A Dangerous Pass, a Crash, an Assault and Leaving the Scene, and … a Good Samaritan

This story is not yet complete and will be continued and extended as more information becomes available.

Last week was the court date for the SUV driver who hit and then assaulted cyclist Alan Fraser, near the intersection of Governor Bridge Road and St. George Barber Road, near Davidsonville, MD.

It seems I only go to court for cycling related cases. Two years ago it was the traffic tickets for killing Trish Cunningham, today for the crash and assault on Mr. Fraser.

Both occasions have been useful civics lessons; the judges are admirable. I recall the judge who heard the case for the woman who killed Trish Cunningham, carefully explaining the situation to everyone in the courtroom. Those of us who were waiting in court today saw two judges in action. The case was passed to a second judge and courtroom when the first judge realized he would not have time to hear the case today. While waiting for the case in the first judge’s courtroom we saw him deal with a number of cases. He was very careful to ensure that defendants understood the situation and their options, particularly if they did not have a lawyer. One of the take-aways for me is that we are fortunate to have judges like this. I was also impressed with a public defender who was defending clients in several cases prior to the case we were interested in. She came across as the best prepared and best informed person in the courtroom. Those of us who cannot afford counsel (and I wonder if I could afford a lawyer right now if I had to go to court) are very fortunate for public defenders. Please recall that everyone is entitled to a defense, and someone who represents themselves has a fool for a client.

From reading several accounts of the incident and a list of charges filed, I was expecting an interesting trial. However charges are filed but some are traded away; by the time this was discussed in front of the judge, there was no mention of leaving the scene, no mention of throwing the wheel into the woods, and no discussion of the crash itself. It came down to just the assault, and there was already a proposed action for the judge to consider.

The assault aspect is that after cyclist Alan Fraser was hit by the vehicle driven by the defendant, as the defendant attempted to pass going into a blind curve, he was knocked off his bike and was lying in the road with broken bones and quite shaken up. The defendant got out of his car and was yelling at Mr. Fraser including making threats of physical violence, and then when Mr. Fraser was able to stand up, the defendant pushed him at least several times. Mr. Fraser told him to wait in his car for the police, but the defendant returned to his car and then left the scene, driving away.

Fortunately this story has a hero. That hero is Mr. Charlie Moore, another motorist who stopped and called the police. Mr. Moore may have prevented further harm to Mr. Fraser. Based on descriptions police were quickly able to find the vehicle and the defendant, so kudos to the AA Police Department on their prompt action. Most of us in the court room separately thanked Mr. Moore and shook his hand. Though being a witness and offering assistance to an injured person should be normal behavior, Mr. Moore was there, did what he could, and was willing to show up in court, when not everyone else would do so (several witnesses for other cases had not bothered to show up).

What was presented to the judge was just the assault charge and that the defendant has completed an Anger Management class. The defendant reported to the judge that he uses what he learned in that class every day. I am not able to judge if the defendant fully meant his words. The deal presented to the judge included 16 hours of community service. Bike AAA (Bicycle Advocates for Annapolis and Anne Arundel County), represented in court by Jon Korin, were ready to use the defendant in a couple of upcoming cycling events. The defendant was trying to get this changed to community service with his Church, but the judge decided the Bike AAA service was more appropriate. There was also a fine of 142.50. That seems trivial to me.

That was the resolution of the case by the judge. I hope to have more detail later.

The defendant and his attorney still claim the crash was not the defendant’s fault. While not directly relevant to the assault charge, the defendant's lawyer mentioned this several times. I have trouble with this based on what I think happened – Mr. Fraser was followed by the defendant for some time, and would move to the right in the lane (there is no shoulder) when it was safe to pass, then move more left into the lane when approaching blind curves to discourage passing there. The defendant chose to attempt a pass going into a blind curve and did not allow enough space for a safe pass and may not have been paying attention to where Mr. Fraser was in the lane -- but I was not there to witness the crash so cannot say.

