Ex-Ont. cabinet minister Byrant

[Topaz]

The ex minister was in a fatal accident in Toronto when a cyclist was killed. The police won`t for sure its Byrant because he hasn`t be charged as yet but charges are coming. http://ca.news.yahoo.com/s/capress/090901/..._cyclist_killed

[madmax]

The ex minister was in a fatal accident in Toronto when a cyclist was killed. The police won`t for sure its Byrant because he hasn`t be charged as yet but charges are coming. http://ca.news.yahoo.com/s/capress/090901/..._cyclist_killed

A charge has to come.

The vehicle was driving on the wrong side of the road and drove up on to a curb trying to knock the cyclist off for about 100 metres, witnesses said.

"Lots of people were watching and they couldn't believe what was happening," said Ryan Brazeau, a worker with a crew laying sewer pipes on Bloor.

The vehicle veered onto the eastbound lanes and mounted the curb, brushing against trees and poles. The victim was apparently run over by the rear wheels of the vehicle, witnesses said.

[August1991]

“It seems like he's getting special treatment because he's somebody that's somebody,” David Roy Sheppard said in a telephone interview from prison in Winnipeg, referring to Mr. Bryant.

“If it would have been vice versa, if the person would have hit [Mr. Bryant] they would have been in jail and there wouldn't have been any release,” said David Roy Sheppard's wife, Kelsie Smith.

G&M

Until yesterday, I didn't know who this guy Bryant is and I suppose too that it's unlikely that he'll skip town. Nevertheless, I think that these people have a point.

[jbg]

Apparently, Michael Bryant, former Liberal Attorney General in Ontario, didn't apply the crusade for safety to his own conduct. Though I know Liberal politicians are known for their strong and firm convictions, this one seems to have backslid, or shall I say skidded, a bit.

Canadian Politician Charged in Death (link)

Published: September 1, 2009

OTTAWA — As the high-profile attorney general for Ontario, Michael Bryant had championed severe and controversial traffic safety laws. On Tuesday, he was charged with criminal negligence causing death and with dangerous driving causing death in an unusually violent episode of road rage involving a bicyclist.

Michael Bryant, a former Ontario attorney general, in the back of a police car on Monday night.

The arrest of Mr. Bryant stemmed from a collision between a bicycle and an automobile in Toronto’s most prestigious shopping district late Monday evening. The episode started off as minor but swiftly escalated, leading to the death of Darcy Allan Sheppard, 33, who was identified as a bicycle courier.

After the collision, Mr. Sheppard apparently grabbed the driver’s side door and held on. Within moments, the police received reports of a Saab convertible racing past the fashionable shops of Bloor Street with a man clinging to its side. Two construction workers doing repairs along the road told CTV, a Canadian television network, that the car accelerated, its tires squealing, before veering into oncoming traffic on the left side of the street.

The workers said that the motorist repeatedly mounted the sidewalk and drove near lampposts in what seemed to be an attempt to brush off the man hanging onto the side.

One of the workers said the driver was “yelling pretty loud and he sounded very, very angry.” The other worker said, “He meant to knock him off.”

Several witnesses said that the clinging man flew off of the car after striking a mailbox. Sgt. Tim Burrows of the Toronto police traffic division said Mr. Sheppard died shortly after arriving at a hospital.

[jdobbin]

Until yesterday, I didn't know who this guy Bryant is and I suppose too that it's unlikely that he'll skip town. Nevertheless, I think that these people have a point.

People are routinely released on bail rather being remanded to custody. I know some people feel that everyone should be remanded to trial but is it necessary for people who have never been charged before? Do we even have the capacity to hold everyone till trial?

[Wild Bill]

It's beginning to look as if the most likely scenario as to what happened was "Ranting and raving cyclist has issue with car driver, hangs on mirror making threats. Driver is afraid for his own safety, if not life. So driver tries to shake cyclist away from his car. Cyclist finally does, but falls off his bike and dies of injuries."

So it will sound like a variation of a self-defence situation. The irony if such a plea is successful is that an ordinary citizen likely wouldn't!

There will be talk that Bryant over-reacted. It will be pointed out that a car is much larger and more dangerous than a bicycle. Some will claim that Bryant should simply have stopped and waited for police, meanwhile using only "proportionate force" to defend himself.

