BIKEPGH MESSAGE BOARD ARCHIVE

ugh..

A few people asked if it was me, it wasn't. My thoughts go out to this guy, and I hope the piece of trash who ran gets caught.

What are the odds the driver is from Monroeville or Plum?

What are the odds that, if caught, the Police don't file charges because, "there is nothing they can do"?

now it's a homicide.

I heard last night that someone ID'd a partial license plate number, but I'm checking the news websites and I cant find it to post.

This really sucks. Any word on who the victim is?

From KDKA----

A bicyclist was hit by a truck shortly before 2 p.m. at the intersection of Meyran Avenue and Louisa Street.

The victim, described as an Asian male in his 20's, was transported to UPMC Presbyterian Hospital where he later died..

He suffered severe head injuries.

The driver is described as a white man in his late 40's or early 50's. He had gray hair and was wearing a Steelers t-shirt.

He was driving a white Ford F-150 or F-250 pickup truck.

I'm sorry to report that the victim died this morning.

I saw that someone got a cell phone video of the accident or at least the aftermath.

My thoughts go out to the cyclists family.

Is it any wonder that this is on the front page of all the news websites: P-G, Trib, WPXI, KDKA, WTAE, but the Trib is the only one that doesn't mention the investigation or the description of the driver?

Oh no! I just saw this in the PG. My condolences to Mr. Lin's friends and family.

http://kdka.com/local/Oakland.hit.run.2.1113008.html

http://www.post-gazette.com/pg/09216/988465-100.stm

http://www.wpxi.com/news/20267369/detail.html

Keep an eye out for this white Ford pick-up. Driver left the scene. If he was there in that area of Oakland, he'll be there again. He needs to be taken off the street.

Partial plate Pennsylvania plate YGH

I hope the police accually do their jobs and find this driver.

The news reported that the man on the bicycle rode off the sidewalk and into the path of the truck...

How does the law treat that situation, when it's my understanding that a bicyclist (according to PA law) is not a pedestrian, but falls under the motor vehicle code?

Obviously, the motorist was not in full control of his car, but might this situation (in a court of law) be viewed as mutual culpability?

It seems that the motorist was heard saying "oh my god, what have I done". Just speculation, but it sounds almost like the motorist maybe ran the stop sign or something and that was his moment of realization. I am not saying the cyclists was not at fault or blameless.

What is definitely the motorists fault is fleeing the scene.

A witness captured cell phone video of the driver getting into the truck and leaving the scene. The video showed the man dressed in black. Witnesses said he wore a Pittsburgh Steelers jersey.

I imagine that if a bunch of dudes on a messageboard

can find a stolen bike, this should be pretty simple for the police.

from PG: "...the driver, believed to be in his late 40s or early 50s, apparently got out and looked over the victim"

So this guy stopped, got out, saw he maimed someone, got back in and drove off?

My concern is making sure this receives appropriate investigation and follow-up. Is there a way that we as the cycling community can support that? Or perhaps keep tabs on the process?

I fear it will swept under the rug as "just another one of those crazy Oakland cyclists, you know how they weave in and out of traffic, and why wasn't he wearing a helmet, anyway?"

A man was killed, and the driver fled the scene. Surely the police will take this seriously. (I hope.)

It's actually a "vehicle code", not just a motor vehicle code. Pedantic yes, but that's the way laws are. Horses and pedestrians also fall under the vehicle code.

In Pittsburgh, bicycles are legally permitted to use sidewalks anywhere outside of a "business district", unless there is a specific prohibition. Nobody seems to know what a "business district" is, but Meyran and Louisa certainly isn't one.

The fact that we know that sidewalk riding is far more dangerous than riding in the street, and so we strongly recommend against it, does not create a legal liability on the part of the cyclist.

If the cyclist was riding against traffic on the sidewalk, then when the motorist looked for conflicting traffic he didn't see anyone stopped at the stop signs, and just drove on ahead, while the cyclist would seem to have "shot out of nowhere". Whether that would make the motorist less culpable would probably depend on what the charges were.

Am I blaming the victim? No, Yes, Who cares! The guy's dead, that's more than blame enough.

Don't ride on sidewalks.

