Does anyone know who was killed on Gallaher Road this evening? I have heard the man in the truck was from Florida, but have not heard who was riding the bicycle. My thoughts and prayers go out to both families and all of the emergency workers who worked the scene.
Submitted by WhitesCreek on August 26, 2009 - 5:59am.
The story says the driver was not cited. This bothers me and I want to know more. Bicyclists usually have the same rights on the road as motor vehicles for the most part.
Submitted by WhitesCreek on August 26, 2009 - 6:50am.
Think about what you just wrote, RB. You don't prove people guilty and then charge them.
There should be a full explanation as to what happened and why the driver was not charged. That information should have been available at the scene from the investigating officer. Roane County is a huge cyclist route, and they deserve the protections of law that everyone else gets. This was during daylight and the cyclist appears to have been lawfully riding. I can think of any number of citations that could have been issued, up to and including vehicular homicide. Unless we see an accident report that specifically says why a death on our highways was not anyone's fault, I have to question proceedure here.
Submitted by Roane-Voter on August 26, 2009 - 7:02am.
No you don't PROVE people guilty and then charge them but you do need some evidence to support that they are guilty before you charge them. Simply because a charge hasn't been filed doesn't mean that one might not be or that cyclists are not being given the protections of the law that everyone else gets.
You weren't there so how can you possibly say that you can think of a number of citations that could have been issued. Perhaps there is an investigation going on and charges may be filed at a later date or perhaps the driver did nothing wrong or the cyclists did something wrong that contributed to the tragic accident. Why the rush to judge without all of the facts? Your own comment "the cyclists appears to have been lawfully riding" is based on what? The same story or stories that you claim don't fully explain why the driver of the truck wasn't charged? Let's let the investigation conclude before we start questioning procedures based on a news report that obviously isn't a complete account of the entire situation.
Submitted by ConcernedCitizen on August 26, 2009 - 7:05am.
"You don't prove people guilty and then charge them."
I understand how you feel and you are correct. Along that same line of thought, you don't charge people and then do an investigation. Especially in a case where someone has died. I doubt the investigation is over. Charges could still be pending.
Submitted by RoaneBooster on August 26, 2009 - 4:44pm.
... but we also don't charge people with violations unless we have witnessed the violation or have probable cause in the legal sense. Not placing a charge DOES carry weight. It means that someone trained to make that decision has made the decision that sufficient information is not present to justify a charge under the law. And we don't have to offer excuses and pleas every time a decision is made that there is no legal cause to place a charge.
If you have facts indicating cause for a legal charge, the Attorney General's door is open.
We don't start casting aspersions on people for exercising the discretion they are trained and paid to make. We do not require legal justification and explanation every time a legal charge is not made. To expect that is ludicrous.
Not liking the fact that a person dies in a very sad incident is not sufficient information to launch a guilt-casting campaign because a charge was not immediately placed. It is also true that charges can not always be placed immediately.
Assuming the LEO did something wrong is unjustified.
Submitted by RoaneBooster on August 26, 2009 - 7:28pm.
And (presumably) neither you nor I were there when it happened, nor were we called to the scene to make an investigation. Trained and qualified people were called to the scene. They made an investigation. To date they have charged no-one.
That does not mean they should automatically be under investigation because they didn't make a call we - as armchair quarterbacks - may want them to make. Nor do they deserve, based only on news reports of a swerve and no charges being made, to be subjected to some veiled or unveiled accusation of wrongdoing.
You are rather adamant about not making a judgement on the Houstons before all the facts are in. They are innocent.
But the cops just have to be guilty of SOMETHING wrong when we have no other information than a news report?
I don't think so.
If we must be rigidly unswerving about the innocence of the Houstons for murder, we must be just as rigidly unswerving in holding the cops (and that driver) innocent until and unless competent evidence to the contrary is submitted. There are dozens of reasons why a driver may swerve. And not near all of them involve some chargeable wrongdoing.
If you know more facts than the news report to show either the cops in error by not pressing charges, or show that the driver made some violation for which he should be arrested or cited, General Russell Johnson would be glad to hear from you for a presentment to the Grand Jury.
