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#573024 --- 05/06/07 12:09 PM Bikers arnt happy about this
donedirtcheap Offline
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Registered: 10/15/06
Posts: 5604
Loc: boondocks
Bikers decry verdict in fatal DWI accident


Fernando Diaz
Staff writer



(May 5, 2007) Hundreds of motorcyclists jammed South Fitzhugh Street on Friday in front of the Monroe County District Attorney's Office to protest Wednesday's acquittal of a former deputy on a manslaughter charge in the death of a Greece motorcyclist.

"They should have made an example of this guy," said Ashley Williams, 20, of Fairport. The bikers said it appeared that James R. Telban Jr., 45, was spared jail time because of who he was.

Telban was convicted on two misdemeanor counts of DWI. He was acquitted of manslaughter; the judge said it had not been proved that his drunkenness directly caused the crash with Peter Volkmuth, 27.

Telban's blood-alcohol level was 0.24 percent.

"It's time we all stand up for our rights," said Michael Cavuto, local chapter president of ABATE, a motorcycle advocacy group.
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#573029 --- 05/06/07 12:12 PM Re: Bikers arnt happy about this [Re: donedirtcheap]
Strawberry Jam Offline
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Registered: 07/11/04
Posts: 34421
Loc: Herkimer County NY
Originally Posted By: donedirtcheap
Bikers decry verdict in fatal DWI accident


Fernando Diaz
Staff writer



(May 5, 2007) Hundreds of motorcyclists jammed South Fitzhugh Street on Friday in front of the Monroe County District Attorney's Office to protest Wednesday's acquittal of a former deputy on a manslaughter charge in the death of a Greece motorcyclist.

"They should have made an example of this guy," said Ashley Williams, 20, of Fairport. The bikers said it appeared that James R. Telban Jr., 45, was spared jail time because of who he was.

Telban was convicted on two misdemeanor counts of DWI. He was acquitted of manslaughter; the judge said it had not been proved that his drunkenness directly caused the crash with Peter Volkmuth, 27.

Telban's blood-alcohol level was 0.24 percent.

"It's time we all stand up for our rights," said Michael Cavuto, local chapter president of ABATE, a motorcycle advocacy group.







I am pretty sure if it had been any of us, we would have had the book thrown at us. GRRRRR!

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#573662 --- 05/07/07 08:57 PM Re: Bikers arnt happy about this [Re: Strawberry Jam]
LOTE Offline
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Registered: 11/08/06
Posts: 16416
Loc: Lurking
I can't believe this actually happened. WTF? How do they get away with this?
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#573892 --- 05/08/07 02:33 PM Re: Bikers arnt happy about this [Re: LOTE]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
How? Basically he knew he would be screwed if he had a trial in front of a jury. So, he decided to have the decision made by a judge.
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#573896 --- 05/08/07 02:47 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
Cops get to plea bargain while we regular joe's get the shaft!
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#573898 --- 05/08/07 02:52 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
I don't think all cops act as though they are above the law. But in this case, I think the public got screwed and justice was not done. It makes me pretty mad to think the message this decision sends and the precident it sets for future fatalities involving a DWI.
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#573902 --- 05/08/07 03:01 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
Yea and dont think for one minute that lawyers wont use it also!
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#573904 --- 05/08/07 03:06 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
You know they will. It will become the standard defense for every DWI accident that involves a fatality. The blame for the death will be put on the head of the individual killed because some fool decided it was ok to get behind the wheel of a car while they were drunk.
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#573908 --- 05/08/07 03:13 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
AND as a bonus, the status of bikers are also going to be reduced once again to being more nuisances on the roadways. dickhead lawyers
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#573912 --- 05/08/07 03:20 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
I tell you, I am really pissed off about the verdict. The vindictive part of me would like to see the judge, defendant, and lawyer all made to ride a bike into the side of a car to see how it feels.
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#573917 --- 05/08/07 03:23 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
Vindictive? So what! They DESERVE to get smacked in the head with a kicksatnd!
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#573918 --- 05/08/07 03:26 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
I was out in the area where the accident happened last weekend. I had to take a moment to see if there was really a problem with visability. The thing is, it is an open stretch of road with clear visability in both directions.
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#573919 --- 05/08/07 03:26 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
Smacked with a kickstand? Hell, just run them head first into the side of a truck.
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#573921 --- 05/08/07 03:31 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
No no no... too obvious... you need blunt force trauma, repeatedly! <g>
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#573925 --- 05/08/07 03:33 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
I didn't say just once...

