On Aug. 25, 2008 Greg Jennings was killed by a motorist while riding his bike home from work. For reasons that still aren't clear, Alan Bear, the motorist who killed Greg, crossed through the shoulder, and ended up on the grass off the road, striking Greg in the process. Bear repeatedly lied to officers about his passenger, what distracted him, and where he hit Greg. On Sept. 3 Bear was sentenced to one year in jail for misdemeanor manslaughter. At the sentencing, Bear delivered his final blow, blaming the victim for being on Highway 299 on a bicycle.
I can't imagine the pain, sorrow, and repeated frustration Greg's family and friends have been through. The Highway Patrol haphazardly investigated Bear's obvious lies, and as the case was going to trial the investigating officer changed his recommendation from a felony to misdemeanor offense. The District Attorney repeatedly switched staff during the case, resulting in poor follow through with witnesses and their investigation.
What can we learn from this tragedy? The investigating authority, media, and prosecutor often implicitly assign partial fault to the cyclist before they have the facts. Officers at the scene should collect and review all the evidence and witness statements before filing their report. The media should fairly report the facts without innuendo. Finally, the DA must prepare a complete and thorough case for prosecution. If there are holes in the report, they need to find the witnesses, collect more information, and do their best to get the whole story.
Scott Kelly
Humboldt Bay Bicycle Commuters Association
◼ Get the whole story
Showing posts with label Jennings/Bear. Show all posts
Showing posts with label Jennings/Bear. Show all posts
Monday, September 21, 2009
Friday, September 04, 2009
A one year sentence.
◼ Man sentenced to one year for bicyclist's death
Hoopa resident Alan Bear pleaded no contest Thursday to his involvement in the collision that killed a Blue Lake bicyclist last year and was sentenced to one year in jail.
More than two dozen family members and friends of 42-year-old victim Gregory Jennings came to court to witness Bear's sentencing. Bear received one year in county jail with three years probation upon his release.
Bear pleaded no contest to vehicular manslaughter without gross negligence, providing false information to a police officer and making an unsafe lane movement in connection with the collision that killed Jennings on Aug. 25, 2008....
...”I express my deepest apologies for what I've done ...,” he said. “It was a tragic accident.”
Bear began to choke up with emotion about halfway through his statement. He said Jennings' death has greatly impacted him.
”I don't sleep well at night and my whole life ... is messed up,” he said....
Five of Jennings' family members and one witness to the collision made statements to the court.
Gregory Jennings' stepmother, Terri Jennings, said she was in court in place of Jennings' mother, who was having surgery that day. Terri Jennings told the court that her stepson was someone people turned to for advice and who “cared about everyone.”
”He was loved beyond description and it's not an exaggeration that it's devastated our entire family,” she said.
Gregory Jennings was a Humboldt State University graduate who became a botanist and built a house that his father designed, Terri Jennings said.
Rebecca Perry told the court she was driving right behind Bear when he struck Jennings. She was with her two children, ages 10 and 7, and her husband at the time. Perry said her children have been traumatized by the experience.
”They have had trouble getting back on their bikes because of this incident ...,” she said. “When we look at the pictures of the first day of school, it brings back bad memories.”
Even when the family's vehicle passes by a bicyclist, the children panic, she said.
Hoopa resident Alan Bear pleaded no contest Thursday to his involvement in the collision that killed a Blue Lake bicyclist last year and was sentenced to one year in jail.
More than two dozen family members and friends of 42-year-old victim Gregory Jennings came to court to witness Bear's sentencing. Bear received one year in county jail with three years probation upon his release.
Bear pleaded no contest to vehicular manslaughter without gross negligence, providing false information to a police officer and making an unsafe lane movement in connection with the collision that killed Jennings on Aug. 25, 2008....
...”I express my deepest apologies for what I've done ...,” he said. “It was a tragic accident.”
Bear began to choke up with emotion about halfway through his statement. He said Jennings' death has greatly impacted him.
”I don't sleep well at night and my whole life ... is messed up,” he said....
Five of Jennings' family members and one witness to the collision made statements to the court.
Gregory Jennings' stepmother, Terri Jennings, said she was in court in place of Jennings' mother, who was having surgery that day. Terri Jennings told the court that her stepson was someone people turned to for advice and who “cared about everyone.”
”He was loved beyond description and it's not an exaggeration that it's devastated our entire family,” she said.
Gregory Jennings was a Humboldt State University graduate who became a botanist and built a house that his father designed, Terri Jennings said.
Rebecca Perry told the court she was driving right behind Bear when he struck Jennings. She was with her two children, ages 10 and 7, and her husband at the time. Perry said her children have been traumatized by the experience.
”They have had trouble getting back on their bikes because of this incident ...,” she said. “When we look at the pictures of the first day of school, it brings back bad memories.”