My point is that these situations are immediate. There is little or no time to do much else, or to even think of something! There is only time to act by instinct. Yet often the law seems to be dictated by "armchair quarterbacks" with little or no grasp of the reality of the situation.

Some years ago a talk radio show was discussing a case where a policeman had shot a youth in a dark alley. The youth had apparently jumped out at him suddenly with a fake gun in his hand. Many were upset that the cop had shot a minor and felt he reacted excessively.

There were all sorts of callers with alternative suggestions for how the cop should have acted. None of them seemed practical to me. One even offered that the cop should have shot the gun from the minor's hand!

Yeah, in a dark alley with a sudden appearance from nowhere, apparently armed with a gun, the cop is supposed to be a circus trick shooter.

Bryant was Attorney General. I find it ironic that he is now experiencing first hand what many ordinary citizens have experienced. He may have had to re-think some of the opinions about law that he held before this happened to him.

It might have been more positive if this had happened to the PRESENT Attorney General, in order to give HIM some real-world perspective!

[Wild Bill]

Am I the only one who keeps thinking about Mary Jo Kopechne?

Or the old joke:

"If Ted Kennedy had been driving a Volkswagen at Chappaquiddick, Mary Jo Kopechne would be alive today!"

No matter what, Bryant has inherited Kennedy's albatross...

[Topaz]

Am I the only one who keeps thinking about Mary Jo Kopechne?

Or the old joke:

"If Ted Kennedy had been driving a Volkswagen at Chappaquiddick, Mary Jo Kopechne would be alive today!"

No matter what, Bryant has inherited Kennedy's albatross...

Since you bring Mar Jo. I'm sorry she died I remember the accident well, she must have know that Kennedy had been drinking and to that we are each responsible for when we get into a car when the driver has been drinking. Neither of them thought the accident would happen and both are to blame for the accident and the death of Mary Jo.

[scribblet]

I thought at first that this was a no brainer, Bryant just exhibited manic road rage or just went off the deep end. However, after reading more this morning, it appears that the cyclist was assaulting him and could have in fact, grabbed the steering wheel. If this is so, then it would explain the car veering into another lane etc.

[jdobbin]

I thought at first that this was a no brainer, Bryant just exhibited manic road rage or just went off the deep end. However, after reading more this morning, it appears that the cyclist was assaulting him and could have in fact, grabbed the steering wheel. If this is so, then it would explain the car veering into another lane etc.

There seemed a lot of people who jumped to conclusions about what happened and linked it to the behaviour of political parties and elections. And then there is the talk that that special treatment was given which I don't believe is true. An arrest was made, charges laid, bail will be set and a court time determined as is standard in any case.

I still don't think we know everything because there are still eyewitness accounts that are being collected.

It is a tragic end for the victim but there is a reason why lynch mobs are often incorrect. They don't have the facts.

Edited September 3, 2009 by jdobbin

[ba1614]

I thought at first that this was a no brainer, Bryant just exhibited manic road rage or just went off the deep end. However, after reading more this morning, it appears that the cyclist was assaulting him and could have in fact, grabbed the steering wheel. If this is so, then it would explain the car veering into another lane etc.

Me too, and the more that comes out, and the more I learn, the more I feel Bryant likely did exactly what many would do if with their wife and confronted by someone that angry. There's so many freaks out there now you don't know who's going to pull a gun or knife on you over something like this.

There might be more to come from this too. Apparently he had been drinking and was in an altercation with his ex-girlfriend where police intervention was required. The police could be in some trouble if it turns out he was drunk and they sent him on his way on his bike.

EDIT: Just seen on tv that Shepards friends are saying he was too drunk to get on the bike and ride. They are in fact questioning why police let him ride away.

This is gonna get messy.

Edited September 3, 2009 by ba1614

[kimmy]

In regard to the claim that Bryant is receiving special consideration: a prominent BC lawyer has been hired to prosecute the case.

And I believe that Wild Bill has it exactly right:

There will be talk that Bryant over-reacted. It will be pointed out that a car is much larger and more dangerous than a bicycle. Some will claim that Bryant should simply have stopped and waited for police, meanwhile using only "proportionate force" to defend himself.

My point is that these situations are immediate. There is little or no time to do much else, or to even think of something! There is only time to act by instinct. Yet often the law seems to be dictated by "armchair quarterbacks" with little or no grasp of the reality of the situation.

-k

[August1991]

People are routinely released on bail rather being remanded to custody. I know some people feel that everyone should be remanded to trial but is it necessary for people who have never been charged before? Do we even have the capacity to hold everyone till trial?

