Michael Sprick & Larry Blakey

Michael Sprick, a cross-country bicycle tourist from Germany, was riding on Route 100 in Pulaski County when he was hit by a bread truck on Oct. 8. He was seriously injured, and remains in a coma. He was finally able to be flown home today, two months later, to be with his family in Germany.

Norman Richard Merchant, the driver of the truck, stood trial this Tuesday, Dec. 5. He was convicted of reckless driving, and sentenced to a $500 fine. We’ll let you decide whether justice was served — please leave your comments below.

Several cyclists from the New River Valley and Roanoke were present for the trial. Carol Colby of the New River Valley Bicycle Association posted this account on the Friends of Michael P. Sprick Facebook Page:

In my opinion, today’s hearing went well, probably as well as it could have. Norman Marchant was convicted of both offenses, driving on a suspended license and reckless driving. I couldn’t hear the sentencing portion very well, but I believe he received a $100 fine (suspended) on the license charge (explanation below), and a 90-day jail sentence (suspended) and $500 fine on the reckless driving.

Judge Jacqueline F. Ward Talevi, Chief Judge of both Roanoke City and County General District courts, presided over today’s cases as a substitute judge. As anticipated, Erin DeHart represented the Commonwealth, while Radford attorney James Turk represented Marchant.

VSP Trooper Troy Dalton testified first. He said that when he was dispatched to the scene on October 8, Marchant told him that he had been driving his truck–a Merita bread truck that some of the witnesses referred to as a panel truck–down a mountain on a stretch of Route 100 when he saw a cyclist in the right lane. He claimed at the time that he was going to steer or change into the left lane (I couldn’t hear too well) but that a bluish car passed him on the left, then cut in front of him. He thought he was clear of the bike before impact, and also suggested, on the scene, that perhaps the bike had come toward him. He left the scene in pursuit of the blue car’s license tag number but was unable to get close, so he turned around and returned to the scene of the crash. At the scene, Trooper Dalton asked Marchant whether he had seen the cyclist–could he say what color jersey he was wearing or whether he was wearing a helmet? Marchant could not provide any such details. Dalton discovered that Marchant’s license had been suspended, and Marchant said that he was unaware of that. He thought he had taken care of a previous fine, upon which the suspension was based (more on that in Marchant’s testimony below).

Two eyewitnesses, Kathy and Jerry Bennett, provided invaluable testimony about the crash. Kathy testified that she was the passenger in her husband’s truck on that day, and they saw the panel truck and a cyclist ahead of them as they came out of a curve at the top of the mountain, onto a straight stretch. There were no other vehicles around. She said the bike was to the right side of the white line on the right of the road, and a short distance later, they saw bike debris in motion, while the panel truck continued on. They stopped at the scene of the crash. Jerry got out to aid the cyclist, while she got behind the wheel and proceeded down Rte. 100 to obtain the truck’s license tag number. A short distance later, she saw a panel truck returning from the opposite direction, assumed it was the same truck, and returned to the scene herself. She again stated that there were no other vehicles around at this time. DeHart offered three photographs of the road in this area. Turk asked Kathy Bennett a number of question about distances, and where were you on the curve, and where were the truck and the cyclist; he seemed to be trying to intimate that perhaps her visibility wasn’t clear. Though she was visibly nervous, she held her own.

Jerry Bennett testified that when the cyclist came into view after they crested the mountain, his wife pointed it out and instructed him to move into the left lane. He said, “The bicycle was where it should have been”–to the right of the white line, explaining that the cyclist’s entire body was even outside the line. Jerry saw the impact, pulled over and stayed to assist, while his wife got back into the truck in pursuit of the panel truck’s tag number. He stated that it wasn’t long before the rescue squad arrived, maybe five to ten minutes. I believe he also answered questions using DeHart’s photographs, though I’m not sure. The Commonwealth rested its case after his testimony.

Norman Marchant first explained the circumstances of his suspended license. The county where he lives (if he said which one, I didn’t catch it) had discontinued its requirement for a county tag or sticker the previous year. However, while the program ended in December, the county had stopped issuing stickers in July. He was cited in the interim period, and was able to explain this to the judge at his hearing, where his case was dismissed. He said that he was unaware of having to pay court costs after the case was dismissed; apparently, the failure to pay these costs was what led to his license suspension, about which he said he received no notice and remained unaware until Trooper Dalton cited him on Saturday, October 8. He went to the courthouse to pay the court costs on Monday, October 10, but it was closed for the Columbus Day holiday. His dad took him there on Tuesday, he paid the costs, then went to the DMV to have his license reinstated.

