Georgia Trooper not indicted in biker's death

[Patrick46]

This is just sad no matter how you slice it.

Accidents DO happen to all of us, but failure to pay attention is NOT an accident...that is blatant NEGLIGENCE!!! It doesn't matter if it's an officer in the line of duty or not. HE made the turn into oncoming traffic, and failed to use proper caution..........this was clearly the cop's fault. How anybody, the DA or his department cheif...whoever, can defend this act is a crime in itself!!!

 

 

I hope someone prints up a followup...I'd like to see the family come out on top of this.

[Monty]

Lights and siren are only a "request" for you to yield the right of way.....look it up.

 

 

No excuse.

[Grey Ghost]

The day I picked up my 06 RSTD at the dealer, I went for a ride with a group of bikers. Looking over my new ride at lunch, I noticed a cut in the passenger backrest and headed back to the dealer for replacement.

 

I came back into town through an area I was unfamiliar with and got lost in a residential area. After stopping at a stop sign, I turned right, went several yards and saw blue lights in my mirrors.

 

The policeman was nice, but asked me if I had been drinking because I pulled out directly in front of him. He saw that I was going to pull out in front of him and he was prepared to stop. I have absolutely no idea how I missed seeing a police car, but he could have killed me and these posts might be about him.

 

Accidents do happen and it isn't always the fault of the driver in the car.

 

Jeff

[MAINEAC]

[ame=http://www.youtube.com/watch?v=ccONs7WGzpk]YouTube - Cop Hits Innocent Guyon his Motorcycle[/ame]

[raceman62race]

This incident is sad any way you look at it. I was almost killed by a GA State Patrol back in June in north Ga mountains not far from Dalonaga. Sounds like it COULD have been the same LEO. A few of my friends and I had ridden in a fund raiser event that started and ended at Six Flags over GA. After the event was over, we decieded to go to the mountains for the rest of the day. We ended up in Dalonaga and decieded to go to Helen. On one of the roads between Dalonaga and Helen, a state patrol was coming around a corner so fast that he drifted over the yellow line into our lane. I was in the center of the lane and we missed having a head on collision by inches. It happened so fast I didn't have time to resopnd. The state patrol had his lights on and was in persuit of something. Didn't hear a siren. As curvey as most of the north Ga roads are, there was no way I could have seen him coming. He was going too fast for the curve he was trying to navigate because if we had been in a car, there would have been a head on colision. I was riding 2 up that day with my wife on the back of my scoot with me. I would like to think if we would have been killed, my kids would have gotten a settlement from the state. I think the state should be held responsible anytime a state employee is neglegent. I am sure the LEO regrets what has happened and he will have to live with it for the rest of his life. However, I do think we should all be held accountable to the SAME set of rules.

[wild hair 39]

i didn't see that 55 mph speed limit sign,but it still cost me $100.00,that was in MI,guess that excuse only works,for law enforcement people,and cell phone users

 

[ediddy]

Hey Raceman62race,

You need to call the patrol post where that trooper works and let them know what happened. Their is no emergency that would justify killing someone to get to the emergency. Sounds like the trooper around the Dalonega area need some training.

[Magnawake]

Problem is, We're all Human and all make mistakes. Some mistakes are more costly than others. I'm sure the cop feels terrible. Lack of judgement, inattention, time pressures, lack of sleep, whatever the excuse, there's always a reason that caused an accident. I feel sorry for the rider and the cop. What really ticks me off is drunk drivers, speeders that are known to be killers no matter how you try to explain it. Those people really need to be locked up.

[calperin]

I start to believe that in GA kill a motorcyclist is part of the policeman job according with the newspaper.

 

Is this also going south???

 

I don't know who is worst? the police or the newspaper...

 

:crying:

[slick97spirit]

i think the key word here is accident. the officer was doing his job and made a mistake which i'm sure he deeply regrets. we all make mistakes it's called human error. i doubt if he was on the phone or eating a burger. i have made a few misjudgements in my life that could have killed someone. it is a shame that fatal accidents happen. some are do to neglegence, and some are do to the fact that we are not machines and are capable of error that can often times cause a major disaster. just my 2 cents. bill

 

 

Bill,

Couldn't agree more.

 

Negligence = nail em........Accidents=just that, an accident.

[mrod]

In yesterday's Dahlonega, GA newspaper, The Nugget.

 

"Trooper not indicted in biker's death".

 

A local motorcyclist was recently killed as he returned from a friend's funeral by a GA State Patrol car making a U-turn on Hwy 129 to go after a speeder.

