Posts Tagged ‘candles’

The Union Square Apple Store Becomes a Late-Night Post-It Note Shrine for Steve Jobs, 1955-2011

Thursday, October 6th, 2011

The scene this morning on Stockton Street via hard-working, early-rising ABC7 News reporter Amy Hollyfield:

AmyHollyfield - click to expand

Joshua Calder’s Mouthpiece Has Gotten Four Continuances? Learn About the Tragic Death of Nils Linke on Craigslist

Wednesday, December 29th, 2010

The writer of a recent Rant and Rave on craigslist jumps to a few conclusions but also offers helpful information about how the owner of the car that killed cyclist Nils Linke in August has not yet been charged with any crime (will a different DA make a different call? Mmmm…) and about how the long march to justice has been interrupted four times already.

We’ve certainly failed German visitor Nils Linke, whether by

California’s dram shop laws specifically written to shield restaurant owners and workers from liability pretty much no matter how they behave, or

by city engineers who refused to do anything about the safety situation on southbound Masonic at Turk because, for some reason, they’d prefer to do an aesthetic makeover for $20,000,000.00(!) in a couple or three or four years and they want to use safety as a rationale so they’re not about to increase safety quickly and cheaply cause that will lessen the impetus for the aesthetic changes that local property owners want, or

by a DMV and court system that considers driving a right and not a privilege. (Some other countries have a different approach of course)

Oh well.

Anyway, here’s the post from yesterday:

“The tragic death of Nils Linke

Date: 2010-12-28, 1:15PM PST

Asking Bay Area cyclists to write letters to the DA in the Nils Linke case.

According to news reports, Joshua Calder (and his girlfriend) drank two bottles of wine, multiple shots of liquor and after-dinner drinks, before driving home.

He then hit Nils Linke of Germany who was riding a bicycle.

After getting out of the vehicle to move the bicycle, Mr. Calder changed places with his girlfriend, to conceal the fact that he’d been at the wheel.

They left Nils to die, not stopping to offer any assistance or to call for an ambulance. Sadly, she is not being prosecuted as well.

Mr. Calder’s friends and family are now trying to paint him as a responsible individual who made a tragic mistake and is remorseful, when drinking that much and taking the wheel shows a callous disregard for anyone but yourself.

Please write and ask that Mr. Calder be prosecuted to the full extent of the law. LETTERS WILL HELP. A prosecutor is much less likely to make any sort of deal if they think the public is closely following this case. The case has been continued 4 times, no doubt in an attempt by Calder’s attorneys to keep it out of the public eye.

Michael Swart
San Francisco District Attorney’s Office
Hall of Justice
850 Bryant Street, Room 322
San Francisco, CA 94103

News articles about the case:
http://www.sfexaminer.com/local/crime/2010/11/german-cyclist-s-death-found-be-homicide

http://www.sfexaminer.com/local/hit-and-run-driver-reportedly-had-large-alcohol-tab-hitting-cyclist

What, Exactly, is Drunk Driver Joshua Calder Remorseful For? The Killing, the Running, the Bike Moving?

Tuesday, November 30th, 2010

Brent Begin continues coverage of Joshua Calder’s vehicular homicide on Masonic Avenue on August 13th, 2010.

Now, one of the lessons for defense teams from the Johannes Mehserle case has got to be the importance of making a display of  remorse early on, before all the details are even established, through proxies if need be. Thusly

Josh is so remorseful for what happened, and I know that the memory [of] the events of that horrific night eats Josh up daily,” his girlfriend said. “Every moment, Josh’s thoughts and prayers go out to the family of Nils Linke.”

I wonder, is there anyone else out there remorseful for her actions on that night?

The Ghost Bike of Nils Yannick Linke:

Nils Yannick Linke, RIP:

Wow, Brent Begin Reports on Nils Linke’s Killer: Kokkari Boozing, Bike Moving, Seat Switching

Friday, August 20th, 2010

Wow, writer Brent Begin is all over the case of Nils Linke, who was  killed in a collision with the Mercedes-driving Joshua Calder last Friday. Here are the latest allegations made public.

First the “booze-soaked dinner” at Kokkari:

“Investigators pulled the receipt for the meal, which included two bottles of wine, shots of liquor and after-dinner drinks, according to documents.”

And then the alleged seat switching:

“Witnesses report seeing Calder smash into the back of Linke and his bicycle, then getting out of the driver’s seat, moving the bike to the side of the road, then switching seats with his girlfriend before fleeing the scene.”

Click to expand

Was the SFPD able to pull prints off of the bicycle? If so, this is not your typical hit-and-run felony case, that’s for sure.

Wonder how up-to-speed the staff at Kokkari is about California law. We may soon find out….

CA Business and Professions Code 25602:

(a) Every person who sells, furnishes, gives, or causes to
be sold, furnished, or given away, any alcoholic beverage to any
habitual or common drunkard or to any obviously intoxicated person is
guilty of a misdemeanor.
   (b) No person who sells, furnishes, gives, or causes to be sold,
furnished, or given away, any alcoholic beverage pursuant to
subdivision (a) of this section shall be civilly liable to any
injured person or the estate of such person for injuries inflicted on
that person as a result of intoxication by the consumer of such
alcoholic beverage.
   (c) The Legislature hereby declares that this section shall be
interpreted so that the holdings in cases such as Vesely v. Sager (5
Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter
v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior
judicial interpretation finding the consumption of alcoholic
beverages rather than the serving of alcoholic beverages as the
proximate cause of injuries inflicted upon another by an intoxicated
person.

CA Business and Professions Code 25602.1:

Notwithstanding subdivision (b) of Section 25602, a cause
of action may be brought by or on behalf of any person who has
suffered injury or death against any person licensed, or required to
be licensed, pursuant to Section 23300, or any person authorized by
the federal government to sell alcoholic beverages on a military base
or other federal enclave, who sells, furnishes, gives or causes to
be sold, furnished or given away any alcoholic beverage, and any
other person who sells, or causes to be sold, any alcoholic beverage,
to any obviously intoxicated minor where the furnishing, sale or
giving of that beverage to the minor is the proximate cause of the
personal injury or death sustained by that person.

CA Civil Code 1714:

(a) Everyone is responsible, not only for the result of his
or her willful acts, but also for an injury occasioned to another by
his or her want of ordinary care or skill in the management of his or
her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or
herself. The design, distribution, or marketing of firearms and
ammunition is not exempt from the duty to use ordinary care and skill
that is required by this section. The extent of liability in these
cases is defined by the Title on Compensatory Relief.

(b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.

(c) No social host who furnishes alcoholic beverages to any person
may be held legally accountable for damages suffered by that person,
or for injury to the person or property of, or death of, any third
person, resulting from the consumption of those beverages.

A Ghost Bike Appears at the Streetside Shrine for Nils Linke, Killed at Turk and Masonic Last Week

Thursday, August 19th, 2010

The streetside shrine for Nils Linkeaka Yannick among his friends, now has a ghost bike.

[UPDATE: It's a mystery to me where it came from. See comments.] Seems as if this was a project from The Derailleurs: San Francisco Bay Area Bike Dance. A memorial ride is planned.

This is the scene at the intersection of Turk Street and Masonic Avenue this afternoon:

Click to expand

The four handbills reprinting news reports taped to poles in the area were methodically taken down, but this bike will be harder to remove so it should stick around a little longer.

R.I.P. Yannick.