Swinging Back

"I'm going to be swinging my arms like this, and if any part of you should happen to get in the way, that's YOUR problem!" - Bart Simpson

On July 3, 2010 Martin Joel Erzinger, a fund manager for Smith and Barney, ran into visiting New York cyclist Dr. Steven Milo with his Mercedes in Vail, CO. Rather than stopping like a responsible citizen, Erzinger drove home and called--wait for it--the Mercedes Benz body shop to come out and take a look at his wounded car. Meanwhile, Dr. Milo lay on the side of the road with a broken knee, shoulder, spine and brain damage. At least he was in a scenic place to bleed to death. In true salt in the gaping head wound fashion, the Vail District Attorney just announced that they're going to drop felony charges against Erzinger in favor of 2 misdemeanor traffic charges. If, like me, you're a math person then please allow me break it down for you math style otherwise your logic minded brain may struggle to digest this:

Nearly killing someone + Cowardice<=Broken Tail Light + Speeding

Brain damage and cowardice traded for a slap on the wrist because of the clout and power of Erzinger's employer and deep pocket local connections to the well heeled in Vail.  Very well done indeed. Apparently big time money managers don't have to play by any of the rules: they can help muddle up Wall Street wrecking our economy and taking our bail out dollars and they can run you off the road and drive off without a second thought...that is unless their precious beemer is somehow tarnished. I for one am planning a career change. I wanna be one of these guys too...it seems so glamorous and thoughtless; like watching Jersey Shore in your underwear all day while eating caviar.

If you doubt me and think that I'm making up such a fanciful fairy tale of blatant stupidity, ignorance and favoritism, please feel free to check out the Vail Daily article. If you check out the link and are as 'mildly annoyed' as I was with the DA's disregard for our injustice system in favor of padding pockets and coddling his fellow rich neighbors, then sign the petition on this site asking that the felony charges not be dropped. Some are even calling for a boycott of the Vail TT stage of the upcoming Quiznos Pro Challenge race as a means of sending a message to the Vail fatcats and bike hating attorneys that this type of under-the-rug-sweeping is not to be tolerated. While I've been to Vail many times and have ridden there on several of those visits I have to say I'm on the fence with this strategy. Vail is a great place to ride both around town on their many paths as well as through the surrounding mountain side trails and mountain pass peak climbs. People in Vail (the real people in Vail not the fake cardboard ones cut out and placed in the windows of $2.5 million dollar vacation homes to make them look occupied in the 'off season') really love their bikes, skis and outdoor environs. They're not the type who'd support a bike bashing, car fixing, head wound causing, felony charge dropping attorney and his havoc causing money manager sidekick. I know from reading some of the forums and comment boards related to this story that the locals are pissed. I too share in their pissed-off-ed-ness.

But this tragedy brings up stark reminders of the other countless examples of the law siding with the driver and not the victim in these car vs. bike encounters, like the story of Kevin Flock who was killed by Aaron Stapleton a Virginia Army Recruiter.  Stapleton got off completely with similar wrist slapping (only to be caught driving recklessly 30 days later after running through a fence)...oh yeah Flock, he's still dead at least according to Google.  Under no other circumstances can a person do catastrophic and negligent physical harm to another person and face the prospect of easily getting off quite like running over a cyclist with your car...unless of course you're Dick Cheney and you shoot your hunting buddy in the face. As I've said before, our justice system somehow seems to sympathize with, or at least relate to, the trials and complications facing motorists; it 'understands' how such accidents can happen. Silly cyclists shouldn't be on the roads anyway, they're dangerous places what with all the reckless cars driving about on them. When a woman in a large SUV ran over an 11 year old girl riding her bike in her north metro neighborhood she got off because the girl was going the wrong way. It doesn't matter that the driver was on the phone and not paying attention: the stupid wrong way riding child apparently got what she deserved not 3 blocks from her home. What happened to the postal worker who killed Shahram Moghadamnia on 32nd 2.5 miles from my home? Not much from what I could find, and the family's case is bogged down in civil court (its been 2 years); that sounds like good old American justice doesn't it? We all understand, accidents can happen, and yet where's the responsibility for owning one's mistakes should the accident cause severe injury to the victim or be the result of negligence?

In Erzinger's case he didn't even stop. With all his money, clout, professional skills, he couldn't even stop to man up to his actions. Our money craven society worships Erzinger's business accumen, financial achievement, economic impact and monetary value, and holds him up as an exemplar of the great American capitalistic ideal and yet this guy's a coward and a loser...and in my opinion not worth the spit or piss it would take to put him out if he were on fire...ok so now I'm just ranting in quite a childish manner and to no real end. So to my starting point, a-la Bart Simpson, and in homage to the spirit of the great American, bullying, motorist public, I'm going to continue the childishness by swinging my arms wildly when walking around in public. If I happen to hit someone then it won't be my fault...cause everyone has now been duly warned. I'm swinging. I'm swinging with purpose but not intent and so come what may...Maybe when swinging I'll be distracted. Maybe I'll have an important meeting to go to, or I'll be late for coffee with Buffy and Bobo.  Sure I might cause a black eye or two or some bruises...deal with it. You shouldn't be walking where I'm swinging anyway. That's essentially how it works right? Cyclist you've been warned: cycling is a dangerous and foolish activity to do around motorists. Cars are big and comfy and drivers are distracted and in a hurry and self important, so if you happen to get hit then its YOUR problem. Well, we'll see who hits who first.