Missouri Bicycle News Article

There was more information revealed at the trial than what is reported in this article. Also, if you read further you will learn that there is a misunderstanding of what the jury had to determine to find the driver guilty. The driver did not have to be speeding to be found guilty. Information on a great deal of testimony was not reported -- information that indicates more clearly why the charges were filed.

There were two eye-witnesses who saw the two bikers riding in the road prior to the impact, and those witnesses testified the bikers were never on the shoulder and never swerved.

Also, revealed in the trial was that at the time the truck skidded to a stop during the incident, it had turned 180 degrees leaving it headed south in the northbound lane. At that point the driver began moving his truck zigzagging it back and forth to point it back north. One witness testified he yelled at the driver to stop and that the witnesses thought he was trying to leave the scene.

Testimony of both eye-witnesses reported that both bikers were on the road. One was traveling near the edge of the roadway and the other was traveling further out into the lane. The testimony clearly contradicted Mr. Johnson’s statement and testimony that the bikers were on the shoulder and swerved in front of him.

As to the requirement that the driver must have been speeding to be considered reckless, that is a misunderstanding of the instructions provided to the jurors. The following statements are taken from the instructions provided to the jury. The driver only had to be considered speeding if he was found guilty of second degree manslaughter. The primary charge against him was first degree manslaughter, and did not include that requirement. This is what the instructions stated:

INSTRUCTIONS TO JURY FOR MANSLAUGHTER I:
"As to Count I, if you find and believe from the evidence beyond a reasonable doubt:

First, that on or about August 6, 2007, in the County of Jackson, State of Missouri, the defendant caused the death of Larry Gaunt by striking him with his truck, and

Second, that defendant recklessly caused the death of Larry Gaunt,

then you will find the defendant guilty under Count I of involuntary manslaughter in the first degree.

However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of involuntary manslaughter in the first degree.

In determining whether the defendant recklessly caused the death of Larry Gaunt, you are instructed that a person acts recklessly as to causing the death of another person when there is a substantial and unjustifiable risk he will cause death and he consciously disregards that risk, and such disregard is a gross deviation from what a reasonable person would do in the circumstances."

INSTRUCTIONS TO JURY FOR MANSLAUGHTER II:
"As to Count I, if you do not find the defendant guilty of involuntary manslaughter in the first degree, you must consider whether he is guilty of involuntary manslaughter in the second degree.

As to Count I, if you find and believe from the evidence beyond a reasonable doubt:

First, that on or about August 6, 2007, in the County of Jackson, State of Missouri, the defendant caused the death of Larry Gaunt by striking him with his truck, and

Second, that defendant was driving faster than the posted speed limit and failing to keep a careful lookout, and


then you will find the defendant guilty under Count I of involuntary manslaughter in the second degree.

However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of involuntary manslaughter in the second degree."

Barbara--Thanks for adding these insightful comments.