Neurologist biker killed, culprit gets 90 days in jail and pays $18,000 to the family- Mtbr.com
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    Neurologist biker killed, culprit gets 90 days in jail and pays $18,000 to the family

    Unbelievable! Talk about a loss to society especially that the doctor was also a scientist researcher in a search for a cure for Alzheimer's Disease and cancer.

    Man gets 90 days in jail for fatal hit and run crash
    PHOENIX -
    He pled guilty to hitting a valley neurologist riding his bike and then leaving the scene in Fountain Hills.

    On Friday, the man behind the wheel in that tragic accident learned his punishment.

    Nicholas Linsk was sentenced to 90 days in jail, 5 years of probation and 500 hours of community service. He'll also have to pay the victim's family over $18,000 in restitution.

    "It's been very difficult.. it was a huge loss for us. Dr. Maalouf was really a rising star as a neurologist and a scientist. It's very rare that someone has the ability and intellectual power to do both of those things," said Dr. Ronald Lukas, VP of Research and Neurobiology.
    Man gets 90 days in jail for fatal hit and run crash

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    The culprit was granted leniency because he had "cognitive disability and social immaturity". So he gets leniency because he was a stupid asshole?

    Wow. Still can't get over the 90 days in jail and $18,000 in restitution.

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    This should server as a message to everyone that rides on the side of the road; not just that it's dangerous, and you could be killed, but also that judges don't care, and send that same message with their decision in cases like this. The court didn't require any experts to declare the guy had "cognitive disabilities", it only took the attorney's opinion. And, those same disabilities apparently won't prevent him from getting right back on the road, and possibly doing this again. No where in that article did it say that he lost his license. Our judicial system is seriously screwed up.

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    And the penalties one has to pay for killing another human being doesn't seem to be a great deterrent. 90 days in jail and $18,000? "Social immaturity" could mean he could have intentionally run over the cyclist for the fun of it.

    Speaking of "social immaturity", Justin Bieber should be avoiding taking up cycling as recreation with those kinds of penalties.

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    that is sad

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    Very sad indeed. Maybe the locals could get the judge voted out of office, for his obvious uncaring attitude for human life.
    Let the Darwin candidate go free, while a brilliant doctor gets his life ended. Wow.

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    Quote Originally Posted by Gundam168 View Post
    The culprit was granted leniency because he had "cognitive disability and social immaturity". So he gets leniency because he was a stupid asshole?

    Wow. Still can't get over the 90 days in jail and $18,000 in restitution.
    Err, I don't think being mentally handicapped makes you an *******.

    Looking at the title of the thread and the first few words I was all with you until I read the part about being mentally handicapped. There might be other issues as to if he should have a license, but if he's got a cognitive disability, that changes things for the punishment.
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    There have been many similar stories over the years that have only rated third page news and the outcome is usually similar as well. It's clear that the deck is stacked in favor of drivers, but a little sad that it took someone "important" like a neurologist to bring the issue to the front page. I'll take it though because drivers need to be held accountable in auto/cycling accidents, and more often than not they are not.

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    The American justice system is a farce, there to benefit those that abuse it.

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    God forbid you sell someone a joint though, they'll lock you away for 5 years at least. This is some appaling bullshit. I'm gonna call that DA.

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    As I read the story, the punishment was for leaving the scene, not hitting the rider. There is no info from which to assess responsibility for the accident itself. Just because a car hits a biker, that does not make it the driver's fault. Nor does it make a death manslaughter or murder. I personally watched a biker in my neighborhood blow a stop sign and then try to pass in front of a truck. No question that the biker was at fault.

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    Quote Originally Posted by Dirty $anchez View Post
    The American justice system is a farce, there to benefit those that abuse it.
    Sadly, that is very true.

    There is a story that has made a little news lately, but most people that aren't from around this area haven't heard about it.

    A 40 something year old school teacher in Montana raped one of his 14 year old students. He was sentenced to some kind of BS sex offender rehab / training program in order to walk. The guy got thrown out of the program for (I believe) hanging around with some underage boys. Has to go to the judge for scenting since he didn't complete the program. Judge gives him 30 day in jail. Says the guy already paid a high enough price since he lost his job and got a divorce over it.