Very few get the VIP squad and a clean shirt, tie, razor and time in the washroom to shave.

The black suit, baby blue dress shirt and striped lime green tie had already been dropped off at the station before Staff Sgt. Brian Bowman began his shift at 4:30 a.m.

"I've never seen anybody bring a suit – personally – in my 28 years," Bowman said yesterday, when asked if that was unusual.

Toronto Star

It's beginning to look as if the most likely scenario as to what happened was "Ranting and raving cyclist has issue with car driver, hangs on mirror making threats. Driver is afraid for his own safety, if not life. So driver tries to shake cyclist away from his car. Cyclist finally does, but falls off his bike and dies of injuries."

I think that's the spin Bryant's PR people want you to believe.

Nevertheless, Bryant drove on the wrong side of the road, before many people, and you believe that he did this in "self-defence". (BTW, according to reports, the bicyclist dropped his bike and then ran to the convertible, roof down, on foot.)

I figure that this is a case of road rage, and both parties are probably guilty.

-------

Rich people seem to avoid criminal law but in fact the punishments are different, and just as arbitrary. Look at O.J. Simpson and Ted Kennedy.

I discussed this case with a colleague today and she reminded me of when Rene Levesque drove over a man and killed him.

Here is Graham Fraser's sympathetic version. You can google Edgar Trottier.

As links go, The Bonfire of the Vanities is probably better.

Edited September 4, 2009 by August1991

[Bryan]

I thought at first that this was a no brainer, Bryant just exhibited manic road rage or just went off the deep end. However, after reading more this morning, it appears that the cyclist was assaulting him and could have in fact, grabbed the steering wheel. If this is so, then it would explain the car veering into another lane etc.

The more I read about it, I think it's BOTH.

I'm thinking the scenario was likely something close to this:

Bryant probably was at fault in the first place, running the cyclist off the road or cutting him off dangerously. The cyclist clearly had a very bad day, and that was the last straw. So he decides to teach Bryant a lesson. Problem is, Bryant is oblivious to what he had done to the cyclist a moment earlier, and honestly believes this is an unprovoked attack, and proceeds to make a series of bad decisions to get out of the situation.

[jdobbin]

Very few get the VIP squad and a clean shirt, tie, razor and time in the washroom to shave.

Very few people have an entire group of media waiting outside waiting for them.

Very few people put officers, judges and others in possible conflict of interest

There is nothing that states you can't get dressed if you are released on your own recognizance with an order to report before the court. The police did nothing improper once the accused was released. If someone had a suit brought for them, it isn't forbidden.

There was no VIP treatment by the police that I could see. He sat in a jail cell longer than average. They didn't bring the suit nor did they make the decision to not to go to court for bail. The Crown decided the issue of conflict was too great and rushed to hire a lawyer from outside the province. Similarly, the issue of a judge deciding bail was going to be a big conflict as well. The Crown acted properly unless you believe that the accused should have sat in jail for a few weeks with no legal recourse.

I think that's the spin Bryant's PR people want you to believe.

You think?

You are prepared to condemn pretty early. There is still some investigating to go but it looks like there is more to the story than you seem willing to allow for.

Nevertheless, Bryant drove on the wrong side of the road, before many people, and you believe that he did this in "self-defence". (BTW, according to reports, the bicyclist dropped his bike and then ran to the convertible, roof down, on foot.)

I figure that this is a case of road rage, and both parties are probably guilty.

But you know just as little now other than you think both are guilty. You just seem to think that the accused is getting off easy.

I will wait for the investigation to conclude.

Edited September 8, 2009 by jdobbin

[M.Dancer]

Michael Bryant is vindicated.

It certainly helps to have deep pockets and a wife who is a senior lawyer at a top firm to oversee the process (Bryant himslef is a lawyer).

I can imagine the cost involved hiring the PIs to sift through countless hours of video tape that showed that Sheppard had an extensive history of road rage and the many interviews with witnesses who had recognised Sheppards face from previous encounters (he once attacked a woman in her mid 70s).

But in the end it was probably the video evidence that played the biggest role...

