by David on February 6, 2013
Earlier this week, we learned that a grand jury decided not to indict the driver of the truck that stuck and killed bicyclist Alexander Motsenigos in Wellesley last August. We are outraged at this result, and our hearts go out to the Motsenigos family who must suffer this injustice on top of their loss. We are trying to understand how this happened, in what would appear to be a clear case of motor vehicle homicide. Here is what we know:
- The Wellesley Police Department performed a thorough investigation beginning immediately following the crash. They interviewed witnesses, collected evidence at the scene, reviewed traffic camera video, executed a search warrant at the company that owns the truck, impounded the truck, and performed extensive forensic analysis on the truck. Police tracked down the driver and interviewed him at his home the next day, and concluded that he was not being truthful in his account of the incident. They performed a simulation of the crash using the truck, a bicycle, and an officer the same size as the driver to determine what the driver could have seen. You can read the entire report of the investigation here, but be warned that it is graphic and disturbing.
- The police filed a variety of charges against the driver, including motor vehicle homicide. The driver was also charged for Unsafe Overtaking of a Bicyclist, a law passed as part of MassBike’s 2009 Bicyclist Safety Act.
- Prosecutors presented the case to a grand jury, which, in December, declined to indict the driver, effectively bringing an end to the investigation. Grand juries are county-wide, and closed to public view, so we will never know who was on the jury, what evidence was presented, or what was said in jury deliberations. The grand jury would have been composed of citizens from multiple communities in Norfolk County.
- The Motsenigos family has filed a civil lawsuit against the driver and the companies that own and operate the truck.
So what went wrong? Based on the information available to us, it appears that the police and prosecutors took this case very seriously, and performed a thorough and professional investigation. Ultimately, the decision was in the hands of the grand jury and we cannot know what was in their minds. We can and should assume that the grand jurors took their job seriously – they are constantly reminded of the gravity of their decisions. But we can assume that many of them, perhaps all of them, are not cyclists – we represent a growing, but still small proportion of the population. We can be certain that most of the jurors, probably all of them, are drivers – most people, including most bicyclists, are.
I will speculate that some, perhaps all, of the jurors put themselves in the place of the truck driver and asked themselves the question “should I face felony criminal charges if I accidentally hit a bicyclist?” And in the world as it exists today, with bicyclists forced to mix with cars and trucks on roads that were not designed to be shared, and inadequate education of both motorists and bicyclists, those jurors might have decided it would not be fair to hold the truck driver accountable. The system did not fail us, but our fellow citizens did.
This is a cultural issue, where most people still view bicyclists (if they think about us at all) as daredevils and people on the fringe of society. They do not yet see us as vulnerable individuals sharing the road, people like them who deserve greater protection and vigilance. We need to get past this cultural divide, get more rapidly to the point where bicyclists are as accepted and respected as any other person on the road. We are working on this culture shift at MassBike, and we are thinking hard about how to accelerate it. We need your help, first with your ideas, and later with your participation as we move forward.