Need some Help with this: Austin Police Officer Hits Motorcyclist with...

[RainMaker]

...his cruiser!!!

http://www.kvue.com/home/Police-release-video-of-officer-hitting-motorcyclist-97694484.html

Let's see - runs a stop sign in a neighborhood while entering data unto his computer, sends an unsuspecting motorcyclist to the hospital - no disciplinary action?

Frisco Dave...any thoughts?

I would appreciate all motorcycle riders flooding the Austin City Council with emails regarding this 007 mentality (license to kill) in Austin.

Here's the link to send an email to all of the city council (I picked "public safety" as the subject from the drop downs):

http://www.ci.austin.tx.us/council/groupemail.htm

Here's what I wrote:

Honorable City Council Members of Austin:

I just read and viewed video of the running down of motorcycle rider Louis Oliver by Officer Damon Dunn on May 29th.  I gather from the information presented that Officer Dunn was too busy entering information into his computer to be driving safely at the time.  For running a stop sign and injuring another driver, the sentence is "no disciplinary action".  Why not?  Was Officer Dunn on an emergency call?  Not if he was driving 10mph.  Was he in a hurry to re-establish a speed trap?  What possible good reason did he have to ignore basic safety principles while driving a large, high horsepower vehicle through an intersection?  If a child had been on a bicycle and been killed as a result of this dangerous behavior, would the "no disciplinary action" still be applied?  Is it simply because it was a motorcyclist that no action was taken? Or was it because Mr. Oliver had the bad luck to survive the encounter that no action was taken? While there are circumstances that should be taken into consideration when law enforcement officers are involved in traffic accidents, this case is simply one of having those in charge of enforcing the law being above it.

The city is responsible and should be paying for all medical, property, pain and suffering damages sustained by Mr. Oliver as a result of this blatant violation of the law by Officer Dunn.  Officer Dunn should be moved to a job that does not require being behind the wheel of a police cruiser.

Maybe it would be a good idea to make him a motorcycle officer so that he can appreciate the dangers presented by inattentive, law-breaking drivers in cars when one is riding a motorcycle. 

I am a past officer of the Valkyrie Riders Cruiser Club and I am warning riders of my club and all others to stay clear of Austin, as it is a city where motorcyclists are second class citizens and the police truly have a "license to kill".


Mark Clauder
Concerned Motorcycle Rider
Arlington, Texas

We already know we can overrun a hospital with emails wishing our fellow riders fast healing.  Now let's flex some muscle and let Austin Texas know it's not OK to run down motorcycle riders.

Thanks!

RainMaker

[Serk]

Anyone have an "In" with the organizers of the ROT Rally?

[..]

Nor did the stupid S.O.B even do a visual cross check as he approached the junction. IF he had he would have seen the bike approaching.

Here's another no action situation in Austin. KEEP THE HELL AWAY FROM AUSTIN

http://www.kvue.com/news/local/Police-investigate-fatal-motorcycle-accident-97807299.html

My email to the morons on the council

No disciplinary action was taken against Officer Dunn.

I hope you get voted out of office.

Before Office Dumb deliberately ran (he chose to pay no attention to his driving therefore his action was deliberate) into the the motorcyclist he did an illegal U turn inside the area of a 4 way stop.

If a member of the public had run into one of your motorcycle police officers would no action have been taken? I doubt it.

Is there a policy that motorcycles are fair game in Austin???
http://www.kvue.com/news/local/Police-investigate-fatal-motorcycle-accident-97807299.html

[Popeye]

My response to the Austin City Council.

This has got to be a joke, right?  If John Q Public had done this, would he get the same treatment? No, they would not. While I admire our LEO's, they should not be above the law.  How would you feel if it was one of your relatives on the bike?  Would you still let Officer Dunn off the hook for being careless?  The city should pay all medical bills for Mr. Oliver.

[Daniel Meyer]

Sent.

Probably on Austin's sh!t list now (too).

Anyone have an "In" with the organizers of the ROT Rally?

It's been a few years since I had any dealings with them...but at the time, it was a promotions company and none of the boss-types even rode.

[RainMaker]

Sent.

Probably on Austin's sh!t list now (too).

Anyone have an "In" with the organizers of the ROT Rally?

It's been a few years since I had any dealings with them...but at the time, it was a promotions company and none of the boss-types even rode.

