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  1. #1
    Devo
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    Hit-and-run victim Daniel Vasquez

    howdy all:

    as you may or may not know
    there has been another bicyclist fatality here in Monterey.
    http://www.montereyherald.com/mld/mo...l/16686839.htm

    while we battle over trail usage(s), and train for up coming races
    focus on personal goals, etc.
    keep this guy and his family in mind.

    maybe think about how bikes fit into our culture
    maybe think about how we would like to see the bike in our community, how we'd like to see our society evolve.

    its a tragedy, its sad, and it blows my mind how these kinds of things happen.

    these days there are about 40,000 less cars than people in the USA.
    there are about 3 times the amount of registered vehicles compared to licensed drivers.
    last i knew there are about 44,000 fatalities in cars per year.
    i had also read somewhere that bicyclist fatalities have gone up 25% in the last 3yrs.

    as we all have experienced, the bicycle is a liberating machine.
    its a healthy lifestyle
    im asking for us to stop and take a moment, and think about how we can get away from the car.
    commute to work
    get groceries, or whatever
    you dont have to drive your car to ride your bike
    when that is the case there is something that needs to be addressed in our society

    go the Herald website listed above, check out the article and maybe make a post.
    we cannot continue to run each other over with our cars.

    just in the last few months a memorial was held for another Monterey cyclist that was fatally injured on the bike path from Seaside to Marina along HWY1 and the Ft. Ord Beach Range Rd.

    as cyclists, if we can generate the revenue the cycling industry has enjoyed from each and everyone of us, we should at least devote some energy to public safety.
    bikes can make a big change in our society
    obesity
    heart disease
    environmental issues
    etc.

    its sad to see yet another cyclist killed by a car

    and if we start to think/accept cycling as only a recreation sport, next thing we know, we will be only allowed to ride at approved venues.
    perhaps an annual license to ride in a particular area, much like boat registration or a fishing license
    and/or bikes would be banned from public streets.

    the scope of cycling has many fronts
    i feel, i believe that the right to safe passage on public roads, and to set an example, teach a way, of simple living that is rich in lifestyle is fundamental.

    of all things in our society...
    what is more efficient?
    the way we live our lives is our greatest statement.


    my heart goes out to Daniel Vasquez and family.

    peace...d


    "Every time I see an adult on a bicycle, I no longer despair for the human race." H.G. Wells
    http://web.mac.com/asanacycles/iWeb/...s/Welcome.html
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    "Bicycle Lifestyle, realized." D.G.

  2. #2
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    AAArrggh!

    So so sad...

    I've read so many of these stories over the years and each one is more tragic than the last.

    best wishes to Daniel's family.

    keep pedalling all.

  3. #3
    Fireball in the Night
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    Wow.
    Condolences to the Vasquez family.

    I've sent a note to Terry Spitz in support of justice.

    Contact info for Chief Assistant District Attorney Terry Spitz
    Phone: (831) 755-5070
    Fax: (831) 755-5068
    Last edited by Rex_Skidmore; 02-14-2007 at 12:27 AM.
    everyone drives a Used Car

  4. #4
    Devo
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    it is sad.

    you know the thing is so crazy
    that is...
    how many fatalities have there been now?
    and how can "Average Joe" voice their concern?
    where do we send emails?

    I've posted this thru VCM (Velo Club Monterey) of which i've been a longtime member, and there is TAMC (transportation agency of monterey county)

    but come on...
    there has to be a more expedient method
    somehow that cyclists can raise their collective voices

    we all have crazy work schedules, etc
    and it seems that the internet is the best method to speak out

    as cyclists i can see that more of us would reduce or completely divorce our cars if possible.
    but when the fatality rate, and safety factor is as it seems...
    my goosh...
    that pretty much says it

    do we have to buy into Cold War tactics just to get to work
    that is...
    to be safe we all are in a race to buy the next bigger, heavier, safer vehicle
    and what happens?
    bigger cars,more gas, higher costs...
    and we work more and more just to pay our way thru daily life

    this is sad, and i dont want to deter from tragedy
    but there is more to this, right?
    i mean...how can we safely go for a bike ride?
    and i honestly believe that the bike can make a huge social impact
    we just need the infrastructure to do so
    and we need the personal safety

    who is it that does all those crash test dummy studies...
    all those studies on what cars are safest, etc

    as cyclists, we need that kind of attention devoted to a cycling viable lifestyle.
    the USA has an amazing oportunity to boast a social model

    peace...d

    that poor guy...
    Daniel Vasquez
    i ride in that area often, and i'll think of him every time.

