South Lake Tahoe victim of hit and run DUI coping in pain; hopes to walk, work again
By Kathryn Reed
“There is no prognosis for full recovery. I will have problems for the rest of my life.”
That is the life sentence Adam Rose has been left with after being hit by a drunken driver in August while riding his bike on Emerald Bay Road between his house and the store. The sentence for the woman who hit him has yet to be rendered.
The 38-year-old South Lake Tahoe resident spends two to three days a week going to physical and occupational therapy. Every six weeks he sees an orthopedist in Reno.
The woman who hit him, 54-year-old Christine Whalen of South Lake Tahoe, sits in the El Dorado County Jail unable to post bail. She is headed for prison.
“One day I was building a deck for a client and riding my bike to the store and the next second I was hit by a drunk driver and left on the side of the road for dead,” Rose says of how his life has unfolded. “I received a life sentence of sorts. I will never be able to do a lot of things I wanted to do. I will never be able to go free climb a mountain or backpack. I used to go backpacking. I cannot do that again. I really liked my work … and I can’t do that.”
But it’s even the basics of life that Rose has difficulty with. He can barely walk. Crutches and a wheelchair are how he gets around most of the time.
He can’t drive.
“My right foot won’t lift up. You need range of motion for the gas pedal,” Rose told Lake Tahoe News.
He pays for the bus to pick him up to take him to physical therapy.
Rose was a contractor before the accident. He remodeled kitchens, bathrooms, put on new decks, laid wood floors and did other work.
Like many who are self-employed, he didn’t have health or disability insurance. He has been able to get health insurance through El Dorado County that pays for his physical therapy.
He lives with his girlfriend who pays most of their bills.
Rose has an attorney who is working with Whalen’s insurance. What the payout might be he doesn’t know — assuming there is one.
Even though he is in constant pain, the most meds he’ll now take is an over the counter drug like Advil.
This, despite losing 50 percent of the muscle in his left forearm that he says will never come back. His arm strength is about 20 percent of what it was. He’s lucky if he can lift something that weighs 2 pounds. His hand cannot open all the way.
His right leg was broken in three places.
Rose’s days are spent “burning a hole in the couch” with all the sitting. Even cooking is an ordeal because he can’t lift pots and pans.
“I would love to be able to walk again. I want to take my dog for a walk,” Rose said. “I know I will always have a limp. If I can walk with a cane, that would be a goal. I would love to work again.”
He knows he will never return to the physical labor he so enjoyed. But a management position in construction is something he sees as a real possibility.
“I have a good attitude, good sprit. I’m looking at things positively, though realistically,” Rose said. “I have not had depression, other than what would normally be expected.”
Rose says he has forgiven Whalen, but it will be impossible to forget that fateful day.
“I do think if she only ends up serving a short stint in prison, she is getting off easy. I think she should do 15 to 20 years, not two to three,” Rose said.
Whalen was driving on Highway 89 near 12th Street in South Lake Tahoe on Aug. 21 when her vehicle struck Rose, who was on his bicycle. She fled the scene.
One day Whalen will go to prison. She has pleaded guilty to felony hit-and-run with injury, felony driving under the influence and causing injury, and felony failure to yield with the intent to evade. This is will be a strike under California’s three strikes law.
She could be sentenced from zero time with felony probation to about five or so years in state prison. The time she has spent in El Dorado County Jail does not count toward prison time. Ultimately it is up to the judge.
The probation department in working on a presentencing report. Rose will be interviewed for the report and could speak at the sentencing hearing.
“It is very unusual for someone to plead out in this manner. It appears to reflect her remorse and willingness to accept responsibility for her actions without need of trial or even a preliminary hearing,” El Dorado County Assistant District Attorney Hans Uthe told Lake Tahoe News.
Whalen has no prior convictions.
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Terry Soule, Adam Rose’s mother, shares her thoughts in this column.
A lot was left out of this story with regards to the driver.
https://www.laketahoenews.net/2012/08/south-tahoe-cyclist-seriously-hurt-by-alleged-drunken-driver/
Whalen needs to spend her life in prison until Adam FULLY recovers.
Best wishes to you Adam and try to stay positive. I can’t even imagine.
Up to 5 years??
That in itself is criminal. She completely changed a life. She needs to stay in prison a very long time. And any money beyond her own bare survival should go to support the man whose productive life she destroyed.
Our legal system is messed up.
The Legislature passes the sentencing laws that are applied by the courts. If you think the potential sentence is too light, speak to your local representative about proposing a change in the law. A life sentence is not available in this case, despite the horrific impact that it has had on the life of the victim.
When I was a volunteer driver for The Senior Center van program, we took patients in recovery to/from appointments even if they were not seniors. They may be able to help Adam with rides. Call (530) 542-6094 for more information.