Don't ride against traffic on sidewalks:

The greatest risk found in this study is for bicyclists over 18 traveling against traffic on the sidewalk. Each of these three characteristics is hazardous in itself; combined, they present 5.3 times the average risk.

Read this paper, and you'll see why I'm so concerned about the treatment of the trail/road intersections that we're building.

According to the news, police expect to identify the driver by today. They had thought they had found the driver on Penn Avenue at about 4 pm but were mistaken. I'm confident they're taking this very seriously. The thing I'm wondering, and we'll never know the answer, is if perhaps the motorist fled because he was DUI. Fatal DUI usually gets treated more harshly than fatal hit-and-run.

do not mean to hijack the thread - but there are some good points being presented.

having occassionally ridden on the rail-trails (et.al.), and mainly being a "road" cyclist I am constantly abhorred at the dangerous situations the road-trail intersections. it's no wonder there aren't 10 car-bike collisions every day! Especially, as more of the trail riders are equipped with better (read=faster) bikes than the average trail variant and the trails themselves become better paved, making them faster to ride on. ...one could easily come blaring through an intersection where a road crosses.

Willie, I think that is another topic.

The number of people who contacted me yesterday to make sure it wasn't me makes me realize how close to home this hits.

At this point, with a life gone, I don't think we should place blame on anyone. None of us were there. I think if anything should come out of this, it should be knowledge to better understand what happened, and how we can prevent it.

I am working on ghost bike plans. I am thinking we can have a ceremonial locking later this week.

Oh man. Thinking of the Lin family...

Fortunately it seems like there's enough media attention that the cops have to give it some effort.

Fatal DUI usually gets treated more harshly than fatal hit-and-run.

If true, that is not good. Kind of an invitation to run.

Mick

ndromb: I think if anything should come out of this, it should be knowledge to better understand what happened, and how we can prevent it.

+10

http://www.thepittsburghchannel.com/news/20267128/detail.html

Prevention? I can't think of anything short of truly draconian penalties. For example, "Any vehicle involved in a collision with a person or another vehicle will be confiscated, regardless of fault or outcome" might be severe enough to discourage a good percentage of idiocy. But then you have to worry about the occasional unjust confiscation...

IANAL, but to the best of my knowledge:

fatal hit-and-run is a 3d degree felony in PA, minimum sentence one year and $2500.

fatal dui minimum sentence is three years, maximum ten.

Prevention? Don't ride against traffic. Don't ride on sidewalks. Don't ride against traffic on sidewalks. Wear a (proper) helmet.

I have seen wrong-way cycling almost disappear in my lifetime, with the notable exception of what appear to be Chinese restaurant deliveries, though most of those I've seen in NYC. I suspect that wherever they're from, they were taught to ride facing traffic, just like many of our parents and grandparents were. I tried to ask one, once, but couldn't get past the language barrier. Do you suppose it would be helpful to distribute one-page flyers to the restaurants?

people will ride where they feel the most comfortable and safe. not everyone has studied crash statistics, nor should they. people ride on the sidewalk because they don't feel safe on the road. if the road was designed with safety for cyclists in mind, you will find less people using the sidewalk.

When I was in Copenhagen, I learned that a driver who collides with a cyclist is legally automatically at fault, no matter what the circumstance.

I just looked this up online to confirm and found this:

"In Amsterdam and many cities where cycling is common, drivers are taught that a cyclist comes first, both practically and legally. In Holland and most Scandinavian countries, if a driver hits a cyclist, the driver is at fault. Period. The European Union is now working to make this a standard policy in its member countries."

http://www.ohiobike.org/alexmarshall.html

Not a legal document but it's probably true. He goes on to write: "The result is a different attitude. "The cars look out for the bicycles, the bicyclists look out for the cars and everyone looks out for the pedestrians" is how one Amsterdam mother described it to me."

So, yes, there is something more that could be done to encourage safety for cyclists in Pittsburgh beyond having safe bike lanes everywhere (like Munich). And not exactly draconian, right?!

True change has to be cultural and it takes many concrete small steps to get there.

As for one-way riding, I don't see why a cyclist shouldn't be allowed to ride the "wrong way" down a one-way street (unless it's a busy street). We don't take up space and if it's predictable (i.e. legal), it should be safe.

