Charges dropped against Douglas County judge
By AP
MINDEN — A criminal charge has been dropped against Douglas County District Judge Michael Gibbons in an August accident that killed a bicyclist.
The vehicular homicide charge was dropped in a civil agreement because the family of victim Joseph Longo of Gardnerville didn’t want the judge prosecuted, attorneys for both sides said.
A justice of the peace signed an order approving the settlement Wednesday.
A criminal complaint filed last month alleged Gibbons failed to exercise due care when passing the 61-year-old bicyclist near Gardnerville.
According to the Nevada Highway Patrol, the judge was making a right turn when the rear of his vehicle struck the bike Aug. 20. Gibbons and the bicyclist were heading in the same direction, and Longo was not wearing a helmet.
The NHP investigation concluded Gibbons was at fault in the accident.
But Gibbons’ attorneys, David Houston and Kenneth Lyon, said they recreated the accident twice, using a forensic engineer and a former NHP accident reconstruction specialist, and would have presented evidence that Gibbons wasn’t to blame.
“We believe that this case is more properly resolved in a civil court because our accident reconstruction has shown that Judge Gibbons did not hit the bicyclist,” Houston said.
Houston and Lyon issued a statement saying they were pleased the misdemeanor charge was dismissed.
“No one wants to be personally involved in litigation, especially a judge,” they said. “The judge will continue to work for improved traffic safety and particularly for the use of helmets in all appropriate sports. This tragic incident has affected many people, and the judge wants to make sure positive changes result.”
District Attorney Mark Jackson said he told Moapa Valley Justice of the Peace Lanny Waite that he didn’t agree with the settlement, but he didn’t have the authority to put that in writing. As district attorney, he was not party to the settlement conference, the results of which are sealed.
Waite issued a stay against further proceedings, and a Jan. 13 court date was vacated. Waite was assigned the case after East Fork Justice of the Peace Tom Perkins disqualified himself.
Gibbons on Monday filed for re-election to a fourth term.
This is a mis-carriage of justice, if this had been you or me we would have been found guilty, the good old boy system is still alive and well.
The family of the victim did not seek prosecution. There still are lots of good people out there. The Longo family and Judge Gibbons are among them. I am sorry for their pain and respect their judgement.
Hey Old Timer : You have a point that ordinary citizens would be treated differently. But, a miscarriage of justice, I think not. What this does prove is that the system is fundamentally flawed in favor of the wealthy influential people, and against the poor. Judge Gibbons could afford to pay for a forensic specialist to prove his case. Gibbons case was simple, the bike rider struck his vehicle, not him hitting the bike rider. I wasn’t involved in the investigation. But based upon what I did learn, Gibbons passed the bike rider, then turned right, and during the process was struck in the rear by the bike rider. When this incident was first made public here, I described how the physical evidence would determine what happened. The location of where the bike struck Gibbon’s vehicle would determine fault. It appears that the physical evidence proved the bike rider had sufficient time to brake, but failed, then struck Gibbon’s vehicle. What would cause Gibbons to be culpable, would be if the evidence proved he had struck the bike rider with the right side of his vehicle as he began his right turn. This second possibility would leave physical damage on the right side of Gibbons vehicle. This apparently has been ruled out. This is no miscarriage of justice. But, let me expand on the case. If this happened to an ordinary citizen, the ordinary citizen wouldn’t have access to a forensic engineer that would help prove what happened. I think if this had happened to an ordinary citizen, the prosecution would go forward, and the result may be a miscarriage of justice. This is what concerns you and I. Myself, I wouldn’t know how to get help from a forensic investigator, nor would the state (who is prosecuting a citizen) allow their forensic investigators to help us citizens. This is what is unjust here. We don’t have access to the same witnesses that the state has in their pockets. In this case, Judge Gibbons did have access to help, where you and I would not.
Exactly so, Pizza Eater.
What if he had been in a car instead of on a bike? If someone passed you on the left then made a right turn immediately after, would it be your fault if you hit the other drivers truck? I’m sure there could be plenty on hair splitting to say who would be at fault, but undeniably it was a bad choice of the judge to pass the rider then make a right turn in front of him which clearly resulted in the riders death. Had the judge waited the few seconds for the rider to pass his intended turn there would have been no death.
