US Driver Deliberately Hits Then Runs Over Cyclist - Faces No Charges

[Jezston]

Full info from Reddit submission here:
http://www.reddit.com/r/bicycling/comments/i6pcr/my_friend_was_hit_from_behind_while_riding_her/

Last month, a dear friend of mine named Jan Morgan was hit while riding her bicycle training for an Ironman. It was a straight road (no turns or hills) and the sun could not have been in the driver's eyes. The car hit them from behind at full speed. At first glance you might think this was an accident. BUT Robbie Norton, the woman who hit Jan, got out of the car, looked at Jan, yelled at her for cycling in the road, got back in her car and ran Jan over again. There were multiple witnesses who stopped Robbie Norton by dragging her out of the car.

Below is the verbatim crash report given to her husband David Morgan:

THE CYCLIST WAS WEST BOUND ON MS50 NEAR THE TRULOVE LOOP INTERSECTION. V1 WAS WEST BOUND ON MS50 APPROACHING THE CYCLIST FROM THE REAR. THE FRONT OF V1 COLLIDED WITH THE REAR OF THE BICYCLE. THE IMPACT THREW THE CYCLIST INTO THE AIR BEFORE LANDING ON THE HOOD OF V1 AND ONTO THE WINDSHIELD. V1 CONTINUED FOR A FEW FEET BEFORE COMING TO A STOP. THE CYCLIST WAS THEN THROWN TO THE ASPHALT WHEN V1 STOPPED. THE DRIVER OF V1 EXITED THE VEHICLE AND OBSERVED THE CYCLIST WHILE TALKING ON THE PHONE. D1 THEN REENTERED HER VEHICLE AND RAN THE CYCLIST OVER AGAIN BEFORE BEING FORCED FROM HER VEHICLE BY WITNESSES. V1 CAME TO FINAL REST FACING WEST IN THE WEST BOUND LANE ON MS 50 JUST METERS WEST OF THE TRULOVE LOOP INTERSECTION. THE CYCLIST CAME TO FINAL REST NEAR THE RIGHT FRONT TIRE OF V1.

Here are applicable News Articles:

[1] http://www.cdispatch.com/news/article.asp?aid=11436

[2] http://www.cdispatch.com/news/article.asp?aid=11722

[3] http://www.cdispatch.com/news/article.asp?aid=11846

[4] http://www.clarionledger.com/apps/pbcs.dll/article?AID=2011106120335

[5] http://starkvilledailynews.com/node/5820

[6] http://starkvilledailynews.com/node/6137

[7] http://www.nems360.com/view/full_story/13465238/article-Struck-Starkville-cyclist-clings-to-life?

[8] http://www.nems360.com/view/full_story/13538342/article-Motorist-hit-cyclist-twice--report-says?

BLOG DEDICATED TO JAN

[9] http://getwelljan.blogspot.com/

Reddit, the problem is, we've just learned they do not intend on pressing charges. Reason? The District Attorney, Forrest Allgood, says there are no laws in Mississippi to protect cyclists from this.

Her husband David Morgan and son Sean Dyess would like national attention in an effort to call for cycling safety advocacy.

If you have any national media contacts please contact David or Sean using the following:

[10] David Morgan [11] https://www.facebook.com/profile.php?id=1088554856

and

[12] Sean Dyess [13] https://www.facebook.com/mrhooch

As promised, here are some pictures.

[14] Jan and David during a happier time, before the crash

[15] Jan two weeks after the crash

[16] Specialized S-Works Ruby, notice the broken top tube

[17] Shattered carbon seat stay

[18] I wonder what is growing in those bottles?

Reddit, the only thing Jan's husband David and son Sean are asking for is some national media attention. If you can help them get it, please do. They want to keep this from happening to someone else.

I have David and Sean's phone number. If you would prefer to contact them by phone, e-mail me at: [19] pleasehelpdavid@yahoo.com and I will give you their cell phone numbers.

PLEASE HELP THEM!

In summary, rider was hit by car at speed from behind by driver who was on the phone. Driver gets out, hurls abuse at cyclist, gets back in car and then runs her over.

The local District Attourneys office is saying they will not charge the driver with any crime, because there isn't a specific crime of running over a cyclist.

A whole lot of WTF here.

 

[LabRatt]

Wait - a charge of attempted murder is dependent on the exact circumstances of the attemt?

 

[MrHappyCyclist]

Wait - a charge of attempted murder is dependent on the exact circumstances of the attemt?

I did a bit of Googling and it seems there is currently a campaign to have "attempted murder" added as a new crime in Mississippi. That's right - it doesn't exist at the moment! It seems aggravated assault is the most serious charge that might apply n this case. The prosedcutor's conclusion is stupid, though.

 

[Bigsharn]

Unless I'm mistaken, aggravated assault, driving recklessly, vandalism (of the bike) and leaving the scene of a collision without exchanging insurance details are all against the law.

I think a retrial is in order.

 

[Jezston]

There hasn't been a trial.

The problem is the prosecutor is unwilling to even charge her with anything so it might not even go to trial.

 

[Noodley]

Leave it the the yanks to sort out.

 

[Zoiders]

I would be more worried if the multi million dollar law suit fails.

Say nothing to prejudice that.

 

[downfader]

I did a google on news articles as I wasnt sure if this was one of those internet situations where people make stuff up. It just sounded so unreal.

I now realise it IS real. Theres about 4 major stories on this in US news sources. Its pretty disgusting that the DA didnt even go for lesser charges and properly highlight the limitations of local laws.

 

[marzjennings]

Seems pretty standard response for the US. All I hear is that cycling is dangerous, cycling on the road is even more dangerous and cyclists take to the road knowing the dangers that exist. So when something happens all you hear is,"Well I told you it was dangerous."

Cell phone use while driving isn't illegal, so what happen here (in the minds of the majority of Americans) is that while someone was driving a car in a legal and normal manor a cyclist got in the way. Sheesh!!

 

[Zoiders]

Cell phone use while driving is an offence depending on what state you live in.

 

[downfader]

Cell phone use while driving is an offence depending on what state you live in.

This is what I think Cycleman2200 told me on youtube, yes.

 

[Zoiders]

This is what I think Cycleman2200 told me on youtube, yes.

That guy fills me with dread, I get a horrible feeling he will shoot some one.

Very angry guy.

 

[downfader]

That guy fills me with dread, I get a horrible feeling he will shoot some one.

Very angry guy.

Everyone has a breaking point. Some of the stuff thats happened to him has been pretty bad so I fully understand why he's ranted off. I would have done similar in that exact circumstance if a driver threatened to kill me for riding on the road (in fact one did on Tuesday, was actually very funny but completely unthreatening, though that was verbal, his was physical)

I've spoken to him a lot through Youtube and he's a really nice, down to earth fella. Knows his stuff about bikes. Knows his roads/routes.

 

[Zoiders]

Everyone has a breaking point. Some of the stuff thats happened to him has been pretty bad so I fully understand why he's ranted off. I would have done similar in that exact circumstance if a driver threatened to kill me for riding on the road (in fact one did on Tuesday, was actually very funny but completely unthreatening, though that was verbal, his was physical)

I've spoken to him a lot through Youtube and he's a really nice, down to earth fella. Knows his stuff about bikes. Knows his roads/routes.

No he is off his head, a ticking time bomb.

If you can't see it you have led a sheltered life.

 

[Riding in Circles]

I am trying to get my head around the fact that she has not been charged, it is bizarre.