[CMI-CM] Bicyclist Killed By Teen Downloading Ringtones

[A.L. Ishii]

There are a couple of points about this case that need to be made:

(1) The most significant with respect to bicycling in Champaign 
County is that it has been stated by the mother of Matt Wilhelm 
during the sentencing (and the State's Attorney prosecutor, Julia 
Rietz, did not deny) that

"Julia Rietz said it would be hard to prosecute 'willful and wanton' 
(behavior) and the driver could have 'no reasonable expectation of a 
bike on the side of the road,' yet every single time we visited the 
accident site we saw bikers and joggers in the area. The driver took 
this path to and from work and had to see others out there. 
Disregarding the obvious is a total lack of responsibility."

(2)  Abominable drivers are being left free to drive on our 
roads.  In the case of Jennifer Stark, please examine the Circuit 
Court records http://www.cccircuitclerk.com/ under Public Access to 
Court Records (choose Traffic Division) and consider:

Drivers are supposed to lose their license after 2 or 3 tickets, 
depending on their age. By July 2006, Stark, age 19, had 3.  (Matt 
was killed in September.) Her last one was for 25-30 miles over the 
speed limit in Savoy, on Old Church, a road that many bicyclists 
use.  I suppose that if any of us were killed there, Rietz would 
excuse the driver because there is no reasonable expectation of 
seeing a bicyclist on that road?

I believe that it is CRITICAL that ALL drivers, local and state 
police, and the State's Attorney recognize that bicyclists are to be 
expected on any legally allowed road in Champaign County.

It is not the particular case of Jennifer Stark that is frightening, 
it is what her treatment represents--an apparently deeply entrenched 
mindset that the open road is now strictly for those in cars, and 
death to others is an unfortunate side effect of our American right 
to drive however we please.

At 08:42 PM 12/2/2006, Susan Jones wrote:
>Every May there is a national (international, maybe) Ride of Silence 
>dedicated to riders killed.  We had a very last-minute effort last 
>year, and also had severe weather, so half a dozen of us assembled 
>but didn't ride.   (It's got a website so a search engine should 
>find "ride of silence.")  We decided (couple of Prairie Cycle Club 
>folks) that we'd do it right in 2007, of course not realizing that 
>we'd have people  to dedicate the ride to (though Gordon Heino's 
>accident didn't include a car, as far as anybody knows).
>
>We could also do something in March, though.  It makes sense to keep 
>this problem in the public eye.
>
>
>On 12/1/06, Timothy P Freeman <<mailto:tfreema2 at uiuc.edu> 
>tfreema2 at uiuc.edu> wrote:
>Hello all critical massers---
>    In response to this news (which I find very disturbing that such 
> a light sentence would be imposed when this is clearly  an instance 
> of manslaughter) I am of the opinion that a ride should be planned 
> in honor of Wilhelm and in support of
>"Matt's Law."
>    I am not sure if a ride has already occurred; I have been told 
> that there was a candlelight vigil which I was not aware of. 
> Perhaps the next critical mass can be held in his honor or a 
> separate "special" ride can be planned. I envision signs and 
> pamphlets may also be utilized in further support of bike advocacy 
> and "Matt's Law."
>    This probably would be more successful if it is planned for a 
> post-winter month (possibly March) as there have been very few 
> riders showing up for the rides because of the cold weather.
>
>    Let me know your opinions and if this interests anyone. Also, if 
> someone could let me know how the last ride went I would appreciate 
> it. I know there was some talk of planned routes and I am wondering 
> if this was effective.
>    Also, in an effort to further discourage bike snobbery I insist 
> that a waving policy be instituted. If you see a fellow cyclist, wave!
>Keep 'em spinning despite the cold weather!
>
>
>----------T.Freeman
>one gear---one love
>
>
>
>---- Original message ----
> >Date: Fri, 01 Dec 2006 10:32:35 -0800
> >From: Jym Dyer <<mailto:jym at econet.org>jym at econet.org>
> >Subject: [CMI-CM] Bicyclist Killed By Teen Downloading Ringtones
> >To: 
> <mailto:critical-mass at lists.chambana.net>critical-mass at lists.chambana.net
> >
> >http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentence 
> d_for_bicyclists_death
> >
> >Woman is sentenced for bicyclist's death
> >       By Mary Schenk
> >The News-Gazette | Thursday, 30-Nov-2006 11:38 AM CST
> >
> >URBANA -- Jennifer Stark wiped away tears and nodded that she
> >understood the maximum sentence a Champaign County judge gave
> >her Wednesday for improper lane usage.
> >
> >The 25-year-old former Champaign resident, a University of
> >Illinois mechanical engineering graduate working for Caterpillar
> >in Peoria, died on Sept. 8 from head injuries he received
> >Sept. 2 when 19-year-old Jennifer Stark hit him with her car
> >because she was downloading ring tones to her cell phone instead
> >of paying attention to driving.
> >
> >Mr. Wilhelm was bicycling north on Illinois 130 east of Urbana when he
> >was struck from behind about 7:15 p.m. Stark was so far off the road
> >that she hit Mr. Wilhelm from behind with the driver's side of her car.
> >
> >[...]
> >
> >=v= The tear-inducing "maximum sentence" for killing a cyclist
> >is a $1000 fine and traffic school.  You can read all about how
> >persecuted the driver/killer feels on her MySpace page:
> >
> ><http://www.myspace.com/jenniebob18>http://www.myspace.com/jenniebob18
> >
> >=v= The late cyclist's parents want a better law.
> >    <_Jym_>
> >
> > 
> http://www.news-gazette.com/news/local/2006/11/30/wilhelms_push_legislators_for_distracted_driving_measure
> >
> >Wilhelms push legislators for distracted driving measure
> >       By Mary Schenk
> >The News-Gazette | Thursday, 30-Nov-2006 11:35 AM CST
> >
> >URBANA -- Gloria and Chuck Wilhelm spent the better part of
> >their day Tuesday in Springfield talking to representatives and
> >senators and their staffs.
> >
> >They want "Matt's Law" passed -- legislation that specifically
> >addresses the careless and negligent use of interactive
> >technology including, but not limited to, cell phones, e-mail
> >and iPods.
> >
> >[...]
> >