The amazing German green city Freiburg-im-Breisgau has markers (like a sharrow) on one-way residential streets indicating that cyclists are exempt. In the UK, they call this "cycle contraflow" -- they've been changing the law to allow it there too.

Saw the posting of the news article... Horrible to hear. Reading the comments on WPXI's website reminded me of the same ignorance around where I bike in Philly. Sadly we have more of these horrible stories out our way, yet everyone is sickening.

I say, if you are not on the trail, follow the law of the road, plut be extra on guard for yourself. Bike defensively, as though all drivers are ignorant. (If they are not, then all is well!)

(Thread hijack in process)

I like the idea of allowing cyclists to ride the wrong way down one way streets, but during my 20 minute commute I saw three different things that made me re-think giving cyclists more leeway with the vehicle code:

1. Cyclist, with daughter in tow on a Trail-a-Bike running multiple red lights, at times forcing traffic with the right of way to stop (including almost hitting a pedestrian)

2. Cyclist running a red light and nearly t-boning me

3. Cyclist hopping on and off the sidewalk without ever looking over his shoulder. As I passed (while he was on the sidewalk), I noticed he was riding one handed the whole time since he was drinking his coffee.

I'm sorry, but in every case above, the cyclist was breaking the law, and the automatic it-was-the-driver's-fault law would protect cyclist who don't really care about making the streets safer.

Run a red light and bad things happen. This was from Milwaukee, just yesterday:

Teen on bicycle critically injured in accident

By Ryan Haggerty of the Journal Sentinel

Posted: Aug. 4, 2009 6:50 a.m.

A 13-year-old boy suffered massive head and chest trauma when he was struck by two vehicles while riding his bicycle on Milwaukee's south side Monday night, police said.

The boy is in critical condition at Children's Hospital of Wisconsin, police said.

According to the information from a police supervisor:

The boy, who was riding on S. Chavez Drive and crossed W. Greenfield Ave. against a red light, was hit about 11 p.m. by a sport utility vehicle traveling east on Greenfield.

The collision knocked the boy into the westbound lanes, where he was struck by a pickup truck.

Both drivers had a green light, police said.

The pickup truck's driver has a revoked license and was arrested.

When I wrote about "wrong-way" riding, I meant riding on the left side of the road as opposed to riding on the right.

Turning one-way streets into two-way streets which only permit bicycles in one direction is little different from providing a contra-flow bus lane such as on 5th or Smithfield. I'm all in favor of doing that, with the caveat that people do seem to turn in front of those busses at an alarming rate.

erok: not everyone has studied crash statistics, nor should they

no argument from me on that point, but I go farther. If you have studied crash statistics, and if you do know that people do things that are deceptively dangerous, don't you have a moral obligation to warn them?

If my country cousin wants to take a shortcut through Boston Common at midnight because she doesn't feel safe on the street, but feels safer surrounded by trees and flowers, would I let her? Of course not. I say "let's stay out here where there are more streetlights than junkies". No, I don't require that she study four years of criminology, and I don't petition the city to install brighter streetlights throughout the park five years from now. What I do, is provide her with the knowledge to protect herself right now.

And if I say "oh, the Common is only dangerous because there aren't many walkers there, and if there were more walkers there it would be safe, so I'll just let my friend put herself unknowingly at risk because it advances my politics", that's... well, I don't have a good word for it. It's beyond selfish.

If I educate her, and she chooses to take that risk for her own reasons, that's her business. But I haven't got the right to make a martyr of her for my own purposes.

So if I wouldn't do this to my friend, how could I do it to a stranger?

I think if we want to get off topic, we should look at the picture. We need to think about education in general--biker and driver.

How can we reach out to the less experienced and less educated(no matter how many wheels)?

by understanding their perspectives instead of trying to project ours

Also, emphasizing that a helmet really could save your life. I'm amazed at the number of people who DON'T ride with helmets on.

edit:Ok, so I just realized that this sounds kind of crass, even though I didn't intend it that way. It just frustrates me that this gentleman, despite the driver's problems, might still have been alive had he had a helmet on. While we can't speculate, I just wish more cyclists wore helmets because it just makes sense.

you can't reach everybody all the time. that's why better designed streets help.

You are right Erok.

