Horror Story: Busycle Jeff's Cyclist Friend Dead - Motorist Exonerated

Head Busycle mechanic, Jeff Kistler, was good friends with 68 yo Teddy, the man who was killed last  December while crossing 101 in San Mateo on the Hillsdale overpass. They were friends because Teddy rode and he rode and he rode. Not fast but he rode. And it was Jeff who kept Teddy on the road.

And now Teddy is no more. While accidents do happen and people, all of us, do make mistakes, the fact that  Teddy paid for it with his life makes all of us, as cyclists, a lot less safe. The fact that his killer (because that's what you are when you cannot adequately control a several ton vehicle) walked away from all of this with not a price to pay means we must all rise up and demand justice be served here.

Can we let this public mindset persevere :

"(Charges were not brought against the killer because) it's unlikely that a jury would convict him given the facts of the accident."

I met Teddy once while Jeff was tuning his bike up for him. He was quiet. He was polite and very considerate of all those around him. A gentle man, he did not wear lycra or speed around on carbon fiber but his was a genuine love for the bicycle. Almost daily he rode from San Jose to San Mateo, up and down the peninsula, as a way to keep himself occupied. It was his therapy, his rereation and his life. 

This as he endured insults from motorists telling him to get off the road; that he moved too slow. Well now they don't have him to contend with any longer. And it looks like they have the sympathy of the  rest of the public...

So sad ........ :(

From: 2/19 Palo Alto Post <batn@yahoogroups.com>

Reply-To: <BATN-owner@yahoogroups.com>
Date: Fri, 19 Feb 2010 17:59:24 -0000
To: "BATN@yahoogroups.com" <BATN@yahoogroups.com>
Subject: [BATN] Caltrans SUV driver will not be charged in bicyclist's killing

Published Friday, February 19, 2010, by the Palo Alto Daily Post

No charges in bike fatal
Driver identified in mysterious trip

By David DeBolt
Daily Post Staff Writer

The Caltrans employee who struck and killed a Palo Alto bicyclist with a state-owned SUV on a state furlough day won't face vehicular manslaughter charges, a prosecutor said yesterday.

San Mateo County Deputy District Attorney Sean Gallagher decided not to charge Hamid Khorram, 53, in the death of 68-year-old Theodore Hintz, saying it's unlikely that a jury would convict him given the facts of the accident.

Gallagher's decision made Khorram's identity public for the first time. San Mateo police and Caltrans have kept his name a secret since the Dec. 18 crash and despite public records requests from the Post.

According to Gallagher, Khorram left his Los Prados Park home in San Mateo just after 6 a.m. the day of the crash. Khorram headed west on Hillsdale Boulevard as he headed to Highway 101.

Khorram drove in the far right lane on the Hillsdale overpass, alongside Hintze, who pedaled in the lane because the overpass lacks a sidewalk, authorities said. He struck Hintze at 6:15 a.m. between the northbound and southbound ramps, Gallagher said.

Gallagher said Hintze was reportedly wearing dark clothing and the taillight on his bicycle was not functioning, making him difficult to see.

Khorram was going 20-25 mph, according to Gallagher.

"It doesn't appear he was in a rush," he said.

Took state vehicle home

Khorram, who is listed as a senior transportation engineer on his linkedin.com page, stored the state-owned SUV at his home overnight, Gallagher said. Some employees are allowed to take a vehicle at home, as long as it is kept inside a garage.

What's still unclear is where Khorram was headed. Caltrans had a statewide furlough day the day of the crash, meaning most workers stayed home. Some employees are exempt from furlough days, though Caltrans spokeswoman Heide Carle has refused to provide the Post with the names of employees who showed up for work that day.

Gallagher, the prosecutor, said the police report didn't mention Khorram's destination. Gallagher said he didn't know why it wasn't included, but said it wouldn't have affected the investigation.

Lawsuit expected

Carle said Caltrans is withholding information about the accident because the agency is anticipating a possible lawsuit.

San Mateo County Coroner Robert Foucrault withheld Hintze's name for more than a month, as deputy coroners struggled to track down his family. Foucrault eventually released his name after medical records and items from Hintze's postal box provided no details.

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