 

The DA said "He was doing his job, he turned on his lights, he made the Uturn, he didn't see the individual".

 

 

Substitute mother pushing a baby carriage for motorcyclist and try to defend it as"He was doing his job.":soapbox:

A human life is a human life.

Edited August 26, 2009 by mrod
Forgot to finish thought.

[Bob Myers]

Several years ago, 2 cops running lights and siren, on a divided 4 lane, in town(Lexington), one a city car, the other a deputy sheriff, Deputy crashes into a car crossing from right to left in front of him, man dies. Deputy was convicted on manslaughter

[spear]

i think the key word here is accident.

Sorry Bill.

Rule out the word "accident" in this instance.

Look it up in a dictionary. It usually has connotations of "totally unavoidable" or similar.

I'd say the cop (who has a greater duty of care to ALL road users than Mr Average) is guilty of carelessness, incompetence and neglect.

Hang him, I say!

(And this is coming from a former LEO of 27 years unblemished driving record as a LEO.)

[Zfrebird4]

.. in Ohio, just before dusk, I topped a SLIGHT hill with running lights on and on HI BEAM with STROBE LIGHTS (4"X2" ... and I saw a silver fender, then the state emblem, then a rear bumper. By then I had been on my back breack full throttle, and I SWARE ... I was doing around 60, and that baby with the brakes at 60% back and 40% front just floated down and I stopped ... just before hitting the bumper. The 60/40% brake system of the VR is a great gift, and it saved my life. He, too, was flipping a uturn to go after someone. By the time I calmed down enough to ride more, ... and chase after him cussing, ... he was gone. I am grateful to Yamaha's designs and the Good Lord that was and am still here. When I see flashing lights, ... I just get out of the way. Being on two wheels is no time to defend one's rights.

 

Jack Tharp

Fort Collins, CO

aka

DePrech (YUP! I did pray a lot in those brief 2 seconds)!

[footsie]

The last thing we need is any more laws, there are enough laws in the country to cover any situation, if they were inforced. The law in Ga, as we were in structed in emt and Firefighter training is, if you turn lights and siren on and have a wreck, IT IS YOUR FAULT. We were told if the lights and siren is on and we go through a green light, another driver runs the red and hits us, it is still our fault.

Ofcourse in Ga there is also the drivers responsible to maintain control in all situations. Meaning you are to be looking far enough ahead, to see anything that might obstruct your path of travel.

When i was the Public Works director I had to personelly do Incident investagation on every accident on the Turner County Roads system. County roads not he state roads. Very rarely was there a situation that only one driver was clearly at fault. Most of the time there are contributing factors on both sides.

On one that went to court, there where several injuries and everyone was sueing and cross suing. One driver had pulled out in frount of another at a stop, at first it appeared that the driver that had pull out was at fault, but after the investagation, the skid marks clearly indicated that the driver of car 2 was running twice the posted speed. If he had been driving the posted speed limit the other car should have had time to clear his path, and he would have been able to stop to avoid the wreck. He lost the case and was fined for speeding, and his insurance company had to pay the other expenses.

But back to the troopers case, I don't know but in EVOC( emergency vehicle operations course) emergency person are instructed that they are to adhere to a higher standard of safety when operating any public service vehicle all the time and especially in and emergency situation.

 

 

Gregg

[scotty]

There was an incident in this area this spring with a police car doing a u turn. Results were also sad.

http://www.cbc.ca/canada/edmonton/story/2009/05/05/edmonton-officer-killed.html

[Sailor]

I used to drive ambulance. One time while making an emergency run through Victoria we lost our lights and siren. We called the police for an escort. They were reluctant. I found out why as we went through the city with the police car in front of us with its lights and siren we were almost t boned by people cutting us off or trying to jump the light. People need to be educated to the dangers out there. They need to be aware. Only extensive public awareness campaigns and heavy fines can raise the awareness. On our island we had a recent death. A guy who had drunk two bottles of wine and had several beers, was well over the legal limit, went around a corner on the wrong side of the road and killed a nurse on her way to work. He had several previous drunk driving convictions and was only charged with driving without due care. A minor offence. A woman who had 27 charges for driving offences including drunk driving and going 70 through school zones went around a corner on the wrong side of the road and killed a biker and his wife. She was out driving and again got caught going 75 in a school zone a week after the accident. Why are these people still driving?