    The victim? She committed suicide, BEFORE the worthless POS judge gave the dirt bag 30 days. Unbelievable.

    It isn't just bicyclists. There are so many outrageous stories coming out of our justice system that you can't keep up with a fraction of them.
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    Quote Originally Posted by Bruce in SoCal View Post
    As I read the story, the punishment was for leaving the scene, not hitting the rider. There is no info from which to assess responsibility for the accident itself. Just because a car hits a biker, that does not make it the driver's fault. Nor does it make a death manslaughter or murder. I personally watched a biker in my neighborhood blow a stop sign and then try to pass in front of a truck. No question that the biker was at fault.
    Try reading this then...

    Police dispatchers got the call at about 12:30 p.m. Investigators said Maalouf was riding westbound alone in the bike lane near Fountain Hills and Shea boulevards when he was hit from behind.
    Neurologist killed while cycling in Fountain Hills - CBS 5 - KPHO

    And to the those who got offended for calling the perp an asshole, let me correct myself...

    He's a stupid lying asshole.


    Linsk originally tried to convince investigating officers his truck had been stolen when the accident happened.
    Neurologist killed while cycling in Fountain Hills - CBS 5 - KPHO
    Court records show Linsk told his mom and detectives that his truck got damaged in the parking lot of the Target store where he works. He then said he thought he hit a traffic barricade.
    Neurologist riding bike killed in hit-and-run

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    Quote Originally Posted by Gundam168 View Post
    He's a stupid lying asshole.

    Well he can't be that stupid. He is essentially getting away with murder.
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    Quote Originally Posted by Brewtality View Post
    Well he can't be that stupid. He is essentially getting away with murder.




    If he lives.

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    Quote Originally Posted by Brewtality View Post
    Well he can't be that stupid. He is essentially getting away with murder.
    From the report, there is little doubt he is guilty of leaving the scene of a fatal traffic collision. He pled guilty and is serving time and paying restitution. But, that does not make the death "murder" or even "manslaughter." If it did, then EVERY traffic accident would be "attempted murder," "assault with a deadly weapon," "assault," "battery," and a host of others. In fact, a bike clipping a hiker, pedestrian, or another bike, would fit within these.

    When there is recklessness or gross negligence, e.g. talking on the cell phone, texting, DUI, excessive speed, and the like, the accident may rise from just being an unfortunate accident to manslaughter or even murder. BUT, none of the media stuff shows anything like this.

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    Neurologist biker killed, culprit gets 90 days in jail and pays $18,000 to th...

    IMO, when you flee from an accident scene where somebody has died, you are now a murdering scum bag and need to be punished as such. Life in prison with hard labor and solitary confinement, death sentence by the most painful, gruesome means available, whatever. I don't care. Punishment should be a deterrent to keep people from making bad choices. They need to stop and think, "Ok, I just hit somebody with my car. It was an accident. If I stay, I can clear my name. If I run away, I will die in prison." It would make the choice rather easy.
    Let me clear though, that is just my opinion, not what is actually law.
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    Don't forget that the decedent's family will have civil claims as well. Low awards of criminal restitution are not unheard of in these types of cases. I would expect the doctor's family will put the financial hurt on this guy before too long.
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    Quote Originally Posted by Bruce in SoCal View Post
    From the report, there is little doubt he is guilty of leaving the scene of a fatal traffic collision. He pled guilty and is serving time and paying restitution. But, that does not make the death "murder" or even "manslaughter." If it did, then EVERY traffic accident would be "attempted murder," "assault with a deadly weapon," "assault," "battery," and a host of others. In fact, a bike clipping a hiker, pedestrian, or another bike, would fit within these.

    When there is recklessness or gross negligence, e.g. talking on the cell phone, texting, DUI, excessive speed, and the like, the accident may rise from just being an unfortunate accident to manslaughter or even murder. BUT, none of the media stuff shows anything like this.
    If he intentionally hit the cyclist, nobody would know his intent except himself and his conscience (if he has it).