Can be cast or not cast according to an investigation. What is important is that we keep both families in our prayers. It is hard to imagine what they must be going through.
The story says the driver was not cited. This bothers me and I want to know more. Bicyclists usually have the same rights on the road as motor vehicles for the most part.
Link...
Once again, whayt were no citations issued? The driver swerved out of his lane and stuck a bicycler.
Link...
... do not know why the driver swerved.
This could not possibl guilt until proven innocent on the part of any progressive person could it?
RB
Think about what you just wrote, RB. You don't prove people guilty and then charge them.
There should be a full explanation as to what happened and why the driver was not charged. That information should have been available at the scene from the investigating officer. Roane County is a huge cyclist route, and they deserve the protections of law that everyone else gets. This was during daylight and the cyclist appears to have been lawfully riding. I can think of any number of citations that could have been issued, up to and including vehicular homicide. Unless we see an accident report that specifically says why a death on our highways was not anyone's fault, I have to question proceedure here.
No you don't PROVE people guilty and then charge them but you do need some evidence to support that they are guilty before you charge them. Simply because a charge hasn't been filed doesn't mean that one might not be or that cyclists are not being given the protections of the law that everyone else gets.
You weren't there so how can you possibly say that you can think of a number of citations that could have been issued. Perhaps there is an investigation going on and charges may be filed at a later date or perhaps the driver did nothing wrong or the cyclists did something wrong that contributed to the tragic accident. Why the rush to judge without all of the facts? Your own comment "the cyclists appears to have been lawfully riding" is based on what? The same story or stories that you claim don't fully explain why the driver of the truck wasn't charged? Let's let the investigation conclude before we start questioning procedures based on a news report that obviously isn't a complete account of the entire situation.
I understand how you feel and you are correct. Along that same line of thought, you don't charge people and then do an investigation. Especially in a case where someone has died. I doubt the investigation is over. Charges could still be pending.
... but we also don't charge people with violations unless we have witnessed the violation or have probable cause in the legal sense. Not placing a charge DOES carry weight. It means that someone trained to make that decision has made the decision that sufficient information is not present to justify a charge under the law. And we don't have to offer excuses and pleas every time a decision is made that there is no legal cause to place a charge.
If you have facts indicating cause for a legal charge, the Attorney General's door is open.
We don't start casting aspersions on people for exercising the discretion they are trained and paid to make. We do not require legal justification and explanation every time a legal charge is not made. To expect that is ludicrous.
Not liking the fact that a person dies in a very sad incident is not sufficient information to launch a guilt-casting campaign because a charge was not immediately placed. It is also true that charges can not always be placed immediately.
Assuming the LEO did something wrong is unjustified.
RB
The report is that the cyclist was in the bike lane and was run over from the rear by a vehicle that swerved out of its lane.
And (presumably) neither you nor I were there when it happened, nor were we called to the scene to make an investigation. Trained and qualified people were called to the scene. They made an investigation. To date they have charged no-one.
That does not mean they should automatically be under investigation because they didn't make a call we - as armchair quarterbacks - may want them to make. Nor do they deserve, based only on news reports of a swerve and no charges being made, to be subjected to some veiled or unveiled accusation of wrongdoing.
You are rather adamant about not making a judgement on the Houstons before all the facts are in. They are innocent.
But the cops just have to be guilty of SOMETHING wrong when we have no other information than a news report?
I don't think so.
If we must be rigidly unswerving about the innocence of the Houstons for murder, we must be just as rigidly unswerving in holding the cops (and that driver) innocent until and unless competent evidence to the contrary is submitted. There are dozens of reasons why a driver may swerve. And not near all of them involve some chargeable wrongdoing.
If you know more facts than the news report to show either the cops in error by not pressing charges, or show that the driver made some violation for which he should be arrested or cited, General Russell Johnson would be glad to hear from you for a presentment to the Grand Jury.
RB
Can be cast or not cast according to an investigation. What is important is that we keep both families in our prayers. It is hard to imagine what they must be going through.