The loss of a life is a very serious thing. We still don't know definitively what happened, so I think we should hold back on anything related to cyclist error until we know.

EDIT: I am speaking of this individual incident. Lyle brought to my attention that this above statement seems like I am saying we shouldn't talk about cyclist error in general.

What I meant was: There are people posting like they definitively know what happened. As far as I know, none of that has been released. Therefore, I feel like putting that blame on this man is unfair, insensitive.

I will tell you something else obviously this clown who already ran a stop sign allegedly...and ran from the scene for sure...has had a full day to turn himself in and has not done so....pretty disgusting behavior all around...people at the scene described him as "sneaky"....I hope they find him.

you can't reach everybody all the time. that's why better designed streets help.

As does setting a good example when you're on a bike.

I agree with ndromb -- anything I have said here about sidewalk riding or wrong way riding was only meant in general. Unfortunately, my experience with news reports is that they're usually as accurate as they're not, and we may never know what really happened.

And +1 to bjanszek: culture is behavior learned from others. You can't reach everyone all the time directly, but if you can reach enough people to change the culture, you can effect lasting change. It's been happening: wrong-way riding is almost nonexistent. Sidewalk riding by adults is diminishing by comparison to riding on the roads. Helmet wearing is far more common than ten or fifteen years ago. I scarcely ever see left turns from the right side of the road.

Taillight use is... present.

You can't reach everybody all the time, but you can reach some of the people some of the time.

agreed.

As awful as this incident is, it seems like a good opportunity to improve driver-cyclist relations. It was probably my imagination, but I felt like drivers were treating me with more courtesy while I was riding this evening.

Now after the gym shooting this evening I'm afraid this cyclist's death is going to be forgotten.

Information on the Ghost Bike Lock-Up/ Memorial :

http://www.facebook.com/event.php?eid=116828627605

i can't believe they haven't found this guy yet.

It takes a lot of time to plug "YGH", "Ford F-*" and "white" into a database. Everyone who has a car pays a bunch of money for a few stickers and a mountain of paperwork every year with all of this information on it. How many white, extended bed, late model Ford F- with a partial license plate of YGH could there be?

If it really had green plates, it's not a PA registration. That has to complicate things. Also, the odds that the plate really said YGH aren't that great -- eyewitnesses are notoriously unreliable.

I wouldn't expect to see a truck matching this description on the road ever again.

i was sent this link:

http://pittsburgh.craigslist.org/rnr/1304056219.html

and then this:

http://www.wpxi.com/news/20267369/detail.html

i don't know what the legal precedent but hopefully it will help identify the individual driving the truck.

True eyewitness testimony can be notoriously bad....I've read many times about various FBI investigations where info is remembered incorrectly.Hoping one of the persons on the scene can get together an artist sketch...they saw the guy face to face ...at least breifly...that might help since the phone vid seems pretty sketchy looking.

I the guy's registration is out of state, then there is a chance the guy himself is - right at this minute - out of state, lying low, not coming near Pittsburgh, nor to the residence where the truck is registered.

I would like to see the guy caught.

On the other hand, there really isn't any information as to whether it really is the guys fault. Did he stop at the stop sign? Did the bicyclist pop out of the sidewalk - which is always hidden by parked cars - on the other side of the intersection from where the F-150/250 stopped?

What if he had a drink (or maybe even two) at lunch? He might have been driving carefully, then had this incident. Which would be large jail time - even if his driving was OK.

It's unlikely that this guy is the craig list guy. There are a lot of F-150's/250's around.

I know, I've been checking license plates and front ends whenever I see a white Ford truck. I imagine most of us are.

I not justifying what the guy did. I'm just saying that I could understand how someone might want to make a good run after something like this happens.

Mick

Green plates? Didn't hear about this before. Vermont and Colorado are the only 2 states I know of with green plates.

I think some Florida, Wyoming, and Missouri plates could appear green.

the point is it's illegal to leave the scene of the crime. if he had nothing to worry about, why'd he leave?

I don't think people are outraged that the accident happened in the first place - accidents do happen, and from all accounts it sounds like this is one of those times. It's the fact he left the scene. Definitely guilty of hit and run, no matter what the circumstances of the rider being hit.

I don't care if the cyclist rode full speed right into his truck... His crime was leaving the scene.

