BIKEPGH MESSAGE BOARD ARCHIVE

I'm not sure what to make of this sotry. I suspect bias towards teh powerful. On the other had, it's a reminder that bicyclist are not immune from their own road rage and its consequences.

http://www.lfpress.com/news/canada/2010/05/26/14097141.html

Charges withdrawn against Bryant

COURTS: Ontario's former top justice official was charged in a bicycle courier's death

By SAM PAZZANO, QMI AGENCY

TORONTO -- Criminal charges of dangerous driving and negligence against former Ontario attorney general Michael Bryant were withdrawn Tuesday in the high-profile death last summer of a bicycle courier.

"There is no reasonable prospect of conviction in relation to either charge before the court," special prosecutor Richard Peck told a packed courtroom as he announced the decision.

Peck said the decision was his alone and no one from the attorney general's office tried to influence him.

Outside court, Peck said police rightfully laid the charges after the Aug. 31, 2009 incident on Bloor St. W. in Toronto between Bryant and Darcy Allan Sheppard. But further investigation uncovered evidence that supported Bryant.

"The evidence establishes that Mr. Sheppard was the aggressor in the altercation with Mr. Bryant," Peck said in reading a 90-minute statement in court.

Outside the courthouse, Bryant spoke of how the collision affected him.

"This has turned out to be a tale about addiction, mental health, an independent justice system, a tragic death and a couple out on their wedding anniversary driving home with the top down," said the subdued Bryant. "It is not a morality play about bikes versus cars, couriers versus drivers or one about class, privilege or politics. It's just about how, in 28 seconds, everything can change."

Bryant said his interaction with Sheppard was a "terrifying situation, and not one I would wish upon anybody."

"A young man is dead and for his family and friends, that remains the searing memory," he said. "To them I express my sympathies and sincere condolences. I have grieved that loss and I always will."

Bryant, now 44, and his wife, Susan Abramovitch, were driving home along Bloor St. W., in a 1995 Saab convertible after celebrating their 12th wedding anniversary. They'd eaten dinner at a Lebanese restaurant, walked along the beach and then stopped for baklava.

They cut their evening short and were headed to see their two young children when they came across a drunken, violent Sheppard menacing other motorists along Bloor St. W., court heard.

Sheppard, 33, had twice the legal limit of alcohol for drivers.

While Bryant's car stalled, Sheppard "loudly and aggressively confronted Bryant while he and his wife remained impassive," Peck said.

Sheppard stopped his bike directly in front of Bryant's Saab, court heard.

Bryant's car then lurched forward, striking Sheppard's bike.

Bryant was in a "state of panic" as Sheppard became enraged. When Bryant re-started his car and accelerated, he struck the bike and Sheppard landed on the hood. Bryant hit the brakes. Sheppard sprung up instantly, unharmed.

Bryant reversed his vehicle and then tried to steer around the bicycle.

Sheppard hurled his backpack, striking either the windshield or hood of the car. Sheppard then jumped on to the vehicle as it drove away.

The car was travelling westbound briefly in the oncoming eastbound lane of traffic at 34 km/h, contradicting eyewitness accounts that it was speeding at 60-100 km/h.

Bryant was swerving in an attempt to dislodge Sheppard, who struck a fire hydrant. He suffered a fatal blow, hitting his head on either the curb or a raised portion of the roadway.

Bryant turned on to Avenue Rd., stopped at the Hotel Hyatt and reported to police that he had been attacked by someone trying to climb into his car. "The defence position that Mr. Bryant was deeply frightened and panicked is supported by the available evidence, including Mr. Sheppard's history of aggressiveness towards motorists and others," Peck said.

Bryant and his wife were in an open convertible with the windows down, heightening their vulnerability and Sheppard jumped on to the vehicle, Peck said.

"Bryant could reasonably perceive that Mr. Sheppard was intent on doing Bryant and his wife serious harm," Peck said.