As to the crash, he testifies that he travels this route for work daily. He said that his speed was 50 – 55 mph coming down the mountain, explaining later on cross examination that the company’s trucks are governed to go no faster than 60 – 62 mph. Now, the acoustics in the courtroom were terrible, but I believe that his attorney asked him if he noticed the Bennett vehicle behind him, and his response was that after the impact, he saw them pull off. This seems to conflict with his later testimony. It’s possible I heard wrong, but Michael Sprick’s family had the foresight to have a court reporter transcribe the hearing, so there will be a record of this testimony for later use, in a civil case.

He testified that the bicycle had large bags on it, and the bike itself was a little to the left of the white line. He “went to get over,” and a mid-size, bluish-grey car, maybe an Olds or Buick, sped up real fast, passing him in the lane to his left. He couldn’t see the driver or any passengers, as his truck is higher than the car. Then there was “a bump.” The car took off at a high rate of speed, and he pursued, trying to get its tag number. He realized that he could not, and so turned around in the crossover and returned to the crash scene. I didn’t write notes about this, but I’m almost certain that at this point in the testimony, he denied having seen the Bennett’s vehicle behind him, which would contradict his earlier statement. On further questioning about how far to the left he had moved to avoid the bicycle, he said that his left tires were on or to the left of the center line. Turk asked if he felt terrible about the accident. It sounded to me as though Marchant got choked up before answering, “Very much so.” On cross examination, Marchant added that he might have hit his horn as the car was passing him, and that he was going to try to get in the left lane. When asked if he had slowed down, he answered, “Yeah, I felt I did.”

In her summation, DeHart, among other points, argued that the cyclist should have been given all the respect of the other vehicle. Turk made a number of unseemly arguments, including that Marchant’s actions did not rise to the level of a danger to life, limb or property warranting a reckless driving charge (really?!?!); that there was room for error in what the Bennetts saw; and that there was no other reason for Marchant to have driven on except in pursuit of the other vehicle’s tag number. DeHart rebutted that last argument, pointing out (as best I could hear) that he might have been scared and thought to flee.

We were lucky to have Judge Talevi today. She was in a difficult position, but she proved herself a tough jurist. She began by telling the defendant, “No doubt this [the day of the crash] was one of the most difficult days of your life,” and that she knows he is filled with regret. On the suspended license charge, some documents from his previous hearing were in evidence, including a form he had signed which showed that he was or should have been aware of the need to pay court costs. Yet she took into account that he acted immediately after October 8 to pay those costs and reinstate his license. She found him guilty on the charge and fined him $100, suspended due to his quick action.

As to the reckless driving charge, she began by saying this was a “very, very troubling case.” After considering the testimony that Mr. Bennett saw the accident but Mrs. Bennett did not, the judge surmised that Mrs. Bennett would have seen another car had there been one. She accepted the Bennetts’ testimony, and did not believe Marchant’s account. She concluded that the cyclist was not in Marchant’s lane of travel, and that Marchant operated his vehicle inappropriately, and adjudged him guilty of reckless driving.

At this point, the lawyers argued about what penalty should be imposed. DeHart brought up the critical impact the crash has had on Sprick. This was the first mention of the extent of his injuries. She asked the judge to consider a suspended judgment (not sure what that means) and that Marchant’s license be suspended and a hefty fine imposed. Turk argued against all that. The judge said that had there been evidence that Marchant had swerved, she would impose a significant jail sentence. Given the evidence, however, she sentenced him to 90 days in jail, suspended, and imposed a $500 fine. She reviewed his driving record critically, she said, and found that he had 5 points against him already. I’m really confused about this, but she decided not to suspend his license. Would reckless driving on top of 5 points mean an automatic suspension? I didn’t understand that decision.

In the hallway following the hearing, four of us who had attended (Jerry Ford from Blacksburg, Barbara Duerk from Roanoke, and Katy Miller and myself from Radford) spoke with Jerry and Kathy Bennett, Erin DeHart, and Trooper Dalton. The Bennetts were interested in finding out about Michael’s condition and his family’s plans. It was uplifting to listen to each of them share their accounts of how so many people–the Bennetts who stopped to help and bore testimony today, Trooper Dalton, who contacted the German consulate, Barbara, who hosted Michael’s sister and has visited him in the hospital every single day–and people like Larry Blakey, who cut short his transcontinental bike trip to fly to Roanoke on his own dime, as well as Alinda Perrine, Bobby Guet and the staff of Free Spirit Adventures in Caldwell, WV, all came together to help Michael. I hope you don’t mind my sharing my impression that these people, who put aside the demands of their ordinary lives to assist this stranger in need, make my heart feel good. Think of them, perhaps, should you lose hope in your fellow human creatures.

