Here is a follow up from the Oxford club. Chris called Forrest Allgood's office and spoke with him. Below is his response.
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Rob Logan
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-----Original Message-----
From:
oxfordcycling@googlegroups.com [mailto:oxfordcycling@googlegroups.com] On Behalf Of Robert Garrett
Sent: Wednesday, June
22, 2011 2:26 PM
To: oxfordcycling@googlegroups.com
Subject: Re: [OxfordCycling:10196]
Please write one letter today!!!
Ok. I spoke with Mr. Allgood and he was very nice, spent 20 minutes on the phone with me, and explained his position very well. He wants to charge the defended. He is appalled at the severity and tragic nature of this accident. However, I understand what he is saying.
He said the accident happened with the women traveling under the speed limit and in her lane. She did violate the 3 foot law but that is just a misdemeanor. She will be charged with the misdemeanor in the county court and it carries a max of 1 year in county jail and maximum $1000 fine.
He said the whiteness' were deposed and they all confirmed that the women did not run from the scene. When she ran over Mrs. Morgan the second time she was trying to pull the car to the side of the road to get it out of the road. He said the defendant was panicked. So, she wasn't drunk, speeding, nor did she run from the scene. Those are the felonies she could have possibly been charged with if the witness's portrayed the events differently.
He also spoke to intent. He said if she had intent to hurt Mrs. Morgan and he could prove it, then he could charge her with aggravated assault. However, she never made a statement to anyone who would testify such as 'I hate cyclist" or something of this nature.
I said to him "so if there is a cyclist in the middle of the road and I drive under the speed limit, I am not drunk, and I hit the cyclist then stop and wait for police then I will not get into trouble?" And he said in criminal court you will be ok. You can only be charged with a misdemeanor. Of course they can sue you into "oblivion" in civil court but "from what I understand this defendant is poor as dirt." Mr. Allgood said.
SOLUTION:
This solution he came up with. He said it will not help Mrs. Morgan but could help every other runner or cyclist after her. He said, the solution is for "us" (meaning cyclist) to work with the legislature. He said, the 3 feet law is a misdemeanor but the following clause should be added to address this situation. "If an individual in a motor vehicle violates the 3 foot rule and cause maming or death then the result is a felony with the following maximum penalties."
If all the cyclist in the state bombard this legislative change by calling our legislators and demanding it then prosecutors all across the state will have a felony they can charge motorist with.
WE NEED TO ALL WORK TOGETHER TO GET THIS DONE!
Robert
On Jun 22, 2011, at 2:10 PM, Charles Allen wrote:
The second time he ran her over is at minimum a battery.
On Jun 22, 2011 1:02 PM, "Chris Mogridge" <chrismogridge@...> wrote:
> what about the 3' law? She seems to have violated it twice.
>
> Cheers,
> Chris Mogridge
> Mercury
> Tel: 662-259-0041
> chris@...
> www.mercurycycling.com
> FacebookTwitter
>
> On Jun 22, 2011, at 1:59 PM, bmelton76@...
wrote:
>
>> I received the email. What about leaving the scene of an accident?
Seems unlikely that no law was violated. Is there an issue with jurisdiction?
>> Sent from my Cellular South BlackBerry® Smartphone
>>
>> From: Don Feitel <dfeitel@...>
>> Sender: oxfordcycling@googlegroups.com
>> Date: Wed, 22 Jun 2011 13:55:03 -0500
>> To: <oxfordcycling@googlegroups.com>
>> ReplyTo: oxfordcycling@googlegroups.com
>> Subject: Re: [OxfordCycling:10189] Please write one letter today!!!
>>
>> I got it, so i think everyone did.
>> _________________
>> Don Feitel
>> dfeitel@...
>> www.DonFeitel.com
>>
>>
>>
>> On Jun 22, 2011, at 1:53 PM, Robert Garrett wrote:
>>
>>> I just called Forrest Allgood's office and spoke with him.
>>>
>>> Please respond and let me know you all got this email and if you
did then I will tell you what they said. I don't think my emails are going
through and I don't want to waist time writing the email if it won't go
through.
>>>
>>> Robert
>>>
>>> On Jun 22, 2011, at 1:09 PM, Carol Livingston wrote:
>>>
>>>> Everyone who is on any our bicycle club email lists need to
write a letter. Apparently District Attorney Forrest Allgood can't find even
one Mississippi law with which to charge the woman who hit Jan Morgan ... and
then got back in her car and ran her over again! Please forward his address to
cyclists in other areas of our state.
>>>>
>>>> District Attorney for Clay, Oktibbeha, Lowndes & Noxubee Counties
(District 16)
>>>>
>>>> Forrest Allgood
>>>> P. O. Box 1044
>>>> Columbus, Mississippi 39703
>>>> Phone: (601) 329-5911
>>>>
>>>> Read Jan's tragic story here http://www.facebook.com/?ref=home#!/profile.php?id=1440191310&sk=notes
>>>>
>>>> --
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>>>
>>>
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