Author Topic: Driver downloading ringtone crosses center line, kills cyclist, gets $1,000 fine  (Read 3258 times)

davepeck

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Woman is sentenced for bicyclist\'s death

Published Online Nov 30, 2006

By Mary Schenk

URBANA – Jennifer Stark wiped away tears and nodded that she understood the maximum sentence a Champaign County judge gave her Wednesday for improper lane usage.

The 19-year-old Urbana woman appeared in court, flanked by her parents, to plead guilty to a petty offense and be sentenced for actions that led to the death of Matthew Wilhelm.

The 25-year-old former Champaign resident, a University of Illinois mechanical engineering graduate working for Caterpillar in Peoria, died on Sept. 8 from head injuries he received Sept. 2 when Stark hit him with her car because she was downloading ring tones to her cell phone instead of paying attention to driving.

Mr. Wilhelm was bicycling north on Illinois 130 east of Urbana when he was struck from behind about 7:15 p.m. Stark was so far off the road that she hit Mr. Wilhelm from behind with the driver\'s side of her car. He was wearing a helmet.

"I can only apply the law I have in front of me, not as I wish it would be," Judge Richard Klaus told Stark and the approximately dozen others who had gathered to see her sentence. They included the parents of Mr. Wilhelm and other friends and relatives of the Wilhelm family who have mobilized forces to try to get the law changed regarding distracted drivers.

"I am appalled by your conduct and the manner in which you have driven in the short time you\'ve had a license," Klaus told Stark, who had three prior convictions since May 2005 one for disregarding a traffic light and two for speeding. The last speeding conviction came about five weeks before she hit Mr. Wilhelm.

State\'s Attorney Julia Rietz made the call not to lodge any more serious charge than improper lane usage against Stark, saying that the legal definition of recklessness, to sustain reckless homicide or reckless driving, did not fit her actions.

But Rietz argued for the maximum sentence of six months of conditional discharge a form of probation without reporting to an officer a $1,000 fine and traffic safety school.


"This is a tragic case and one which has demonstrated to us there are many things we can\'t adequately resolve in this building, unfortunately. The law doesn\'t give us an adequate remedy to address the loss to the Wilhelms and society," she said.

Stark shook her head no when Klaus asked her if she wanted to say anything before being sentenced.

But Gloria Wilhelm, the mother of the victim, was not reticent. She calmly read to Klaus a statement in which she chided the system that allowed Stark to continue driving even though her "irresponsible behavior continued to worsen."

And she took a diplomatic jab at Rietz for her decision not to prosecute Stark for more than a petty offense.

"Julia Rietz said it would be hard to prosecute \'willful and wanton\' (behavior) and the driver could have \'no reasonable expectation of a bike on the side of the road,\' yet every single time we visited the accident site we saw bikers and joggers in the area. The driver took this path to and from work and had to see others out there. Disregarding the obvious is a total lack of responsibility.

"In addition to a mere fine, we implore you to recommend community service and continued education to improve her driving. She needs more than just to \'live with this the rest of her life.\' She can celebrate holidays and birthdays with her family. We can\'t do this with Matt."

Stark\'s mother sobbed as she listened to Mrs. Wilhelm continue:

"We have nightmares of Matt\'s last moments when he was riding way off to the side of the road on a clear beautiful day and was hit with no warning. ... Another person told me they saw the accident scene and it was something no mother should have to witness all for a cell phone ring tone. ... All for a self-indulged driver who has her priorities ridiculously out of order."

After the hearing, Stark went upstairs at the courthouse to make an appointment with the probation office. Her mother told The News-Gazette that Stark didn\'t want to make any public comments because "she\'s afraid her words will get twisted."

Stark sent a letter to The News-Gazette that was published in September in which she apologized to the Wilhelm family for what happened and said she took full responsibility for her actions.

"I never meant to do anything like this. I know that no matter what I say or do I can never take back what has happened or undo the hurt and grief I have caused. However, I still wanted to say that I am very sorry," she wrote.


http://www.news-gazette.com/ngsearch/index.cfm?&page=displyStory.cfm&yearfolder=the06news&file=113006%5Fngstory%5F71210%2Etxt&search=stark&theorder=asaphrase


didn\'t even get her license suspended.. :sigh::sigh:

derickw

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stupid bitch shouldn\'t even have a license after everything leading up to this....
never trouble trouble till trouble troubles you

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Mamalakabubadaya

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that\'s really fucking horrible. it\'s awful that someone was able to find a loophole through the legal system after killing a person. a girl that i went to high school with was fucked up in the middle of the day and hit a construction worker on one of the main roads in our town and he was killed..she was also somehow "okay" and ended up going to college after graduation, etc. that was such bullshit. i honestly don\'t use my phone unless i have to when i\'m driving. there is nothing i hate more than either the minivan mom driver on the phone or "blatant asshole" on the phone. being behind these people in parking lots is killer. anyhoo...i hope the girl who hit the bicyclist gets hit by a car.

kindm's

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The States Attorney should be fired.

She should have brought the charges of reckless homicide.