But seriously, the verdict does piss me off. It undermines all the progress that has been done in waking people up to how important it is not to drink and drive.
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#573927 --- 05/08/07 03:35 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
Youre exactly right. And as a second, the public trust in bikers goes down as well, since the rider "couldnt keep from crashing" into the drunk driver.
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#573931 --- 05/08/07 03:38 PM Re: Bikers arnt happy about this [Re: Sausage]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
It can be taken even further. The next thing you know, it will be the pedestrian's fault because they walked in a crosswalk in front of a drunk driver.
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#573941 --- 05/08/07 03:56 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
Oh no.. walkers wont be charged.. they get those neat little signs in the crosswalks everywhere... I remember you had to run for your life when I was growing up.
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#573944 --- 05/08/07 04:04 PM Re: Bikers arnt happy about this [Re: Sausage]
Gio Offline
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Registered: 08/01/03
Posts: 16476
Loc: Cleveland
how much time did the kid get who "ran" from the trooper that ended up getting killed because of the troopers piss poor judgement??
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#573950 --- 05/08/07 04:20 PM Re: Bikers arnt happy about this [Re: Gio]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
which kid? the one on the 4 wheeler?
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#574329 --- 05/09/07 11:26 AM Re: Bikers arnt happy about this [Re: Sausage]
LOTE Offline
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Registered: 11/08/06
Posts: 16416
Loc: Lurking
No, the one on a motorcycle. High speed chase with an officer driving an SUV trying to catch him crashed into a tree. I don't think alcohol was a factor in that, was it?
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#574354 --- 05/09/07 12:20 PM Re: Bikers arnt happy about this [Re: LOTE]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
I never heard the outcome of that case? Does anyone have the details on the verdict? Did the kid get jail time?
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#574357 --- 05/09/07 12:22 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Strawberry Jam Offline
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Registered: 07/11/04
Posts: 34421
Loc: Herkimer County NY
I went back looking in these threads, iI know we talked about it on here. i will look elsewhere.

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#574358 --- 05/09/07 12:25 PM Re: Bikers arnt happy about this [Re: Strawberry Jam]
Strawberry Jam Offline
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Registered: 07/11/04
Posts: 34421
Loc: Herkimer County NY
Convicted motorcyclist gets seven years for trooper's death during chase
By WILLIAM KATES
Associated Press Writer
February 14, 2007, 3:51 PM EST

SYRACUSE, N.Y. -- A motorcyclist convicted in the death of a state trooper during a high-speed chase was sentenced Wednesday to 7 years in state prison by a judge who turned down a prosecutor's bid for a longer sentence, saying the trooper was partly to blame for his own death.

James Carncross will begin serving his sentence for the death of Trooper Craig Todeschini after completing a four-year term he is serving for violating probation from a previous conviction _ meaning he will stay behind bars for 11 years.

"Both young men exercised poor judgment. It cost one young man his life, the other his freedom," Onondaga County Judge William Walsh said to a courtroom packed with both men's families, and nearly two dozen troopers and state police officials.

As a second-time felon, the 21-year-old Jamesville man faced a maximum of 15 years in prison for aggravated criminally negligent homicide. He was convicted by a jury in December following a seven-day trial.

Todeschini, 25, of Geddes, was killed April 23, 2006 when he crashed his patrol sport utility vehicle into a tree as he was rounding a curve in pursuit of a sport-style motorcycle in the hamlet of Pompey Hill, about 15 miles south of Syracuse. The chase reached 100 mph at times.