    Amgen Tour of California will go right past this spot.
    again...mega sport
    i wonder if they'd take a moment in silence?
    as it is...
    the stage is Neutral until Rio Rd, which is just maybe 5 miles north of that spot.
    only if the Sport industry of cycling would take recognition.

    .............D
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  5. #5
    Devo
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    here is a link i found in regards to the last memorial that was held here Monterey
    http://www.topix.net/content/kri/241...9KO59S941659M3
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  6. #6
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    "Authorities are holding Charles Seaborn, 52, on suspicion of felony drunken driving and manslaughter after they said they found blood and bicycle fragments on his 2003 Range Rover in Yankee Point."

    I'm sure he needed his massive SUV to battle the harsh environs of the Carmel Highlands. That thing probably never saw a dirt road. But hey, you gotta have an SUV right? They're SO much safer than a little car. Really sad story.

  7. #7
    Devo
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    David Bowie I'm Afraid of Americans


    Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's in America
    Low techs at the wheel
    Ah-ah-ah-ah ah-ah ah-ah-ah
    Nobody needs anyone
    They don't even just pretend
    Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's in America

    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans

    Johnny's in America
    Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny wants a brain
    Johnny wants to suck on a Coke
    Johnny wants a woman
    Johnny wants to think of a joke
    Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's in America
    Ah-ah-ah-ah ah-ah ah-ah-ah

    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans

    Ah-ah-ah-ah ah-ah ah-ah-ah

    Johnny's in America
    Johnny looks up at the stars
    Johnny combs his hair
    And Johnny wants ***** and cars

    Johnny's in America, Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's in America, Ah-ah-ah-ah ah-ah ah-ah-ah

    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans

    God is an American
    God is an American

    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help it
    I'm afraid I can't

    Yeah, I'm afraid of Americans
    I'm afraid of the words
    I'm afraid I can't help it
    I'm afraid I can't
    I'm afraid of Americans

    Johnny's an American
    Johnny's an American

    Johnny's an American, Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's an American, Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's an American, Ah-ah-ah-ah ah-ah ah-ah-ah
    Johnny's an American, Ah-ah-ah-ah ah-ah ah-ah-ah
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  8. #8
    Devo
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    Daniel Vasques

    this is todays news:

    http://www.montereyherald.com/mld/mo...l/16738758.htm
    Attached Images Attached Images
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  9. #9
    Devo
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    Seaborn

    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  10. #10
    fresh fish in stock...... SuperModerator
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    Quote Originally Posted by SelfPropelledDevo
    appreciate the update....keep'em coming...even though it turns my stomach
    Click Here for Forum Rules

  11. #11
    mtbr member
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    slow wheels eventually turn...


  12. #12
    Devo
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    wow...
    thank you for the post
    i still cant believe it
    people are so crazy

    now here i am, recently moved back to Ventura, Ca
    and im just amazed at the "lack of community"
    people zooming around in their cars, and breakneck speeds
    isolated behind steel and glass
    encapsulated in cars
    not as much as a hello
    or anything....nothing
    cars

    recently i've been taking the MetroLink train from here in Ventura (Montalvo station) down to LA Union Station. a big part of the experience, is the opportunity to say "good morning" to each other.

    again...thanks for the post.
    i shot it across VCM (Velo Club Monterey) via e-mail.
    the world is a crazy place
    and when we act carelessly
    when we impact each others lives in a negative way
    that is sad.

    peace...d

    ride bikes, be well
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  13. #13
    bike buster
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    "Investigators found Vasquez's bicycle at Seaborn's Yankee Point home and discovered evidence of a recent collision on his Range Rover."

    Not guilty? Right...

    Part of the problem is the fact that there are no serious repercussions for drunk driving. Oh no, they suspend your license for six-months. You do 20 hours of community service and write a letter saying 'I'm sorry. I won't do it ever again. I promise.' You pay $20/month more to insure your Land Rover.

    You have to kill someone to be considered a 'bad guy.' It's disgusting.

    Hell, this guy is case in point. " Charles Seaborn already faced two counts of felony hit-and-run and two counts of causing great bodily injury while driving under the influence." AND YET HE WAS STILL ON THE ROAD?!

    The first offense for drunk driving should be permanent revocation of driving privileges.
    The second, a bullet to the brain. In this case, the right person dies.


    Must've been on his way home from the bar.... Judging by the location of his house, I'm sure he'll be able to buy his way out of it.

    This pisses me off.


    CHARLES R SEABORN
    102 YANKEE POINT DR

    CARMEL, CA 93923 (831) 624-5101
    Last edited by jdubsl2; 11-26-2007 at 11:02 PM.

