You are hereAustin Police Department STILL isn't ticketing for hit-and-run violence against cyclists...
Austin Police Department STILL isn't ticketing for hit-and-run violence against cyclists...
I heard back from one of the people clipped by that red Toyota last night during the Full Moon Cruise. Check this out folks:
...I was one of the people clipped tonight by the red Toyota Paseo and wanted to pass along the case number to anyone else that might have been affected by that idiot. The APD case number is 09-1890218 and officer B. Munez (sp?) badge# 4981 was the main guy taking down info.
Myself and two others stopped and gave statements and one of the guys has video, as well. The driver was given a field sobriety test and by the looks of it, he passed. From what the officers said, he could not be arrested for vehicular assault unless an officer witnessed it or if there was serious injury present. Luckily, none of us sustained any injuries... but it was pretty damn scary and could have been really bad...
Luckly no one was seriously injured but the driver still committed vehicular assault, regardless of the severity of the injuries. The fact that he wasn't arrested or even ticketed with numerous witnesses present is appalling, and shows that the lip service paid to the cycling community by our Police Chief last January was exactly that. He'd told us that if we had witnesses that the officers on-scene "should" write a ticket, and that it was up to the DA to sort it out from there. Thanks for the encouraging words, Chief, but until they're backed up by actions I have a hard time believing your sincerity.
Thankfully this incident was recorded (and on video nonetheless), so it can be followed up on and maybe we can find out why the cops at the scene didn't ticket or arrest this violent criminal. Hell, the fact that he ran from the scene should be enough to warrant a ride, shouldn't it? I'm so glad no one was hurt, but that's no excuse to let this incident slide. I really want to believe in the goodness of the local law enforcement community, I REALLY do, but this doesn't score them any points.
Recently when my son was hit in the head by a rock, EMS came to make sure he was OK. We ended up declining the ambulance ride to the hospital and took him in our car instead. Just to have them come out cost us over $300. I don't know who's getting the bill for checking on the cyclists who were hit, but I'd say you have over $200 in cost right there.
Elliott from Austin On Two Wheels
we need to do something about this. march on city hall anyone?
who has the video? we should take it to kxan or the austin american statesman
there is no way the cops had time to give him a field sobriety test before we caught up to them - i would like to see the video of this test b/c i just don't believe it happened. AND just b/c someone doesn't get hurt doesn't mean a collision didn't take place. the guy accelerated into a pack of cyclists, hitting at least one and then drove off. that is a hit and run by vehicular standards and if they are going to ticket us like vehicles running red lights then they need to also give us the same protections when involved in collisions.
what about the city council guy on the ride? how does he feel about this?
They did give him a field sobriety test. The officers watched parts of the video. I am not for sure if he got a ticket. But me and one other guy got a case number. If anyone else got hit by this man you MIGHT have to come to court??? if charges are pressed. The more witnesses the better. Thank you Bob who recorded the video and I forgot the other guys name but thank you for helping us find the street.
i couldn't help but call apd and inquire about what was reported. i just talked to the detective and learned that the driver was in fact pulled over a few blocks away and given a field sobriety test and released but not before being given a citation for fleeing the scene. at this point in time he has not been charged with anything else because the 2 guys hit by the car reported no injury and no damages totalling $200+. the detective said they will be contacting the 2 guys involved in the next few days to follow up and that it is NOT uncommon for injury and damages to be recorded at a later date which would be sufficient for upgrading charges to vehicular assault. so... 2 guys... whoever you are... or if someone knows them... you've got probably one more day to get your bike checked out and figure out if you sustained any injury... if so, this guy can be charged with assault and a warrant will be issued for his arrest. it only has to be $200+ or any sort of injury.
ps - the detective was super nice - jeminez i think it was.