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Newsjock

(11,733 posts) Fri Oct 9, 2015, 08:50 PM Oct 2015

Attorney kills cyclist in hit-and-run; judge reduces case to misdemeanor and gives 30-day sentence

Source: San Francisco Chronicle

A San Francisco labor lawyer who ran over and killed a 57-year-old bicyclist in Dublin was sentenced Friday to 30 days in jail after an Alameda judge reduced his felony hit-and-run case to a misdemeanor over the objections of prosecutors.

Alameda County Superior Court Judge Michael Gaffney also allowed Spencer Smith, 35, to complete 11 months of probation before serving his month-long jail sentence. During his probation, Smith is required to abstain from alcohol and wear an electronic-monitoring device.

Gaffney’s decision came a month after Smith pleaded no contest to felony hit-and-run resulting in injury and death, and misdemeanor vehicular manslaughter.

While prosecutors objected to the sentence, Gaffney exercised his discretion to reduce all of Smith’s charges of misdemeanors.

Read more: http://www.sfgate.com/crime/article/S-F-attorney-who-killed-bicyclist-in-hit-and-run-6562312.php

6 replies

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Attorney kills cyclist in hit-and-run; judge reduces case to misdemeanor and gives 30-day sentence (Original Post) Newsjock Oct 2015 OP

WHY! I never heard of this case and the headlines don't tell me much. napi21 Oct 2015 #1

Sorry for that experience yeoman6987 Oct 2015 #2

For a hit and run? Fumesucker Oct 2015 #3

See the story is so convoluted that I missed the "run" part yeoman6987 Oct 2015 #4

Smith's attorney adds a bit to the story: brer cat Oct 2015 #6

Completely inappropriate gear & lack of lights - but why are you emphasizing Ms. Toad Oct 2015 #5

napi21

(45,806 posts)

1. WHY! I never heard of this case and the headlines don't tell me much.

Reply to Newsjock (Original post)

Fri Oct 9, 2015, 09:13 PM

Oct 2015

The main reason I ask is due to a=n experience I had a few days ago. It was about 9PM and of course dark. I was driving on a rural road that had no street lights. Suddenly a bicyclist appeared on the RIGHT SIDE of the road. HE HAD PASSED IN FRONT OF ME, riding a bike with no reflectors, black clothing, and of course no lights of it's own! I slowed down dramatically because I knew I could have HIT HIM! I don't drive a big SUV or truck, but I can see where someone who was driving such a large vehicle could have hit the cyclist and not even know it!

If that scenario isn't what happened with this attorney, then WHY THE HELL did the judge rreduce his sentence to 30 days?

yeoman6987

(14,449 posts)

2. Sorry for that experience

Reply to napi21 (Reply #1)

Fri Oct 9, 2015, 09:43 PM

Oct 2015

Bicyclists can be a hazard but I think alcohol played a part in this but can't seem to 100 percent verify. If alcohol was not involved then the driver should be free with no sentence or record.

Fumesucker

(45,851 posts)

3. For a hit and run?

Reply to yeoman6987 (Reply #2)

Fri Oct 9, 2015, 09:46 PM

Oct 2015

That seems remarkably lenient for leaving someone to die in the road.

yeoman6987

(14,449 posts)

4. See the story is so convoluted that I missed the "run" part

Reply to Fumesucker (Reply #3)

Fri Oct 9, 2015, 09:51 PM

Oct 2015

You are right.

brer cat

(24,555 posts)

6. Smith's attorney adds a bit to the story:

Reply to Fumesucker (Reply #3)

Fri Oct 9, 2015, 10:25 PM

Oct 2015

Choyce said the evidence showed that bicyclist Bo Hu, a tourist from China, was struck while walking his bike in the middle of a dark road. He said Smith, who is blind in his right eye, thought he struck a large rock or deer.

“He didn’t know he hit a person,” said Choyce, adding that prosecutors presented no evidence that Smith was speeding or driving reckless. “This could have happened to anyone. No one would expect someone walking their bike in the middle of the street.”

Ms. Toad

(34,059 posts)

5. Completely inappropriate gear & lack of lights - but why are you emphasizing

Reply to napi21 (Reply #1)

Fri Oct 9, 2015, 09:53 PM

Oct 2015

the RIGHT SIDE of the road?

If you were both going the same direction, he was where he was supposed to be. (What direction he was going isn't clear from what you've said, and it isn't clear what you mean by "passed in front of me."

So, aside from the gear and lack of lights, which are clearly inappropriate, I can't tell whether he was biking irresponsibly - or you are not aware that bikes follow the same rules as cars.

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