  14. #14
    Devo
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    ya its crazy huh?

    the world blows my mind

    crazy
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  15. #15
    ballbuster
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    Wow!

    Quote Originally Posted by slowroadie
    Let me add this up:

    Vasquez's body on the side of the road
    Seaborn's Range Rover in the driveway with evidence of hitting a cyclist
    Seaborn thinks he might have hit something

    ... and the kicker... wait for it....

    Seaborn had Vasquez's mangled bike in the garage?

    *BZZZZZT!!!!*

    Uh, hard to plead ignorance on that one.

    Guilty!!!

    I'm all for due process and all, but dang! Dude might as well been like Jeffrey Dahlmer with a frickin head in the freezer.

    It just pisses me off that folks think of their own skin to the point of exclusion of all else. If he would have stopped to help, I wonder if Vasquez might still be alive.
    Last edited by pimpbot; 11-28-2007 at 08:42 PM.

  16. #16
    mtbr member
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    I think he probably did stop. How else did the bike make it into his garage? Doesn't make me think too highly of Mr. Seaborn.

  17. #17
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    Quote Originally Posted by jdubsl2
    Hell, this guy is case in point. " Charles Seaborn already faced two counts of felony hit-and-run and two counts of causing great bodily injury while driving under the influence." AND YET HE WAS STILL ON THE ROAD?!
    I think you're missing some of the context. The links at the top of this thread don't work any more, but the first four counts are the initial charges lodged at the arrignment back in February about this same accident. This latest count has been added to the charges all for the same accident.

    I think it's great that the DA is trying to throw the book at this guy for this offense, no matter what his history. Vasquez shouldn't be dead, and if it's Seaborn's fault (as the evidence appears to say) then he should see a long sentence.

  18. #18
    It's the axle
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    Devo,

    Thanks for your post. It's one that speaks so very well for me. You touched on the many thoughts I also have about not only the bike, but our society. I truly wish there were more like you and those in this forum.

    As I have watched, I can say that there is even more to add to what you said. But it would be a book in length. But if I could add one thing it would be this. What we have done is to speed up our entire society. The car is like a time machine in that sense. I had this conversation with someone today. How the bike is mechanized, yet it is still reasonable in that it is an extension of the body. It is a link from the older world. It's that sped up part that has destroyed our communities, killed innocent people like the sad story, in this case. It has ramifications that extend to foreign relations.

    I see significant improvement to many parts of our society through the elimination of the car. But that's just about treasonous to say. Instead all I can do is mourn another lost soul. Another roadkill, if you don't mind. A tragic and useless and offensive loss.

  19. #19
    mtbr member
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    This is all so sad. My heart goes out to Daniel and his family Every year it seems more and more people are getting hit. It scares the crap out of me. This is the exact reason I don't ride my bike on the road. Call me part of the sped up society, but I'd rather get hit in my car than on my bike. It shouldn't be this way. An avid cyclist that loves riding his bike, but is too scared to ride it 15 miles to work? I should be able to ride anywhere I want. But right now, it's safer for me to ride illegal trails than on the road.

  20. #20
    Devo
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    all very good points
    and my heart goes out to the Vasquez family

    as a cyclist, when i lived in Monterey/Pacific Grove
    i became very much aware of the "sport" of cycling
    as well as the "utility" of bicycles
    as transportation, the bicycle has legal rights to the roadways
    of course there are serious safety factors to be mindful of

    bicycles as sport, are quick to be placed in Sporting Venues
    as long as we reinforce the ideology, that is where bicycles will go
    Athletes at sporting arenas competing, for marketings sake
    so beware of our actions

    bicycles as transport, have a huge implication to our society
    the avid cyclists that we are, we see this

    but for the majority of our Pop Americana society
    the bicycle is still a toy, sold in dept stores next to frisbees, and lawn darts

    as a by stander it is easy for me say that we need to keep on the bike
    and as legal citizens, we need to voice ourselves
    and as cyclists we need to be safe, and ride our bikes
    ride bikes in a way that is beneficial to our society

    again...to the Vasquez family...my heart sincerely goes out.

    peace, love and light
    Devian Gilbert
    www.AsanaCycles.com
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  21. #21
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    Case Information

    I haven't seen anything in the news about this recently, so I thought I'd try looking for it through the public court calendar, here's what I found and where to keep an eye on it.

    Monterey Superior Court public information about cases is here:

    https://www.justicepartners.monterey...JPDefault.aspx

    Once there, select "Index Search".

    On the index page, use the "Division" pulldown menu to select "Criminal".
    In the case number field, enter SS070949A and hit the SEARCH button.

