Alan Bear pleaded guilty to misdemeanor vehicular manslaughter today, and received the maximum sentence of 1 year in jail and 3 years probation in addition to roughly $5000 in fines.

Five letters had been submitted in advance of the sentencing. Several members of Greg's family spoke about the loss of their loved one, and the facts in the case. The testimony from Lisa Hoover, Greg's widow, was particularly poignant. "He was just riding his bike home as he always did. He didn't make it home," she said several times, and described the depth of her loss and the lack of remorse on the part of Mr. Bear.

About 25 to 30 attendees were family and friends of Ms. Hoover, or members of the bicycling community.

Mr. Bear apologized for the first time for his part in the collision that took place over one year ago, and repeatd the same story of replacing a drink in the cupholder distracting him, and trying to swerve right around Greg because there was a vehical to his left.

Bear also stated that he didn't think bicycles belonged on the freeway. In her response to the accused's statement, the people's attorney highlighted Bear's placing blame on the victim for doing something that is perfectly legal.

The judge remarked concern over Bear's lying at the scene of the collision as "problematic" before he assigned the maximum sentence. However, the court has no jurisdiction over driver's license suspension. That responsibility rests with the DMV. The court will revisit the issue in October once they receive information from the DMV on administrative decisions with regard Bear's driving privileges.

Thanks to those who were able to write letters to the judge and attend hearings, and to the deputy DA on the case (The last in a long line. I didn't get her name) for calling Bear on his statement regarding cyclists rights to use the freeway. It's disappointing that this case couldn't be pursued as felony manslaughter with gross negligence, but the final result and maximum sentence with the lesser charge certainly provide some modicum of justice and closure for Greg's family and for the wider bicycling community.

Addendum: Here is an email from Rick Knapp of the humboldt Bay Bicycle Commuters Association, who has done and excellent job closely following the case to support a just conclusion:

As reported last Friday in the Times-Standard, Alan Bear, the motorist who killed bicycle commuter Greg Jennings last year, will plead guilty:

"Daskal said Bear was willing to plead guilty after Humboldt County District Attorney Paul Gallegos reduced the vehicle manslaughter charge from a felony to a misdemeanor on July 2."

There is still discontent in the bicycle community over the reduction in charges from felony manslaughter with gross negligence to misdemeanor manslaughter without gross negligence as evidenced by the comments section.

The sentencing will occur on Thurs. Sept. 3, 2pm in Courtroom #1 of the Humboldt County Courthouse.

The pre-trial of Alan Bear, motorist who killed Greg Jennings last year on 299 near Blue Lake, is set for August 21, 8:30am at the Humboldt County Courthouse, 2nd floor.  Check the bulletin boards to find the courtroom.  Dress professionally and wear a bike pin if you have one.

Nice to see the often mild-mannered Humboldt Bay Bicycle Commuters Association taking strong stances for justice for all road users, and for keeping the bike lanes in downtown Arcata.

Thanks to Rick Knapp for closely following the Alan Bear Trial, and to Brett Gronenmeyer for weighing in on the bike lane issue.  Their Wheel People enewsletter, which covers both of those topics, is here.

The next preliminary hearing on the Alan Bear case is August 20.  The date that the City Council will hear the bike lane issue again has not yet been set.

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 several-times-postponed  hearing for the motorist who struck and killed Greg Jennings last August will take place in one of the courtrooms on the second floor of the Humboldt County Courthouse.  Show up and show your support for Greg's widow, for justice, and for public safety.  D

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 vehicular manslaughter. This hearing is at the County Courthouse, Courtroom #8, and is open to the public, and some of us will attend to support Greg's wife and in hopes of seeing our safety as cyclists protected by the law.

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.

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.

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 at the County Courthouse, Courtroom #3, and is open to the public, and some of us will attend in hopes of seeing our safety as cyclists protected by the law.