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October 2004 Issue VOLUME 12 NUMBER 8 FREEFREE FALL/WINTER 2004 cyclincyclingg utahutah IT’SIT’S CYCLOCROSSCYCLOCROSS SEASON!SEASON! •Josie Johnson Accident - p. 2 •Lotoja - p. 10 •Calendar of Events - p. 16 Early Season 2005 Events Inside! •San Rafael Swell - p. 5 •Jeff Keller - p. 7 •Results - p. 18 •Cyclocross - p. 11 •Rider of the Year Awards - p. 20 DIRTDIRT PAVEMENTPAVEMENT ADVOCACYADVOCACY RACINGRACING MOUNTAIN WEST CYCLING JOURNAL MOUNTAIN WEST CYCLING JOURNAL TOURINGTOURING 2 cycling utah.com OCTOBER/NOVEMBER 2004 SPEAKING OF SPOKES moving violations, they do have take time to be resolved, and most the right to file a lawsuit for of us will never know the result of injuries and damages resulting that. While court proceedings are from Ms. Johnson’s death. public, settlements can be, and WhatWhat HappensHappens Next?Next? In such a lawsuit, two things often are, private and not dis- must be proven. First, that the dri- closed. If a matter does go to By Dave Ward County Sheriff’s office is awaiting ver is at fault. This would appear trial, it is so far removed in time to be fairly obvious in this matter. from the accident that it is seldom Publisher the test results before proceeding further. Second, the amount of compensa- reported in the news, and most tion that should be awarded to the people have long since lost the On September 18, Josie When those test results are received, all of the facts and cir- victims. Obviously, no amount of ambition to follow the case and Johnson was tragically killed in a money can compensate Ms. the result. bicycling/automobile accident near cumstances surrounding this acci- dent will be reviewed with the Salt Johnson’s family for their loss, but But we may never know the Solitude Ski Resort in Big it is the only remedy available. result of any civil claim or pro- Cottonwood Canyon, east of Salt Lake District Attorney’s office to determine what, if any, charges are Thus, a judge or jury in such a ceeding, we can, and have the Lake City. This accident, and Ms. case has to determine the amount right, to know if the driver of the Johnson’s death, have shocked the to be filed against the driver of the vehicle. It is important to under- to be paid if fault on the part of vehicle will be prosecuted and, if cycling community and prompted there was no intent on the part of the driver is found. so, its ultimate outcome. We an outcry against the perceived stand that the District Attorney has the driver to hit Ms. Johnson. the discretion whether or not to Such a lawsuit may or may not should be extremely interested in failure of appropriate action However, any violation of the law be filed. If compensation is this, because it will tell us if our against the driver of the vehicle file charges and prosecute. Even is technically a crime, and prose- if there is a violation of the law, sought, a settlement on that may which struck Ms. Johnson. cution for any moving violation be reached before such a lawsuit is Ms. Johnson was riding her the District Attorney may decide Continued on page 14 while operating a motor vehicle is to not prosecute. Several factors filed. If a lawsuit is filed, it will bicycle up Big Cottonwood a criminal prosecution, though Canyon. She was approximately contribute to the ultimate decision moving violations are rarely whether or not to prosecute. two miles from the top of the referred to as such. Mon-Thurs: 6am-11pm canyon when struck from behind Among these factors are the cir- Part of the public outcry arising cumstances surrounding the case, Fri-Sat: 6am-12am by a person driving an SUV. Corner of from this accident is the belief that the insistence of the victims on Sun: 7am-11pm Except for the initial report of the the driver was not "cited" with a Salt Lake County Sheriff’s deputy prosecution, how egregious the moving violation. However, not incident is, the ability to obtain a 9th East and responding to the accident, no fur- all citations need to be, nor are ther details are available or have conviction, and the interests of the they, issued at the scene. Rather, public to be protected. But ulti- been released. The matter is still the involved law enforcement 9th South under investigation. More on that mately, it is the District Attorney’s agency has the authority to file office, not the family or anyone later. charges well after an incident has Preliminarily, it is appropriate else, who will decide if the driver 355-3425 occurred. In this case, a call to the will be prosecuted. to clear up some confusion regard- Salt Lake County Sheriff’s office ing the legal aspects of this acci- Cyclists believe, and rightfully revealed that this matter is till so, that despite laws