CA-Cop, driving over the speed limit and typing on his computer, kills cyclist. No charges.

[Anti Federalist]

Qualified immunity, move along now...



No charges for LASD deputy who fatally struck cyclist while typing on computer

http://www.dailynews.com/general-new...-typing-deputy

Posted: 08/27/14, 4:12 PM PDT

The Los Angeles 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 Milton Olin Jr. in Calabasas in December, officials announced Wednesday.

Extra: See the district attorney’s report on why no charges will be filed.

Olin, a prominent entertainment attorney, was riding his bicycle in the 22400 block of Mulholland Highway when he was struck by L.A. County Sheriff’s Deputy Andrew Wood’s patrol car in the bicycle lane on the afternoon of Dec. 8. The former A&M Records and Napster executive reportedly landed on the windshield and shattered the glass before rolling off the patrol car. He was pronounced dead at the scene.

Wood, a 16-year department veteran, was returning from a fire call at Calabasas High School at the time of the collision.

“Wood entered the bicycle lane as a result of inattention caused by typing into his (Mobile Digital Computer),” according to the declination letter prepared by the Justice System Integrity Division of the District Attorney’s Office and released Wednesday. “He was responding to a deputy who was inquiring whether the fire investigation had been completed. Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”

The law does not prohibit officers from using an electronic wireless communications device in the performance of their duties, according to the letter. Furthermore, prosecutors said it was “reasonable” that Wood would have felt that an immediate response was necessary so that a Calabasas deputy wouldn’t unnecessarily respond to the high school.

To establish the crime of vehicular manslaughter, prosecutors would have to prove beyond a reasonable doubt that Wood was criminally negligent. While GPS records show the deputy was driving three miles per hour over the speed limit prior to the collision, investigators could not determine his speed at the time of impact. And while Wood was texting shortly before the collision, there was no evidence he was texting or doing anything else that would have distracted him at the time of the collision, according to the letter.

[presence]

[brushfire]

Venture to guess what would have happened to a mundane?

What if an IT professional gets an email regarding an outage? Is it ok to text or email back with status?

[aGameOfThrones]

what's the definition of Justice? $#@! you that's what.

[bunklocoempire]

Venture to guess what would have happened to a mundane?

What if an IT professional gets an email regarding an outage? Is it ok to text or email back with status?

Inattentive driving got a friend 10 years back in the 90's after he killed a cyclist on Maui.

[RJB]

Olin, a prominent entertainment attorney, was riding his bicycle in the 22400 block of Mulholland Highway when he was struck by L.A. County Sheriff’s Deputy Andrew Wood’s patrol car in the bicycle lane on the afternoon of Dec. 8.

Wow. I seriously thought of cops as the muscle for the legal system and attorneys were valued more than cops in this system. Maybe Olin wasn't as connected as he thought.

[Anti Federalist]

Wow. I seriously thought of cops as the muscle for the legal system and attorneys were valued more than cops in this system. Maybe Olin wasn't as connected as he thought.

He was still a Mundane.

Perhaps a higher level Mundane, but a Mundane nonetheless.

That tin badge is, quite literally in 99 percent of cases, a get out of jail free card.

[RJB]

True. Usually when a cop does get in trouble I'm curious who he pissed off. Usually it turns out he was a good one who opened his mouth about another officer, called victim the N-word VS sir when assaulting, kidnapping or murdering the victim, or the cop bit the hand that fed him. In this case they would have to set the precedent that an officer can't text while going over the speed limit in a non emergency, and that ain't gonna happen.

He was still a Mundane.

Perhaps a higher level Mundane, but a Mundane nonetheless.

That tin badge is, quite literally in 99 percent of cases, a get out of jail free card.

[asurfaholic]

Color me surprised.

[Seraphim]

Is that color blue with a shade of Officer Go $#@! yourself?

Color me surprised.

[satchelmcqueen]

i think id have to have some revenge on some people if that were my dead relative.

[tod evans]

Wow. I seriously thought of cops as the muscle for the legal system and attorneys were valued more than cops in this system. Maybe Olin wasn't as connected as he thought.

All attorneys aren't on team "Just-Us"......

Even the clerks in the DA's office are above kops in the pecking order...

[TheTexan]

"It can wait" does not apply to cops, because its very important that their communications are sent quickly and promptly. It could even mean the difference between life and death, in some cases.

[RJB]

"It can wait" does not apply to cops, because its very important that their communications are sent quickly and promptly. It could even mean the difference between life and death, in some cases.