Pete is right. Does not matter if you are an auto, pedestrian or a cyclist. If some one passes on left, then cuts you off to make a right in front of you without leaving a buffer zone for safety for the individual being passed, they are at fault. Does not matter if they hit the car/cyclist etc or they are hit because the buffer zone for safe reaction time was not implemented. A forensic investigator would probably be used regardless because a death was involved. The judge or you or me would of still been guilty of some vehicle code. The real travesty of justice I see is that a potential charge of manslaughter was dropped because the family did not want to press charges and worse yet, here is an individual who is in a position to pass judgement on others getting away with something that caused death and now he is able to be up for re-election. Hope the voters see through this one.
do you folks remember the Douglas County Sheriff who was drunk driving on Spooner Summit in his Sheriffs car and crossed the dbl yellow line and ran head on into another car causing serious injury.
That Sheriff had his sober Deputy take the breath test.
do you remember the Douglas County Deputy Sheriff who pulled over some young adults in Gary’s Casino parking lot, one of those kids was a smart ass to the Sheriff and some how the Sheriffs gun went off and shot the kid in the head killing him
the Judge is probably a nice guy but he’s not going to jail.
just like those Sheriff’s did not go to jail for what they did
Chief Slow, that was three sheriff’s ago. Douglas County Sheriff’s Office was a joke, but those days are long past. I have known Ron Pierini since 1973 when he was a new Deputy – as sheriff for the past 17 years he has brought DCSO to the 21st century, both in quality of its services and quality of its employees.
As a lifelong Democrat who, in recent years, has vowed to go to his grave without ever voting for another screwball Republican, I’ll be supporting and voting for Ron Pierini – whoever decides to run against him will find that he’s neither a pushover nor an easy political target.
P. P. and World Cycle : This has happened to me twice on my bike. Both times I had ample opportunity to hit my brakes and go about my business. An insufficient buffer zone could not be proven without a very reliable witness describing Gibbons passing then quickly cutting off the bike rider. I’ll tell you about my experience. When a vehicle passes me on my left, I can see the car in front of me hit the brakes (brake lights) then move into my path. If you are paying attention, it’s not difficult to see the trouble coming. The motor vehicle is right in front of you, so unless you have your head down, you’ll see what’s happening and hit your brakes. In this accident the bike rider was killed. I believe this bike rider was not paying attention to what was happening until it was too late. Gibbons may have been partly at fault, but I doubt if he was criminally at fault. This case was not prosecutable. It was best to let it go.
One last comment: Gibbons received preferential treatment. I’ll give you that much. If you or I had this happen to us, we would have faced prosecution.
Pizza, I have had it happen to me also. I ride at speeds averaging 18 mph and at times, many times faster. In a panic situation (which this would be) at that speed I am traveling 26 feet per second. Even paying attention to my surroundings and realizing evasive action needs to be taken, by the time I react and the brakes do their thing, I am probably going to hit the car. Damage done, end of story. At least I wear a helmet
World : You’re here discussing this issue with me because you were paying attention when danger presented itself. People who ride as fast as you do, should understand from this that speed can cause deadly consequences on a bike. I know from what you say here that the faster you go, the greater your awareness of the danger involved. That guy who died, probably wasn’t anywhere near as careful as you or I would be. We can’t prove anything more here through our discussion. Enjoy the football games. Bye now.
I drive through that intersection at least a couple of times a day. If Gibbons was signaling for his right turn, then the bicyclist was foolishly attempting to pass on the right (the gravel and debris on the right side notwithstanding) as he made the turn. If he wasn’t signaling, then there might be a bit more of a civil case, but the criminal case remains one of whether it’s legal or logical for a bicyclist to attempt to pass a slowing car on the right – turning or not.
As an occasional bicyclist, I sympathize with the hazards an underpowered two wheeler faces riding in car traffic. But, like any car driver, I constantly see bicyclists riding unsafely, inconsiderately and, occasionally even suicidally, attempting to enforce what they regard as impolite driving by trying to block traffic with their two wheelers.
A civil court may make some determination as to who was more liable, but there’s no way this case belongs in a criminal court.
Chief was that the same sheriff who commandeered the casino shuttle bus with people on board. Tahoe was like the wild west when I first moved here. Or as Ski Bumb puts it “the lawless 80’s”.
This case begs the question if a financial settlement was made to end the case with the agreement of the family which this very well may be. Negligence was not criminal if unintentional or accidental and this appears to be a non-DUI crash. It certainly could of been civil negligence on both parties. The DA wanting to go forward with this case brings up other questions of a political move and power play and a possible design of someone on the judge’s position.