This is such a tragic story. Reading of Adam’s struggle is heartbreaking. Moreso even because I know Chris Whalen. It’s a small town afterall and she raised her daughter here. Our kids played together when they were in middle school. My prayers go up for both families who are feeling the deepest pain from what has happened. For Chris’s family who have watched her disease take her life and freedom painfully and slowly to Adam and his family who are struggling physically and emotionally – trying to find peace with the results of Chris’s actions. I’m so impressed with you Adam and your ability to forgive, for this, I see you as a more than healthy individual. With this ability in tow, I have no doubt that you will be functioning in ways even better than before. I’ll keep you in my prayers and hopefully you keep us updated to your progress. For you Chris, I’ll keep praying you up as well. There is goodness is all of us and I know that you are horrified and haunted by your actions. May everybody find peace.
Adam, I wanted to say that you have so much strength and you are going to walk again one day. I was hit by a drunk driver in 2010 while walking down the side of the street, but not nearly as you had. The driver was going much slower and I was taken to the hospital right away. I spent 3 months bed ridden and 9 months on crutches. I feel your pain, not being able to do the things you were able to do before really gets you going, but I have found my peace with it and even though I have a limp I still do my best.
I wish you all the best in your recovery and I hope that they figure out how to help you with your bills. I know that it is a pain and it’s hard to get them to settle. It took over a year for me as well. Good luck and the best to you!!!
This goes out to Adams girlfriend whom supported him before the accident and still supports him.She is the real pillar of support
This guy is a victim of the ripoff insurance company healthcare now? hes worrying about bills and we won’t cover that and stupidity of people that support the for profit thieves/ Let’s join the rest of the world and throw out the heartless profiteers, health care for all. Obamacare is a babystep.
Hey Adam, you’ll get better, don’t loose hope and keep fighting! You are a strong and smart guy, you will walk again! Say bye bye to the construction business and go back to school to learn something else.
Regarding Christine, I don’t think it matters if she stays in prison for 1, 5 or 20 years, who cares? That will only benefit the prison system and she will not come out being a better person anyway. She made a huge mistake and prison won’t fix anything. What should be done is that since you are now unable to proceed with a normal professional life, she should pay you a monthly allocation for life!
Stay focus …
As the father of Adam Rose, I, too, am most proud of my son. Words can never express the devastation one feels upon learning of a horrific accident involving a loved one. My first inclination was to race to my son from the Bay Area, which I did during the night, not knowing what I was to learn or see. The initial sight of my son so badly injured was one that will forever remain in my memory bank. However, Adam has a strong constitution, a great attitude, sense of humor and forgiving heart. With his strength of spirit I am confident Adam will work his hardest to restore his health emotionally and physically. It will be a long haul but with all the love coming from so many supporting him on this journey I know my son will be a success story. Thank you to all who care about Adam and thank you to the first responders and the medical and surgical team of Renown Hospital in Reno. I am grateful for all. I love you son.
tahonymous, I think you hit the nail on the head. We hear all the time that prison is meant to punish or reform. But really its true purpose is to keep the bad people in society from hurting the good people. An adult time out if you would. Giving her a life time out won’t fix Adam. If she is truly remorseful she has already reformed, so why punish her at societies expense? Making her pay Adam for his life would be an actual step towards justice.
One of the points of prison, aside from keep innocent people safe from dangerous people, is punishment. Remember the old saying, if you can’t do the time, then don’t do the crime? If we never punish anyone for their crimes, what, may I ask, will discourage other people from also committing crimes? Knowing that I would get my ass beat kept me from doing a lot of stuff when I was a kid. Maybe even kept me out of jail, in a roundabout way. Saying you’re sorry just doesn’t cut it. I’ve heard it too many times. It doesn’t mean squat.
Not sure it’s any better for victims in Nevada. Hope Adam has a brighter future.
http://www.rgj.com/article/20100214/NEWS/2140350/DUI-offenders-released-early-despite-state-law
So sorry for everything you’ve gone through Adam.
I hope justice is served and that you make a full recovery and can begin enjoying all the activities you once did and MORE.
So much injustice has been endured by so many.
http://www.rgj.com/article/20100214/NEWS/2140350/DUI-offenders-released-early-despite-state-law
You are such a strong and inspirational person to keep looking at the positive and for finding forgiveness.
It’s beyond unfair and unconscionable that victims of other people’s recklessness and fool-hardy choices (call a cab people!) face a lifetime of pain and suffering, not to mention the destruction of their lives, financial stability and future, while the offenders often walk away unscathed after virtual slaps on the wrist.
excellent question. i also wonder…