“Isn’t being intoxicated gross negligence in itself?” Fed Judge

SAN FRANCISCO 3.4.2024

Thank goodness there’s a federal judge, Hon. James Donato, who is “incredulous” that the US Attorney has presented a plea deal which will absolve the drunken driver who ran down beloved cyclist Ethan Boyes last April in The Presidio.

Seriously. What kind of message does this send? That it’s ok to use your several ton vehicle while drunk and kill a cyclist.

It’s horrible. This US Attorney needs to tear up this Deal and get Real.

One year in jail with no admission of malice or gross negligence.

The perp needs to pay the price for taking a life and causing so much grief to the tight knit San Francisco cycling community. Ethan Boyes was only 44 and a beloved figure in the bicycle world.

Excerpted from The San Francisco Chronicle 3.4.2024

“Isn’t being intoxicated gross negligence in itself?” Judge James Donato said, incredulous.

Arnold Kinman Low, 81, is facing one count of vehicular manslaughter and one count of driving under the influence of alcohol in the fatal crash that killed USA Cycling champion Ethan Boyes, according to court documents. Federal prosecutors and Low’s lawyer appeared in court Monday to discuss the possible plea and agreed to return at a later date. 

Assistant U.S. Attorney George Hageman told District Judge James Donato that attorneys had gotten “very close” to reducing the charges to misdemeanors that would carry a maximum sentence of up to one year in prison. 

“For killing someone,” Donato replied. “Under the influence of alcohol.”

Under the terms of a plea deal, Low, 81, would admit he “did unlawfully kill a human being … without malice and without gross negligence.” 

That question, Assistant US Attorney George Hageman said, was “up for interpretation.” 

The judge replied that interpreting the severity of the alleged crime was Hageman’s job as federal prosecutor. He then asked Hageman about the length of possible prison time, to which the prosecutor said Low could spend up to one year in prison. 

https://www.sfchronicle.com/crime/article/ethan-boyes-presidio-death-hearing-18702874.php