Comment Re:yet if we did it (Score 4, Interesting) 463
quoting the report:
"a person s negligent if he does something that a reasonably careful person would not do in the same situation or fails to do somethign that a reasonably careful person would do in the asme situation".
...
"to establish the crime of vehicular manslaughter, the People would be required to prove that Wood's encroachment into the bicycle lane, nuder the circumstances, was negligent."...
"the fact that Wood did not apply his brakes or swerve to avoid the collision indicates that he did not see or notice Olin until the moment of impact."...
"Wood's entry of 'Yes I...' followed by '][\NOKKO' is also consisten with him utilizing his MDC at the time of collision"...
"Based on all of these circumstances, the People cannot prove beyond a reasonable doubt that Wood's momentary distraction in the perfomance of his duties constituted a failure to use reasonable care"
So... he was negligent, he was negligent, he was neglegent. But in summary, he wasn't negligent. Either that or texting while driving isn't negligent. Which I'm pretty sure has gone onto the books in most states by now. If he felt he had to respond immedidately to a message with obvious indications of serious urgency (such as keywords like "bro") he should have done like the same advice he would have given anyone else while ticketing them for texting while driving, "next time, pull over and do your texting from the shoulder".
I also found this particularly insulting in the latter part of the report:
"It is significant to note that the driver in the vehicle directly behind Wood's patrol vehicle, Andrwe McCown, also failed to see Olin in the bicycle lane prior to the collision"
Look back at the witness accouns and see "something equally significant that we aren't going to mention again":
Ashley McCown was the passenger in that vehicle. (the one following Woods patrol car) She stated that she noticed Olin in the bicycle lane prior to the collision"
Of course the driver of the following car didn't see Olin, he doesn't have xray vision to look through the patrol car, his passenger is in the correct place to see around into the right bicycle lane. It look s like the person writing that report was making a number of stretches trying to justify not pressing charges?
Someone with more time on their hands needs to type up and post that report online in searchable format. I can't help but wonder if they deliberately put it up in image format to meet their legal requirements without making it easily quoteable and searchable...