Finally, I believe that we should not vilify Norman Marchant. He seems to be remorseful for the consequences of his actions. And I don’t think any good will come of thinking of him as an enemy, an “other.” Was the sentence steep enough? Would any sentence be? Our judge today well understood the gravity of what she heard, and I have no doubt that she applied her best judgment in answer to it. I feel positive about today’s hearing, as do at least two of the other audience members (I haven’t compared notes with Jerry Ford).

Season’s greetings to all,

Carol Colby
New River PR, LLC

A letter From Barbara Duerk:

Dear Friends of Michael P. Sprick,

Thank you for your support of Michael and his family while he was in America. This has been a busy week. On Tuesday, December 6 – St. Nickolas Day, charges against Norman Richard Marchant were heard in Pulaski County General Court. Marchant faced charges of driving on a suspended license and wreckless driving.

On Tuesday evening, St. Nickolas arrived for Michael at the hospital. He brought Michael candy and fruit.

On Wednesday afternoon, December 07, 2011 Michael left Roanoke to be with his family in Germany. Michael remains in a coma. He can breathe some on his own, but has a respirator that helps facilitate consistent air exchange.

Pray for a miracle for Michael. I also pray for Norman Richard Marchant and his family, the driver who hit Michael.

What we can do now:

• Continue to friend Michael P. Sprick on Facebook.
• Join the Virginia Bicycling Federation in their advocacy efforts on behalf of cycling and cyclists in Virginia.
• Join the West Virginia educational movement for bicycle awareness for motor vehicle drivers, judges and planners.
• Work in your home community to promote safe cycling.

Michael was cycling his dream vacation. Go after your DREAM!

See Also:

• Driver Fined For Wreck That Injured German Cyclist (Roanoke Times)
• Comatose German Cyclist Michael Sprick to Head Home (Roanoke Times)
• Cyclists Circle Round Injured German Rider (Roanoke Times)

Mia Birk - photo by Heather Higgins via Charlottesville Tomorrow

Charlottesville Tomorrow has the full audio of Mia Birk’s Oct. 27 talk, as a stream or for download. Definitely worth a listen!

An important theme in her talk, and in her book, is that Portland, Oregon didn’t become bike friendly overnight. When she started as bike coordinator there, she faced the same obstacles we’re all facing now. But they can be overcome.

Read the story about Wyse Cycles of Harrisonburg, Virginia  at Gizmag.

Three Cyclists Named to Prestigious Top 40 Under 40 List

Billed as Richmond’s alternative for news, arts, culture and opinion, Style Weekly, a free publication based in Richmond, has named their annual Top 40 Under 40.

Named among of the metro area’s younger movers and shakers were three dedicated cycling advocates: Craig Dodson, Founder of Richmond Cycling Corps, Nathan Burrell, Trail Manager for the City of Richmond, and Amy George, a GIS Systems Analyst for the City.

All three cyclists are members of Mayor Jones’s  Pedestrian, Bicycling and Trails Commission.

Congratulations to these outstanding young leaders for their dedication and hard work.  It’s truly making a difference.

David Brickley Honored by Rails to Trails Conservancy

The Rails-to-Trails Conservancy (RTC) commemorated its 25th anniversary by recognizing individuals who have made extraordinary contributions to the rail-trail movement during the past quarter century.

Among the honorees of the inaugural Doppelt Family Rail-Trail Champions Award was longtime Virginia trail advocate David Brickley, who as both a legislator and leader in conservation and recreation planning has made an enormous contribution to the trails movement in Virginia and surrounding states.

Brickley is president of the September 11th National Memorial Trail Alliance, which is promoting the development of a 1,130-mile trail and greenway connecting the three memorial sites of the September 11, 2001 terrorist attacks on the United States: the Flight 93 National Memorial in Shanksville, Pa., the Pentagon Memorial and New York City’s National September 11 Memorial.

Under Brickley’s leadership as the director of the Virginia Department of Conservation and Rec­reation from 1998 to 2002, Virginia was awarded the national gold medal award for the “Best Managed State Park System in America.”

Brickley previously was an elected member of the Virginia House of Delegates from 1976 through 1998, and the legislative sponsor, co-founder and chairman of the Virginia Railway Express, Virginia’s commuter rail system. He also served as an officer and trustee of the East Coast Greenway Alliance, and as the Virginia State Committee Chair.

“The rail-trail movement has been extremely fortunate to have many senior elected officials and parks staff as strong supporters of our mission,” says RTC President Keith Laughlin. “David Brickley heads that list. His work on behalf of trails and greenways in Virginia during the past 30 years is a tremendous gift to his state and visitors from across the country.”

