Tuesday, March 11, 2008
Sheriff's Deputy killed 2 bicyclists, had prior DUI charges dropped
San Diego DUI Attorney - California DUI / drunk driving news
The Santa Clara County sheriff's deputy who struck and killed two competitive bicyclists Sunday was charged in 2001 in Los Angeles with drunken driving and engaging in an exhibition of speed, California DUI attorney records show.
The two drunken-driving charges against James Council - one count for allegedly being intoxicated and one for having a blood-alcohol level above the legal limit of 0.08 percent - were dismissed by the Los Angeles city attorney's office in a plea deal during the arraignment process, the California DUI attorney prosecutor who handled the California drunk driving case.
Council, now 27, pleaded guilty only to engaging in a speed exhibition, a misdemeanor. Commissioner Gary Bindman sentenced him to 24 months of probation and fined him $713, including court costs, said Deputy City Attorney Larry Shelley. Shelley said he did not recall the specifics of the California DUI attorney case.
According to Shelley and California DUI court records, Council's violation occurred Sept. 15, 2001. He was charged Oct. 1 of that year and pleaded guilty 28 days later.
Council was hired as a Santa Clara County sheriff's deputy 18 months ago. On Sunday, he was 4 1/2 hours into a scheduled 12 1/2-hour shift when his cruiser crossed over the center line on Stevens Canyon Boulevard in Cupertino at 10:25 a.m., striking three competitive bicyclists head-on and killing two of them.
Two men who came upon the accident scene a short time after the crash said Council had said he must have fallen asleep at the wheel and didn't know what had happened.
Council is on paid leave from the Sheriff's Department while the California Highway Patrol investigates the California crash.
The department said Monday that he could not legally comment on whether the department had tested Council's sobriety after the crash because it was a personnel matter.
The crash Sunday killed bicyclists Kristy Gough, 30, of San Leandro and Matt Peterson, 29, of San Francisco. The third cyclist, 20-year-old Christopher Knapp of Germany, was hospitalized at Stanford University Medical Center, and is doing well.
The Santa Clara County sheriff's deputy who struck and killed two competitive bicyclists Sunday was charged in 2001 in Los Angeles with drunken driving and engaging in an exhibition of speed, California DUI attorney records show.
The two drunken-driving charges against James Council - one count for allegedly being intoxicated and one for having a blood-alcohol level above the legal limit of 0.08 percent - were dismissed by the Los Angeles city attorney's office in a plea deal during the arraignment process, the California DUI attorney prosecutor who handled the California drunk driving case.
Council, now 27, pleaded guilty only to engaging in a speed exhibition, a misdemeanor. Commissioner Gary Bindman sentenced him to 24 months of probation and fined him $713, including court costs, said Deputy City Attorney Larry Shelley. Shelley said he did not recall the specifics of the California DUI attorney case.
According to Shelley and California DUI court records, Council's violation occurred Sept. 15, 2001. He was charged Oct. 1 of that year and pleaded guilty 28 days later.
Council was hired as a Santa Clara County sheriff's deputy 18 months ago. On Sunday, he was 4 1/2 hours into a scheduled 12 1/2-hour shift when his cruiser crossed over the center line on Stevens Canyon Boulevard in Cupertino at 10:25 a.m., striking three competitive bicyclists head-on and killing two of them.
Two men who came upon the accident scene a short time after the crash said Council had said he must have fallen asleep at the wheel and didn't know what had happened.
Council is on paid leave from the Sheriff's Department while the California Highway Patrol investigates the California crash.
The department said Monday that he could not legally comment on whether the department had tested Council's sobriety after the crash because it was a personnel matter.
The crash Sunday killed bicyclists Kristy Gough, 30, of San Leandro and Matt Peterson, 29, of San Francisco. The third cyclist, 20-year-old Christopher Knapp of Germany, was hospitalized at Stanford University Medical Center, and is doing well.
# posted by SanDiegoDUI @ 2:01 PM 
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
