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Sentence of Two Years in Cyclists’ Deaths for Kenneth Bain: More

December 23, 2009

The families of Michael Alfaro and Meredith Hatch are left wondering what a life was worth.  Kenneth Bain killed Alfaro and Hatch when he drove his Lincoln navigator into them while smoking marijuana after a night of drinking at a bachelor party.

He plead guilty to one charge in exchange for a 2 year sentence.  On Thursday District Judge Lewis sentenced him to 10 years of deferred adjudication probation in the second case.. .. Meaning if he is a “good boy” all charges will be expunged from his record after 10 years.

One condition of his probation, is that Bain must report to jail for 10 days at Christmas and eight days for the victims’ birthdays for 8 years after he is released from prison.  He is not eligible for parole.

MORE: Yesterday an attorney representing the Hatch family contacted me.  The Hatch family is filing civil charges against Kenneth Bain.  They were very interested in getting the copy of Bain’s father’s letter to Governor Rick Perry urging him to Veto SB488–the Safe Passing Bill that had overwhelming bi-partisan support.

Bain’s Dad wrote to Perry, ” The proposed law to fine drivers passing too close to bicyclists is absurd.  I bike all the time and am smart enough to stay off the streets.  Roads are for vehicles not slow bikes.  i want more bike trails.  This law will drive a larger wedge between motorists and bikers.  You will have radical bikers taking license numbers of cars and reporting them because they thought they passed too close.  If you sign this bill you are letting a smaill minority rule the voting masses and it will not sit well at election time I can assure you.  let the bill die. ”

Ken Bain Sr. wrote this letter AFTER his son mowed down the two cyclists.

So my question is, since Ken Bain wants more Bike Trails, do you think he might fund some?  Bike Texas, and IMBA–let’s look into that!  Will he now vote for Perry in the primary since Perry granted his veto wish?

Perhaps, had SB488 been in affect before that crash, prosecutors would have more tools in their chest to lengthen this sentence.  Thank you Austin City Council for passing our own Safe Passing ordinance.  Now it’s time for other cities to follow suit.  Governor Perry needs a little reminder that we’re organized, and we vote.  If you haven’t already signed the petition please do.  The numbers are climbing.

Cyclists can make a difference in the upcoming primary.  We’re organized, and we vote.  Lawmakers take note.

Leslie Luciano

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7 Comments leave one →
  1. James permalink
    December 23, 2009 11:38 pm

    What’s absurd is the loss of connection with humanity that happens for so many people who get behind the steering wheel of a motor vehicle. There are no longer people outside the car they are in, only things in their way.
    My entire life was permanently changed due to a motorists neglect and oversight while commuting on my bike. I lost a job, a … See Morecareer, function and many abilities. I’m lucky not to have lost my life, but 15 months later I am still recovering from the injuries, and all the guy in the car had wanted to know was “what about this damage to my car?” .. well I told him he could just fuck off as I was leaving to get medical care.
    This Kenneth Bain and his father are obviously a couple of real bastards with no sense of accountability .. but the scary thing is that they are everywhere! and still breeding more!!

  2. Jason permalink
    December 24, 2009 5:49 pm

    Wow – “ATX”. You really know how to swear. We are all challenged and invigorated by your unique perspective.

    I drive a fast car, and pretty much *everyone* goes slower than I want to. It sounds like, using you logic, that gives me the right to hit them with my car. It also sounds like, using you logic, if I get in a really big vehicle, like a Suburban, than anyone who I kill that’s driving, say, a Miata, was automatically at fault for using a less powerful lighter vehicle.

    – Merry X-Mas man.

  3. Scott permalink
    December 25, 2009 1:29 am

    ATX is a pissed off something alright… just not an informed one.

    Cyclists have the right to the road, it is the LAW. READ IT.

    http://bicycleaustin.info/laws/tx-bike.html

    Bigger and faster does not give you more rights, it gives you more responsibilities to watch out for what the hell you are doing.

    You don’t run garbage trucks and postal trucks off the road because they are slower do you? You don’t run down pedestrians because they take to long to cross the road… or do you?

    IF you actually own a bike, or even if you do not, Learn the law, learn responsibility for you actions. Understand that the 10 seconds a bike might delay your trip isn’t grounds for use of lethal force.

    You obviously suffer from extreme “goal interference”, try to use a bit of logic and recognize that a slight inconvenience is just that… a simple delay. The percentage that cars delay your trip far far far outweigh any delay cyclists do.

    I commute 15 miles a day with a portion on the local freeway (legally). In the evenings, I am often moving faster than the motorized traffic because the majority of drivers follow to closely, and aren’t paying attention… and any slight oops and bang… accident and it all comes to a halt. I continue on my way along the shoulder cruising at double to triple the speed of the cars/trucks/buses because YOUR type are in to much of a rush and hit and kill fellow drivers. Then get home and have the balls to blame cyclists for slowing you down. Cyclists aren’t the ones killing 35K+ people a year in the US… Motorists are. And pretty much every single one of those deaths is completely avoidable is drivers just DROVE and followed the rules. Driving up on a sidewalk isn’t in the rules…

  4. Jason permalink
    December 26, 2009 10:38 pm

    Perhaps we should just avoid feeding the trolls around here huh? =)

  5. Stephen Johnson permalink
    December 27, 2009 4:34 am

    ATX,

    It’s your “opinion” that roads are built for cars. That is your “opinion”, your “perspective”. If you ask the people that actually build roads, they’ll tell you that roads may have been built for cars but they are now being modified to accomodate bicycles. Those highway engineers employed by the state, the county, and the city will tell you that in “fact” rather than “opinion” roads are built to accomodate both cars and bicycles.

    You’re the guy paying their salaries with your tax dollars. I’m talking about your tax dollars paid when you fill your gas tank, when you register your car and those sales tax dollars you pay when you buy that expensive luxury car.

    I just want to say thanks. I appreciate you spending those tax dollars for my benefit when I go for my morning bike ride every morning around Austin. You da man!!

  6. roostertx permalink
    December 28, 2009 4:11 pm

    I have removed ATX’s comments from the blog temporarily due to foul language. While I realize this is a heated topic please refrain from the use of curse words or inflammatory language in your comments.

    I have given ATX the opportunity to make those changes and repost their comments.

    Carter
    Marketing Director
    Bicycle Sport Shop

  7. Kindoalkun permalink
    August 14, 2010 7:45 pm

    I live in a small college town and constantly have to avoid mowing down people on bicycles. I don’t care what the law says, it’s stupid to drive a bicycle around cars. Actually, it’s more than stupid, it’s DANGEROUS and can get you killed. People on bicycles, and frankly even motorcycles, are taking their lives into their own hands. It should be illegal to ride a bicycle anywhere near a car.

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