Insane...

I did not know about this until I read this post.

FYI... I had a car get stolen and the cops found it an an alleyway behind a house who's address matched the driver's license of the person who brought my DJ equipment that was in the back seat to the pawn shop to sell it.

The cops told me they could not find the person who stole my car after all of this... After finding the car behind the house with the same address of the photocopied PA state issued ID of the person who brought my stolen equipment to the pawn shop.

I know a murder case is more important, but they can't find this guy.... REALLY????

i cant recall if the penndot traffic cameras are recorded or not. I don't believe so.

If they are, then the popo could follow this guy along most major highways in the state.

I can imagine a situation where the driver might not be at fault, but might still not want to stick around:

1. immigration status

2. outstanding arrest warrant

3. revoked/suspended license

4. DUI

5. called off sick from work

[edit: bradq, I'm pretty worked up that this happened at all. I don't share the opinion that "accidents happen, and this is just one of those times". This was an avoidable fatality, not an act of gods.]

There actually is a predominantly green Pennsylvania license. It's a "special fund" license plate, like the Wild Resources Otter plate that you see a lot. It's the Pennsylvania Zoological Council license plate, first issued in April 1996. Proceeds from this plate benefit the Pennsylvania Zoological Council's five member zoos: the Philadelphia Zoo, the Pittsburgh Zoo, the Erie Zoo, the Elmwood Park Zoo in Norristown, the National Aviary in Pittsburgh and the Lehigh Valley Zoo. The upper left 2/3 of the plate is green, with an orange reclining tiger along hte bottom and aligned along the right edge. The writing is white. You can see it at http://www.dmv.state.pa.us/license_plates/special_fund.shtml

I think the Special Fund plates start with "PZ" or something....the "YGH" letters are more indicative of our massively ugly yellow/white/blue ones (but I digress).

Good point, Willie! I hadn't thought it through that far...... The green zoo tags could not start with YGH!

Just got this!!!!!! More details to follow I'm sure.

"Pittsburgh Police confirm arrest made in fatal accident.

According to the Pittsburgh Police, an arrest has been made today in the accident

that sadly claimed the life of one of our own community members.

The Oakland BID wishes to extend our deepest condolences to the family and friends

of Rui Hui Lin, an employee at the Golden Palace Buffet and a homeowner in Oakland."

that's good to know.

Good. I hope he spends a long time in jail.

minimum if one year and $2500 fine for fatal hit and run...

hard to get details from anyone - but I did hear that the driver turned himself in.

over the wire...

http://www.post-gazette.com/pg/09217/988794-100.stm

Hmmm...I wonder if it was out of fear/hope of getting off with a lighter sentence, or genuine remorse? Probably never know...

those craigslist posts could lead to a premediated murder charge perhaps.

Only if we are talking about the same guy.....I have not seen anything to confirm that in fact it is the blogger?

He was not a blogger but a guy on Craigslist threatening cyclists who fit the description. There is no relationship confirmed at this point.

Reddan Hmmm...I wonder if it was out of fear/hope of getting off with a lighter sentence, or genuine remorse? Probably never know...

I find the bit about Hit-and-run being lower penalty than DUI quite disturbing.

It might be the guy felt he couldn't help anything by hanging around (other people had called for help) and could expose himself to risk harsher legal ramifications.

I'm guessing that penalties for hit-and-run where a person turns himself in are probably far lower than those where the guy is tracked down.

I would be quite surprised if this was the blogger. The fatality wasn't a road-rage incident. I'm still not convinced the blogger actually owns an F-150. "This is what my truck looks like if you want to trash it," is not a wise posting.

Mick

the P-G blurb says this:

The suspect's name has not been released, pending his arraignment on homicide charges, police said.

homicide just means somebody died. It's not the same as premeditated murder.

jus' saying. it means it's probably not just "hit and run"

I'm with Lyle.

Homicide is an umbrella term for a number of different offenses: murder, manslaughter, vehicular homicide, etc. So the fact that he's being "charged with homicide" could mean anything from premeditated murder to involuntary manslaughter.

no argument here. just saying that it's different than "hit and run" no more no less

Those Craigslist postings, regardless of the source, are incredibly disturbing.