Even when the family's vehicle passes by a bicyclist, the children panic, she said.
Friday, August 21, 2009
Guilty plea planned for Hoopa man in cyclist's death
◼ Guilty plea planned for Hoopa man in cyclist's death
A Hoopa man told the court Thursday that he wanted to plead guilty to the charges against him stemming from a collision that killed a bicyclist last summer -- but he'll have to wait two weeks.
Thursday was set as 27-year-old Alan Bear's pre-trial hearing. His defense attorney Manny Daskal told the court Bear intended to plead guilty. However, because an amended complaint had been filed the court required a second arraignment in two weeks. Bear will be able to plead guilty then.
Bear is accused of vehicular manslaughter without gross negligence, providing false information to a police officer and other traffic violations in connection with the collision that killed 42-year-old bicyclist and local botanist Gregory Jennings on Aug. 25, 2008, according to court documents.
Daskal said Bear was willing to plead guilty after Humboldt County District Attorney Paul Gallegos reduced the vehicle manslaughter charge from a felony to a misdemeanor on July 2.
”We always felt the case was overcharged,” he said.
Gallegos said the charge was reduced because the reporting officer revised his statement on the collision and it did not appear that Bear acted with gross negligence.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” Gallegos said at the preliminary hearing.
The collision that killed Jennings is a tragedy and the case had gone on long enough for the victim's family and friends, and for Bear, Daskal said.
”It's time to get it over with,” he said.
Bear's arraignment is scheduled for Sept. 3.
A Hoopa man told the court Thursday that he wanted to plead guilty to the charges against him stemming from a collision that killed a bicyclist last summer -- but he'll have to wait two weeks.
Thursday was set as 27-year-old Alan Bear's pre-trial hearing. His defense attorney Manny Daskal told the court Bear intended to plead guilty. However, because an amended complaint had been filed the court required a second arraignment in two weeks. Bear will be able to plead guilty then.
Bear is accused of vehicular manslaughter without gross negligence, providing false information to a police officer and other traffic violations in connection with the collision that killed 42-year-old bicyclist and local botanist Gregory Jennings on Aug. 25, 2008, according to court documents.
Daskal said Bear was willing to plead guilty after Humboldt County District Attorney Paul Gallegos reduced the vehicle manslaughter charge from a felony to a misdemeanor on July 2.
”We always felt the case was overcharged,” he said.
Gallegos said the charge was reduced because the reporting officer revised his statement on the collision and it did not appear that Bear acted with gross negligence.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” Gallegos said at the preliminary hearing.
The collision that killed Jennings is a tragedy and the case had gone on long enough for the victim's family and friends, and for Bear, Daskal said.
”It's time to get it over with,” he said.
Bear's arraignment is scheduled for Sept. 3.
Friday, July 03, 2009
Now a misdo
◼ Hoopa driver now faces misdemeanor charge
The Thursday preliminary hearing for a Hoopa man accused of hitting and killing a cyclist last summer saw his felony charge reduced to a misdemeanor.
After the fifth preliminary hearing for 27-year-old defendant Alan Bear, Humboldt County District Attorney Paul Gallegos asked the court to withdraw the charge of gross negligence in the matter.
A revised statement from the reporting officer was submitted to Gallegos, who then altered the charges.
”The facts didn't change ... but the officer's opinion changed,” Gallegos said after the hearing.
The death was tragic and “completely preventable” but the change in the officer's report was based on a reevaluation of the event, Gallegos said.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” he said.
Gross negligence, as defined in California statute, is an act done with such careless disregard for the safety of others' lives that it is likely to cause foreseeable injury.
Bear now faces charges of vehicular manslaughter without gross negligence, providing false information to a police officer and making an unsafe lane change that killed 42-year-old bicyclist and local botanist Gregory Jennings.
Local cyclists who attended the court session were unhappy with the decision.
Rick Knapp of the Humboldt Bay Bicycle Commuters Association said he was “very disappointed.”
”It's just hard to imagine that somebody is charged with normal negligence when he was completely off the shoulder (of the road),” Knapp said.
The large amount of space Bear drifted from the road should be considered a radical departure and thus gross negligence, Knapp said. With this reduction in charges, Knapp said cyclists seem to have the “same rights as a squirrel” on the road in Humboldt County.
The Thursday preliminary hearing for a Hoopa man accused of hitting and killing a cyclist last summer saw his felony charge reduced to a misdemeanor.
After the fifth preliminary hearing for 27-year-old defendant Alan Bear, Humboldt County District Attorney Paul Gallegos asked the court to withdraw the charge of gross negligence in the matter.
A revised statement from the reporting officer was submitted to Gallegos, who then altered the charges.
”The facts didn't change ... but the officer's opinion changed,” Gallegos said after the hearing.
