Deputy who drove into cyclists is demoted (two died, one badly injured)

[Kadie]

Deputy who drove into cyclists is demoted
Henry K. Lee, Chronicle Staff Writer

Friday, June 5, 2009

(06-05) 18:26 PDT CUPERTINO -- A Santa Clara County sheriff's deputy who struck and killed two bicyclists last year when his cruiser crossed the center line has been demoted to an unsworn, civilian position that bars him from driving a patrol car or carrying a gun, his attorney said today.

James Council, 28, is expected to be sentenced June 25 to four months in county jail after pleading guilty last month to two misdemeanor counts of vehicular manslaughter in the deaths of Matt Peterson, 29, of San Francisco and Kristy Gough, 30, of San Leandro.

Sheriff Laurie Smith made the decision to demote Council, said his attorney, Michael Rains. "Given the nature of the plea and what it involves, I think the demotion is fair," Rains said.

He said Council hopes to apply for a deputy's position at some point in the future.

The sheriff's office declined to comment on what it called a personnel matter.

snip...
The crash happened March 9, 2008, when Council's cruiser crossed the center line on Stevens Canyon Road in Cupertino and struck three cyclists. Peterson died at the scene, and Gough died a short time later at a hospital. The third bicyclist, Christopher Knapp of Germany, was badly injured but survived.

Witnesses later said there were no skid marks and that the deputy had reported falling asleep at the wheel.


more...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/06/05/BAK7181IQE.DTL&tsp=1

[EFerrari]

1. Oh, jesus.

My friend spent six months with the SCCS filming. He said it was months before he figured out that the reason they were "sick" all the time was coke.

This is horrible.

[paulsby]

2. many police agencies create this problem

(mine included) don't have policies about how many hours an officer can work in a 24 hr period or in a row.

this is dangerous, obviously. i have a friend (a cop) who crippled himself after falling asleep at the wheel.

he had worked a MANDATORY overtime shift and was on his 17th straight hour of work.

during WTO, i had to work 18 hr days several days in a row.

police unions fight restrictions because it decreases an individuals potential for pay.

agencies fight them because they "need" the overtime sluts because it is MUCH cheaper to pay a cop overtime than to sufficiently staff your agency.

due to ancillary costs, it's cheaper to pay an officer time and a half than to have the extra staffing (because of all the extra costs - vacation, sick, medical, training,e tc.)

sad, but true.

there is not an officer alive (or dead) myself included who has not worked shifts so tired they could barely see .

[Kadie]

4. Wow!

That is very sad. Thank you so much for sharing.

:hug:

[imdjh]

5. I was curious about apnea. I always am.

I fell asleep at the wheel once totally out of the blue. One minute I was driving along, and the next I was trying to get control of the vehicle. This was on an interstate and it was just good luck that there was a grass up bank and no other cars.

I suffered from apnea for years- undiagnosed. I had no idea why I couldn't sleep well. I was diagnosed four years ago by a FRIEND who had read about it on the internet. Doctors, some of whom had been my doctor during hospitalization, didn't diagnose it. No nurse ever said, "You know, you have sleep apnea." Of course I knew that I got tired, very tired, and it made driving difficult. But I managed that by a variety of techniques to prevent falling asleep. But that day on 95 was not one of those days. I felt fine and then "WHAM!" I woke up on the embankment, then back across four lanes and then back on the embankment and then finally got control.

Anyway, the thing I find interesting about this case is that he pled guilty. Surely if he was found to have sleep apnea he wouldn't have pled guilty. So I find it a bit odd.

What I find disturbing is that there are so many people who are willing to hang this guy with nothing more to decide on that what we have.

[cliffordu]

3. Ah....I don't have any cute snarks for this one...My wife and I ride bikes everywhere

and if some fucking barney fife killed her cause he needed a nap.....I dunno....

I hope I never get to find out how I'd react. I don't think I could be reasonable.

[Historic NY]

6. The standard was always 8 off in 24hrs.....

Falling asleep at the wheel is very common not just in police work. Many regulations covering the trucking industry should apply elsewhere.

[obliviously]

7. We have a problem

with people joy riding down the middle of the road with bicycles during heavy traffic. We have spent millions of dollars in my area to accommodate them with beautiful bicycle trails and roads from old train tracks but they continue to endanger themselves and others.

[question everything]

8. It is about time we start sending drivers to jail

for killing cyclists.

Yes, I know, there are many cyclists who weave in and out of traffic. Still, we are talking a ton of steel vs. flesh and blood. But certainly when the cyclists were obeying the law, riding in the bike lane or simply sharing the road.