Kill a Biker And???

by John Reblin

Summer is flying by with almost perfect weather and clear skies. If you’re not getting miles on your bike, well I am not sure why not. There are even some exciting things going on to join in on, like some bike nights and a few fun runs. Oh, and before I forget congratulations to Vicki Sanfelipo and her induction into the Motorcycle Hall of Fame in Sturgis. Congratulations also go out to Gary Klinker and Dave Dwyer for their induction into the MRF Freedom Fighter Hall of Fame. Vicki, I wish I could have made the ride to see you inducted, but work has made that difficult.

I have been busy getting to some events. The house and yard are closer to be in order and ready for the colder weather and well, ABATE of Wisconsin is keeping me on my toes. To keep a little sanity, I have also been blending in some running to lose a little weight, to keep the blood pressure under control, and to help me in my riding skills as far as strength and endurance go. I am also thinking that by doing this, I will increase my ability as I grow older, to continue riding at a higher level. It has been a slow journey to extend my range, some hits in my goals and some misses, but it also gives me a little time to myself to think on those early morning “runs”. And on many of these early morning excursions I think about crashes, and how to reduce them.

I also have been following up on some cases from last year that I felt should have had a few answers by now. The case that has me perplexed right now, and still not solved, is raising some red flags. When I can sit down with the Rock County Sheriff hopefully, we will come to a satisfactory conclusion.

Some information on the case is as follows. A rider, during the work week at about 4 pm, following an auto was entering an intersection slowing down. The person following the motorcycle was tired with his head nodding up and down. The driver does not believe he fell asleep, but the slowing auto and motorcycle were not noticed until the last second when he hit the motorcycle, pushing it into the front car, killing the motorcyclist. He did admit to drinking a couple of beers the night before and admits to pot use. The Sheriff Deputy did not notice any impairment. A release shortly after the crash, noted a citation for inattentive driving was issued. I contacted the department after reading this, questioning the citation, and was told that the release was a mistake and an investigation was under way.

I kept track of the case and a notice of the court date was never listed on CCAP. I reached out to the records department trying to get info on citations and whatever any other information they could give me. The woman was helpful and mentioned that no citation had been issued and nothing else was going on with the case. She suggested I contact the Sheriff. I did this and was told by his spokesperson that the DA did not see cause for a criminal charge, and I was told that a citation was issued. I responded asking what citation was issued because there is no record of it. Getting no response, I did an open records request and got the information I needed to research further. The thought by the Sheriff’s Department was to go for negligent vehicular homicide. Apparently for whatever reason, there was no blood or breath test done for impairment, so the DA suggested there was no proof of BAC or THC, therefore no evidence of proving a crime.

Now I am trying to find out why no citation has been written yet. The case is over a year old and the DA decided last December he was not going to be able to go further, so there probably won’t be anything done. The positive taken from this exercise is that the Sheriff’s Department and the District Attorney’s office realized that we are watching the case.

The reason I am writing about this particular case is because we need help from our regions on these types of cases. I cannot follow all of the crashes that I get information on. We need help from the regions to do some leg work and then follow up, going to the courtroom, talking with law enforcement and the attorneys to make sure that the cases go as we hope them to. I can help if needed or point you in a direction to continue, but we need your help to make sure cases like these get their due. Hopefully, with our region’s help we can avoid cases falling through the cracks, and others getting penalties that are more in line with the damage the offender has caused.

John