I'd be honored to be on Austin's sh!t list with you....

[fiddle mike]

Austinites are constantly pissed off at the stupid or brutal antics of their PD.

I"m passing on the video and part of your post.

[Stitch_in_La]

Sent

Chuck

[Slyk Willy]

I'm on it!
here's mine;

It's just NOT ok to run a red light and KILL someone just because you drive a police cruiser. Many states are banning texting, cell phones, other distraction causing products, why is it ok to oporate a moving weapon while using a computer? No disipline? COM-ON!!!!

[fudgie]

Mine. I used some of yours, but with edit.

I just read and viewed video of the running down of motorcycle rider Louis Oliver by Officer Damon Dunn on May 29th.  He recieved "no disciplinary action".  Why is this? As a Medic with a local EMS service, I am responsible for my actions and will be punished as so. I always wanted to visit TX but now will avoid Austin.

[Hoser]

My reply:
You people obviously have no regard for human life, the officer involved should be fired! I love Texas, but they are hurting for a State Capital!

Hoser

[bigguy]

Texarkana Gazette Biker Blog on this subject.
Thanks for the heads up guys.

[tank_post142]

  To city council Austin Tx:
   I have reviewed the dash video of Ofc. Dunn's police cruiser.I can only assume that you have not had this opportunity. Your decision to exonerate the officer despite the obvious neglect,bordering on malice,of his actions, speaks to a long history of abuse of power by southern politicians.Living in South Florida I have seen this attitude in the past, but, thought it had been wiped out by common sense and basic education,obviously I was wrong.
  I urge you to take this opportunity to review the actual evidence in this case and reconsider your misguided decision before someone is actually killed by this ingrate.
   thank you for your time: a lifetime American Legion member, motorcycle rider and American

[Oldswimr]

My note to the mayor.
Here is your message:

Subject: Officer running a stop sign and hitting a law abiding citizen
Categories: personal_message
Comments:
I'm appalled at what I saw in the cruiser dashboard video. And even more appalled that there have been no charges levied against the officer. Had the motorcyclist hit the police officer, I'm certain that this would be handled much differently. I am a 20 year veteran of the US military, and I know that by letting this irresponsible officer walk away unscathed while he has injured a law abiding citizen through his own irresponsibility will set a bad precedent, and will also decrease the cooperation between law abiding citizens and your police force. History will prove me right, and you would do well to review historical data concerning similar incidents. And I'm certain that your city will be sending a representative to court soon, to try and defend this officers actions, in what I'm also certain will prove to be a costly lawsuit, which you will surely lose, or offer a settlement to the law abiding citizen/victim. Shame on anyone in the chain of command that allows this unprofessional behavior to persist. You can do better, but for some maniacal reason, have chosen not to.

[highcountry]

I had lived in Austin for nine yrs and graduated from UT's undergrad and grad programs.  Since Austin uses tickets as a source of revenue, I cannot see them suspending a cop, reducing their revenue stream.  I once saw a cop in my subdivision hiding behind a privacy fence with a handheld radar gun picking off churchgoers returning from their services.  Both of my sons now live there and the younger one got a ticket rolling down a hill into a park doing 20 in 15.  The cop was hiding, picking off drivers at regular intervals.

Austin is definitely not a driver-friendly town today like it was in the early '70s.

I hope that it turns out well for the senior biker.

[B]

DONE.

[B]

I posted the video link and link to the council's comment form on my facebook. Good Luck Texas Club Brothers. Truly unbelievable ... amazing times we live in.
SAFE TRAVELS - B

PS - This was just south of where I grew up ... Ottawa Hills Cop shoots unarmed motorcyclist sitting on his bike at traffic stop. I may have grew up a little naive, but I just never expected to see so much of this blatant disregard for responsibility by the boys in blue.
 
 

Ottawa Hills Police Shoot unarmed Biker in the back	powered by Aeva

[Disco]

Hey B,

What happened to the trigger-happy cop and the guy he shot?

DFG

[RainMaker]

Hey B,

What happened to the trigger-happy cop and the guy he shot?

DFG

I read something about the guy who was shot having his spine severed and the cops claiming he was reaching for a gun which is why they had to shoot him.  Looking over your shoulder is considered provocative behavior in Ottowa Hills.  Means you are reaching for a non-existent gun.