The death was tragic and “completely preventable” but the change in the officer's report was based on a reevaluation of the event, Gallegos said.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” he said.
Gross negligence, as defined in California statute, is an act done with such careless disregard for the safety of others' lives that it is likely to cause foreseeable injury.
Bear now faces charges of vehicular manslaughter without gross negligence, providing false information to a police officer and making an unsafe lane change that killed 42-year-old bicyclist and local botanist Gregory Jennings.
Local cyclists who attended the court session were unhappy with the decision.
Rick Knapp of the Humboldt Bay Bicycle Commuters Association said he was “very disappointed.”
”It's just hard to imagine that somebody is charged with normal negligence when he was completely off the shoulder (of the road),” Knapp said.
The large amount of space Bear drifted from the road should be considered a radical departure and thus gross negligence, Knapp said. With this reduction in charges, Knapp said cyclists seem to have the “same rights as a squirrel” on the road in Humboldt County.
Thursday, June 11, 2009
Charges may be reduced
◼ Charges may change for Bear
A Wednesday preliminary hearing for a Hoopa driver who struck and killed a bicycle commuter in August 2008 was delayed as a result of new evidence, which District Attorney Paul Gallegos said may force prosecutors to reduce charges in the case.
Speaking after the hearing, Gallegos said as the investigation into the crash has continued to unfold, California Highway Patrol officers say it appears Alan Bear did not act with gross negligence when he struck and killed 42-year-old bicyclist and local botanist Gregory Jennings.
In the opinion of the CHP investigators “this is not gross negligence,” Gallegos said. “I have an obligation to turn that evidence over to the defense, and I have to reevaluate my case.”
Bear has been charged with vehicular manslaughter with gross negligence, providing false information to a police officer and making an unsafe lane change. But, Gallegos said those charges may be altered as a result of the new information.
It is not yet certain the charges will be amended, or exactly what charges Bear would face if they are, Gallegos said.
Gross negligence is one of three criteria prosecutors must prove in order to sustain a vehicular manslaughter charge. Those criteria are: proof the defendant was driving the vehicle, the suspect violated the law and that violation was committed with gross negligence.
Gross negligence, as defined in California statute, is an act done with such careless disregard for the safety of others' lives that it is likely to cause foreseeable injury.
A Wednesday preliminary hearing for a Hoopa driver who struck and killed a bicycle commuter in August 2008 was delayed as a result of new evidence, which District Attorney Paul Gallegos said may force prosecutors to reduce charges in the case.
Speaking after the hearing, Gallegos said as the investigation into the crash has continued to unfold, California Highway Patrol officers say it appears Alan Bear did not act with gross negligence when he struck and killed 42-year-old bicyclist and local botanist Gregory Jennings.
In the opinion of the CHP investigators “this is not gross negligence,” Gallegos said. “I have an obligation to turn that evidence over to the defense, and I have to reevaluate my case.”
Bear has been charged with vehicular manslaughter with gross negligence, providing false information to a police officer and making an unsafe lane change. But, Gallegos said those charges may be altered as a result of the new information.
It is not yet certain the charges will be amended, or exactly what charges Bear would face if they are, Gallegos said.
Gross negligence is one of three criteria prosecutors must prove in order to sustain a vehicular manslaughter charge. Those criteria are: proof the defendant was driving the vehicle, the suspect violated the law and that violation was committed with gross negligence.
Gross negligence, as defined in California statute, is an act done with such careless disregard for the safety of others' lives that it is likely to cause foreseeable injury.
Friday, January 09, 2009
Open Thread: Any info on the cyclist who was killed on 299 near Blue Lake a few months ago?
It happened at the end of August
☛TS Fatality on 299 near Blue Lake 8.26.08
☛TS Man killed in 299 crash identified 8.27.08
"The California Highway Patrol reported that the driver, Alan Bear, 27, of Hoopa, was driving his 2002 Nissan pickup truck eastbound on 299 when he allowed his car to drift to the right side of the road onto the paved shoulder, hitting (Gregory) Jennings.
Jennings was ejected from his bicycle and landed on the grass. He was pronounced dead at the scene.
Coroner Frank Jager said a witness who was driving down the road behind Bear saw the accident and said Jennings was wearing colorful clothing and was far off to the side of the road.
”This was a guy that was doing everything right,” Jager said of Jennings. Jager said Bear's car also had a female passenger who fled the scene after the accident for unknown reasons.
Bear was arrested and investigators are still determining whether drugs or alcohol were a contributing factor, the CHP report said.."
☛ TS Local bicyclist's death further spurs a call for change 8.31.08
☛ JN Ghost Bike (photo source) 12.4.08
☛ http://www.humbike.org/january2009nl1.htm
☛ humbike.org/
Open thread
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