But late last month it evaporated into nothingness, into a simple jail term.
So, you can booze it up at world-famous Kokkari restaurant, run over a German tourist despite your gf yelling at you to look out, get out of the car to move the German tourist’s bike off of the road (no, not him himself, just the bike, you leave the dude himself to die), get back into the car after switching seats with the gf, and then drive away, and your punishment, years later, will be, what six months, eight months, in county jail because that’s what District Attorney George Gascon is willing to sign off on. No trial, no nothing, just a plea deal.
So what would Joshua Calder have gotten without the hitting and the running and the seat switching? Three months? Community service?
I guess I could try to duplicate this style. First I’d be all, well, I need a new camera, maybe one of these, and then I’d need a new lens, maybe one of these, and then I’d need a PhotoShop coach, maybe someone like David Yu, etc…
So, for equal time, here’s another side to the story:
“SAN FRANCISCO, Jan. 18, 2011 – Petra Linke and Jüergen Schneider-Linke have filed a wrongful death lawsuit (case no.CGC-11-507332 [see SF StreetsBlog]) in San Francisco County Superior Court for the August 13th death of their son, 22-year-old Nils Yannick Linke, a German tourist who was fatally struck by a car while riding his bicycle on Masonic Avenue in San Francisco. The suit, filed by The Veen Firm, names Joshua Calder, the vehicle’s driver; Nicole Mairs, Calder’s girlfriend who was a passenger in the vehicle; and June Soelberg, the vehicle’s registered owner. Calder is facing criminal charges for vehicular manslaughter while intoxicated and leaving the scene of an accident; he remains free on $500,000.00 bail.
“The defendants willfully got behind the wheel of a car after an evening of drinking and struck down Nils as he rode his bike. They left the scene of the accident without rendering any assistance or calling for help. The result is this young man’s tragic death. While Calder is being tried in a criminal court, all of the defendants are also guilty of negligence.” said Kevin Lancaster of The Veen Firm.
On Aug. 13, 2010, Calder and Mairs had dinner in San Francisco, consuming two bottles of wine, a champagne cocktail, a beer and two shots of liqueur. After leaving the restaurant, Calder was driving a Mercedes-Benz, registered to Mairs’ grandmother, June Soelberg. While driving down Masonic Avenue, Calder struck Linke from behind. Linke’s bike had a flashing white light on it.
The complaint alleges that Calder collided into Linke, causing him to hit the windshield before he landed in the street. Calder then pulled the car to the side of the road and checked on Linke, who was convulsing and bleeding from the nose and ears. Instead of rendering aid or calling for help, Calder moved the mangled bicycle to the side of the road, and returned to the car. Mairs took over driving and sped away from the scene of the accident.
A few blocks away, police officers stopped the car. Calder was arrested for driving under the influence; more than two hours after the accident his blood alcohol content was .10 percent. His blood also tested positive for cannibinoids.
Linke was transported by the San Francisco Police Department Medic to San Francisco General Hospital, where he died from his injuries.
“Clearly this tragedy is a direct result of Maris’ and Calder’s blatant disregard for the safety of others. However, this case also highlights the need for safer streets for bicyclists in the city. For years, safety advocates and residents of Masonic Avenue have been attempting to get the San Francisco Municipal Transportation Agency to implement more traffic calming measures in the area. For instance, the area between Fell and Geary on Masonic has ranked as the tenth highest corridor for bicycle collisions for the past five years. Due to the efforts of groups such as Bike NOPA, SF Bike Coalition, Fix Masonic, and others, many changes have been made and more are in the works. The streets should be safe for all roadway users, including bicyclists,” added Lancaster.
The Veen Firm focuses on recovering damages for the catastrophically injured and has since 1975. The firm specializes in catastrophic injury, construction accident, legal malpractice, medical malpractice, negligence, premises liability, product liability, toxic exposure and wrongful death cases. For more information visit: http://www.veenfirm.com“
And here’s some background from last year. (I don’t know how many continuances this case has had, but it’s best for everyone to get it tried quickly, right?)
“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.
“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.”
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….
(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.
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.
(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.”
They’re from a cycling culture different from America’s, that’s for sure.
I was on the sidewalk* by the time they ended up taking up the slow lane of deadly Masonic southbound, languidly cruising side-by-side at about half the speed limit all the way to Fell.
I’m afraid of Masonic, myself. But that’s nothing a little reorganizing couldn’t fix.
Of course our corrupt SFMTA, the worst-run agency in town, has a plan for this part of Masonic. But it’s afraid to implement safety measures quickly and cheaply because that would lower support for what the SFMTA wants to do, which is to wait years and then spend years and eight figures (million$ per block) planting trees and whatnot.
To fight blight, or something.
To make area property owners happy.
Oh well.