    Currently it looks like Mr Seaborn will be in court again on April 23rd and April 25th.

  22. #22
    Ride 2 Work, Work 2 Ride!
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    So sad to see.

    It makes me wonder how many people die per capita who drive compared to ride bikes?

    ie. dead drivers/drivers and dead riders/riders.

    Just wondering if it is more dangerous to ride or drive.

    Regardless drivers really need to be trained to see peds, bike riders, and motor cycle riders. We are invisible to most of them.
    "Don't give up, Never give up!"

  23. #23
    Devo
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    wow!

    that is awesome information.

    thank you very much!

    Devian
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  24. #24
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    Quote Originally Posted by slowroadie
    Currently it looks like Mr Seaborn will be in court again on April 23rd and April 25th.
    Using the court case information above, i looked up this case again, and it looks like Mr Seaborn changed his plea on April 25th. The next court date is June 25th. These are the last two entries on the calendar for this case:

    "Change of Plea or Setting 4/25/2008 10:00:00 Courtroom 03"
    "Arraignment: Information 6/25/2008 08:30:00 Courtroom 03"

  25. #25
    Devo
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    so strange...
    as it was that i just returned from a 5 day trip to Big Sur and down to Kirk Creek...
    along Carmel Highlands, Daniel was in my thoughts...
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  26. #26
    mtbr member
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    Peril abounds

    this happened recently in Marin (pedestrian hwy fatality):
    http://www.marinij.com/ci_9286529

    And my little recent scare:
    I opted for road biking this weekend due to the heat. (I HATE riding the roads on weekends) Almost home, cresting White's Hill downhill on Sir Francis Drake (Marin). Just before I pick up speed on the fast descent, I get passed by a huge RV with a horse trailer. 4-5 cars behind them. We all head down the hill, I reach about 35mph (the speed limit) But the RV slows & starts to pull ONTO THE SHOULDER (my lane) And then they . . . STOP. I have nowhere but the traffic lane to go -and there IS traffic. I was able to slow, look quick, & pull out into the traffic lane -which was mercifully free of cars. I pass the stopped RV & see the completely panicked driver quivering in her seat. This was a high speed deal & I had only a second to check out the lane and go, avoiding a hard slam into the rear of the RV. They were trying to politely defer to the cars behind, but couldn't quite factor my presence. Could have been nasty if I hadn't anticipated. Many bad crashes on that hill. Probably decent people in a HUGE rig they (ineptly) piloted by the seat of their pants.

    Just my 2-cents about being near cars -at high speed- with lycra for amour. So stay on the pretty trails ---where the rocks & trees rarely attack.
    I like to bike.

  27. #27
    sunnyside up
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    Quote Originally Posted by Fairfaxian
    this happened recently in Marin ...cresting White's Hill downhill on Sir Francis Drake (Marin). Just before I pick up speed on the fast descent, I get passed by a huge RV with a horse trailer. ... I reach about 35mph (the speed limit) But the RV slows & starts to pull ONTO THE SHOULDER (my lane) And then they . . . STOP. ... I pass the stopped RV & see the completely panicked driver quivering in her seat.
    Wow. That brings back memories... 1993... driving a Suburban towing two very large show horses over the Grapevine, and the brakes started to fade... the trailer brake controller failed and I only had the Suburban brakes to stop with. I managed to pull over and stop but the pedal was really, really soft. I was pretty stressed out, for at least as long as it took for the brakes to cool off.

    Glad to hear you weren't tangled up in her mess.

    Patty
    "...So forget all your duties, oh yeah! Fat bottomed girls, they'll be riding today..." Freddie Mercury

  28. #28
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    Waived his right to a Preliminary Hearing

    Quote Originally Posted by slowroadie
    Using the court case information above, i looked up this case again, and it looks like Mr Seaborn changed his plea on April 25th. The next court date is June 25th. These are the last two entries on the calendar for this case:

    "Change of Plea or Setting 4/25/2008 10:00:00 Courtroom 03"
    "Arraignment: Information 6/25/2008 08:30:00 Courtroom 03"
    Went looking again- found an archived article. Evidently the "Change of Plea" was Mr Seaborn waiving his right to a preliminary hearing. What was available without payment follows.

    Your Town: Charles Seaborn waives hearing in hit-and-run

    Date: April 26, 2008
    Publication: Monterey County Herald, The (CA)
    Page: B1

    SALINAS Hit-and-run suspect waives hearing

    A Carmel man charged with running down a bicyclist while driving drunk waived his right to a preliminary hearing Friday.

