WTH!!!??? MISTRIAL!!!

[Westernbiker]

http://www.azcriminallawsexcrimes.com/violent-crimes/carefree-motorcycle-mistrial-and-the-michael-jakscht-case/

[Momz]

This is the very reason all riders should at the very least check out the AMA. ABATE,and the MRF.

KILL A RIDER,... GO TO JAIL!

[Rams]

Although disappointing, I haven't seen what the jury saw to make my own decision.  I'm not sure whether it was a lack of prosecution evidence or a good defense.  I'm also not sure that the lack of verdict wasn't tied just as much to pro-drug jury views as to anti-motorcyclist views.  Hard to say with what was in the article.  What I do know is several motorcyclist are dead and injured due to a cager's lack of control of his vehicle.  That in itself is a crime in my opinion.

[The Anvil]

"The main point of a DUI illegal drug charge is that unlike alcohol, to be convicted of the DUI drug charge, a driver must only have the illegal drug in his system and it does not matter if the illegal drug or metabolite actually affected his ability to drive.  That is, even an inactive metabolite of an illegal drug- such as carboxy THC, which can stay in a person's system 30 days after smoking marijuana- is enough for an illegal drug DUI."

THAT is bullshit right there.

[Clark]

canusay.... h i t m a n???

[Clark]

cant even begin to imagine how difficult it would be for family members of the victims to see that Ahole walk..

[MacDragon]

I also think the last sentence is biased against MC riders and a bunch of bull shite...
 "I am aware that many people- especially insurance companies- consider motorcycle accidents, even when the motorcycle rider is not at all at fault, the "cost of doing business" and that motorcycle riders have essentially assumed the risk of getting hurt."

[Westernbiker]

This is Paul and Dayle. Dayle was killed that day. Paul and I are good friends and this was a during the week ride and both of us had to work. Dayle got the group together for a ride.

Dayle and Paul






This is Paul and me after about 2 weeks at a huge get together for the four fallen riders. Rest in peace Dayle you are sorely missed!!

[Clark]

WOW.. what a BEAUTIFUL looking woman.. am sure she was just a beautiful on the inside.. Chuck' I remember bein w you the day of the funeral. I hope you have healed brother..

[9Ball]

here's an update...

http://www.azfamily.com/news/local/Jakscht-retrial-4-deaths-motorcycle-crash.html

retrial planned...

“We will retry this case as many times as necessary or the court allows us to get justice in this case,” said prosecutor Thomas McDermott.
 
In the end the judge upheld the million dollar bond and set a status hearing for Monday at which time a new trial date may be set. If convicted... Michael Jakscht faces anywhere from 42 to 171 years in prison.

[Clark]

here's an update...

http://www.azfamily.com/news/local/Jakscht-retrial-4-deaths-motorcycle-crash.html

retrial planned...

“We will retry this case as many times as necessary or the court allows us to get justice in this case,” said prosecutor Thomas McDermott.
 
In the end the judge upheld the million dollar bond and set a status hearing for Monday at which time a new trial date may be set. If convicted... Michael Jakscht faces anywhere from 42 to 171 years in prison.

HALLA LOOYA

[musclehead]

driving a dumper, gotta watch these fools more then most of us 'perfessional' drivers, they get paid by the load and drive their rig like a corvette.

sorry for the loss, keep the eyes in the back of your heads wide open.

[Al in AK]

The last comment really sum's it up for all of us.
Quote:
I am aware that many people- especially insurance companies- consider motorcycle accidents, even when the motorcycle rider is not at all at fault, the "cost of doing business" and that motorcycle riders have essentially assumed the risk of getting hurt.

[Oss]

Tragic   I remember when you first posted the accident.

Again I am real sorry for the loss of your friends Chuck.

[Big Rig]

When is it not the responsibility of the driver to pull the truck over for mechanical problems? If the driver continues to drive knowing that there are mechanical issues with the vehicle? Should he also be charged with negligence? I am not a lawyer, but it would make sense that if the dui does not stick than the negligence charge would. Maybe that comes up in the civil suit.

Just thinking out loud here...frustrating, very frustrating. 

[mrider]

i feel thier loses be through it sad to say more than once.........so when they finialy do nail this jack wad then the group can go after the company who let the unsafe piece of crap on the road which has already said to have had brake problems. 

