We feared this, and it happened.  According to the Times Standard, District Attorney Paul Gallegos reduced the charges from Felony Vehicular Manslaughter to a misdemeanor, saying that he could not prove it was gross negligence for Alan Bear to see Greg Jennings ahead on his bicycle, dressed in bright clothing and riding on the far right of the shoulder on a straight stretch of the 299 freeway, and then for Bear to swerve so far out of his lane accross a 10 foot shoulder that his right wheels were on the grass, striking and killing Greg with the LEFT front of his vehicle.

An act is considered gross negligence if is "done with such careless disregard for the safety of others' lives that it is likely to cause foreseeable injury."

But the CHP officer and the DA seem to think that use of drugs or alcohol, or a particularly unusual cause of distraction inside the vehicle would be the only way to prove this, rather than the driving behavior itself.  When evidence for either of distraction or drugs was too weak to prove, the CHP officer changed his opinion, contradicting his recommendation on the collision report.

”The facts didn't change ... but the officer's opinion changed,” Gallegos said after the hearing.

The death was tragic and “completely preventable” but the change in the officer's report was based on a reevaluation of the event, Gallegos said.

”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” he said.

It would appear that as long as you are sober and not causing yourself unusual distractions in your vehicle, you are not demonstrating careless disregard for others' safety when you swerve off the road to run people over and kill them..

Speculation:  It's hard to imagine a CHP officer having the opinion that this kind of driving behavior was not gross negligence had it been a CHP officer standing on the side of the road instead of a bicyclist riding home from work.

This is a dissappointing day for public safety.

The Summer edition of the Community Wheel focuses on "Healthy Choices[:] Taking Steps Toward Active Transportation". Inside you'll find up-to-date news on the The Rail-With-Trail Alliance, a coalition that includes Green Wheels. This coalition has convinced the NCRA to agree to virtually every amendment the alliance suggested (p.4).

The feature article is an interview with the Humboldt County Public Health Officer, Dr. Ann Lindsay on how transportation choices and the built environment may affect public health (p.6).

Enjoy a PDF of the publication online and look for it in the North Coast Journal this coming week and throughout the season in some of your favorite stores.

Don't forget to join  us on July 9th for the Community Wheel Release Party from 5-9p.m. at Jambalaya in Arcata.

Last Saturday a group of volunteers converged at Cooper Gulch Park in Eureka to work on a trail connecting the park with a nearby neighborhood.

The city council will decide on tomorrow night whether to keep the bike lane or not in the process of widening sidewalks on H Street.  In a split vote, the Arcata Transportation Safety Committee recommended eliminating the bike lane and maintianing parking on both sides of the street, as well as the two motor-vehicle through lanes.  A motion to instead keep the bike lane and eliminate parking on one side of the street failed by one vote.

This morning's hearing for Alan Bear's trial on felony vehicular manslaughter was continued to Thursday, June 18.  District Attorney Paul Gallegos apologized at having to request a continuance.  A last minute piece of evidence came up that had to be shared with the defense.  There is some concern that this may require the charges to be downgraded to misdemeanor vehicular manslaughter.

Alan Bear struck down bicycle commuter Greg Jennings last August on a straight stretch of Route 299 just west of Blue Lake.

About fifteen familymembers friends and supporters of Greg's wife, Lisa Hoover, attended the hearing to support her and received a more detailed breifing about the situation from Mr. Gallegos afterward.

Addendum:  The Times-Standard is covering the case.  The article on yesterday's hearing is here.  Some of the posted comments are enlightening as well.

Perils for Pedestrians, a nationally syndicated show, comes to the North Coast, and covers Sidewalk Bushwackers, amongst other things!

Greg Jennings, a forest ecologist with the BLM,  was riding as far to the right as possible on 299 last August and had almost arrived back to Blue Lake from his job in Arcata when he was struck and killed.  There will be a preliminary hearing, June 10, 8:30 am for the motorist involved in the collision, Alan Bear, who is charged with negligent vehicular manslaughter.  This hearing is open to the public, and some of us will attend in hopes of seeing our safety as cyclists protected by the law.

Mike Beuttner sent me this:

These things are sold here

These ladies from British Columbia make a good case for helmets!

We've been talking about railbanking and trail development as a reasonable compromise to preserve the railroad corridor for rail's return when and if it becomes feasible in the future.  This video illustrates the challenges of bringing rail service back up through the Eel River Canyon, one of the most geologically unstable places on the planet.  Plus, there is good music and beautiful scenery.  Enjoy!