    Charles Seaborn, 53, will be arraigned June 25 on felony charges of hit-and-run driving, drunken driving and vehicular manslaughter with gross negligence in the death of 48-year-old Daniel Vasquez. After many delays, prosecutor David Gross was set to present preliminary evidence in the case Friday.

    Seaborn was arrested...
    Click here for complete article ($2.95)

  29. #29
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    yesterday in court...

    court system information update- looks like this is going to jury trial in about 6 weeks:

    Case Number CRSS070949A
    Case Caption People vs. Seaborn, Charles Ray
    Filing Date 2/20/2007
    Case Type Felony: Salinas
    Filing Type Complaint
    Original Filing Date 2/20/2007
    Agency CA Highway Patrol
    Agency Number COM0305346
    [...]
    Change of Plea or Setting 4/25/2008 10:00:00 Courtroom 03
    Arraignment: Information 6/25/2008 08:30:00 Courtroom 03
    Pre-Trial & Setting of Jury Trial 8/6/2008 10:00:00 Courtroom 03

  30. #30
    Devo
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    i can hardly believe it
    www.AsanaCycles.com
    "Bicycle Lifestyle, realized." D.G.

  31. #31
    Birthday Collector
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    Fairfaxian, don't you think that to own a RV larger than say, 20 ft you should have a special license? About 14 years ago I was training for the "ride around the bear" century in So Cal when I lived there. I was riding up Hwy 78 towards Julian, from Ramona and was on one of the "flatter" stretches, and the road turned to the right. In the middle of the turn the RV (that I could hear coming up behind me) passes me going about 20 mph to my 12 or so. The damn thing was so long that it "clipped" the corner between the front and rear axles, and it pushed me off the road. There was enough (fortunately packed earth) run out off the shoulder that I didn't crash, and did not get hurt, but my heart rate went from the 150 or so that I was maintaining to about 300 bpm from the adrenaline rush/anger. I drove out SFD a couple weeks ago to ride Bolinas Ridge, and we were commenting on how little room there was for riding there. No way I'd want to do that on a weekend!
    R.I.P. Corky 10/97-4/09
    Disclaimer: I sell and repair bikes for a living
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  32. #32
    Luuuuuke Use the Force
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    It is true. A 16 year old can drive a long heavy RV towing a boat!! I agree about the RV license. Crazy. I feel the Europeans do a better job when they rent them to cruise America because they have more awareness in general about bikes.

  33. #33
    Medium?
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    Quote Originally Posted by lshenefield
    It is true. A 16 year old can drive a long heavy RV towing a boat!! I agree about the RV license. Crazy. I feel the Europeans do a better job when they rent them to cruise America because they have more awareness in general about bikes.
    A 16 yo can do plenty of damage in a 3 ton suv. A motorhome isn't that much more dangerous. You can barely tell you're towing a boat behind a motorhome. It's all about skill level and personal responsibility of the driver and parent in the case of a minor.

    When I was 16 I regularly towed grape gondolas behind a craptastic '63 ford f200 with drum brakes. During the season, you're allowed to tow doubles as long as they're empty. I wish I had a picture. I learned to drive when I was 12 and by 16 I was very professional and responsible. I also drove a 10-wheel Peterbilt flatbed with 20 bins of apples without incident. I think it was about 12 tons loaded. The grape gondolas held about 4 tons each, depending on the variety.

    The really cool thing about the grape gondolas was that they follow perfectly. Each was like a kids red wagon. On the winery you could tow 10 of them and make u-turns where you'd be passing the end of the train going the other way.

  34. #34
    Devo
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    the whole of the car thing just sucks... its off the hook.
    way too much, etc...

    this guy Charles Seaborn...
    give me a break.

    personal accountability... right
    what? did he think he hit a deer?
    its gross.
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  35. #35
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    a few more details from the dog sitter

    this guy is a known drunk.
    he arrived home after he killed this guy with the bike still in his windshield.
    his (ex?) wife turned him in or he would never have been caught.

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    Seaborn's Jury Trial - 12 January 2009

    Looks like Mr Seaborn is going to jury trial next January 12, 2009, for killing Daniel Vasquez in February 2007.

