Man who struck and killed bicyclist with car in Northfield Township sentenced to probation
A driver who struck and killed a bicyclist with his car last June in Northfield Township was sentenced today to two years of probation.
Joshua Hidey, 23, of Whitmore Lake, who pleaded no contest to negligent homicide, was sentenced by Washtenaw County Circuit Judge David Swartz.
Conditions of the sentence require Hidey work at least 30 hours a week and pay restitution of an amount yet to be determined.
On June 5, Hidey was driving the second of two cars passing a car on Seven Mile Road at about 10:50 p.m. The first car completed the pass, but Hidey's Pontiac Grand Prix did not and struck 53-year-old Duane West's bicycle head-on, police said. West, of Ann Arbor, died at the scene.
West's younger sister, Della, said she's upset Swartz didn't require Hidey to complete community service hours.
"It's a joke," she said. "We get the feeling that Duane's life was worth nothing."
Duane West was the sixth of eight children and grew up in Chelsea. He worked as a handyman and rode his bicycle most everywhere, his family members said.Â
Della West said her brother lived in Ann Arbor and sometimes rode to Chelsea, where he volunteered to mow the lawn of an older man. He also rode his bicycle to Ypsilanti, where he helped a disabled woman with household chores, she said.
"Duane was a good person," Della West said in court. "He did a lot for people..It all could have been avoided if a little patience was used."Â
Two of her sisters also attended the hearing.
Hidey declined to say anything in court when Swartz gave him the opportunity. Hidey's attorney, Erik Mayernick, said Duane West was riding his bicycle down a dark street where there were no street lights and was wearing dark clothing. He also said West didn't have a headlight or proper reflectors on the bicycle.
Mayernick pointed out Hidey had no prior criminal record and was driving below the speed limit. Hidey was traveling about 45 miles per hour in a 55 mile per hour zone, according to testimony during his preliminary hearing.
"There's no indication he was operating recklessly," Mayernick said.
Washtenaw County Assistant Prosecutor Dianna Collins said the back reflector on the bicycle was intact. The front of the bicycle was "so obliterated" that it wasn't possible to determine whether it had a headlight, she said.Â
A Washtenaw County sheriff's deputy testified during a preliminary hearing that Hidey made an improper pass.
"The fact of the matter is the defendant was committing a traffic violation when this death occurred," Collins said.
Lee Higgins covers crime and courts for AnnArbor.com. Reach him by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
swcornell
Tue, Mar 9, 2010 : 12:22 p.m.
Just because Ann Arbor is "Cycle Friendly Liberal" doesn't mean that cyclist can do whatever they want! I almost hit a cyclist at 5 in the morning last winter biking in the road with no lights and it was snowing near Whole Foods. The guy was an idiot!
tracyann
Sat, Mar 6, 2010 : 1:20 p.m.
I agree that in this case the guy was impatient and clearly not passing safely.
ralphypsilanti
Sat, Mar 6, 2010 : 10:27 a.m.
It reads it was inconclusive whether the bike has a front light or reflector, because the bike was so obliterated. Its plausible evidence of any front reflector/light and mounting hardware may have been disintegrated. The illegal double pass would imply the driver was riding the lead cars bumper and would not have had a clear sight of upcoming vehicles (bikes included). Agree: Patience and Share the road.
nonyo
Sat, Mar 6, 2010 : 1:56 a.m.
Once again, it is clearly demonstrated in the 'bike friendly' town, that killing a cyclist is not that big of a deal. Did the driver lose the privilege of driving a car for even a day? I hope that in this case, as in the other recent deaths of cyclists, that the verdict is rectified in civil court.
KJMClark
Fri, Mar 5, 2010 : 10:31 p.m.
Passing someone legally may not be impatience, but serial passing is at least impatience, and more likely aggressive driving. When you're passing someone else, you always have the responsibility to make sure that you can pass safely. When you're following someone else who's passing, your view of the road ahead is blocked by the other passing vehicle. A patient, legal driver will wait until the first driver has finished passing, so you have a clear view of the lane you're going to use to pass and anything coming ahead. If the way ahead is clear, the driver in front of you is traveling slower than the speed limit or a safe speed for the conditions, it's legal to pass at that location, and there's otherwise no reason it would be dangerous to pass, then there's nothing wrong with it. In this case, the motorist couldn't tell that "the way is safe", so he shouldn't have passed until he could tell it was safe. That's at least impatient.
tracyann
Fri, Mar 5, 2010 : 9:51 p.m.
This guy should have gotten more than probation if he was passing illegally, whether he was below the speed limit or not. However, I don't feel that passing someone, legally of course, is being impatient. If someone ahead of me is going under the limit and the way is safe, then why shouldn't I pass? Why does that make me impatient?
Tom Joad
Fri, Mar 5, 2010 : 2:07 p.m.
This driver who now has been convicted of negligent homicide is a powerful example of the need to be patient and prudent when driving. He saved himself a few minutes off his commute or drive at the expense of a $100,000 legal bill, hundreds of hours of community service, time spent in jail, in court or the AGONY of knowing he killed someone by his impatience. Justice wasn't given the victim who is completely blameless as the driver made an illegal pass. Had he followed his driver handbook to the letter he would not have made a recklessly illegal pass.
Carfan
Fri, Mar 5, 2010 : 1:42 p.m.