At least by then, we’ll have our Target store on Masonic.
Right Charlize and Bullseye?
*As I’ve stated before these people died, all cyclists should be on the wide sidewalks of Masonic instead of actually being on Masonic betwixt Turk and Fulton, generally.
Cf. this shot from the Chronicle’s Frederic Larson - showing why you generally want to keep your white people skin tone magentas lower than the yellows. As always, click to expand.
Hey buddy, get gold or get gone – chest hair is no excuse:
Remember, this type of gathering is Why They Hate Us. Not Fleet Week or nothing, it’s this kind of stuff that They hate. Oh well. Here’s a slide show of photos to ponder. And here’s the post-first, edit-later (Go Go Gorgeous is a person, really? “Kobayash,” is a last name, really?) San Francisco Chronicle’s take, along with 23 photos. And here’s David Yu’s shots.
The cage dancers of Market go rolling up the street. Go Go Gorgeous!
Click to expand
Sandra Gorgeous of GGG, (“a full-service Go Go company“) blowing you a kiss - the whole team is “all about adding that sexy, fun, and friendly energy to good events. Pour some gorgeous into your event!” Available, I’m sure, for weddings, bar mitzvahs….
They had a ton of floats going uptown to Civic Center…
2009 on the left, 1969 on the right. Dude was baked:
Do people really spray paint their Dell Inspiron laptop computers gold and then take them on parade? People do. “Gold! I love goooold!”
And they all ended up in Civic Center, thusly. Just look at all these good-for-nothing pukes clogging up the place – is this why my grandfather fought the Second World War, and spent his weekends on the Jersey shore?
Pretty much.
See you next year!
SF LovEvolution Fast Facts
WHAT: San Francisco LovEvolution : A Dance Music Parade & FestivalLove Week page for more info.San Francisco LovEvolution Event Changes this year : on the need for a $10 entrance fee to the festival site at Civic Center Plaza
WHEN: Love Week starts Wednesday, September 30th with official and affiliated parties each night all week and through the weekend.
The main LovEvolution event is Saturday, October 3rd from 12noon – 8:00pm.
WHO: SF LovEvolution is all ages & all friendly peoples.
WHAT’S MORE: A parade starts from 2nd & Market St. in downtown San Francisco with ~25 floats heading West down Market St. The parade is free and all ages.
THEN WHAT: The floats arrive at Civic Center plaza where they park to becomes 25 stages on a transformed festival grounds with food, beverage, a new live electronic and performance stage, and outstanding revelry. There is a $10 entrance fee to the festival grounds, children under 12 with their parents are Free. All ages welcome. No outside alcohol.
WHY: The entrance fee was necessary for the survival of the event due to significantly higher city related fees. Please read the whole story below!
THERE’S MORE (!): After the festival ends at 8:00pm a number of after parties kick off all over the city, including the Official After Party produced by Skills & Spundae on site at the Bill Graham Civic Auditorium. After parties have their own admission and age policies. See the
LOVE: YES
As anyone who attended last years event knows, SF LovEvolution is now the largest electronic music event in America. Thanks to all those who have faithfully supported us and to the many new Lovers who attended last year. Because of the growth of LovEvolution, however, and to preserve our ability to parade down Market Street and party right in front of San Francisco City Hall, we’ve had to institute a few changes to this years event.
First, because of escalating city fees and the events growth last year, LovEvolution 2009 will require a large increase in all levels of traffic, police, security and medical personnel. This translates into a very large increase in how much money it costs to pull off this special event. As this is a non-profit event with minimal corporate sponsorship, we will be charging a $10 admission to LovEvolution this year in order to pay for the increased staff and other event expenses. We’ve always asked for a $10 donation but since most people do not give, donations are not sufficient to fund and improve the event. In order to be able to continue the event, we received special permission from the city for a $10 admission plan. This is as close to free as we could make it and at $10 for 250 world class DJs, LovEvolution is still the best bargain for an event of this scale in America. **We pay 100% of the costs back to the city, so without this change, we could not have the event. Please note kids under 12 with their parents are FREE. You can also get in free by volunteering. Of course – the parade is FREE to all and the entire event from 12noon- 8:00pm is still ALL AGES.** (After parties will vary by event).
Second, there will be no glass or outside alcohol allowed in the event. This has always been a condition of our permits, but when the event was smaller we never had to enforce. But the site was littered with broken glass last year that presented a safety hazard, so we now have to enforce this policy. This is for all our safety and is no different than at any concert or gated event, so please don’t bring alcohol or glass, it will be confiscated or you’ll be turned away at the gates.