    Pre-Trial & Setting of Jury Trial 8/6/2008 10:00:00 Courtroom 03
    Pre-Trial Conference 12/11/2008 10:00:00 Courtroom 03
    Jury Trial 1/12/2009 08:30:00 Courtroom 03

  37. #37
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    Trial still scheduled for 12 Jan 2009 for Mr Seaborn's charges in the death of Daniel Vasquez:

    Pre-Trial Conference 12/11/2008 10:00:00 Courtroom 03
    Pre-Trial Conference 12/18/2008 13:30:00 Courtroom 03
    Further Proceedings 12/19/2008 13:30:00 Courtroom 03
    Pre-Trial Conference 1/8/2009 10:00:00 Courtroom 03
    Pre-Trial & Setting of Jury Trial 1/12/2009 08:30:00 Courtroom 03

  38. #38
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    I hate it when things like this happen - regardless of vehicle! I hate people bashing on SUV and their owners. Any vehicle can do damage. A driver of any vehicle can be stupid (e.g. I was riding up to St. Joe's on Saturday, a Prius couldn't wait 5 seconds till there was no on-coming traffic, but instead chose to pass within inches of my handlebars).

    Any vehicle, regardless of type, is a deadly instrument when used inappropriately, and is n times worst with a drunk driver behind the wheel - so you SUV bashing types keep a leash on reality.

    disclaimer: I own 2 SUV's as well as small car, both of my SUVs are used as to what they were designed for. http://www.sharetrails.org

    I appologize to those who just wanted us to be alerted of this incident and for us to be more cautious.

  39. #39
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    Agreed. SUVs and cars don't kill on their own.
    There are no stupid questions but there are A LOT of inquisitive idiots.


    Bicycle Trails Council of the East Bay

  40. #40
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    Quote Originally Posted by OhSchitt
    I hate people bashing on SUV and their owners. Any vehicle can do damage.
    True enough - some people seem to have lost track of the tragedy of Mr Vasquez in their haste to scorn SUVs.
    Quote Originally Posted by OhSchitt
    I appologize to those who just wanted us to be alerted of this incident and for us to be more cautious.
    My purpose is to alert people to the progress, slow though it may be, in the proceedings against Mr Seaborn. He goes on trial in less than three weeks in Monterey County Superior Court. I hope Mr Vasquez' local bicycle community in Monterey County is represented in that courtroom.

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    Trial delayed

    http://www.montereyherald.com/local/ci_11441439

    Your Town: Trial in fatal bike crash delayed
    The Monterey County Herald
    Posted: 01/13/2009 01:37:43 AM PST

    MONTEREY COUNTY

    Trial in fatal bike crash delayed

    The trial of a Carmel man accused of striking and killing a bicyclist while driving under the influence has been put off until April 6.

    Charles Seaborn, 54, is charged with felony hit-and-run driving and vehicular manslaughter while intoxicated in the death of 48-year-old Daniel Vasquez, a local musician and massage therapist. Vasquez was bicycling on Highway 1 in the early hours of Feb. 9, 2007, when he was killed.

    Judge Terrance Duncan said the trial had to be put off because of his and defense attorney Paul Meltzer's conflicting schedules. Prosecutor David Gross said Vasquez's parents are eager for the case to proceed and asked that it not be delayed again in April.

    California Highway Patrol officers discovered Vasquez's body several hours after he is believed to have died, after receiving a call from Seaborn's home. The CHP said there was a trail of debris from the site of the collision to Seaborn's Yankee Point home. Vasquez's bicycle was found near his vehicle.

  42. #42
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    my heart goes out to the Vasquez family. Its a bummer to have this trial delayed.

    whats the deal with this?
    its going to be over 2yrs now? for a trial?
    thats 2yrs of freedom that this guy has received
    and who's to say what he's managed to get done in that time.

    in my opinion, its ridiculous.
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  43. #43
    too late to die young now
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    very sad news indeed ...
    "Justice delayed is justice denied"
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  44. #44
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    this guy got 5yrs for killing someone with his car
    http://www.montereyherald.com/local/ci_11957157

    somehow that don't seem right.

    again... my condolences to the Vasquez family.
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  45. #45
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    Quote Originally Posted by SelfPropelledDevo
    this guy got 5yrs for killing someone with his car
    http://www.montereyherald.com/local/ci_11957157

    somehow that don't seem right.

    again... my condolences to the Vasquez family.
    5 yrs seems low since he left the scene. I'm sure he has a civil lawsuit to get through next. Maybe some more justice.
    Lead by my Lefty............... right down the trail, no brakes.

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    Formal Sentencing - He finally went to jail, 10 days ago

    Story here:
    Extracts because the URL will undoubtedly fail eventually:

    Ruling comes more than two years after Daniel Vasquez's death

    BY KIMBER SOLANA • ksolana@thecalifornian.com • June 13, 2009

    Carmel Highlands resident Charles Seaborn was sentenced Friday to five years in prison for vehicular manslaughter while intoxicated, officials said.