The driver passed in a double yellow no passing zone of 7 mile road. I was there that night 15 minutes after the accident when Police closed the road. How is this a legal pass?
M.
Fri, Mar 5, 2010 : 1:25 p.m.
HardWorker - The article says the rate of speed at 45 mph came from testimony. Witnesses, police officers, experts testify...not the defense attorney. Where this testimony did come from is still in question, but I believe authorities would try to determine the rate of speed based upon the impact damage. If you compare 45mph to over 60mph (you said speeding, not speed limit) you would see there is a difference in the force of impact. If another car had passed before them also, then my guess is the car BEING passed was going way below the speed limit. It would make sense then that you're also going below the speed limit while passing since you wouldn't have had time to build up the speed to be over the limit.
Griffen
Fri, Mar 5, 2010 : 12:09 p.m.
While the verdict seems light (for the taking of a life), I think the fundamental issues of sharing the road responsibly are not being addressed. As both, a cyclist and driver (cager), I see firsthand how tricky it is to be on either side of this coin. I have witnessed cyclists and drivers doing just unimaginable idiotic things on the road, yet the city (and state) still have no revamped our laws to safeguard both? Don't blame each other, blame the the city for the poor road conditions and the moronic traffic patterns.
lisa bain
Fri, Mar 5, 2010 : 9:14 a.m.
I ride my bike alot around A2. This is a two way street. Biker's don't obey traffic laws and think they own the streets and Motorists on cell phones could care less about the bikers. Either way the biker is going to get hurt or kill in this town. Car versus bike who wins! Riding at night is dangerous, but the guy should have gotten some jail time. He kill somebody on a road who if they were on the side was denfenseless. The saying in A2 is" It not if you are going to get hit, but when you get hit"
HardWorker
Fri, Mar 5, 2010 : 7:57 a.m.
To BCell: That's the hypocresy. Speed limit is a joke to many irresponsible people, but now that there's a tragedy it turns out that the driver was "traveling 45 miles per hour". Really, do you believe everything what a lawyer says? So naive.
belboz
Fri, Mar 5, 2010 : 7:37 a.m.
Come on - the judge is not saying it is ok to kill people. You ruin the credibility of your side of the argument when statements like that are made.... Bottom line - it was an accident. There was a little fault on both sides. It is illegal (and unsafe...) to ride a bike without proper lighting at night. And, it sounds as though a legal pass was not made. Maybe the pass would have been avoided if the bike was lit properly. Both sides made mistakes. It was a tragic accident. Nobody said anyones life was not worth anything.
KJMClark
Fri, Mar 5, 2010 : 7:25 a.m.
The Nicholas Wahl verdict was just and reasonable. This verdict is a sad joke. This driver intentionally broke the law passing illegally. The judge has basically decided that it's ok to kill someone, as long as you do it with your car. It reminds me of Bob Dylan's "The Lonesome Death of Hattie Carroll": "And he spoke through his cloak, most deep and distinguished, And handed out strongly, for penalty and repentance, William Zantzinger with a six-month sentence. Oh, but you who philosophize disgrace and criticize all fears, Bury the rag deep in your face For now is the time for your tears."
zollar
Fri, Mar 5, 2010 : 6:30 a.m.
Bike riders: Stay off high speed roads. Use all safety equipment: Mirrors,bright construction type reflective safety vests and clothing,front and rear lights,helmets,bells and whistles (for riding on sidewalks and bike paths to warn walkers,joggers,other cyclists etc) Be prepared to (using your mirror) immediate leave the road,(jump the curb,ride into the ditch etc.)if a vehicle is approaching from the rear and appears to be passing to close to you. Drivers: Pay attention. Cyclists are not going to stop riding on roads, even high speed roads.There will never be enough bike paths/lanes. Share The Road.
stonecutter1
Thu, Mar 4, 2010 : 10:50 p.m.
The defense attorney didn't stoop to anything. He defended his client as prescribed by LAW! If the police and prosecutor could have clearly proven that the defendant was reckless, they would have never agreed to a plea! Having tried cases in front of Judge Swartz, I can tell you he is a fair and responsible judge. You're letting irrational emotion get in the way of the facts. While it is sad that this man died, it is quite possible(if not likely) that he is somewhat culpable.
Tom Joad
Thu, Mar 4, 2010 : 10:20 p.m.
PATIENCE, indeed. Passing another vehicle on a county road is by its very nature being impatient. So you shave off a few minutes travel time by placing yourself in jeopardy or another driver of a head-on collision, or in this case smash into a cyclist killing him. The slower vehicle in front of you may be unfamiliar with the area and looking for an upcoming road or drive-way. I've experienced this plenty of times driving, an impatient, hot-head has just got to ride your rear. It's tragic that this man lost his life and that the defense attorney had to stoop to a typical low and blame the victim.
BCell
Thu, Mar 4, 2010 : 9:24 p.m.
To Hardworker....read the article..."Hidey was traveling about 45 miles per hour in a 55 mile per hour zone"
HardWorker
Thu, Mar 4, 2010 : 9:06 p.m.
It is so hypocritical to say the driver was below speed limit when passing a car. People constantly violate speed limits; if it is 55, there's always someone going 75. Only an effective enforcement of speed limits would prevent many accidents, or be a fair option of revenue to the local administrations.
zollar
Thu, Mar 4, 2010 : 6:26 p.m.
Tragic.