Defense attorney Salvatore Piemonte argued during the trial that the trooper was responsible for his own death because he drove recklessly and failed to follow proper state police pursuit policy. An appeal of the verdict is planned, Piemonte said.

"Unquestionably, Mr. Carncross brought about the death of Trooper Todeschini by setting in motion the chain of events ... but what troubles the court is that Trooper Todeschini did not die at the hands of Mr. Carncross, but rather by his own," said Walsh.

Walsh noted that even the prosecution's own accident reconstruction expert testified Todeschini was traveling too fast for his vehicle and the road conditions. The judge said he hoped officers in similar situations in the future will remember Todeschini's example and not risk their lives for the price of a speeding ticket.

Turning to Carncross, Walsh said he had failed to take advantage of repeated opportunities to "do the right thing" and also endangered innocent motorists on the road that day.

Carncross did not testify during the trial but on Wednesday he spoke briefly in court, telling the Todeschini family he was sorry and never intended for anyone to get hurt.

"If I knew then what I know now, I would have stopped," he said. "I have no way to take any of it back. I will try to do the best I can to live and learn. I hope someday ... you can forgive me," he said.

Todeschini's mother also addressed the court.

Cindy Todeschini said she did not hate Carncross, but disliked the choices he made that day _ that he chose to speed and lead her son on the deadly chase, and that he failed to pull over.

District Attorney William Fitzpatrick asked for a 12-year sentence for Carncross, who he said was seeking mercy based on a series of myths _ that he didn't know he was being pursued; that he had expressed his remorse by voluntarily surrendering to police; and that he was treated unfairly during his trial.

One by one, Fitzpatrick refuted each "myth."

The prosecutor said the chase was described by witnesses and fortuitously caught on two remote-controlled cameras.

Carncross turned himself in only because investigators were closing in on him as a suspect and his apprehension was "inevitable," Fitzpatrick said.

He also noted that Carncross made statements to others that he was involved in Todeschini's accident and took steps to hide his motorcycle and clothing and even implicate another person.

Outside court, James Todeschini, the trooper's father, said he was surprised by Carncross' apology, but appreciated it.

"We are a forgiving family. We understand exactly what the Carncross family is going through, too," Todeschini said. "My faith tells me to forgive him but right now my heart is not quite there yet."

Fitzpatrick called the apology "too little, too late."

Fitzpatrick agreed there was blame to share in the accident, but said he did not think the sentencing was an appropriate time to bring it up. James Todeschini said he respected the judge's remarks but had no other comment.

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#574361 --- 05/09/07 12:34 PM Re: Bikers arnt happy about this [Re: Strawberry Jam]
TRD_Tacoma Offline
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Registered: 09/19/02
Posts: 12952
Loc: Rochester
In other words, he got 7 years for the trooper's death with the finding that the trooper was partially at fault for his own death. Reading through it, I don't see anything stating alcohol was a factor for the high speed chase.

In the case here in Rochester, the cop was 3 times over the legal limit for intoxification and driving. At the most, he will get maybe a year in prison for the DWI. Most likely, he will end up getting probation. He will serve no jail time for the death of the victim.
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#574381 --- 05/09/07 12:59 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Gio Offline
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Registered: 08/01/03
Posts: 16476
Loc: Cleveland
Exactly!
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#574385 --- 05/09/07 01:05 PM Re: Bikers arnt happy about this [Re: Gio]
TRD_Tacoma Offline
Silver Member

Registered: 09/19/02
Posts: 12952
Loc: Rochester
Sounds like a double standard to me.
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#574388 --- 05/09/07 01:14 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
LOTE Offline
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Registered: 11/08/06
Posts: 16416
Loc: Lurking
As Gio says, Exactly!

Thanks SBJ for looking up the info.
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When I'm bad, I'm better

If you're not livin on the edge
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#574389 --- 05/09/07 01:15 PM Re: Bikers arnt happy about this [Re: TRD_Tacoma]
Sausage Offline
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Registered: 08/21/03
Posts: 6378
Loc: The Meat Grinder
took the words right out of my mouth
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