Deputy Avoids Charges In Car-Bike Accident

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Deputy Avoids Charges in Car-Bike Accident
 Bahamut.Baconwrap
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By Bahamut.Baconwrap 2014-09-18 16:53:24
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Deputy who killed former Napster COO after drifting into the bike lane while distracted by his laptop will NOT face charges because he was answering a work-related email

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California prosecutors have declined to file charges against a sheriff's deputy who struck and killed a prominent entertainment attorney and former Napster executive with his patrol car last year.
Deputy Andrew Wood was apparently distracted by his mobile digital computer when his patrol car drifted into the bike lane, running over cyclist Milton Olin Jr.
Olin, a 65-year-old attorney and former chief operating officer of the online file-sharing service Napster, was riding in Calabasas in December when he was hit.

Prosecutors said in a letter released Wednesday and cited by Los Angeles Daily News that because Wood was acting within the course of his duties when typing into his computer, criminal charges are not warranted.
Under the law, law enforcement officials are allowed to use electronic wireless devices while carrying out their duties.
The victim’s family have filed a wrongful death lawsuit against the Sheriff's Department and accused Wood of negligence.
Olin’s loved ones also started an online petition on Change.org demanding that charges be brought against the deputy. So far, more than 67,000 people have signed.
Milton Olin, a married father of two, was riding his bike in the 22400 block of Mulholland Highway at around 1pm on December 8, 2013, when Deputy Wood's patrol car slammed into him.

Olin was pronounced dead at the scene and the deputy was taken to a hospital for treatment of minor injuries.
Wood was returning from a fire call at Calabasas High School and was on patrol when the accident occurred.
‘He was responding to a deputy who was inquiring whether the fire investigation had been completed,’ the letter from the prosecutor’s office stated. ‘Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.

‘Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning, causing him to inadvertently travel straight into the bike lane, immediately striking Olin.’
Olin, from Woodland Hills, had been a lawyer for 38 years and practiced business, labor and employment and intellectual property law from a firm he co-founded, Altschul & Olin LLC in Encino.

According to his LinkedIn profile, he was the COO of Napster between 2000 and 2002. Napster was a file sharing site for music before becoming an online music store.
Before his job with Napster, he worked for A&M Records as vice president of business development and was responsible for signing artists and acquiring music rights.
Olin is survived by his wife, Louise, and his two sons, Chris and Geoff. The family lived in a $1million home in Woodland Hills.
The attorney’s widow is currently working on getting off the ground the Milt Olin Foundation to raise awareness and help eliminate cycling-related fatalities.

Fun facts: California has a law prohibiting the use of electronic devices while driving. It requires all people to use some handless device(e.g. bluetooth). When the law first went into effect former First Lady of California Maria Shriver faced media-hell when she was caught using her cell phone and driving.
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 Bahamut.Scizor
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By Bahamut.Scizor 2014-09-18 17:11:13
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Disgusting.
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 Odin.Jassik
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By Odin.Jassik 2014-10-08 10:13:10
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The law has an exception for law enforcement because both their radio's and the computers used for dispatch are considered electronic devices. You obviously can't have police not obeying the law in the course of their duties. However, the issue isn't that the officer was using an electronic device, it's that he failed to maintain control of his vehicle which lead to the death of a cyclist. Of course you don't charge him with using an electronic device, you charge him with *** vehicular manslaughter.
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 Asura.Kingnobody
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By Asura.Kingnobody 2014-10-08 10:44:46
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Fenrir.Candlejack said: »
Cops Lawyers protecting other cops.
ftfy. Cops may understand and enforce the law, but lawyers defend and interpret the law in court.
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By Asura.Kingnobody 2014-10-08 10:45:34
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Odin.Jassik said: »
Of course you don't charge him with using an electronic device, you charge him with *** vehicular manslaughter.
If the prosecution was smart that is.
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By Blazed1979 2014-10-08 11:11:06
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This is terrible.


Bahamut.Baconwrap said: »
Prosecutors said in a letter released Wednesday and cited by Los Angeles Daily News that because Wood was acting within the course of his duties when typing into his computer, criminal charges are not warranted.
Under the law, law enforcement officials are allowed to use electronic wireless devices while carrying out their duties.
The victim’s family have filed a wrongful death lawsuit against the Sheriff's Department and accused Wood of negligence.

Why didn't the state charge him with manslaughter?
I understand the cop was doing his job by using said electronics. But surely there must be guidelines of when to use and when not, you know the kind of procedures and process mapping we all do at work for the idiots?

If the procedures make no mention of when not to operate certain electronics while driving, someone stands to win a lot of money if they know how to approach this in court - forget about filing charges against the individual police officer, file charges against the district.
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By Bahamut.Baconwrap 2014-10-08 11:21:22
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Odin.Jassik said: »
However, the issue isn't that the officer was using an electronic device, it's that he failed to maintain control of his vehicle which lead to the death of a cyclist. Of course you don't charge him with using an electronic device, you charge him with *** vehicular manslaughter.

Yeah I agree. Additionally, if the cop isn't able to maintain control of his vehicle while using electronics, then he isn't able to perform a basic function of his job.
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By Jetackuu 2014-10-08 11:21:36
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It doesn't matter what he was doing, he still lost control of the vehicle and killed an innocent person. It was due to his negligence (regardless if he was performing his duties or not) that he wasn't paying attention to the road (multitasking is hard, eh?) still have to hold him responsible, and if the system is also at fault (which by all signs it is) then it needs reform.
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By Asura.Kingnobody 2014-10-08 11:25:56
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To be honest, there should be a policy that prohibits the use of electronics outside of using the database system the police have to check licenses while the vehicle is in motion.

Responding to work emails should not be allowed while the vehicle is in motion. Stop at a gas station or parking lot and do it there!
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By Blazed1979 2014-10-08 11:30:53
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What makes the police immune to the law in this specific case?
If a crane operator ended up killing someone due to negligence, no one would say "well he was doing his job". Part of his job is to operate the crane safely.

If cops are immune because their job puts them at risk sometimes, I would argue that sometimes, and most times, their job doesn't. they should treated like everyone else when they're not in a life threatening situation.
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By Asura.Kingnobody 2014-10-08 11:33:53
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Blazed1979 said: »
What makes the police immune to the law in this specific case?
There is a provision in the law that excludes police officers while on duty from the law, since their job requires at the very least to use electronics (radio and database system) while driving.