[raceman62race]

I think we all need to be held to the exact same accountability level. If a cop causes a wreck or a death, they need to be held to the same accountability level as if a member of the public was the one that caused the wreck or death. I know and understand that they have a duty to perform and I am behind them all the way but taking a innocent bystanders life is unacceptable even if it was an accident...and I am sure the patrol didn't purposefully pull out in front of the biker. If one of us pulled out in front of someone and killed them, the courts wouldn't let us walk away from it so why should the cop?

[slick97spirit]

i think the key word here is accident. the officer was doing his job and made a mistake which i'm sure he deeply regrets. we all make mistakes it's called human error. i doubt if he was on the phone or eating a burger. i have made a few misjudgements in my life that could have killed someone. it is a shame that fatal accidents happen. some are do to neglegence, and some are do to the fact that we are not machines and are capable of error that can often times cause a major disaster. just my 2 cents. bill

 

Gotta go along with you on this one Bill. Because I ride a bike does not mean that I am not going to mess up. We have all pulled out in front of someone or misjudged a distance or didn't see the other driver at some point in our driving careers whether in a car or on a bike. It happens. Now drunk driving is a totally different matter.

Just my 2 cents added to Bill's.

[Sailor]

Some time ago I saw a great ad. It was on English TV. It showed a car pulling out in front of a bike, turning left into the bike etc. Then it showed the bike pulling out in front of the car, turning left into the car etc. In each case the car was demolished and the biker is telling the cops " Gee, I just didn't see him." Wish they would run it here.

[csogbk]

Tragic? No doubt. Sad, definatly. Are we getting the whole story from the media? Who knows. Will this Trooper live with this for the rest of his life? Guilt, remorse, doubt. Yes. All feelings shared, no doubt, by the cyclist's family I'm sure. But before we condem cops in general lets remember the countless troopers and officers every day who respond to motorcycle accidents, or people breaking into our homes, or terrorists walking thru Army Posts with pistols designed to penetrate body armor. As a cop, I dont ask for special favor and know I am held to a higher standard. I have one of the few jobs in this world where making a left or right turn at an intersection could affect my life, my livlehood, my family for decades to come. The trooper was lawfully aquitted by a jury of his peers. Dont hold us all in disdain.

 

[RandyR]

yesterday's paper held a followup story.

 

my synopsis of the news story.

 

Following the dismissal of the case by the grand jury on criminal charges, the family of the biker obtained a lawyer and sued the State on civil grounds. The lawyer argued that if you or I had caused this death in this manner, we would be in jail for manslaughter. They won their lawsuit and the State of GA has paid the family an undisclosed settlement. The newspaper article states that GA has a 1 million dollar cap on state paid civil claims.

[Venturous Randy]

Thanks for the update Randy. Whether we like it or not, we really are accountable for what we do. Sometimes our poor judgments go off ok and sometimes it is catastrophic.

In this case, I hope the state of Georgia uses this opportunity for some extra training in this type of crash. It may very well save other's lives.

RandyA

[loehring]

I'm glad it was settled. I don't think the officer should be in jail but I do think it's right that the state make some sort of restitution. This is very different from a drunk driver, etc. I also agree there has to be some sort of lawsuit cap. You can't put a value on a life so there's no point in arguing but $1million will at least take care of the family left behind.

[saddlebum]

i think the key word here is accident. the officer was doing his job and made a mistake which i'm sure he deeply regrets. we all make mistakes it's called human error. i doubt if he was on the phone or eating a burger. i have made a few misjudgements in my life that could have killed someone. it is a shame that fatal accidents happen. some are do to neglegence, and some are do to the fact that we are not machines and are capable of error that can often times cause a major disaster. just my 2 cents. bill

Saddly I have to go along with what Snarly bill say's we are human and we are prone to making mistakes, I too have had a close call a time or two that could have resulted in a bad situation, sometimes we just happen to look in the wrong direction at the wrong time or a vehicale is in our blind spot. How often have we pulled out of a parking lot and stopped (or not ) at the curb of a street instead of before crossing that side walk used by pedestrians and bicyclists, think about it

 

However in a case of DUI caused manslaughter (because no one gets accidently drunk) , or a case were a person was obviously careless as in texting, using a cell phone, getting dressed, or applying makeup, I feel the offender should be punished. . In Holland, if you get in a accident and the officer smells alcohol on your breath you are automaticly also at fault regardless of what happend or how little you had to drink. A bit harsh maybe but in some circumstances, good judgment and reflexes good have compansated for the other drivers mistake and avoided or minimized the end result.