    Monterey County Superior Court Judge Terrance Duncan sentenced Seaborn for killing 48-year-old Daniel Vasquez in a fatal hit-and-run near Point Lobos more than two years ago.

    "It was a just sentence," said Assistant District Attorney Berkley Brannon. "This was approximately within what we'd normally see with driving under the influence that causes death."

    The most Seaborn could have received in a jury trial, if found guilty, would be seven years, under the rules of the court.
    The crash

    Vasquez was riding his bicycle home to Carmel Highlands from work in Monterey in the early morning of Feb. 9, 2007, when he was struck by a Range Rover and died. His body was found about 7 a.m. that same day on Highway 1 near the entrance to Point Lobos State Park.

    Vasquez had been a percussionist and vocalist in Monterey reggae/ska band Jonah and the Whale Watchers, and he was an all-league athlete in baseball, basketball and football during his time at Gonzales High School.

    About 90 minutes after Vasquez's body was discovered, officials say, Seaborn called 911 to report he hit something with his sport utility vehicle and was unsure if it was a deer or a person.

    When California Highway Patrol officers arrived at Seaborn's home, they discovered Vasquez's bicycle still attached to the front of Seaborn's Range Rover.

    Investigators later determined that Seaborn had been under the influence, officials say.

    Seaborn pleaded no contest to felony hit-and-run and vehicular manslaughter while intoxicated.

    After Seaborn's sentencing, officials said, he was immediately taken into custody.

    He was booked into Monterey County Jail at '4 p.m. Friday.

  47. #47
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    28 months from arraignment to jail

    Monterey County Superior Court records here:

    Case Number CRSS070949A
    Case Caption People vs. Seaborn, Charles Ray
    Filing Date 2/20/2007
    Case Type Felony: Salinas
    Filing Type Complaint
    Original Filing Date 2/20/2007
    Agency CA Highway Patrol
    Agency Number COM0305346

    Party Type Last Name First Name Middle Name Is AKA
    DEF Seaborn Charles Ray

    Attorney Type Last Name First Name Middle Name
    DEF Meltzer Paul Brandeis
    DA Gross David
    DA Liu Andrew Ging

    Schedule Events
    Type Date Time Location
    Arraignment: Complaint 2/20/2007 13:30:00 Courtroom 04
    Prelim Setting 2/28/2007 08:30:00 Courtroom 03
    Prelim Setting 4/4/2007 10:00:00 Courtroom 03
    Preliminary Calendar Call 6/6/2007 10:00:00 Courtroom 03
    Preliminary Examination 6/8/2007 10:00:00 Courtroom 03
    Preliminary Calendar Call 8/8/2007 10:00:00 Courtroom 03
    Preliminary Examination 8/10/2007 10:00:00 Courtroom 03
    Preliminary Calendar Call 9/19/2007 10:00:00 Courtroom 03
    Preliminary Examination 9/21/2007 10:00:00 Courtroom 03
    Preliminary Calendar Call 11/14/2007 13:30:00 Courtroom 03
    Preliminary Examination 11/16/2007 10:00:00 Courtroom 03
    Preliminary Calendar Call 12/12/2007 13:45:00 Courtroom 03
    Prelim Setting 1/10/2008 10:00:00 Courtroom 03
    Preliminary Calendar Call 2/13/2008 10:00:00 Courtroom 03
    Preliminary Examination 2/15/2008 10:00:00 Courtroom 03
    Preliminary Calendar Call 4/23/2008 10:00:00 Courtroom 03
    Change of Plea or Setting 4/25/2008 10:00:00 Courtroom 03
    Arraignment: Information 6/25/2008 08:30:00 Courtroom 03
    Pre-Trial & Setting of Jury Trial 8/6/2008 10:00:00 Courtroom 03
    Pre-Trial Conference 12/11/2008 10:00:00 Courtroom 03
    Pre-Trial Conference 12/18/2008 13:30:00 Courtroom 03
    Further Proceedings 12/19/2008 13:30:00 Courtroom 03
    Pre-Trial Conference 1/8/2009 10:00:00 Courtroom 03
    Pre-Trial & Setting of Jury Trial 1/12/2009 08:30:00 Courtroom 03
    Pre-Trial Conference 3/19/2009 10:00:00 Courtroom 03
    Jury Trial 4/6/2009 08:30:00 Courtroom 03
    Probation/Sentencing 6/12/2009 08:30:00 Courtroom 03

  48. #48
    too late to die young now
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    finally - hope the focker makes some new 'friends' in the pokey ...
    \sigma_T\sigma_x \geq \tfrac{\hbar}{2m} \left|\left\langle p_x\right\rangle\right|.

