Kill two, maim two, pay $125 fine

In a surprise move, a youth who killed two motorcyclists and maimed their passengers when he crossed the center line and hit them in New Mexico has pleaded "no contest" to charges related to the crash.

His penalty?

A $125 fine.

Gerald Bailon, then 15 years old, was driving a pickup truck alone on a learner's permit near Taos, New Mexico, on May 30, 2004 when his truck crossed the center line and hit a motorcycle ridden by Leslie Walker, 59, of Colorado, killing him. Walker's passenger, Kathleen Pullara, lost her left leg below the knee as a result of the crash.

Timothy Searles, 41, and his wife, Jennifer, were riding a bike along with Walker. Timothy died later from injuries he suffered in a crash while avoiding the pickup, and Jennifer suffered crippling injuries.

Later, District Attorney Donald Gallegos dropped manslaughter charges against Bailon, saying the charges wouldn't stand up in court because of the legal requirements necessary to charge someone with manslaughter, or the greater charge of vehicular homicide.

Gallegos referred the case to another district attorney for review, who ultimately charged Bailon with careless driving, driving left of center, and driving without a license.

On July 19 of this year, Bailon pleaded not guilty to the charges. But later that day, Bailon returned to court and changed his plea to "no contest."

The magistrate accepting the plea dropped the charge of driving without a license because Bailon, now 16, had obtained a driver's license since the time of the crash.

The magistrate then fined Bailon $125 and ordered the youth to pay $110 in court costs.

This is just one of many cases the AMA has been watching as part of our Justice for All campaign. You can learn more about the campaign by contacting AMA Grassroots Manager Terry Lee Cook at (614) 856-1900, ext. 1288; by e-mail at tcook@ama-cycle.org; or by going to the Justice for All page.


Source: American Motorcyclist Association

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