwards]

How about by fixing this??? - Sept 2000: Court OKs Barring High IQs for Cops

Re:yet if we did it

[fahrbot-bot]

Or bleeding on the officer.

You jest, but... From: Sept 2009 in Ferguson, Mo: Ferguson Police Beat Up Wrong Suspect Then Charged Him For Getting Blood On Uniforms In 2009

...police officers allegedly slammed his head against the wall, hit him and kicking him in the head, .... Davis was eventually taken to the emergency room.

He was charged with property damage, ... with the charging documents stating that Davis "did transfer blood to the uniform."

The local prosecutor later dropped the property damage charges, ... because of conflicting reports from the officers involved.

Re: Ridiculous.

[ottothecow]

Unfortunately I think you will find that we don't imprison *anyone* who is involved in a fatal crash with a cyclist. Even when road rage or illegal device usage are a factor.

I am sure you can find a couple of examples, so maybe saying it never happens is overreaching, but you will find a distinct lack of prosecution in car-cyclist deaths compared to car-pedestrian deaths that are otherwise identical.