[Fudd]

When is it not the responsibility of the driver to pull the truck over for mechanical problems? If the driver continues to drive knowing that there are mechanical issues with the vehicle? Should he also be charged with negligence? I am not a lawyer, but it would make sense that if the dui does not stick than the negligence charge would. Maybe that comes up in the civil suit.

Just thinking out loud here...frustrating, very frustrating.  

I agree totally.  He being a "professional" commercial driver, driving a heavy truck should be bound to a higher standard on negligence.  Certainly guiltly of manslaughter.

I'll bet they convict him in a re-trial.

[The Anvil]

When is it not the responsibility of the driver to pull the truck over for mechanical problems? If the driver continues to drive knowing that there are mechanical issues with the vehicle? Should he also be charged with negligence? I am not a lawyer, but it would make sense that if the dui does not stick than the negligence charge would. Maybe that comes up in the civil suit.

Just thinking out loud here...frustrating, very frustrating. 

I agree totally.  He being a "professional" commercial driver, driving a heavy truck should be bond to a higher standard on negligence.  Certainly guiltly of manslaughter.

I'll bet they convict him in a re-trial.

In theory it's supposed to be. The DOT oversees commercial licensing standards. I have a class B and am a Federally certificated aircraft mechanic. State level violations (like DUI) carry stiffer penalties and can also affect my Federal certificates.

[RoadKill]

The injustice system strikes again.......

[Walküre]

In theory it's supposed to be. The DOT oversees commercial licensing standards.

It's really sad that this happened - I shudder every time I hear of any rider in an accident, 10 times as bad when there's serious injury or fatality.

Sadly, in Indiana, the governor got rid of a large portion of the safety truck and school bus inspectors. here's the link:

(Indiana) State to lay off 42 truck and school bus inspectors

Where I used to see the inspectors weekly, I haven't seen any at all, in over a year. And I travel on a much-used road by the OTR trucks.

I guess if you aren't going to be stopped, for poorly maintained trucks, why should you worry about it? Very few big rigs lose in a bike/truck, or even cage/truck accident...

Again, it's alway hard to read about the accidents.

R

[The Anvil]

In theory it's supposed to be. The DOT oversees commercial licensing standards.

It's really sad that this happened - I shudder every time I hear of any rider in an accident, 10 times as bad when there's serious injury or fatality.

Sadly, in Indiana, the governor got rid of a large portion of the safety truck and school bus inspectors. here's the link:

(Indiana) State to lay off 42 truck and school bus inspectors

Where I used to see the inspectors weekly, I haven't seen any at all, in over a year. And I travel on a much-used road by the OTR trucks.

I guess if you aren't going to be stopped, for poorly maintained trucks, why should you worry about it? Very few big rigs lose in a bike/truck, or even cage/truck accident...

Again, it's alway hard to read about the accidents.

R

Small government. Yay.

[Westernbiker]

WOW.. what a BEAUTIFUL looking woman.. am sure she was just a beautiful on the inside.. Chuck' I remember bein w you the day of the funeral. I hope you have healed brother..

She was a wonderful woman, I cannot ever remember a smile NOT being on her face as you can see by the pics. I knew Paul before he met Dayle and let me tell you she was the best thing to ever happen to him. She loved Paul very much and she loved to ride almost as much. The patch on her vest in the one pic says "Because I can" That was her answer to people that asked her why she rode a motorcycle.
I remember that Clark, it was a sad day. We rode to the funeral home that day about 250 bikes showed up. I was in awe at the support, family, friends, friends of friends, it was a very sad day and it showed with all the big burley bikers shedding tears for the fallen.
I do not ride with the club anymore as I just could not be around them. I did talk to Paul last week and he is closing down the club, he can't do it anymore or I think he just doesn't want to do it anymore. Unless someone takes over the club it will no longer be.

[Westernbiker]

One more thing, there is a very nice memorial at the intersection where this tradgy happened, I will get some pics and post soon.
Please be alert when you ride!!!!!!!!!!

[Westernbiker]

Tragic   I remember when you first posted the accident.

Again I am real sorry for the loss of your friends Chuck.

Thanks Oss!

[czuch]

Thats unbelievable.