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Woman sentenced in cyclist's death

A 19-year-old Urbana, Ill., woman, Jennifer Stark pleaded guilty Wednesday to a petty offense and was sentenced for actions that led to the death of Matthew Wilhelm, the (Champaign) News-Gazette reported.

Wilhelm, a 25-year-old former Champaign resident, a University of Illinois mechanical engineering graduate working for Caterpillar in Peoria, died on Sept. 8 from head injuries he received Sept. 2 when Stark hit him with her car because she was downloading ring tones to her cell phone instead of paying attention to driving.

Stark received the maximum penalty for the offense, improper lane usage: a maximum sentence of six months of conditional discharge, a form of probation without reporting to an officer; a $1,000 fine; and traffic safety school.

"I can only apply the law I have in front of me, not as I wish it would be," Champaign County Judge Richard Klaus said during the sentencing hearing.

Champaign County State's Attorney Julia Rietz did not file a more serious charge, such as reckless homicide, because she determined the accident that killed Wilhelm did not fit the state's legal definition of recklessness needed to file a felony reckless homicide charge.

Rietz is pushing for the Illinois General Assembly to create a stronger law for distracted drivers. According to a draft of the proposed bill, a person would be guilty of negligent vehicular homicide if "while in the course of operating a motor vehicle, the person's negligent operation of such vehicle is a substantial cause of the death of another person."

Wilhelm's parents, Gloria and Chuck Wilhelm, are continuing their push for the General Assembly to pass the law. The News-Gazette reported that the Wilhelms spent much of Tuesday talking to state representatives and senators and their staffs about the legislation.

The Associated Press picked up the story Thursday, and several Illinois newspapers, including the Belleville News-Democrat, published it in Friday editions.

Labels: advocacy, bicycling, fatal accidents

Roger 5 comments 12:13 PM

Comments:

Jennie had three prior traffic violation convictions also: one for running a light and two for speeding.

# posted by  Yokota Fritz : 1:33 PM

 

This is insane. Instead of reckless homicide, Stark gets off with illegal use of a lane change even though she was not paying attention to the road, and downloading ringtones. The SA Julia Rietz needs to be run out of office by the people of Illinois.

Learn more about Matt at: www.mattslaw.org

# posted by  Anonymous : 2:55 PM

 

I think little miss Jennie's punishment should have included riding a bike for the next three years.

# posted by  Anonymous : 6:33 PM

 

Matt's parents have a website -- www.mattslaw.org --that has a copy of the law change regarding "negligent vehicular homicide" that Rietz is pushing for.
The text says it makes a violation a "Class A misdemeanor." I looked around, and in Illinois the maximum sentence for Class A is "jail up to 364 days or fine of $1 to $2,500 or both."
Is that the best they can do?

# posted by  Anonymous : 2:50 PM

 

Yes, it does seem to be on the light side, doesn't it? Perhaps the League of Illinois Bicyclists, the Chicagoland Bicycle Federation can work with the group and the Illinois General Assembly to see if a stiffer penalty is possible.

It would make sense to me if the driver has a significant history of traffic convictions, the driver could be charged with a felony rather than a misdemeanor charge and lose his license.

# posted by  Roger : 11:35 PM

 

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