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  1. #1
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    Infuriating: Alleged hit-and-run driver may not face felony

    http://www.vaildaily.com/article/201...ntProfile=1062

    EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.

    Martin Joel Erzinger, 52, faces two misdemeanor traffic charges stemming from a July 3 incident when he allegedly hit bicyclist Dr. Steven Milo from behind then sped away, according to court documents.

    Milo and his attorney, Harold Haddon, are livid about the prosecution's decision to drop the felony charge. They filed their objection Wednesday afternoon, the day after prosecutors notified Haddon's office by fax of their decision.

    Haddon and Milo say this is a victim's rights case, that Erzinger's alleged actions constituted a felony, and that one day is not enough notice.

    “The proposed disposition is not appropriate given the shocking nature of of the defendant's conduct and the debilitating injuries which Dr. Milo has suffered,” Haddon wrote.

    As for the one-day notice, Haddon wrote, “One business day is not sufficient notice to allow him to meaningfully participate in this criminal action.”

    Milo, 34, is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.

    Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.

    “He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”

    Money manager
    Erzinger, an Arrowhead homeowner, is a director in private wealth management at Morgan Stanley Smith Barney in Denver. His biography on Worth.com states that Erzinger is “dedicated to ultra high net worth individuals, their families and foundations.”

    Erzinger manages more than $1 billion in assets. He would have to publicly disclose any felony charge within 30 days, according to North American Securities Dealers regulations.

    Milo wrote in a letter to District Attorney Mark Hurlbert that the case “has always been about responsibility, not money.”

    “Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”

    Hurlbert said Thursday that, in part, this case is about the money.

    “The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”

    Hurlbert said Erzinger is willing to take responsibility and pay restitution.

    “Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,” Hurlbert said. “When you're talking about restitution, you don't want to take away his ability to pay.”

    “We have talked with Mr. Haddon and we had their objections, but ultimately it's our call,” Hurlbert said.

    Dropping the felony charge is not a revelation, Hurlbert said.

    “We had been talking with them about this misdemeanor disposition for a while now,” Hurlbert said. “The misdemeanor charges really are what he did.”

    Haddon and Hurlbert have squared off before. Haddon was one of Kobe Bryant's defense attorneys, with lead attorney Pamela Mackey, when Bryant faced sexual assault charges in Eagle County. Hurlbert was the lead prosecutor in that case.

    Bicyclist hit from behind
    Milo was bicycling eastbound on Highway 6 just east of Miller Ranch Road, when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving. Erzinger fled the scene and was arrested later, police say.

    Erzinger allegedly veered onto the side of the road and hit Milo from behind. Milo was thrown to the pavement, while Erzinger struck a culvert and kept driving, according to court documents.

    Erzinger drove all the way through Avon, the town's roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records.

    Erzinger told police he was unaware he had hit Milo, court documents say.

    When Avon police arrived he was putting a broken side mirror and a bumper in his trunk, court record say.

    Meanwhile another motorist, Steven Lay of Eagle, stopped to help Milo and called 911.

    Court records say prosecutors expressed skepticism to Milo at a suggestion by Erzinger's defense attorneys that Erzinger might have unknowingly suffered from sleep apnea, and that might have made him caused him to fall asleep at the wheel and hit Milo.

    The original complaint included a felony count against Erzinger for causing serious bodily injury. Deputy DA Mark Brostrom is prosecuting the case and Milo says in court documents that Brostrom called Erzinger's July 3 actions “egregious.” Prosecutors pleaded the case down to a misdemeanor later in the summer, then in August told Milo and his attorneys that Erzinger would face a felony charge, Haddon wrote.

    But on Sept. 7, Brostrom told County Court Judge Katharine Sullivan that the case would be pleaded as a misdemeanor. That's the first time Milo or his attorneys had heard of it, Haddon wrote, and they protested “in the strongest possible terms,” Haddon wrote.

  2. #2
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    What I don't 'get' about this and the bike under the SUV case, is why a motorist after having a major hit isn't stopping to assess the damage to the vehicle and whether it is safe to drive it, or whether they may cause more damage to the vehicle by driving it (losing essential fluids, or cutting into a tire for example. The driver is risking himelf and fellow users of the road if he hasn't looked the damage over at all.

    Do they only think there's a problem if the air bags deploy, or an idiot light comes on? to To me it does not pass the 'reasonable' test to continue as if nothing happened, IF you are a competent driver at that moment. So proceding is essentially proof you are making bad decisions,about driving such as driving tired, or drunk, or under medications, are willing to continue to risk others because you proceeded without checking on the vehicle's condition, and this should be seen as an admission ot felonious actions.

    What message are we sending if we don't nail all those who proceed as if nothing at all occurred?

  3. #3
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    Hit, OK, bad enough, but hit & run should have more serious consequences. Doesn't seem fair if someone with a different job would be charged with a felony. On the other hand, I know a lot of other bad crimes, like serious domestic assaults, often get plea bargained down from a felony to get an easy "case closed" and "win".

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