On the bright side, the $10 admission will allow us to continue having this amazing event as well as to add some special production elements in Civic Center plaza. This year we are premiering the LovEvolution Live stage in front of city hall featuring an all out performance by The Mutaytor, and much more tba. The $10 admission will also allow us to reduce prices at our bars since we are now not as dependent upon alcohol sales to pay for the event. We’ll also be eventually eliminating entry fees fees for the floats so producers can make their floats even better. And YES – there will be ins and out allowed. And YES, kids under 12 with their parents are FREE.
Last but not least, the $10 admission will allow us to increase the amount of our non-profit contributions to other worthy organizations. Non-profits that received funds last year and/or we expect to donate to this year include:
Friends of the Main Library
Next Aid
Aids Housing Alliance
The Center for Sex and Culture
Beat University Scholarship Fund
Black Rock Arts Foundation
Bay Area Young Positives
Burners Without Borders
San Francisco Suicide Prevention/HIV AIDS Nightline
Alpha Phi Omega Fraternity
Phi Kappa Tau Fraternity
Thanks for your support and looking forwarding to a fabulous LovEvolution 2009!!
I don’t know, I’m the last person who’s going to die from the flu so that’s why I don’t get a shot when the new doses come out every year. I’d be taking a shot from someone who needs it more than I, right?
Yes, this looks like a truck, but it doesn’t carry anything except the message on its side:
Click to expand
Nice black power salute (or actually, blueredmustard-united power salute) motif tho, DPH. Very street, very gritty.*
In closing, I don’t know, is this how you roll, DPH? Really?
I’ll tell you, I’m ignorant of any changes made by the City and County at or near the intersection of Turk and Masonic (before or) after the night Nils Yannick Linke was killed that would have changed anything.
Anyway, consider the below a kind of opening statement if the wrongful death suit doesn’t settle.
The intersection of Turk and Masonic:
Click to expand
“SAN FRANCISCO, Jan. 18, 2011 – Petra Linke and Jüergen Schneider-Linke have filed a wrongful death lawsuit (case no. CGC-11-507332 [see SF StreetsBlog]) in San Francisco County Superior Court for the August 13th death of their son, 22-year-old Nils Yannick Linke, a German tourist who was fatally struck by a car while riding his bicycle on Masonic Avenue in San Francisco. The suit, filed by The Veen Firm, names Joshua Calder, the vehicle’s driver; Nicole Mairs, Calder’s girlfriend who was a passenger in the vehicle; and June Soelberg, the vehicle’s registered owner. Calder is facing criminal charges for vehicular manslaughter while intoxicated and leaving the scene of an accident; he remains free on $500,000.00 bail.
“The defendants willfully got behind the wheel of a car after an evening of drinking and struck down Nils as he rode his bike. They left the scene of the accident without rendering any assistance or calling for help. The result is this young man’s tragic death. While Calder is being tried in a criminal court, all of the defendants are also guilty of negligence.” said Kevin Lancaster of The Veen Firm.
On Aug. 13, 2010, Calder and Mairs had dinner in San Francisco, consuming two bottles of wine, a champagne cocktail, a beer and two shots of liqueur. After leaving the restaurant, Calder was driving a Mercedes-Benz, registered to Mairs’ grandmother, June Soelberg. While driving down Masonic Avenue, Calder struck Linke from behind. Linke’s bike had a flashing white light on it.
The complaint alleges that Calder collided into Linke, causing him to hit the windshield before he landed in the street. Calder then pulled the car to the side of the road and checked on Linke, who was convulsing and bleeding from the nose and ears. Instead of rendering aid or calling for help, Calder moved the mangled bicycle to the side of the road, and returned to the car. Mairs took over driving and sped away from the scene of the accident.
A few blocks away, police officers stopped the car. Calder was arrested for driving under the influence; more than two hours after the accident his blood alcohol content was .10 percent. His blood also tested positive for cannibinoids.
Linke was transported by the San Francisco Police Department Medic to San Francisco General Hospital, where he died from his injuries.
“Clearly this tragedy is a direct result of Maris’ and Calder’s blatant disregard for the safety of others. However, this case also highlights the need for safer streets for bicyclists in the city. For years, safety advocates and residents of Masonic Avenue have been attempting to get the San Francisco Municipal Transportation Agency to implement more traffic calming measures in the area. For instance, the area between Fell and Geary on Masonic has ranked as the tenth highest corridor for bicycle collisions for the past five years. Due to the efforts of groups such as Bike NOPA, SF Bike Coalition, Fix Masonic, and others, many changes have been made and more are in the works. The streets should be safe for all roadway users, including bicyclists,” added Lancaster.
The Veen Firm focuses on recovering damages for the catastrophically injured and has since 1975. The firm specializes in catastrophic injury, construction accident, legal malpractice, medical malpractice, negligence, premises liability, product liability, toxic exposure and wrongful death cases. For more information visit: http://www.veenfirm.com
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