Much of what was publicly believed about Michael Bryant's fatal encounter on Aug. 31, 2009, with Darcy Sheppard turns out to have been false. He did not swerve across a street and ram Mr. Sheppard into a light post or tree or mailbox. He was not speeding along at 60 to 100 kilometres an hour.

http://www.theglobeandmail.com/news/opinions/editorials/michael-bryant-a-good-day-for-justice/article1580728/

Some courieors are saying it will be open season on them...this is nonsense..nor will it send the wrong message about the propriety of cyclists sharing the street with cars. It wasn't about a courior or even a cyclist. It was about one drunken lout with psychiatric issues who was killed though misadventure of his one doing.

If there is one feature about this that should cause concern, it is the cost of expert legal council. Someone without a wife earning 6 figures and a forest hill home to mortage wouldn't be able to hire the PIs and the top legal team...and quite possible someone without the resources to muster, even though innocent, would have gobe to trial and faced a life altering penalty.

[Michael Hardner]

The Star did their part on this today festooning the front page with pics of the deceased cyclist jumping on another car, in another incident.

The Star

[jbg]

The Star did their part on this today festooning the front page with pics of the deceased cyclist jumping on another car, in another incident.

The Star

What a class act the Star is -- not.

[Smallc]

Michael Bryant is vindicated.

It certainly helps to have deep pockets and a wife who is a senior lawyer at a top firm to oversee the process (Bryant himslef is a lawyer).

I don't think that helped at all in this case given that the Special Prosecutor basically decided that there wasn't a case...and probably shouldn't be.

[M.Dancer]

I don't think that helped at all in this case given that the Special Prosecutor basically decided that there wasn't a case...and probably shouldn't be.

No it did...the defense lawyer handed over to the prosecuter all the evidence they collected, which included the work done by the PIs, the videos of Sheppard attacking others, the interviews with people who had run ins with sheppard, interviews with police...when deliverd the evidence and when both the defence and the crown were able to walk through it together it was then theat the crown decided a conviction was next to impossible.

It would be interesting to know what the final legal defense bill was,,,,,and I bet the total would buy a modest 3 bedroom house Welland or St Catharines...

[Topaz]

Look at this way, if the cyclist didn't put his hand on the car door handle he would still be alive today even if the car drove away. No one on a bike should grab a door of a car unless they are willing to pay and he did, sadly.

[Born Free]

Look at this way, if the cyclist didn't put his hand on the car door handle he would still be alive today even if the car drove away. No one on a bike should grab a door of a car unless they are willing to pay and he did, sadly.

The cyclist was a drunken whackjob who had only one thing in mind when he tried to latch onto the car...

[madmax]

Bryant Ran into the Cyclist and tried to drive away.

Bryant claims he TWICE lost control of his vehicle before hitting the cyclist. Either Bryant was drunk or careless, and being it was his anniversery, he likely was impaired. We will never know. But he did hit the cyclist.

Bryant is the advocate for taking possession of ones vehicle even in innocent.

Bryant is tough on traffic offences.

Bryant got special treatment. A special prosecuter from BC, where he is from.

Bryant Boxes, hey, so did his prosecutor pal.

Bryants own lawyer handed over their case to the crown, something unheard of. Precedent setting.

I don't care if the person hit was a mental case. He was still hit.

His reaction to try to stop Bryant from leaving the scene by taking Bryants car keys out of hte ignition cost him his life.

Nobody in the real society is treated like Bryant. But he did get the Jaffer treatment.

[M.Dancer]

Bryant Ran into the Cyclist and tried to drive away.

Bryant claims he TWICE lost control of his vehicle before hitting the cyclist. Either Bryant was drunk or careless, and being it was his anniversery, he likely was impaired. We will never know. But he did hit the cyclist.

Bryant is the advocate for taking possession of ones vehicle even in innocent.

Bryant is tough on traffic offences.

Bryant got special treatment. A special prosecuter from BC, where he is from.

Bryant Boxes, hey, so did his prosecutor pal.

Bryants own lawyer handed over their case to the crown, something unheard of. Precedent setting.

I don't care if the person hit was a mental case. He was still hit.

His reaction to try to stop Bryant from leaving the scene by taking Bryants car keys out of hte ignition cost him his life.

Nobody in the real society is treated like Bryant. But he did get the Jaffer treatment.

I Believe nonsense, hearsay and rumours should always be given equal if not prefered standing than facts.

Bravo for your hodge podge assesment...

[Born Free]

Bryant Ran into the Cyclist and tried to drive away.

Drive a lot of bikes do you? You can remove the training wheels now...