[Serk]

Hey B,

What happened to the trigger-happy cop and the guy he shot?

DFG

The Ottawa Hills police officer convicted of shooting an unarmed man has been sentenced to ten years behind bars.

In May, Thomas Caine White, 27, was found guilty of felonious assault in the shooting of Michael McCloskey during a traffic stop in 2009.  The jury found that the part-time Ottawa Hills officer excessive force in shooting the 25-year-old motorcyclist during the May 23 traffic stop.

News story on it:

http://www.toledoonthemove.com/news/story.aspx?id=472760

As for the victim -

McCloskey suffered serious injuries as a result of the shooting.  He is now paralyzed from the waist down.

[RainMaker]

Hey B,

What happened to the trigger-happy cop and the guy he shot?

DFG

The Ottawa Hills police officer convicted of shooting an unarmed man has been sentenced to ten years behind bars.

In May, Thomas Caine White, 27, was found guilty of felonious assault in the shooting of Michael McCloskey during a traffic stop in 2009.  The jury found that the part-time Ottawa Hills officer excessive force in shooting the 25-year-old motorcyclist during the May 23 traffic stop.

News story on it:

http://www.toledoonthemove.com/news/story.aspx?id=472760

As for the victim -

McCloskey suffered serious injuries as a result of the shooting.  He is now paralyzed from the waist down.

What a horrible ending to the story.  Prayers to McCloskey.

Let's keep up the pressure on Austin.  Maybe we can prevent another tragedy.

[RainMaker]

Check this story out - maybe we should consider such a rally in Austin to protest having Officer Dunn on the street with a loaded cruiser.
http://www.toledoonthemove.com/news/story.aspx?id=460820

[Colin]

I don't know if they will take any notice from someone out of State let alone the US but her is what I wrote to them

Here is your message:

Your Name: Colin Spencer
Your e-mail address: colinsp@tiscali.co.uk
Subject: Officer Dunn's accident
Categories: public_safety
Comments:
I have just watched the dashboard video from Officer Dunn's "accident" and cannot believe that no action is being taken against him. I am a retired Traffic Police Officer from the UK, In my 30 years on the force I was proud to be a Police Officer. During that time I attended many accidents involving Police vehicles and as an Accident Reconstructionist (as you call them) I was involved in the prosecution of officers both by internal discipline and in court. In the circumstances of the video (if they are the whole story which they appear to be) it is an open and shut case. Dunn would have been charged with Dangerous Driving, been suspended from driving Police Vehicles and taken his punishment in a court of law.

This appears to be a case of "double standards" which I abhor and many normal members of the public cannot understand. I do hope that you will reconsider your decision about this officer and his continued ability to drive Police vehicles. I suspect if you allow him to continue to drive Police vehicles you will have other incidents involving him. He needs to have some retraining in driving and the responsibilities that that entails.

As to your law that allows Police Officers to operate the computer whilst driving I would suggest that following this incident that you consider repealing it. There was no need for this officer to be using his computer IN THIS WAY whilst driving. He could have stopped and entered the data. It would have been a different matter if he was taking a call or doing a check BUT he wasn't. This dangerous action should be stopped now for your own safety as well as that of the public.

I am due to visit friends in the US including your state next year. I will ensure that I do not visit your city as I do not want to be the victim of a similar "accident".

I look forward to reading your response.

___________________

I doubt they will bother to reply as bureaucrats that can allow an injustice like this obviously do not care about the public that they are sworn to serve.

[RainMaker]

Thanks, Colin.  I think any comments from potential visitors to Austin, no matter where they live in the world, are going to be effective.  Giving Austin a black eye worldwide is not something that the city council would ignore. 

RM

[RainMaker]

One more note on this subject:

If this officer had hit and killed a child on a bicycle, there is no doubt the public and city would have reacted differently, not indifferently. 

If a car pulls out in front of a motorcycle and the bike is crunched, all the cage driver has to say is “I didn’t see him” to get a  “get of jail free” card. Or so it seems.

Cars should not have a monopoly on city streets. If there are laws that are unenforced just because a motorcycle is involved, then there is no law and it’s open season on bikers. 

