EastBayDave
Needs a job
Posts: 2245
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posted January 30, 2003 05:26 AM
 Edited By: EastBayDave on 30 Jan 2003 05:27
Rider killer sentencing Feb. 7th
Hope a few locals can show up. The full story can be seen here:
http://www.labusas.org/phpBB2/viewtopic.php?p=374301
or here:
http://www.bayarearidersforum.com/forums/showthread.php?s=&threadid=15682
Feb 7th at 10:00 am.
The address is:
Hayward Hall of Justice
24405 Amador Street
Hayward, CA 94544
#1) Gear (helmets/jackets w/ metal and boots) will have to be removed and placed on an X-ray machine (like an airport)
#2) Any form of an organized protest/demonstration will result in the court room being closed to the public, and everyone escorted from the building.
#3) Try to get there early so you can get a seat and through the metal detectors.
#4) There is a public parking garage across the street from the court house. Use it.
____________
Enjoy the ride!
02' ZRX1200
00' ZX12R sold
  
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deathpulse
Pro
Posts: 1688
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posted January 30, 2003 05:53 AM
Dave,
Is there anything the rest of us can do (those of us who can not make it to CA)? This is tragic, the story angers me. I think of how often I have seen this kind of behavior in the New York/New Jersey metro area. Each time I thank God that the idiots that I see doing stupid shit like this don't kill themselfs - or worse, kill other people. This time, it appears that we weren't so lucky, the asshole killed someone. I think she has proven that she does not posses the self-control to drive again - EVER, and she should probably serve some good quality jail time to think about WHY she shouldn't drive again - EVER.
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EastBayDave
Needs a job
Posts: 2245
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posted January 30, 2003 07:08 AM
Here's the report on the last hearing:
Message: 1
Date: Sun, 12 Jan 2003 19:56:09 -0800 (PST)
From: Michael Dunlap
Subject: Re: Rider death/court appearance by the guilty
On Monday, the courtroom in Hayward was filled with motorcyclists. Many groups were represented, with Woz my son and myself showing for ASBN. The judge was very unhappy that he received letters from so many riders asking that justice be done. They are looking for a sentence with significant jail time, not probation. He was quite upset that so many riders were there.
He admonished the DA and anyone that had the hutzpah (Yiddish for having the stones, my words not his) for challenging him.
I believe it was Senator Everett Dirkson from Illinois that made the comment that politicians don't see the light until they feel the heat.
The judge accepted the woman's plea of vehicular manslaughter with gross negligence. Rather than pass a sentence at that time, is was rescheduled for February 7th.
After his statements in the courtroom to the riders present, it was felt by many, that the Judge was unhappy to have to make his decision in the light of pubic scrutiny.
He may have accepted this case without realizing how much our community is organized in this instance. Well, the widow will be heard from in February and I hope we can show just to insure a packed house.
Best regards to all,
Michael Dunlap
napacruiser@yahoo.com
2000 M2
____________
Enjoy the ride!
02' ZRX1200
00' ZX12R sold
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slug
Pro
Out in search of my mind...
Posts: 1433
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posted January 30, 2003 03:18 PM
i for one will send a letter to the judge.
thanks for the tip!
i ahve also posted this on the other forums i visit
   
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EastBayDave
Needs a job
Posts: 2245
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posted February 20, 2003 06:23 AM
Update to rider Gary Kunich's death trial
(copied from another riding website- these are not MY words):
OK, here's the report from yesterday:
I arrived shortly after 1pm. The room was still closed for lunch, so we
all sat around outside the courtroom, mingling and swapping bike stories.
Stephanie, Jodie, Diana, Debi, and Prue were also there from our Women on Wheels chapter, as well as a number of grizzly BMW riders. Someone pointed out the Kunich family to me; Gary's wife and daughter wore sweatshirts with a family photo of Gary silkscreened onto them.
The lawyers were called into the courtroom at around 2pm; we were allowed to
file in shortly thereafter.
I won't go into any of the preceding cases, but suffice it to say that they
were as colorful as I have come to expect from the Hayward Hall of Justice.
When Ms. Moore's case was called, a small ponytailed blonde woman walked up
to the defendant's table. I had never seen Ms. Moore before; she looked
very "normal". I had a hard time wrapping my brain around the idea that a
woman being heard for manslaughter could wear a similar sweater to the ones my
grandmother owns.
Ms. Moore's lawyer, Louis Goodman, started the proceedings by announcing that
Ms. Moore was changing her plea to "no contest". Mr. Rogers, the district
attorney, interrupted to ask that Mr. Kunich's family be allowed to speak
at the sentencing, as they had expected to speak today. He also
announced that he would be seeking restitution for future lost wages,
based on Mr.
Kunich's income and the family's standard of living. There was a small
discussion, as the judge admitted that he was unfamiliar with the law as it
concerns restitution for future wages. The DA also stated that in the case
of a civil lawsuit, Ms. Moore would be required to pay this restitution on top
of any settlement that would be reached. Mr. Goodman agreed that his client
understood the restitution issues surrounding the case.
At this point, the judge asked Ms. Moore a series of questions regarding her
plea of no contest. He would describe a constitutional right, ask her if she
understood it, and then ask her if she willingly gives up that right. She
answered "yes" to all of his questions, thereby waiving her rights.
The judge noted that the standard sentencing for vehicular manslaughter is
2, 4, or 6 year and that there is mandatory restitution for the felony.
Ms. Moore and Mr. Goodman understood.
The judge mentioned a loss of license, at which point, Mr. Goodman interrupted
to announce that the loss of license was not mandatory, but rather at the
discretion of the DMV. This somewhat surprised me.
Ms. Moore was asked if she made her plea freely; she said yes. She then plead
no contest, and was found guilty of, a felony charge of vehicular manslaughter.
After the sentencing date had been set, Ms. Moore asked to read a statement
off the record. She read a tearful apology to the Kunich family, stating that
she had once lost a loved one in a traffic accident (in the fog, no less), and
that "if there was anywhere else [she] could have gone, [she] would have".
There was no reaction from the family or from the audience.
Court was adjourned, and we filed out of the courtroom.
A probation investigation is pending; the sentencing will be Wednesday,
April 23 at 2pm, also in room 513 of the Hayward Hall of Justice. We'll send
out a reminder as the date approaches.
Thought you'd all like to know
____________
Enjoy the ride!
02' ZRX1200
00' ZX12R sold
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n da zone
Expert Class
Posts: 215
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posted February 20, 2003 01:25 PM
Thanks for the update Dave. I have kept my eye out for the status of this case, and it could be any one of us that she takes on next, if she gets away with this.
I would be curious as to why she was driving so badly that morning; late for work, overdue nail appointment, shoe emergency? ... you know that even if her hair was on fire, there is no excuse good enough to even attempt to justify her actions that day.
I am sorry for everyone involved in this loss, except Ms. Moore. Her loss cannot be great enough.
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