6 DUI's, kills a rider....now they're getting 'serious'.....

[PeteSC]

$1 Million Bond Set In Fatal Motorcycle Crash
South Dakota Driver Faces Charges In Death Of Colorado Man

POSTED: 9:15 am MDT August 9, 2005

Bond was set at $1 million Monday for a South Dakota man accused of driving under the influence and slamming into two Colorado motorcyclists, killing one of them.

Garold Lee Fowler, 46, of Hill City, S.D., protested the high bond Monday, saying he was a life-long resident of the area and has a wife and six children.

Magistrate Judge Shawn Pahkle said, "Sir, you're alleged to have killed someone," and said she considered his previous criminal record before setting the bond. If Fowler is found guilty, it would be his sixth lifetime DUI conviction, according to the Rapid City Journal. It would be his third DUI charge in the last 10 years, prosecutors said.

Authorities said Fowler was driving a Chevrolet S-10 pickup on Aug. 3 and rear-ended a Harley-Davidson motorcycle that was stopped to make a left turn between Keystone and Hill City in the Black Hills.

The motorcycle's driver, James Byron Cain, 53, of Englewood, Colo., was killed in the accident. His wife, Judith Buch-Cain, 45, was injured and treated at a Rapid City hospital before being discharged the next day. Both were wearing helmets at the time of the crash, police said.

Fowler is charged with vehicular homicide, vehicular battery and felony driving under the influence.

The Englewood couple was heading to the Sturgis motorcycle rally at the time of the accident. The rally started Monday in Sturgis, S.D., about 50 miles north of the accident site.

If Fowler is found guilty, it would be his sixth lifetime DUI conviction, according to the Rapid City Journal. It would be his third DUI charge in the last 10 years, prosecutors said.

  This guy shouldn't have been allowed within 100 feet of any car....let alone drive one.
  I didn't see any mention of him driving with a suspended license....

[Desolation Angel]

Well, considering his record and the fatality, it ought to be life in prison for him.  He certainly had his share of second chances.

Funny how he brought up the wife and six children thing, considering he didn't think enough of them to walk (or drive) the straight and narrow.

[dcMinnesota]

well, let's see if the defense uses the "janklow" defense.   SD doesn't have a very good record for prosecuting these guys.  maybe his mile long record will put him where he belongs.

phil

[lmao_37]

how many chances does he need they should throw the book at him max sentance no one forced him to drink n drive!!!!!!!!

[onebohemian]

I've been to Sturgis for the rally twice, and my riding buddies go every year.  I can't remember a year when some rider isn't killed, and I think it's more typically between 3 and 6 deaths.  Last year one of them was a buddy (going too fast for conditions).  May he and Mr. Cain rest in peace.

[onebohemian]

See this article of today about deaths in Sturgis and Minnesota.

http://www.startribune.com/stories/1405/5556058.html

[lmao_37]

do alot of people over in the us wear skid lids(crash helmets) and other safty gear i live in uk where its the law to wear your lid also advised to wear proper bike jackets n stuff cos from own experance i know what gravel feels like at 30 mph as it tries to rip you to bits my bike gear was totaled but i walked away with out a scratch easyer to buy new trousers n jacket then new skin

dougie

[Maniac]

do alot of people over in the us wear skid lids(crash helmets) and other safty gear

Only where it's required by law, unfortunatly.

In Florida, where I am, it's not required by law anymore. There was a recent news article here about how motorcycle fatalities have increased something like 60% since the law was repealed. I'd have to say 1 in 10 riders I see have helmets and are wearing them, maybe 1 in 15 have other gear. Most are wearing t-shirts, shorts, and sunglasses.

[onebohemian]

It's a state law issue whether you have to wear helmets or not.  The state of South Dakota, where the rally is held, has no helmet law.  There are no laws that I'm aware of anywhere in the U.S. requiring any other gear (e.g., jackets, gloves, boots, etc.).  If they exist, they aren't enforced.  There are some states where the insurance laws state that the rider's damages are capped if you aren't wearing a helmet.  Some question whether that is constitutional or not.  Because South Dakota doesn't have helmet laws, I'd say a majority of the riders don't wear them while tooling around the rally.  

Mark

[lmao_37]

well here in the uk crash helmet is a legal thing but its that dam cold in the winter that wearing good jacket n trousers is recomended not law but i have seen what happens when you dont and it aint pretty as for ridiny in shorts n t shirts and sun glasses well i wouldnt do it dont matter how hot it is over here id rather be hot than a skin donor

dougie

[onebohemian]

The guys who really amaze me are the ones that are wearing a colorful jacket with matching helment but then have on the back of the bike some girl in tiny shorts, top and flip-flops.  Putting oneself at risk is one thing, but endangering some innocent who wants a ride is criminal.

Mark

[PeteSC]

Here in the US, like they said, I think only 2/3's of the states have Helmet laws for ADULTS.  Most still have some sort of EYE protection laws, either a windscreen, faceshield, sunglasses........
I live in a state where ADULTS don't have to wear helmets.
  About a mile away, you can cross a bridge into Georgia, which has helmet laws.
  I run back and forth across the river into GA pretty often.  It's like a mile away....
 There's a gas station on the SC side of the river where you'll see the cruiser guys stopping to either take off those damn oppressive beanie helmets they favor as they come into SC, or putting them on before they cross the bridge to GA.
  If they aren't straying into GA, 90% of the riders around here, whether it's a Harley, or a Hayabusa, are wearing shorts, sneakers, tee shirt...and not much else.
   It's all about 'freedom', you know....
  The freedom to leave your brains all over the pavement....
  the freedom to leave a permanent grease spot where you slid on the pavement....
  the freedom to walk funny the rest of your life, if you survive...
  the freedom to make things tougher for the rest of us riders!

 

[Red01]

For anyone intersted in motorcycle and bicycle helmet laws by state, the most up-to-date list I found was from July, 2003, provided by the Gold Wing Road Riders Association.

http://www.gwrra.org/helmetlaws.html

[lmao_37]

well you only have to look at some of the bike racers and see how they walk or run to see that even with the best gear around they still get hurt but not as bad as if you wernt wearin it, do you guys were a lid ? and as 4 wearin matchin gear mines all black and red n silver lid iam not a valatino rossi or wayne rainy wana be lol

dougie

[Egg 'n' Bacon]

Took an unexpected trip along the road yesterday .  Got torn ligaments in R shoulder, cracked bone R wrist, sprained both thumbs, and assorted bruises.  

I WAS wearing a full face helmet, armoured leather, boots an gloves.
The helmet had the vents and visor ripped off and was also scoured in one spot near the temple.
The jacket burst seams (2" on two) at R shoulder.  Significant scuffs at both elbows and lower back.
Trousers had BIG gouges in both sliders & a fair bit of scuffing at te right hip.
Gloves; both have had the knuckle protectors scoured by the tarmac.
Boot; no damage.

It really doesn't take much thought to figure out wether I'd be well enough to type this, if I hadn't been wearing the gear.

To those who don't care to wear it, just think of Darwin, you know; "Survival of the fittest".

Are you fit enough to survive