Suspect identified as Timothy Kish, 51 of Forest Hills.

http://kdka.com/local/Oakland.hit.run.2.1116525.html

Kish has been charged with one count of accidents involving personal death or injury and was taken to the Allegheny County Jail.

that's a minimum one year and $2500, if convicted. then there's the civil suit from the family against him possibly.

Back to plates for a bit. Nearly every pickup truck in PA has a tag starting with "Y" and two more letters, as far as I can tell. That only leaves, oh, about 6,760,000 combinations for truck plates.

Yeah.. just remember.. when memorizing the plates of the vehicle that just hit you, the last digits are more important than the first.

the trib says: Kish said he stopped at the intersection. As he proceeded though, he looked up and saw Lin in front of him on his bicycle. Kish slammed on the brakes, heard a noise and saw Lin fall to the pavement.

aren't you supposed to "look up" before you proceed thru an intersection. i know we're not crime scene investigators here, but it seems fishy

I find it hard to believe a 2 ton or so pick up, could come to a complete stop, accelerate part way across the intersection in question and attain enough velocity to kill a cyclist, particularly when the driver claims to have slammed on his brakes.

yeah, i guess it's basically his word at this point, unless there are witnesses that actually saw what happened, but it doesn't seem so.

"one year and $2500"

Seriously? That's it, after leaving the scene and causing a death?!?!?

Yeah, sounds fishy. He couldn't have picked up that much velocity from a complete stop.

one year in prison + 7 years with a felony conviction + a life time to think about that is a long time.

Besides that, I dare anyone to put on a helmet, then let yourself fall sideways and not slam your helmeted head against the ground. You can't stop it.

And in my experience, everytime my head has gone up against the ground, the ground has won.

dude wouldn't have needed a helmet if he wasn't hit

Yeah I dont think the velocity of the truck needed to be that high.. It just needed to be enough to knock over the cyclist. Even a slow simple fall could have made him hit his head on the pavement.

The first time I was hit (by a cab), the vehicle was starting from a stop, and probably didn't move more than 5 feet before it hit me. It was enough to knock me over and taco my rear wheel.

yes, and a big ass truck has a few metric tons of mass which means it has a huge amount of inertia and therefore force to transfer to the tiny little cyclist even if they collide very slowly.

"Besides that, I dare anyone to put on a helmet, then let yourself fall sideways and not slam your helmeted head against the ground. You can't stop it."

As someone who falls off his bike on a regular basis, I've become quite adapt at preventing my head from hitting the ground. I still wear a helmet though.

And with that, I'll stop any further arm-chair engineer analysis related to this accident.

The piece of information that finally got me to use a helmet regularly was a discussion by a medical professional directed a a group of elementary school children. The meeting had been arranged after the THIRD child from that school district was killed in a cycling accident THAT ACADEMIC YEAR.

His demonstration was quite simple. He put a mannequin on a bicycle, put a honeydew melon where the head should be, then pushed the bike sideways. His intent was to mimic what would happen, at a dead stop, if you somehow fell sideways on your bike. The message was quite clear, and the melon split into several large chunks. Factor in speed, etc., the situation is even worse.

I don't often just fall over when stopped at a traffic signal, but the image of what could happen to my skull if I did was enough to make me put on the helmet -- and keep it on. I have been inadvertantly nudged by a fellow rider, hit an unexpected pothole at slow speeds, been surprised by a slippier than expected surface, and yes, squeezed out (and even nudged) by a car. Any of those "everyday" experiences are enough for me to POSSIBLY lose control of my bicycle. Apparently, any one of them is enough for me to suffer serious head injury as well.

I take enough risks in my life. Riding without a helmet is not one I have to take, so I opt not to.

new details on the hit & run - Kish fled the scene after medics had arrived.

http://www.wpxi.com/news/20267369/detail.html

Is this some sort of joke, A person can run someone down with their truck and is only looking at about a year in jail. Wouldent you figure just leaving the scene of a crime is enough to get you at least a year in prison.

I don't think "only" is an accurate modifier for "a year in prison."

When you come down to it, criminal behavior or not, this was an accident.

Mick

It may have been an accident, but all sympathy is lost when you flea, and then show up two days later with an attorney.

Obviously this guy shows little remorse.

