Don't Get Mad, Get Even?

Anyone follow this story?

SMU prof indicted in cycling incident

Dolkart is accused of hitting man on bike at White Rock

Thursday, July 29, 2004

By ROBERT THARP / The Dallas Morning News

What started with yelling and hand gestures on a Sunday morning in May near White Rock Lake was quickly punctuated by the sound of crunching metal as car struck bicycle.

On Wednesday, a distinguished law professor was indicted, accused of using her Volkswagen Passat as a deadly weapon in what police and cycling advocates describe as an extreme case of road rage.

Jane Dolkart, 56, was charged with aggravated assault with a deadly weapon. If convicted, she faces two to 20 years in prison and a fine of up to $10,000. Southern Methodist University officials said Ms. Dolkart remains on the law school faculty while the case is under review, but she is not teaching classes this summer.

According to police reports and court files, tensions escalated quickly as cyclist Tommy Thomas and a friend were riding single-file on West Lawther Drive south of Mockingbird Lane about 10 a.m. on May 2.

The two men told police that a motorist in a green Passat started following them closely, honking the car's horn, yelling and gesturing "in an unfriendly manner," according to police reports.

"I said, 'Wow, this is not right, this person has got some anger here,' " said Paul Schoenberg, who was riding with Mr. Thomas. "Obviously she was in a hurry ... she was right on us."

Moments later, a witness described hearing a scream, followed by the vehicle accelerating and then the sound of "an awful crunching noise and brakes screeching," according to court records.

His shoes still clipped to his bicycle pedals, Mr. Thomas was dragged under the car. When the car stopped, Ms. Dolkart commented as Mr. Thomas called 911: "Oh please, I didn't even hit you. ... you were in the way," before driving off and waiting at a nearby parking lot, court records say.
Mr. Thomas suffered pain in his left shoulder, elbow and leg and had a long "road rash" his forearm.

When police arrived to investigate and found Ms. Dolkart in a parking lot nearby, she reportedly described her actions as an attempt to let the cyclists "know I was there," according to court documents.

Reached Wednesday afternoon, Ms. Dolkart said that her attorney had instructed her not to comment about the indictment. In an earlier interview, an attorney no longer retained by Ms. Dolkart described the incident as an accident that happened when Ms. Dolkart tried to make a U-turn and Mr. Thomas stopped suddenly in front of her.

In December, Ms. Dolkart struck two SMU second-year law students as they crossed Hillcrest Avenue near the university campus. Ms Dolkart told police that she had not seen the pedestrians because the sun was in her eyes. A police report ruled that the sun would not have blocked her view of the pedestrians and that she had failed to check the crosswalk.

Bicycling advocates praised the indictment Wednesday and described the incident as an extreme example of what occurs daily for cyclists who share the streets with vehicles.

Brian Hasenbauer, a former professional triathlete who frequently rides around White Rock Lake, said he has survived being struck by vehicles on three occasions, as well as numerous encounters with agitated and aggressive drivers.


"Dallas is not very cycling-friendly," Mr. Hasenbauer said. "I definitely feel it is something that should be prosecuted if it's done on purpose or if it's an accident and it's done by negligence."

It gets better:

No jail time for SMU prof
Dallas: Jury agrees she hit cyclist deliberately, gives her community service

01:05 PM CDT on Tuesday, June 14, 2005

By ROBERT THARP / The Dallas Morning News

A Southern Methodist University law professor who was found guilty of aggravated assault will not have to go to jail.

A Dallas jury today sentenced Jane Dolkart to five years of probation and two years of community service.

On Monday, that same jury determined that Dolkart intentionally struck bicyclist Tommy Thomas with her car at White Rock Lake last May.
Jane Dolkart

The tenured labor and employment law professor bowed her head and sobbed after the verdict was read on Monday, and bailiffs began taking her fingerprints. She was allowed to post a $2,500 bond.

Witnesses said Ms. Dolkart was visibly upset and honking the horn of her Volkswagen Passat as she followed Mr.Thomas and a friend along West Lawther Drive near Mockingbird Lane in Lakewood.

Mr. Thomas testified that he feared for his life when Ms. Dolkart's car struck the rear of his bicycle and dragged him under the car several feet. He suffered bruises and abrasions to his left forearm and a sore shoulder.

A police officer who investigated the incident testified that Ms. Dolkart acknowledged "tapping" Mr. Thomas' bicycle because he was blocking her way as she drove to meet friends to ride her own bicycle at the lake about 10 a.m. on a Sunday. During the trial, Ms. Dolkart denied making that statement.

Testifying in her defense, Ms. Dolkart said that she did not intend to hit the bike but that Mr. Thomas slowed suddenly as he pedaled in front of her. In closing arguments, attorney Mike Gibson said the incident was nothing more than an accident and disputed the argument that Ms. Dolkart's car was a deadly weapon. He said the victim's account of the collision was "exaggerated and full of mistakes."

"If distracted driving was a crime, we'd have to build five courthouses because people do it every day," he said.

Prosecutor Danny Oliphant said witness accounts and physical evidence from the accident proved that Ms. Dolkart's driving was deliberate.

"It wasn't just an accident. It wasn't just a mistake. This was an intentional act," he said.

Herein lies the problem: she was found guilty of aggravated assault. The jury determined that she deliberately struck the cyclist. So far so good. The problem is in sentencing- no jail time.

This sends the message that vehicular crimes are not really crimes at all, that you can literally run someone over without consequence. Imagine if she had shot the cyclist in the foot- just to get his attention.

Here is a case where the cyclist and police did everything appropriately. It is a best-case scenario. A rare situation. How many similar cases are never brought to trial because there were no witnesses, or police refuse to take a report, or the incident is plea bargained into a meaningless traffic offense, rather than fully charged as assault with a weapon? This incident had all the right ingredients. They dropped the ball in the sentencing.

I don't understand why the US is so reluctant to criminalize vehicular offenses. We have all sorts of DWI repeat offenders- many of whom are picked up with at least twice the legal BAC while driving without a license. Many of these drivers ever see real consequences for their actions.

We are always taught not to provoke motorists, to call the police, to report "bad drivers" to the DMV. If this is the best the justice system has to offer, I'd argue it literally promotes street justice. Unfortunately, it is more likely the cyclist would be charged with some sort of crime.

Why can't we all just get along?