    I do hope the universe corrects this and he develops Alzheimer's or brain cancer very early on.

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    Quote Originally Posted by Jayem View Post
    Err, I don't think being mentally handicapped makes you an *******.

    Looking at the title of the thread and the first few words I was all with you until I read the part about being mentally handicapped. There might be other issues as to if he should have a license, but if he's got a cognitive disability, that changes things for the punishment.
    Family needs to sue the State DMV for licensing the driver and send a message. Driving is a privilege, not a right and we should be much more strict in issuance of a permit to drive a potentially deadly weapon.
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    Quote Originally Posted by Tystevens View Post
    Don't forget that the decedent's family will have civil claims as well. Low awards of criminal restitution are not unheard of in these types of cases. I would expect the doctor's family will put the financial hurt on this guy before too long.
    You read he works at Target, right?
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    Quote Originally Posted by STT GUY View Post
    You read he works at Target, right?


    In that case he should be seeking better employment because he's going to working for that family for a very long time.

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    License with a mental disorder,wow.next we will see a blind guy driving with a cane sticking
    Out the window.

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    Quote Originally Posted by STT GUY View Post
    You read he works at Target, right?
    No, I didn't read the article, actually. I'm just pointing out that the $18k restitution part of the sentence isn't a travesty in my mind, as there will be the possibility for financial compensation through other avenues. The jail time seems incredibly low, however.

    You're right, thought -- undoubtedly, he will be hit with a judgment he will never pay off in his lifetime, and the decedent's family will probably never see much of the award. But at least the financial ramifications of his poor choice will be felt for quite some time.
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    Sad story and this shows that it is way too easy in the US to get a drivers license. Not that it matters to some scumbags though. In Florida there is a law in the works that gives drivers, who commit a 'hit and run' , a mandatory 5 year prison sentence regardless of other charges against him/her. At least that will send a message that you are better of staying at the scene. Accidents do happen and it looks much better if you hang around, call the cops and an ambulance rather than drive of like a coward.
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    Quote Originally Posted by Dirty $anchez View Post
    In that case he should be seeking better employment because he's going to working for that family for a very long time.
    I'm sure the doctor had a few million in life insurance. High net worth and high earners usually protect their earning potential with life and premium disability policies. Hell, I carried two million dollars of term life on myself until I retired. Life insurance is cheap if you're healthy.
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    Quote Originally Posted by STT GUY View Post
    I'm sure the doctor had a few million in life insurance. High net worth and high earners usually protect their earning potential with life and premium disability policies. Hell, I carried two million dollars of term life on myself until I retired. Life insurance is cheap if you're healthy.
    Yep, surely (well, at least hopefully) he was prepared. My life insurance is high enough that I have probably given my wife justification to screw with the brakes on my bike!

    But the decedent's insurance policy will do nothing to offset the damages that can be obtained from the guy driving the car -- his family will still get a hefty judgment or settlement against the driver.
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    Quote Originally Posted by OscarW View Post
    Sad story and this shows that it is way too easy in the US to get a drivers license. Not that it matters to some scumbags though. In Florida there is a law in the works that gives drivers, who commit a 'hit and run' , a mandatory 5 year prison sentence regardless of other charges against him/her. At least that will send a message that you are better of staying at the scene. Accidents do happen and it looks much better if you hang around, call the cops and an ambulance rather than drive of like a coward.
    True, in AZ they give out licenses that are good for something like 50 years. Back in like 2001-3? or something I got mine, yet it expired in 2043, absolutely out of control. And there's no test to get it, you just show up with one from another state and you get one. Why? Because AZ wants to attract old people on retirement, that's why. That's also why there's no tests, etc.

    On the other hand, driving is pretty much a necessity in many places if you want to have any kind of quality of life and any hope of ever improving past a welfare state. I think there should be reasonable tests, but there also have to be reasonable alternatives in terms of public transportation and other programs if we enforce strict tests and laws regarding getting licenses. All too often an over-zealous lawmaker gets wound up in some idealistic law without taking care of the repercussions and effects at the same time, then said law ends up repealed or struck down and worthless.
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    Quote Originally Posted by Jayem View Post
    True, in AZ they give out licenses that are good for something like 50 years. Back in like 2001-3? or something I got mine, yet it expired in 2043, absolutely out of control. And there's no test to get it, you just show up with one from another state and you get one. Why? Because AZ wants to attract old people on retirement, that's why. That's also why there's no tests, etc.

