Posts Tagged ‘manslaughter’

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.”

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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:

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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.

The Start of a Streetside Shrine for Nils Linke, Killed at Turk and Masonic on Friday

Monday, August 16th, 2010

[UPDATE: SF StreetsBlog has details just disclosed by the SFPD:

“SFPD spokesperson Lt. Lyn Tomioka said Joshua Calder faces charges of gross vehicular manslaughter while intoxicated, DUI, felony hit-and-run causing death and no proof of insurance.”]

Here are the details of the collision last Friday at Turk and Masonic that resulted in the death of 21-year-old cyclist Nils Linke of Germany.

And here is the scene last night, at the beginnings of a streetside shrine near where the collision occurred:

[UPDATE: It’s bigger now.]

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And here are some of the posters at the intersection:

We should soon find out why the SFPD is charging the driver with vehicular manslaughter.

21-Year-Old Cyclist Nils Linke Killed at Intersection of Turk and Masonic – Purported Hit and Run

Saturday, August 14th, 2010

[UPDATE: Joe Eskenazi has the update.]

Brent Begin and BIKE NOPA have the details of last nights fatal collision on Masonic Avenue near Turk Street and Golden Gate Avenue.

The intersection of Turk and Masonic as it appears today.

Looking northwest:

Blue EMT gloves and burned-out flares are the only indication of yesterday’s fatal collision:

Apparently, the driver of a 1989 Mercedes Benz was booked on vehicular manslaughter charges last night. That’s it for details for now.

Oscar Grant Verdict: SFPD Takes a Stab at Community Relations in the Western Addition

Wednesday, July 7th, 2010

The SFPD is trying to prepare for the aftermath of the upcoming Oscar Grant verdict.

This was the scene at the Ella Hill Hutch Community Center in the Western A today:

Click to expand

I don’t know, I think that problems, if any, will spring up near BART stations.

Anyway, they’re trying…

“Be Heard, Teach Peace!”
July 6-8, 2010 SF Community
Outreach Engagement Event

Three, one day events, each day held at a different location:

  • Tuesday – July 6, 2010 from 12:00pm to 6:00pm at the Joseph Lee Recreation Center, 1395 Mendell Street
  • Wednesday – July 7, 2010 from 12:00pm to 6:00pm at the Ella Hill Hutch Community Center, 1399 McAllister Street.
  • Thursday – July 8, 2010 from 12:00pm to 6:00pm at the Visitacion Middle School, 450 Raymond Street.

Activities Planned at Each Location:

  • Write message to the San Francisco Community
    • Express your opinions and feelings
  • Free hotdog, food, and drinks
    • Paid for with donations from APOA, OFJ, and businesses
  • Open “microphone” speaker forum
    • Encourage youths to speak-out
  • Provide grounds and equipment for sports
    • Allow youths to engage in athletic games

BIKE NOPA Has Details on the Death of Pedestrian Melissa Dennison at Fell and Broderick

Monday, February 8th, 2010

BIKE NOPA has just posted details on the SFPD police report and the District Attorney’s response to the death of pedestrian Melissa Dennison, killed by a collision at the intersection of Fell and Broderick on September 15th, 2009.

The intersection of Fell and Broderick

Memorial for Fallen Pedestrian Melissa Dennison Set for Tuesday Night at Ocean Beach

Friday, September 25th, 2009

A San Francisco memorial for Melissa Dennison is set for Tuesday, September 29th, 6:00 PM at Ocean Beach (somewhere near the Beach Chalet, most likely). All the details are/will be here on this Facebook entry. From FB:

“Please join me in paying tribute to this bright star.all are welcome.please bring any music,poetry,ect. that melissa liked or that remind’s you of her.and please pass this on to anyone who might have know melissa. any network friends,ucsb,ucsf,etc. thank you.=i’m not sure exactly were on the beach it is going to be,i cant reserve a fire pit.i just need to go early and save one.if anyone wants to help in any way firewood,passing this on,food.you are more than welcome. p.s. this is a drug and alcohol free event.”

The scene at Fell and Broderick:

IMG_6573-copy1

 

Death of Melissa Dennison at Fell and Broderick Considered an Accident by SFPD Lt.

Monday, September 21st, 2009

Read this bit here over at BIKE NOPA to see that at least one SFPD lieutenant doesn’t consider the death of pedestrian Melissa Dennison to be a case of vehicular manslaughter. According to Lt. Ramlin of Park Station, at this point:

“There is no determination that it was manslaughter.”

The memorial at Fell and Broderick as it appeared a few days ago:

IMG_6573-copy

(Personally, I think when people use the term “speeding” in regards to traffic on Fell and Oak, they’re not saying what mean. Are they talking about cars literally going more than 30 mph? It’s not clear.)

The police report should be coming out soon…