to the con- dent. An accident of this nature under investigation. Blood tests of raises two possible legal proceed- trary, they are viewed and treated the driver are being conducted, by many, including law enforce- ings. First, there is the criminal and results are still being awaited. Cover Photo: Bart Gillespie flying through the barriers at matter of whether or not the driver ment officials, as second-rate citi- Wheeler Farm in the Utah Cyclocross Series Opener on The results of those tests will cer- zens on the roadways. This terri- of the vehicle is to be charged and tainly influence the charges that October 3, 2004. prosecuted with violating the law. ble incident makes it clear that the may be brought against the driver. laws protecting cyclists need to be Photo: Dave Iltis The word "criminal" may seem For that reason, the Salt Lake harsh to some, as it is likely that enforced. Until those injuring, See more photos from the Utah Cyclocross Series maiming and killing cyclists are in cyclingutah.com’s photo gallery. prosecuted for violating these laws, this indifference and inatten- tion of drivers will not be abated. cycling utah The circumstances surrounding P.O. Box 57980 Ms. Johnson’s death are com- Murray, UT 84157-0980 pelling. It is hard to imagine how, www.cyclingutah.com having been struck from behind, she could in any way be at fault. You can reach us by phone: (801) 268-2652 She had the right to be on the Our Fax number: (801) 263-1010 road, and it seems readily apparent that the driver was, at a minimum, Dave Iltis, Editor & Advertising inattentive. That, plus the impor- [email protected] tant public policy of protecting all persons, including cyclists, who ling uta David R. Ward, Publisher have a right to be on the roads, yc h [email protected] would appear to require prosecu- c tion of one or more moving viola- Robert L. Truelsen, Executive Editor tions against the driver who struck [email protected] Ms. Johnson. That being said, successful Contributors: Greg Overton, Neal Skorpen, Gregg Bromka, Ben prosecution is not going to result Simonson, Michael Gonzales, Tommy Murphy, Greg Steele, Jeff in compensation for Ms. Johnson’s Scott, Jason Bultman, Joaquim Hailer, Lou Melini, Jill Homer, Ron family. It would result, most like- Lindley, Cindi Hansen, Neal Skorpen, Jeremy Merrell, David Bern, ly, in a serious fine and probation Chad Ambrose, Cris Fox, Greg Overton, Ed Chauner and maybe some type of driving improvement class for the driver. However, a successful prosecution Distribution: Michael Gonzales, Rachel Gonzales, David would send a message that cyclists Montgomery, Doug Kartcher have rights to the road, and that (To add your business to our free distribution, give us a call) drivers must be aware of and accord those rights to cyclists. If Administrative Assistant: Lindsay Ross they do not, they may face citation and prosecution. It would also cycling utah is published eight times a year beginning in serve the purpose of assuaging those angered by this tragic inci- March and continuing monthly through October. dent and Ms. Johnson’s resulting Annual Subscription rate: $12 death. (Send in a check to our P.O. Box) But compensation to Ms. Johnson’s family comes about pri- Postage paid in Murray, UT marily through the second type of Editorial and photographic contributions are welcome. Send via email to proceeding, a "civil" (as opposed [email protected]. Or, send via mail and please include a stamped, to criminal) lawsuit against the self-addressed envelope to return unused material. Submission of articles driver by those entitled to bring and accompanying artwork to cycling utah is the author’s warranty that such an action. In Ms. Johnson’s the material is in no way an infringement upon the rights of others and case, this would most likely be her that the material may be published without additional approval. family. While they do not deter- Permission is required to reprint any of the contents of this publication. mine if the driver will be prosecut- Cycling Utah is free, limit one copy per person. ed by Salt Lake County for any © 2004 cycling utah OCTOBER/NOVEMBER 2004 cycling utah.com 3 UTAH NEWS JosieJosie JohnsonJohnson DiesDies AfterAfter BeingBeing StruckStruck ByBy CarCar inin BigBig CottonwoodCottonwood By Jason Bultman experienced, strong, and had a part fish. She swam competi- great personality. In her quiet, tively throughout high school On a windy afternoon on kind sort of way, she would and continued to swim recre- September 18th, 25-year old always challenge all of us to go ationally during her college and Josie Johnson was hammering the extra mile." Once when Ken graduate school training.
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