Previous  1 ... 7  8  9  10  11  12  13 ... 19  Next

I think the misunderstanding here is this whole thing from start to finish played out over just a few seconds. It's not like Bryant drove to Montreal with this guy on the side, the car travelled one short downtown city block with Sheppard hanging on, from Bay/Bloor to Avenue/Bloor, just 100 metres.

That's not enough time to make a phone call, roll up your windows or put up your convertible roof. It's not even enough time to think. In addition to throwing his bike at the car, another witness report I read said Shepard was hitting the car with his kryptonite bike lock, both of which are weapons. The video and news report also indicate that Shepard followed Bryant all the way from Sherbourne st, catching up and yelling at him at each red light they came to, which probably added to the Bryant's state of anxiety at the time of the ultimate confrontation. Also, Bryant never backed over the guy. The report you are thinking of probably said the victim fell under the rear wheels after striking the mailbox.

I don't think Bryant intended to drag the guy when he drove away or anticipated that the guy would hang on. Driving away when an angry belligerent man is acting hostile towards you and your wife is I think the normal thing to do, certainly a normal reaction.

And nobody is saying that it is legitimate to deliberately crush a man with your car, which is why Bryant is facing charges. The question is whether Bryant deliberately did so, or lost control.

We also see in the video that there is construction in the right lane and therfore the car swerves left to avoid it and crashes. If Shepard was infact holding onto Bryant's steering arm or the steering wheel, this would probably have caused an oversteer and the loss of control since Shepard would have been steering the car to the left at the same time that Bryant is trying to swerve left around the construction.

   

I read your post. Then I read it again, outloud, in my best Peter Falk "Columbo" impersonation. Very logical, Lieutenant.

   

I just watched a witness on video (http://www.theglobeandmail.com/video/wi ... le1271559/) describe how Bryant's car was "racing" along Bloor Street with the victim hanging onto the car.

No wonder he was hanging on, the witness said it looked like Bryant was going 90!

Now that Bryant has his public relations firm working overtime (witness the spin in the press almost all favourable to Bryant, while doing the opposite to the victim), it will be interesting to hear the actual facts reported, assuming there will be a trial and not a plea arrangement.

   

LOL Thanks Lem.
"Just one more thing."

A witness report said that Shepard initially had sparks coming from the bottom of his cycling cleats as he was being dragged, which to me suggests that the soles of his feet were in contact with the road and bearing some of his weight initially, if not interittently as he stumbled alongside the vehicle. When the car swerved to avoid the construction, he probably permanently lost that footing and was being dragged on his heels from that point on. IF -and this is still big if- he had been holding the steering wheel or Bryants steering arm, then that situation would mean most of Shepard's body weight was suddenly applied to the steering wheel in a left-turn. Even without Bryant's deliberate swerve around construction this may have been enough to cause a loss of control, but in combination I think it's a likely chain of events.

CBC is reporting that Ontario has brought in a special prosecutor from outside the province to avoid any conflict of interest. Good point on speed though. I doubt a Saab can go zero to 90 in such a short distance but it will be interesting to know how fast he was going and to what extent speed will be considered a factor. I think if he was proven to be going above the speed limit or that he accelerated unreasonably fast given the circumstances, he may be convicted of the lesser charge of Dangerous Operation of a Motor Vehicle Causing Death. But I'm no lawyer so I'm not sure where they would draw the line between that and Criminal Negligence Causing Death.

   

Great post, but you have a legal error: Dangerous Driving has a "causing death" aggravating factor, just as Criminal Negligence does. Dangerous Operation and Manslaughter by Criminal Negligence could both land a life sentence. I don't think one is the lesser of the other. The difference between the two is non-existent, as I see it, since they are both general intent homicides, with the same penalties under the Criminal Code.

   

Let me see, so far you have commented about windows.. forgetting the car was a convertible.

putting the top up, forgetting a lot of cars have sensors designed to stop
such activity if a blockage is encountered, and missing the fact
most ragtops need at least 30 secs to close.

Now you are happy to parrot the idea that a Saab can go 0 - 90
in a couple of seconds.


I'm guessing you dont own a car...

   

Well you guessed wrong, although my car is not a convertible.
Posting what actual witnesses to the tragedy saw is hardly "parroting that a Saab can go 0-90 in a couple of seconds. I was posting information only, the same information that will end up before a court.

   

Thats inadmissable....based on the year, how it has been maintained, how skilled someone is at the stick....0-90 is merely what it can do under ideal circumstances...this wasnt. thats how it will be presented in court if the Saab even comes under question

   

Thanks.
Well, I only read in a report that the DOMV causing death charge has a max of 14 years while the criminal neg/death has a life max. But like I said I'm not a lawyer. Are you saying that the judge can take factors into account to sentence someone to life for DOMV or the simple fact that death was involved puts life on the table?

Just found this interesting link comparing the two:

http://www.duhaime.org/LegalResources/TrafficLaw/LawArticle-390/Criminal-Negligence-and-Dangerous-Operation-of-Vessels.aspx

   

LOL, with a passenger in the front seat and another hanging on the side...would love to watch them test that down on a race-track!

   

What spin?? I guess those 61 warrants against the "victim" were just the cops in Alberta harrassing him??
After reading your posts it appears to me at least, that you have a hard-on for Bryant for some unknown reason.
So since you drive, one can assume that if some jerk off was pissed off at you because HE cut YOU off, threw his bike at your car and then jumped on it (keep in mind for this example yer driving a convertible) that you would just stop the car and calmly dial yer phone to call the police while he's wailing away on you? I have grave doubts about it.

Anyone that knows me personally knows that I'm the LAST guy to defend a law or justice official(current or retired) when someone is killed by their hand while NOT on the job. But in this case, it appears the victim acted like a total asshole and unfortunately for him, his rage cost him his life.
I actually feel sorry for Bryant because he now has to live with the fact he accidentally killed someone. Jail or not, he's going to re-live this tragedy every day for the rest of his life.

   

It seems to me the only person putting any "spin" on these Bryant stories is newbie Nancy who has already tried and convicted him by conveniently missing or ignoring anything that doesn't fit into her agenda of hanging Bryant at the earliest possible moment.

   

I dont know how most people would react if a person suddenly attacked you while your driving in your convertible, with the top down. We do know the driver was assaulted while driving, meaning he had at least his hands on him.

What if he had his hand on the steering wheel as well?

Is there going be new legislation now if a cyclists tries to commandeer your vehichle your suppose to immediately stop ?

Its all fine and dandy to say how we would react in that situation, but to insist that the driver should of stopped and let his ass get kicked, possibly resulting in his own death is ridiculous.

Clearly self-defense will be used.

   

Maybe we could start with a much simpler legislation that if a driver is on the same road as a cyclist that they provide a safety buffer like they would for pedestrians and motorcycles

too many idiots think they can scrape up the sides of a cyclist

   

you guys seem to forget that this incident should have never progress further than 3 feet apart.

   

Previous  1 ... 7  8  9  10  11  12  13 ... 19  Next