If you think you have a right to ride a motorcycle on a public road and be protected by the same laws established for cagers, then you can’t sit back and do nothing. Please send emails to the Austin City Council and stir up your friends to do so as well. Post it to your Facebook, Twitter, MySpace, LinkedIn, etc. 

If few complain, then this will simply be swept under the rug and Mr. Oliver will always be a victim.   :'(

The link again:

http://www.ci.austin.tx.us/council/groupemail.htm

Don't let this die without putting up at least a little bit of a fight. 

Thanks

RainMaker

[B]

Yes the biker... A friend of my cousin is paralized. The cop is awaiting appeal ... OUT ON BAIL. 

[Bobbo]

Yes the biker... A friend of my cousin is paralized. The cop is awaiting appeal ... OUT ON BAIL. 

I’m very sorry to hear that it is confirmed that he is paralyzed.  I hope there will be a sizeable civil lawsuit brought upon the officer and his department.  This should have never happened.

[B]

I THINK BIG BROTHER IS WATCHING...

So I posted links to the police dash cam video from the Austin incident and the link to the Austin CIty Council on my Facebook page last night and it is officially gone today.

WTH is up with that?   

[Hoser]

Obviously got tired of our comments, took it down, so now it will just go away?  Hope somebody got it on You tube.  Hoser
http://carlosmiller.com/2010/07/06/austin-cop-who-ran-stop-sign-and-hit-motorcyclist-wont-be-disciplined/
Found a new link.

[RainMaker]

Motorcyclist hit by APD speaks publicly for the first time.

http://www.kvue.com/news/Motorcyclist-hit-by-APD-speaks-publicly-for-the-first-time-97990364.html

He might lose his leg - still in the hospital.  The city is capping his recovery.  This sucks.

[B]

It appears the cops are exempt from the Austin Law/COde ... imagine that!

<exert from link>
Austin City Code Title 12-1-34, Item A addresses the controversial issue of electronic messaging while driving and reads: "A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle."

However, just below that, in Item C, the code reads: "This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity."

[Daniel Meyer]

A friend on one of my boards got a response from APD. (I removed my friend's name/email from the quoted text)

311 - Officer Collision With Motorcyclist
----- Original Message -----
From: APD PIO
To: ---
Sent: Friday, July 09, 2010 7:18 AM
Subject: RE: 311 - Officer Collision With Motorcyclist


It is unfortunate that you are not fully informed on this situation.  The internal
investigation is ongoing regarding this crash.  Once it is complete and a
determination is made regarding his responsibility, he will then face disciplinary
action if appropriate.  Just as with any other citizen, the issue of due process
must run its course.

Austin Police Department
Public Information Office



--------------------------------------------------------------------------------
From: Austin 311 [mailto:Austin311@ci.austin.tx.us]
Sent: Friday, July 09, 2010 2:13 AM
To: APD PIO
Subject: FW: 311 - Officer Collision With Motorcyclist



Please review the below email and contact the citizen regarding their request.
Please let us know if you have any further questions.

 

Thanks in advance for your assistance.

 

Sincerely,

 

Kedrick Stanley

Austin 3-1-1



--------------------------------------------------------------------------------
From: ---
Sent: Thu 7/8/2010 7:08 PM
To: Austin 311
Subject: 311 - Officer Collision With Motorcyclist




THIS EMAIL WAS GENERATED VIA THE COA311 WEBSITE.

Date/Time Submitted: Thursday, 7/8/10, 1908 hours
From: ---
E-mail address: ---
Subject: Officer Collision With Motorcyclist
Comments:
I seen the report on the news where one of your officers playing with his computer
ran a stop sign and hit a 70 year old man on a motorcycle and you claim it is
alright for a policeman to commit acts of reckless driving. This was not and
emergency call he was just not paying attention to the road and ran a stop sign.
Something needs to be done about this one side law that protects police how do you
expect to get respect from civilians when you have no respect for them.

[RainMaker]

Thanks, Daniel.  The objective would be to repeal the exemption for operating a computer or texting while driving by police.  It's obviously dangerous.  Plus having the city own up and pay all the expenses for Mr. Oliver. I'd drop the writing campaign at that time.

One other thing - how does anyone know if all of this complaining didn't have something to do with the investigation continuing and possible future disciplinary action being taken?  Hard to argue the responsibility issue with that video and the stop sign violation.  We might have made a difference.

Mark