You can't blame him for showing up with an attorney, would you trust the police to do the right thing in this situation? To me it sounds like ignorance and not malice.

I'm confused why someone would flee the scene if there was no criminal behavior.

Also, there needs to be a charge to hold a suspect, the DA could file more charges in the future. Perhaps we'll see a leaving the scene of an accident charge? I do wonder if the DA and the perp's lawyer came to an agreement on charges to get him to turn himself in.

I don't blame him for showing up with an attorney. I'd be more impressed by his genuine remorse if he hadn't done so, but that's asking a lot.

I am surprised there's no charge of leaving the scene, as that seems pretty open-and-shut, and DAs usually like to win cases.

The "accident involving death" charge could be harder to prove, as it allows the attorney to argue that the cyclist was at fault. Despite all the witnesses to "leaving the scene", it doesn't seem that there are any surviving witnesses to the accident itself.

I am perplexed.

If you violate § 3742. of the penna. vehicle code, then you're charged with "accident involving death."

"The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

There may be other charges with the investigation, but he broke this law first and foremost.

Sounds like "accident involving death" is really a "leaving the scene of the accident involving death" law.

So even if hitting the biker was a accident, leaving the guy for dead is not.

You can't blame him for showing up with an attorney, would you trust the police to do the right thing in this situation? To me it sounds like ignorance and not malice.

I can blame him for leaving a man on the road to die. It's not like he drove straight to the station, he waited two days.

I'd bet there might be alcohol involved...? Why dissappear for 2 days otherwise...besides being caught with this situation and alcohol would make it homocide.

it's definitely hard not to think that. it was 2 in the afternoon tho. but it doesn't take much

Preliminary hearing is today.

http://kdka.com/local/timothy.kish.hearing.2.1122946.html

postponed until October.

The preliminary hearing was scheduled to be Tuesday morning, but was postponed to Oct. 6 at 8 a.m.

Oops. My bad.

good. hopefully it's delayed because there's a case to build. not going to speculate on what they may need that extra time for.

Is this guy out on bail or what?

I did a google search for Kish AND bail, Kish AND bond, and came up with nothing. Kish and DUI also yielded nothing.

One article mentions that he is an Oakland landlord.

I'm guessing he is out on bond. One, he's a property owner and two, his lawyer isn't gonna let him languish in jail for two months before a preliminary hearing.

I'm guessing the seriousness of the case would depend partly on what kind of help Mr Lin was getting when Kish actually left. I think if the paramedics were already there, and if Kish has no history of DUI, he'll gat a plea bargain to something relatively mild.

I'm not familiar with court cases, though.

I suppose it's possible that Kish's Lawyer asked that the criminal case be delayed to allow Kish the opportunity to make a rapid, generous, and respectful out-of-court settlement with Lin's needy family - but maybe I'm being optimistic here.

Mick

today is kish's prelim according to wpxi: http://www.wpxi.com/news/21215363/detail.html

What does this mean? "Kish has been charged with one count of an accident involving a death, police said."

Did they mean charged with one count of leaving an accident involving a death? or is this some kind of different, lesser charge?

Edit: Never mind, I guess that is just what the law is called. See here for details.

I was scheduled for jury duty today, but was not needed...

Man, ndromb would have been a hell of a juror in this case...

A Jefferson Hills man today waived his right to a preliminary hearing on charges that he left the scene of a fatal accident in which a bicycle deliveryman was killed.

Read more: http://www.post-gazette.com/pg/09327/1015768-100.stm#ixzz0XiMajZRG

Can anyone explain what this means/why it is significant?

http://www.kopelaw.com/criminal.aspx

Has a good explanation. Basically at a preliminary hearing the state (or prosecuting authority) has to present evidence that a crime was committed and if there isn't any evidence the charge should be dismissed. An recent example of this is where some of the G-20 arrests were dismissed because the police/city/whoever, couldn't/didn't produce evidence of a crime; or at least enough of one to justify a trial.

In this case, the defendant through his lawyer agrees that there is enough evidence of a crime for a jury trial to take place, and so waives his right to a preliminary hearing. He'd end up going to trial anyway, so why bother with that extra step.

I'm not a lawyer though, so nothing here constitutes legal advice.

That makes sense. I did some light research via Google, but I still was unsure.