news story / By Heidi Walters

Gross Negligence?

A sudden change of direction in the prosecution of a cyclist’s death

(June 18, 2009)  A high-profile case involving the death of a beloved community member and bicyclist took a puzzling turn last week in Humboldt County Superior Court, causing some to question the attentiveness of the D.A.’s office and law enforcement.

The preliminary hearing in the case of The People vs. Alan Bear was about to begin last Wednesday in Judge Joyce Hinrichs’ court, when District Attorney Paul Gallegos announced that the most serious of the charges he’d filed against the defendant had just been refuted by the investigating officer.

GALLERY >

The case involves the Aug. 25 incident in which a pickup truck allegedly driven by Bear, 27, of Hoopa, swerved 10 feet into the shoulder off Highway 299, according to the police report, and struck bicyclist and Bureau of Land Management botanist Greg Jennings, 42, of Blue Lake, with the left front bumper as Jennings rode his bike home from work. Jennings, who was wearing a helmet and bright clothing and observing traffic laws, died at the scene.

Gallegos charged Bear with vehicular manslaughter with gross negligence, giving false information to a peace officer and making an unsafe lane change. Bear plead not guilty to the charges.

But immediately before Wednesday’s court hearing, Gallegos was in the hallway outside the courtroom going over the case with the investigating officer, S.W. Hartman of the California Highway Patrol. According to Gallegos, Hartman said he didn’t think the collision involved “gross negligence.” (Gross negligence, under California law, is defined as behavior so extremely careless that it indicates a lack of concern for the consequences.)

That prompted Gallegos to ask for a continuance to June 18, so that he could have the officer interviewed and get a report containing the new “evidence” — the officer’s opinion about the charges — to the defense attorney, Manny Daskal. Judge Hinrichs granted the request.

The doubt over the key charge against Bear sparked concern among the dozen-plus cycling activists who’d come to court with Jennings’ widow, Lisa Hoover. They said they feared the charges would be reduced and that, consequently, Bear might not face jail time. Even after Gallegos had pulled them into a private, extended huddle to explain the situation, they still seemed confused at how things could get this far and then so suddenly change.

Rick Knapp, vice president of the Humboldt Bay Bicycle Commuters Association, said he was disappointed at what he thought looked like “a lack of preparation.”

1 2 3 4 NEXT PAGE >SHARE