Cyclist charged in road death - Cycling Mob: Road Cycling, Mountain Biking and More

01-03-2005, 09:49 PM

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Cyclist charged in road death
Police allege misdemeanor violations by victim Serrano's companion

By JOHN GHIRARDINI
The Atlanta Journal-Constitution
Published on: 01/04/05

Gwinnett police filed charges on Monday against a bicyclist whose riding
companion was struck and killed by a car on Peachtree Industrial
Boulevard in August.

Cyclist Brian Mock was cited on misdemeanor charges of riding too far
into a through lane and not having a red reflector on his bike, said
Gwinnett police spokesman Cpl. Dan Huggins.

Anthony Serrano, 35, who was riding with Mock, was struck and killed
about 5 a.m. Aug. 26 by a 1987 Honda Prelude driven by Luke Joseph
Nicolosi, 19, of Alpharetta. Mock received minor injuries; Nicolosi was
unhurt.

According to police investigators, the collision occurred at a part of
Peachtree Industrial where two through lanes adjoin a right-turn-only lane.

Serrano was in compliance with road rules, police said.

Mock was at least 5 feet out into the right through lane, police said.
When Nicolosi tried to evade Mock, he struck Serrano.

Investigators deemed the collision unavoidable, Huggins said, and did
not charge Nicolosi, who was driving within the speed limit. "It was
just a tragic accident," Huggins said.

A local bicycle advocate questioned the charges against Mock.

"My concern is a cyclist being wrongfully charged," said Dennis
Hoffarth, executive director of the Atlanta Bicycle Campaign.

State law allows cyclists to occupy a lane further to the left than
normal if there are unusual circumstances, Hoffarth said. Those include
width of the lane and possible hazards on the road.

The Bicycle Campaign intends to meet with Gwinnett police to clarify the
department's interpretation of the law, Hoffarth said.

###

01-04-2005, 12:12 AM

Tue, 04 Jan 2005 05:49:41 GMT,
<V7qCd.4875$[Only registered and activated users can see links. ].prodigy.com> , "Robert J. Matter"
<[Only registered and activated users can see links. ]> wrote:

>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>department's interpretation of the law, Hoffarth said.

They should bring a rope.
--
zk

01-04-2005, 12:12 AM

Tue, 04 Jan 2005 05:49:41 GMT,
<V7qCd.4875$[Only registered and activated users can see links. ].prodigy.com> , "Robert J. Matter"
<[Only registered and activated users can see links. ]> wrote:

>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>department's interpretation of the law, Hoffarth said.

They should bring a rope.
--
zk

01-04-2005, 12:12 AM

Tue, 04 Jan 2005 05:49:41 GMT,
<V7qCd.4875$[Only registered and activated users can see links. ].prodigy.com> , "Robert J. Matter"
<[Only registered and activated users can see links. ]> wrote:

>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>department's interpretation of the law, Hoffarth said.

They should bring a rope.
--
zk

01-04-2005, 12:12 AM

Tue, 04 Jan 2005 05:49:41 GMT,
<V7qCd.4875$[Only registered and activated users can see links. ].prodigy.com> , "Robert J. Matter"
<[Only registered and activated users can see links. ]> wrote:

>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>department's interpretation of the law, Hoffarth said.

They should bring a rope.
--
zk

01-04-2005, 08:23 AM

Zoot Katz wrote:

>>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>>department's interpretation of the law, Hoffarth said.
>
>
> They should bring a rope.

For who Mr. Judge and Jury? Unless you're privy to more facts then were
in the original post, you can hardly make any kind of judgement on this.

Bicyclists will lose in all car-bike incidents, no matter whose at
fault. So just because it was the bicyclist that lost, it doesn't mean
he wasn't at fault.

Although it does seem a little harsh to give a citation after his buddy
is killed....

Rich

01-04-2005, 08:23 AM

Zoot Katz wrote:

>>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>>department's interpretation of the law, Hoffarth said.
>
>
> They should bring a rope.

For who Mr. Judge and Jury? Unless you're privy to more facts then were
in the original post, you can hardly make any kind of judgement on this.

Bicyclists will lose in all car-bike incidents, no matter whose at
fault. So just because it was the bicyclist that lost, it doesn't mean
he wasn't at fault.

Although it does seem a little harsh to give a citation after his buddy
is killed....

Rich

01-04-2005, 08:23 AM

Zoot Katz wrote:

>>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>>department's interpretation of the law, Hoffarth said.
>
>
> They should bring a rope.

For who Mr. Judge and Jury? Unless you're privy to more facts then were
in the original post, you can hardly make any kind of judgement on this.

Bicyclists will lose in all car-bike incidents, no matter whose at
fault. So just because it was the bicyclist that lost, it doesn't mean
he wasn't at fault.

Although it does seem a little harsh to give a citation after his buddy
is killed....

Rich

01-04-2005, 08:23 AM

Zoot Katz wrote:

>>The Bicycle Campaign intends to meet with Gwinnett police to clarify the
>>department's interpretation of the law, Hoffarth said.
>
>
> They should bring a rope.

For who Mr. Judge and Jury? Unless you're privy to more facts then were
in the original post, you can hardly make any kind of judgement on this.

Bicyclists will lose in all car-bike incidents, no matter whose at
fault. So just because it was the bicyclist that lost, it doesn't mean
he wasn't at fault.

Although it does seem a little harsh to give a citation after his buddy
is killed....

Rich

01-04-2005, 11:21 AM

Robert J. Matter wrote:
> [Only registered and activated users can see links. ]
>
> Cyclist charged in road death
> Police allege misdemeanor violations by victim Serrano's companion
>
> By JOHN GHIRARDINI
> The Atlanta Journal-Constitution
> Published on: 01/04/05
>
> Gwinnett police filed charges on Monday against a bicyclist whose
> riding companion was struck and killed by a car on Peachtree
> Industrial Boulevard in August.
>
> Cyclist Brian Mock was cited on misdemeanor charges of riding too far
> into a through lane and not having a red reflector on his bike, said
> Gwinnett police spokesman Cpl. Dan Huggins.
>
> Anthony Serrano, 35, who was riding with Mock, was struck and killed
> about 5 a.m. Aug. 26 by a 1987 Honda Prelude driven by Luke Joseph
> Nicolosi, 19, of Alpharetta. Mock received minor injuries; Nicolosi
> was unhurt.
>

This the accident discussed in some detail at the time with a strong
suggestion that the second cyclist not the car driver was at fault.

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or

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pk