Obviously in this case.

[Danke]

Biking is dangerous. I respect those that do it and always give them a wide berth. But really, I don't ride anything smaller than a SUV. I value my life. Countryside, maybe, but not in the cities.

I know they are not supposed to be on sidewalks. But that is where I think they belong. If I am walking on a sidewalk, I don't care if a bicyclist wants to share it with me. Ring your $#@!ing bell, I'll move over.

[Christian Liberty]

Obviously in this case.

He's joking...

[RJB]

He's joking...

I know. I can spot humor faster than a speeding/texting cop can spot a bicyclist.

[Christian Liberty]

I know. I can spot humor faster than a speeding cop can spot a bicyclist.

lol!

[extortion17]

i think id have to have some revenge on some people if that were my dead relative.

maybe in the form of a civil suit - negligence in official acts, depraved indifference, or something

http://definitions.uslegal.com/d/depraved-indifference/


.

[HOLLYWOOD]

No difference than a drunk driver, complete irresponsibility. Officer Immunity should be charged with minimum manslaughter as well as corruption charges against the RICO District Attorney.

Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”

ANother law that is not only unjust, but violates other laws of discrimination for starters. I wonder if a civil wrongful death law suit can take action on the JUST-US mafioso hitman?

[Weston White]

To establish the crime of vehicular manslaughter, prosecutors would have to prove beyond a reasonable doubt that Wood was criminally negligent.

Durp, durp, hello, anyone home down there in LA?

Motor Vehicles and Motorized Bicycles in Bicycle Lanes, CA VC21209:

(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the intersection.

[Weston White]

Durp, durp, hello, anyone home down there in LA?

Motor Vehicles and Motorized Bicycles in Bicycle Lanes, CA VC21209:

(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the intersection.

ETA:

Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”

Also, this section, under subsection (d) ("A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.") merely exempts first-responders from the penalty for having violated the outlying section, negligence attributed from the misuse of an such wireless communications devices is an entirely separate and distinctive element--having nothing to do with this exemption. (For example, an emergency vehicle racing with lights and sirens for a bona fide emergency is still required to yield at stop signs and red lights, failure to do so does not exempt them from negligence should they T-bone cross-traffic with the right of way in the process.)

[aGameOfThrones]

Like:

Professional Courtesy’ and Negligent Homicide

Police Kills Two, Gets Probation!

Trooper, in vehicular homicide, walks when fellow cop fails to appear.


State Trooper Kills grandmother and child trying to catch a speeder

Late update on this one^

The N.C. Court of Appeals has ruled that a lawsuit can proceed against the trooper involved in a 2010 crash that killed a woman and child.

Allmond’s family filed a suit against Goodnight individually and in an official capacity. Goodnight appealed on the grounds that public officials have immunity from liability. A lower court threw out the suit against Goodnight as an official, but held up the suit against him individually.

Judges on the Court of Appeals said on Nov. 19 that a public entity can be sued individually of their actions are “corrupt, malicious or perpetrated outside and beyond the scope of official duties.”

The court ruled that the complaints against Goodnight “contained sufficient allegations” to keep them from determining Goodnight could not be sued as an individual.

Goodnight had been traveling 121 mph 2.1 seconds before the collision. He swerved when Allmond turned in front of him and struck her car at an estimated 85 mph, according to records.

Justice sure takes a long time, if at all.

[nobody's_hero]

Biking is dangerous. I respect those that do it and always give them a wide berth. But really, I don't ride anything smaller than a SUV. I value my life. Countryside, maybe, but not in the cities.

I know they are not supposed to be on sidewalks. But that is where I think they belong. If I am walking on a sidewalk, I don't care if a bicyclist wants to share it with me. Ring your $#@!ing bell, I'll move over.

True. If the guy on the bike had been in an 18 wheeler, well, let's just say he'd have done a great service to the community.

[Philhelm]

[Mani]

Durp, durp, hello, anyone home down there in LA?

Motor Vehicles and Motorized Bicycles in Bicycle Lanes, CA VC21209:

(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the intersection.

Exactly!!!


We can't prove he was negligent......................................... .................................................. Except for the fact that his car ended up in the marked off BICYCLE LANE!!!!!!!!!!!!!!!!!! It's not called...Police text and drive lane...It's called the BICYCLE LANE.




Oh and just to make sure we don't forget Kelly Thomas...


"Milton Olin Jr. did this to himself" Amirte?