The Capital Gazette had a reporter in court, and posted the story (and video interviews) at: http://www.capitalgazette.com/news/for_the_record/ph-ac-cn-road-rage-cyclist-1204-20151203-story.html

While I wait for Mr. Fraser to be able to provide additional information, the only other thing I can post is a copy of Mr. Fraser’s very eloquent statement to the court.

"Saturday, Aug 22, on narrow, curvy country roads, I was heading home after a ride up to Crownsville. I had about 10 miles to go and it was a wonderful day. An SUV driven by Michael John Moody came up behind me, and as he passed, struck my bike knocking me to the ground.

Struggling to breathe, bleeding, in shock and pain, I lay on the ground while Moody, who had stopped, stood over me and said "why did you get in my way?" No assistance was offered, 911 was not called; that was left to others who had stopped afterwards. Inexplicably he kicked the bike and threw the broken front wheel into the brush on the side of the road, saying, "this is what I think of your bike!"

I struggled to my feet, and Moody, growing more agitated, threatened to "kick my ass" and then physically shoved me around, wanting to fight. Still in shock, I told him to go back to his car, wait for the police, because he was going to jail!

Moody did not wait but left the scene, the ambulance and police arrived shortly thereafter, and I was taken to the hospital. Broken fibula, broken rib, broken elbow, extensive road rash, contusions, strains, sprains. And pain, lots of pain.

Three months later and I'm working towards recovery. But I've had to deal with the pain and discomfort of multiple injuries, loss of sleep, multiple visits to the ER and Doctor, surgery, and rehab. It's been tough. My arm is still stiff and sore, the knee hurts when climbing the stairs, but I'm lucky, very lucky. Because after I hit the ground Moody's car ran over the bike, and that could have been me.

But I am luckier still, because an alarming number of cyclists in this area are struck and severely injured or killed by cars driven by negligent and inattentive drivers, Maryland's 3' Law notwithstanding.

• Aug 21, 2013. Trisha Cunningham killed by driver who tried to pass her while she was riding her bike up a hill on Riva Road.
• Oct 14, 2013. Susan Hahn struck by motorist while riding on Rt 2 in Glen Burnie. Suffered severe brain trauma, broken arm and leg. Extensive rehab
• Feb 21, 2014. Lynn Kristianson and Maile Neel struck by a hit and run driver while riding on 214 crossing the Patuxent River Bridge. Both injured but Lynn severely. She later died of cancer, the onset of which was believed to have been caused by the trauma of her injuries.
• Apr 13, 2014. John Pettey struck by distracted driver while riding on Rt 2 near Southern High School. He had severe injuries and a lengthy rehab.
• And most recently, Oct 31, 2015. John Fauerby and Lynn Rosenbusch, riding a tandem, struck and killed by a driver while they were riding near Chesapeake Beach.

Too many drivers do not know the rights that cyclists have to our roads.

They also do not know their own responsibilities, especially the requirement to provide a minimum of 3 feet of space when passing a cyclist.

Furthermore, our laws do not always allow for penalties that are proportionate to the consequences - for example, the driver that killed Trish Cunningham only received fines and not even a license suspension.

I truly hope that this case can be used to educate drivers and to reinforce the extra care needed when encountering cyclists and pedestrians legally using the road.

I want Michael John Moody to know that he has really affected my life, unfortunately not in a good way. I will always have a steel plate in my arm. I will always have to live with a level of pain and stiffness in both my arm and knee. But I will not stop riding... I have always been a careful cyclist. Previous to being struck by Mr. Moody, I had ridden for 12 years and over 50,000 miles, without a single accident, and although I've encountered a number of rude and inconsiderate drivers, I have never, thankfully, encountered one so angry and impatient as Mr Moody presented himself that day. I will be more careful and watchful from now on, but the big question is, what will Mr. Moody do, how will he react, the next time he comes across a cyclist on the road? I hope he will remember what happened that Saturday afternoon, and just slow down and be patient."

Mr. Fraser is both more gracious and more forgiving than I think I could be under similar circumstances.