    On the other hand, driving is pretty much a necessity in many places if you want to have any kind of quality of life and any hope of ever improving past a welfare state. I think there should be reasonable tests, but there also have to be reasonable alternatives in terms of public transportation and other programs if we enforce strict tests and laws regarding getting licenses. All too often an over-zealous lawmaker gets wound up in some idealistic law without taking care of the repercussions and effects at the same time, then said law ends up repealed or struck down and worthless.
    There are plenty of metropolitan and even rural areas in the USA with good public transportation available. Those who cannot drive need to go to these areas. Public safety is a right, driving is not therefore safety trumps driving privilege. Its like employment opportunities....there are plenty of jobs out there but most are to lazy/unmotivated to pack up and go to where the jobs are.
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    Quote Originally Posted by STT GUY View Post
    Those who cannot drive need to go to these areas.
    How?
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    Quote Originally Posted by Jayem View Post
    How?
    Seriously? Greyhound goes pretty much everywhere and friends can help as well.

    I have a very good friend who doesn't drive due to an undiagnosed seizure disorder. He has a great job, travels all over and was also the first person ever to finish the Tour Divide on a fixie.
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    Quote Originally Posted by Bruce in SoCal View Post
    As I read the story, the punishment was for leaving the scene, not hitting the rider. There is no info from which to assess responsibility for the accident itself.
    This. Accidents do happen. I almost hit a cyclist yesterday when I had to swerve around a pedestrian jaywalking. And that was on my bike!

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    Quote Originally Posted by Dirty $anchez View Post
    In that case he should be seeking better employment because he's going to working for that family for a very long time.
    Unfortunately I doubt this will happen, especially if there is no money to take.

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    While I love MTB, I have to say that the streets belong to automobiles now. I'm not a street rider, but it is extremely annoying and dangerous to have to wait for the guy on the bike in the middle of the lane on a two lane 45MPH road. Accidents are going to happen.

    States need to either put in bike lanes for the few guys who do it (lot's of money to compensate property owners plus the additional cost of the lane/road itself), or you risk your life.

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    oh boy this is going to turn bad
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    Quote Originally Posted by Trajan556 View Post
    While I love MTB, I have to say that the streets belong to automobiles now. I'm not a street rider, but it is extremely annoying and dangerous to have to wait for the guy on the bike in the middle of the lane on a two lane 45MPH road. Accidents are going to happen.

    States need to either put in bike lanes for the few guys who do it (lot's of money to compensate property owners plus the additional cost of the lane/road itself), or you risk your life.
    That's exactly why cyclists should take the entire lane in order to avoid accidents. If a car intentionally rams a cyclist in the middle of the lane, that's no longer an accident.

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    Quote Originally Posted by STT GUY View Post
    Seriously? Greyhound goes pretty much everywhere and friends can help as well.

    I have a very good friend who doesn't drive due to an undiagnosed seizure disorder. He has a great job, travels all over and was also the first person ever to finish the Tour Divide on a fixie.
    This is where it usually breaks down, no one really wants to take responsibility for the problems that it would create. You can't move all your belongings with greyhound, and you still have to get to the station and all sorts of other stuff. Maybe your friend has help, I don't know, but once person's experiences are irrelevant here, this is about asking if a person that has NO option to drive would be able to experience the same quality of life as someone who could, and if not, are adequate measures in place to allow them to do so if they choose?
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    Quote Originally Posted by Gundam168 View Post
    The culprit was granted leniency because he had "cognitive disability and social immaturity". So he gets leniency because he was a stupid asshole?

    Wow. Still can't get over the 90 days in jail and $18,000 in restitution.
    Seriously... and that amount of cash is like half a month's worth of income to the guys family.

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