Additionally, Brickley personally purchased a 16-mile out-of-service railroad corridor in King George County, Va., to protect it from being lost to development. As president of the Dahlgren Rail­road Heritage Trail Alliance, his goal is to work with other volunteers to make this rail-trail project a part of the Potomac Heritage National Scenic Trail.

Congratulations.  And thanks for all your hard work, David!

Safety Vest - "Bikes May Use Full Lane"

Members can get these vests. Contact Barbara if you’d like one.

For some reason, cycling has become politicized. If you ride a bike or are in favor of making your community more bike and pedestrian friendly, people assume you must be some kind of a liberal freak.

Far from the truth.

Though there is some conjecture about how this came to be – perhaps it’s because the original ISTEA  bill funding bike accommodations was sponsored by Senator Daniel Patrick Moynihan in 1991?   Who knows.

Either way, to the chagrin of many,  making communities bicycle friendly  has become fodder for the political parties rather than an intelligent discussion in the investment for our countries future and the health and dare I say welfare of our citizens.

Next time you have a conversation with a conservative about why the country needs to make these changes, show them this article about the king of conservatives and founder of the National Review, William F. Buckley . 

Yes, Buckley,  captain of conservatism,  was calling for New York to become more bike friendly when he ran for mayor in 1965!    Buckley even spoke of elevated bike ways.  He envisioned residents cycling to work and for exercise.

Fast forward to 2011, and  unabashed conservative and bike commuter, Tom Bowden  waves the Buckley-esque  banner proudly.

This author  feels that it’s time for all of us – including our elected officials – to take a step back and consider some of the challenges facing our communities, state and country: an out of control  health care system;  rising energy costs;  a crumbling highway infrastructure.

It’s time for leaders from both parties to engage in some critical thinking  about ways we can intelligently and  inexpensively make changes to address these issues.  Namely invest in  a safe bike and ped infrastructure.Giving people the option to safely walk or bike to work, school, go shopping  or even getting some exercise  isn’t about red or blue, liberal or conservative: it’s about doing what’s right for the country and our citizens.  And compared to building more highways, it’s an incredibly cheap investment.

Let’s cut the rhetoric and demand that our elected officials to sit down  together to create a transportation system that will work for the next hundred years and make America stronger in many ways.  I’m tired of the mean spirited political talk and feel it’s time our government makes it safe for citizens to leave their cars and find alternative ways to get around in their communities. 

Whether you read the Wall Street Journal or prefer perusing  Mother Jones, biking and walking is good for our country and good for our citizens no matter your political bent. 

It’s time our politicians hear the call and make these changes starting now.

In his column today, Richmond Times Dispatch writer, Michael Paul Williams -  a cyclist himself – discusses the recent announcement by the UCI to award the World Cycling Championships to Richmond, Virginia in 2015.

In various discussions flowing through the cycling community, some commuter and recreational cyclists who don’t really follow or care about racing have been less than excited by the Worlds announcement.  “So it’s nine days of the hammer heads riding in the City.  What’s the big deal?”

As Williams points out so well in his column, this could be the single most important event in the past half century to transform the region into one of the leading cycling-centric communities in the U.S.  And in doing so, foster all of the benefits that come with the transformation.

Perhaps the upcoming race will inspire the region to cooperate in creating a coherent network of bicycle lanes and a more hospitable climate for recreational cyclists.  Or even the establishment of “bike boulevards” to facilitate safe commuter cycling to work.  The bicycle-commuter corridors, as Portland suggests, could lure entrepreneurs.

…Virginia, blessed with every conceivable terrain and a surfeit of natural and historical landmarks, has the potential to give Portland a run as cycling heaven.  But while that city is viewed as progressive and active, we’re seen as hidebound, a valid criticism, and sleepy, a bad rap.

Mike has it absolutely right: Richmond 2015, though only a nine day event that’s four years off, will not only put Richmond and Virginia on the world stage: it could   be one of the most important events in the history Richmond.  This single event could, potentially,  transform this city like nothing has in the past fifty years.

Let’s all work together  to make sure Mike got it right.

Update: also read Tom Bowden’s article, Ride With Me Through Biketopia.

This month’s Richmond Magazine  features a great article on Richmond Cycling Corp’s Craig Dodson and how he’s changing the lives of inner city youth. 

It hasn’t been an easy road for the organization but clearly RCC is making a difference in the future of these young men and having a positive impact on the community.

Congratulations, Craig!

With nearly 30,000 students in a town barely 5 miles across, bicycling is a natural for Blacksburg. See how students, local bike advocates, and the town are working toward a more bike-friendly environment.