This is bullcrap, guy gets out of murder charge for being a cop

[Bitter Clinger]

http://www.ijreview.com/2014/08/1727...atal-accident/


Using a handheld device to text while driving is not only unsafe, but against the law in most states. So why isn’t a law enforcement officer who killed a bicyclist while he was operating a mobile device being charged in the death?

Los Angeles Daily News reports that an L.A. County Sheriff’s Deputy struck former Napster executive Milton Olin Jr., while Olin was cycling on Mulholland Highway near Calabasas. Deputy Andrew Wood had just left a call at a high school and was responding to a colleague on his mobile digital computer when his patrol car drifted into the bike lane.

“Wood entered the bicycle lane as a result of inattention caused by typing..” according to the declination letter prepared by the….District Attorney’s Office.
*
“Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.”
*
The law does not prohibit officers from using an electronic wireless communications device in the performance of their duties….Furthermore, prosecutors said it was “reasonable” that Wood would have felt that an immediate response was necessary so that a Calabasas deputy wouldn’t unnecessarily respond.

However, a local cycling activist takes exception with the decision.

Eric Bruins, planning and policy director for the Los Angeles County Bicycle Coalition, said….“Just because the law allows someone to do something while driving doesn’t mean they are allowed to do something unsafely while driving. Hitting someone from behind is very clear evidence that whatever was going on in that car was not safe and should have been considered negligent.”

Due to the potential hazard to pedestrians, cyclists or other motorists, should law enforcement officers be required to abide by the same “hands-free” laws that civilians do?

[Bailey Guns]

Sounds like they need to change the law. Not saying it wasn't the officer's fault but, if the law makes what he did legal then he really can't be charged. I know it wasn't that way here when I was working the streets. There was no exemption and department policy prohibited being distracted by operating your computer terminal while driving. That would've been squarely on the officer's shoulders.

[OneGuy67]

I agree with Bailey. Most agencies have a policy of not typing on the MDT while moving, but it is usually violated. The officer would be held accountable here if the same incident occurred.

[sniper7]

One more reason to not ride your bike on the road/highway, even with a bike lane. Look around you at stop lights and 50+% of the time the person next to you is either texting or talking on their phone.

[ben4372]

This is tough. I'm sure the DA could have charged him with a crime. But I would love to rub a cyclist every once in a while.

[Irving]

Doesn't matter if what he was doing was legal or not. The legality of the issue does not remove the fact that he was liable for the accident.

[TheGrey]

Voice to text. It's a thing.

[rondog]

WTF - don't they have radios anymore?

[Bailey Guns]

The other thing to keep in mind is he's still subject to a civil suit...just like anyone else would be.

[wctriumph]

^^^^^^ This in a BIG way! The officer, department, county, etc are about to get hammered big time for negligence in causing a death.