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    Settlement for $1M and insurance paid $250K more

    More details on the day of sentencing, victim impact staements, and the civil suit settlement:

    Drunken driver gets 5 years for vehicular manslaughter
    Carmel: Bicyclist killed on Highway 1 in 2007
    By VIRGINIA HENNESSEY
    Herald Salinas Bureau
    Updated: 06/15/2009 09:21:53 AM PDT

    After tearful rebukes by his victim's family, a Carmel Highlands man was sentenced to five years in prison Friday for vehicular manslaughter while intoxicated and hit-and-run driving.

    Charles Seaborn pleaded no contest in March to the charges filed after he ran down bicyclist Daniel Vasquez on Feb. 9, 2007, and left him to die on the side of Highway 1 while he went home to bed in a drunken haze.

    Wearing a dark blue suit and red tie, and carrying a biography of John Steinbeck, Seaborn was handcuffed and remanded immediately into custody.

    After more than two years of waiting, it was the one thing Vasquez's brother, Richard Vasquez, wanted to see.

    "I hope your hell starts today," he said before Judge Terrance Duncan pronounced Seaborn's sentence. Outside of court, he said Seaborn has no memory of the night his brother was killed, "but he'll remember the sound of them slamming those cuffs on him."

    Vasquez's mother also confronted her son's killer.

    "How could you leave my son along the side of the road to die and you go home to sleep?" she cried. "Couldn't you have stayed and held his hand?"

    Vasquez's former wife, photographer Robin Rosenzweig, attended the hearing, but did not speak.

    Vasquez was a massage therapist and one of the founders of the popular reggae band Jonah and the Whalewatchers, in which he played percussion. A caretaker at a Carmel property, he was riding his mountain bike home early that day when he was struck.

    At 7 a.m., commuters reported seeing his body, dressed in bicycling clothes, on the side of the road near Point Lobos State Reserve. Officers were investigating the scene 90 minutes later when Seaborn called 911 from his Yankee Point home to report that a person may have been hit.

    The California Highway Patrol arrived to find Vasquez's bike still wedged in the front bumper of Seaborn's Range Rover. His backpack was stuck in Seaborn's windshield wiper. Seaborn's wife discovered the gruesome scene when she walked outside that morning with the couple's dogs.

    Seaborn said he had driven home the night before after having dinner with friends and thought he had hit a deer. Then he asked for an attorney.

    He failed field sobriety tests at his home, according to a pre-sentencing report by Deputy Probation Officer Tiffany Falahati. A subsequent blood test showed his blood-alcohol level at 0.17 percent — more than twice the legal limit of 0.08 — seven hours or more after he had driven home. Seaborn's wife reported he arrived between 2 a.m. and 3 a.m.

    Investigators determined Seaborn was drinking at Segovia's Tavern that night. Owner Larry Segovia confirmed that Seaborn was a regular customer for whom they had to call cabs in the past.

    Bartenders said Seaborn had six cocktails between 5 and 10 p.m. before they cut him off. He left about 11 p.m. after again being turned down for a drink. Seaborn's whereabouts after he left Segovia's remains unclear.

    The night bartender was unsure how Seaborn got home, but said he was a regular customer at many other Monterey bars. An open bar tab showed Seaborn spent $124 buying drinks for himself and other patrons at Segovia's that night.

    According to the probation report, Seaborn was convicted of driving under the influence in 1994 in Lincoln City, Ore., of being drunk in public in Palo Alto in 1998, and of reckless driving in Pacific Grove in 2002.

    On Thursday, Vasquez's family said they hoped the tragedy would force Seaborn to address his drinking problem.

    In a letter read by defense attorney Paul Meltzer, Seaborn — an accomplished marine biologist and underwater photographer — told Vasquez's family he was sorry and "shaken to the bone" by what he did.

    "I have thought about this letter and written many versions of it in my head before I go to sleep nearly every night since the accident, usually with tears flowing and a candle burning on our bedroom mantle as a reminder of your son," he wrote.

    "This is an event that will be with me the rest of my life," he said. "It is the cross I have to bear forever."

    Meltzer revealed that Seaborn paid Vasquez's family $1 million of his own money, in addition to $250,000 in insurance, in a civil settlement.

    Belen Bañuelos, Vasquez's youngest sister, said the family used the money to establish a memorial foundation at her brother's alma mater, Gonzales High School. She said the foundation provides scholarships for students interested in her brother's passions: sports, the healing arts and music.

    Virginia Hennessey can be reached at 753-6751 or vhennessey@montereyherald.com.

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