I got in way more trouble then this girl and i didn\'t even kill or hit anyone.

The only course of action for the family of the dead guy is to bring civil charges and hope that this girls parents were dumb enough to insure her. The girl is only 19 so she will have little to no assets. But if her Car INS. was in the parents name they can go after everything this family has and rightfully so.
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Todd

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I hate dumb people!!! Bitch should have her license revoked until she\'s 21...or at least something!!!
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derickw

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Quote from: kindm\'s;127641
The States Attorney should be fired.

She should have brought the charges of reckless homicide.

I got in way more trouble then this girl and i didn\'t even kill or hit anyone.

The only course of action for the family of the dead guy is to bring civil charges and hope that this girls parents were dumb enough to insure her. The girl is only 19 so she will have little to no assets. But if her Car INS. was in the parents name they can go after everything this family has and rightfully so.


that\'s why my parents put everything under my name when i was younger
never trouble trouble till trouble troubles you

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skalnbyc

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From the criteria listed in this article, I\'ll bet this bitch is a cashier at Dunkin Donuts.
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Stephengencs

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I am sure there will be some sort of civil suit that comes out of this.........

Not that any amount of money can replace the families dead son.....but it would be nice to see someone pay for this.....
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derickw

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the only ones that will have to pay will be the insurance companies and their policy holders. the chic will be driving in a couple weeks if not already
never trouble trouble till trouble troubles you

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jocelyn

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This makes me queasy.
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kyndkate

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This makes me furious. :sigh:

You can get arrested and thrown in jail for possession of marijuana, but get off with a slap on the wrist if you\'re recklessly irresponsible with a vehicle and kill a human being.
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kindm's

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Whats even more interesting is that the States Attorney Julia Rietz had her practice in the same town that this girl was from.

And worse than that this happened Sept. 2nd at 7:15PM there would have been plenty of light.

I dont get the idea that there is no way she could have expected that a bicycle was going to be on the road. I call BS. It is a vehicle that is allowed to be on the road you should expect anything when behind the wheel. Kids running out in the road after balls etc etc
"You can bet everything will come to an end. It's going to be ugly and it's going to be a mess, and it's going to be something that somebody did in the name of God...."

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FrankZappa

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Illinois 130

Quote from: kindm\'s;127711

I dont get the idea that there is no way she could have expected that a bicycle was going to be on the road. I call BS. It is a vehicle that is allowed to be on the road you should expect anything when behind the wheel. Kids running out in the road after balls etc etc


OK, in her defence, Rt 130 is a major pipeline for this part of the country, going through several towns from it\'s start at camargo at rt36 in the south up to 150 just east of urbana. Depending on population it is possible for the kids running out, but that is very rare for a RT road of this type. (at least based on what I know of them out here in ct/mass). When I ride, I am usually on routes  (71, 77, 68, 17, 22, 179, 219, 146 to name a few), they have the best scenery and are the most challenging. Get on a main road and you are stopping every couple of miles for lights and stop signs, which slow you way down. On routes you don\'t have to deal with that. Of course, the trade off is you have 18 wheelers fly by you time to time, but if you know how to possition yourself, you can draft there airpocket and actually take a break about 5 seconds after they pass you. The point is you have to be careful and know how to ride. Things like this are always in the back of your head. Even more so after reading this. On a bike you have to be aware of your suroundings and listen to the road and traffic a hell of a lot more than you do when driving. The most you have to protect yourself is about 2 lbs of titanium strapped to your feet and a piece of foam rapped around your head. They have a steel cage to protect themselves. Car vs. bike, the car wins every time. The sad part is, this guy never had a chance. She came up right behind him. Even if he heard it, traveling on a route, even at top speed he couldn\'t have been doing more than 40 mph (average level land speeds for tour de france), and was probably between 15-28mph. Even if she was obeying the speed limit, a route road between cities is going to be at least 45-55mph, so she most likely was going close to twice his speed (not even accounting that she got fined twice for speeding here). And, he was also ALREADY OVER ON THE SIDE. If he had any clue, what is he going to do in the few seconds he has? ditch INTO the road? He can\'t go any faster than her, he never had a chance. ugh.

 The fact that this is a road with lots of riders and joggers on it, just outside one of the biggest cities in the area cancels out everything I have said about this being a rt road out in the middle of nowhere. As a bicyclist, I am outraged and insulted by this, because it could happen to anyone, myself included and that is really scary to think about as a way of dying. I think that this should be fought and loosing her license should be the first in a list of things that should be done to her.

Ugh. I feel like puking. I really hope the cycling community responds to this and she pays for what she has done. I hope Il uses this to pass stringent laws about cell phone use in cars if they do not already exsist, and if they do, the fines should be much higher. The states attorney should be fired as well.

I will not give up biking, but this seriously makes me sick. If something like this ever happens to me I expect every single one of you to make that persons life a living hell.
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jocelyn

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Their life wouldn\'t be a living hell for long. After a day or so of torture, I\'d off the fucker.
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Gfunk

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this world is so bass ackwards. :no:
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