Police report an officer accidentally killed 2 cyclists. No questions answered.

Police in California report that an officer accidentally crossed the median and killed 2 cyclists Sunday March 9, 2008. A 3rd cyclist was seriously injured. An initial news report stating the "The group collided with the deputy's car" has been corrected. Despite this one correction the news media are not reporting if the officer was given a medical/blood test.

I called the Santa Clara County Sheriff's department. They sent me the attached press release and deferred all further questions to the California Highway Patrol. The Sheriff's office stated the CHP is in charge of the investigation under their request and because it is the CHP's jurisdiction.

The Sheriff's Dept. Statement reads: "The deputy was traveling northbound ..when his vehicle accidentally crossed over the centerline of the roadway. The deputy’s vehicle struck three bicyclists who were traveling southbound on Stevens Canyon Road"

I called the CHP offices and spoke with staff who had no answer. I asked if the officer has undergone an examination or blood/medical testing? If both law agencies accept police fault as an accident, what evidence do they offer to support that? How can the independence of the investigation be maintained or verified?

The initial press release mentions "accidentally" but no information has been given by the Sheriff's office nor has the CHP returned my calls.

I can find 2 Newspapers covering the article so far. As of 2AM Monday March 10th
=================
SF Chronicle http://tinyurl.com/2d3eda
This does a good job telling a story about the victims, but it tells no story about the true cause of the incident. The reporters do not ask any tough questions.


San Jose Mercury News http://tinyurl.com/2m9sqx
The San Jose Mercury newsroom removed just one of the many problems in their article. For most of Sunday they reported: "The group ( of cyclists ) collided with the deputy's car". ( See attached PDF ) After 4 calls to their newsroom they updated the story to read: "The group was hit by the deputy's white cruiser" The update also buried over 9 pages of public comment and witness testimony.

It is worth noting information in the SJ Mercury article
- CHP quotes were the Public Information Officer, Todd Thibodeau
- It quoted only the police regarding the facts of the accident, witnesses available and left out
- No mention that evidence showed no skid marks and the vehicle left the roadway

I've confirmed one of the victim's as Matt Peterson, picture attached.

As a cyclist of 36 years who has been injured by a drunk driver, my deepest sympathy goes out to all their family and community members.

The lack of due process and information in this California incident mirrors the recent failure of police who refused to ticket 2 different Portland Oregon drivers who killed and injured cyclists, even with adequate evidence to begin investigations. In once case a member of the public was forced to persue and win a citizen conviction, in the second, the police are impeding an investigation of the death of Bret Jarolimek.

In California, both papers have failed to mention the CHP has no comment on basic questions. I've shared all my information, contacts and leads with them, including a confirmed witness whom the SJ Mercury refused to call. These media outlets are refusing to pursue the real story, why did the officer allegedly "accidentally" kill 2 cyclists and injure one with his vehicle? Even if the officer testifies fault due to a distraction, cell phone or sleep, was the officer's blood tested and evidence preserved? These questions remain....




==============================
Questions to ask of any investigation of a vehicle harming a human

1) Was a ticket issued to the driver who killed/injured injured the person(s)
If not, why was the driver not cited? What is policy?

2) Was the driver put in custody? Is there a prior record?

3) Will the reporters ask investigators tough but fair questions about the real story and not the first story given?

4) Will the reporters avoid distracting details that can blame the victims?
"The group (of cyclists ) collided with the deputy's car"
" It was unclear if the cyclists involved in this crash were (riding 2 abreast)"
victim was/wasn't wearing a helmet
victim was/wasn't wearing revealing clothing

5) If a public official or law officer is being investigated, is it being done with equal or greater scrutiny and public disclosure as any other investigation?

6) Is there any video or physical evidence of the accident and who is collecting and preserving that?

7) Is all the vehicle driver's info being given to the victim or survivors as mandated by state laws?

8) Regardless of the driver story, was the vehicle driver taken to a facility for evaluation?

9) Who administered any medical or blood tests and how long after the accident?

10) What or tests, methods or facility were used for testing?

11) Current status of the investigation?

12) Was the driver on a cell phone or were there other factors of the scene involved and not yet covered?

13) Are all vehicles being preserved as evidence until completion of the investigation or trial?




references:
===================

SF Chronicle Article from Sunday 3/9/2008
http://tinyurl.com/2d3eda
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/09/MNKSVGTJ1.DTL&tsp=1

Public commentary on the SF Chronicle
http://tinyurl.com/ypao
Authors of the SF Chronicle Article:
metro [at] sfchronicle.com, dbulwa [at] sfchronicle.com, dvigil [at] sfchronicle.com, thendricks [at] sfchronicle.com, cvega [at] sfchronicle.com


========================

San Jose Mercury News Article
Published Noon Sunday 3/9/2008:
Written by lgriffy [at] mercurynews.com
http://tinyurl.com/2m9sqx
(revised 11pm Sunday 3/9/2008)

9 pages of public comments removed from the story:
http://tinyurl.com/32slq7

Leslie Griffy SJ Mercury News (408) 920-5945.

managers/senior editors of the SJ Mercury News
dakizuki [at] mercurynews.com
pdelevett [at] mercurynews.com
jhoadley [at] bayareanewsgroup.com
dbutler [at] mercurynews.com
letters [at] mercurynews.com

corrections [at] mercurynews.com
The SJ Mercury Corrections and Newsroom
(408) 920-5446

===============================

Agency in charge of the investigation
CHP Public Information Officer, Todd Thibodeau
(408) 467-5400
2020 Junction Avenue
San Jose 95131-2187

California Attorney General, oversees the CHP
http://ag.ca.gov/
(916) 322-3360


===============================

Officer driving the vehicle striking the cyclists:
Santa Clara County Sheriff's office
55 West Younger Ave
San Jose, CA 95110
408-808-4900

SC Co. Sheriff Public Information Officer
Sgt. Dalia Rodriguez #1647
pager (408) 280-8886

Website for Press Releases SC Co. Sheriff's Dept.
URL http://tinyurl.com/yv6ew3


==========================

Portland police refuse to ticket drivers who kill/injure cyclists
http://tinyurl.com/39lr7k
http://tinyurl.com/2khf4t

=================