[tabi] Re: Today is a sad and shameful day
- From: "Easy Talk" <Easytalk@xxxxxxxxxxxxx>
- To: <tabi@xxxxxxxxxxxxx>
- Date: Mon, 20 Jan 2014 12:08:20 -0500
Amnd the other sad thing is that the hearing officer can't even read the White
Cane law and comprehend what he just read. He gave the reason for his decision
was that the truck was already initiating his turn which is exactly what the
white cane Law says you don do. It says every vehicle shall stop to allow the
pedestrian to safely cross the street and has no exemptions for 18 wheelers.
The driver said he had already started making his turn which to me is addition
that the White Cane Law was violated.
The law says stop not start turning.
I firmly believe the whole thing was rigged from the get go. This guy came all
the way from Miami with out a lawyer and the cop doesn't show up. Sounds fishy
to me.
Having a degree in Criminology and working in law enforcement I know if a cop
wants to get a case thrown out just don't show up. There was another witness
who actually saw the whole thing and made the call to 911, left since she had
a small baby in the car but gave her phone number to another witness which was
given to the officer she was never contacted by the police and wasn't
summonsed to appear. The witness that the judge based his decision on was
about half a block down from the intersection and didn't actually see me get
hit since there were other cars between me and her. For some reason the
hearing officer said I got hit by the back of the trailer which is totally
wrong. I never got hit by the trailer any where, a blinker that was sticking
out about mid ways of the trailer is what hit me and I know this because the
witness that left told me that is what happen and she was standing right by me
while I was still laying in the road and she handed me her phone to talk to the
911 operator. Anyone who uses a guide dog knows that the dogs back flanks are
near your left leg which means the dog could be 2.5 to 3 feet in front of you.
If I had been hit by the trailer Sherman would be dead.
Robert
This nothing but good old boys doing there good old buddies favors.
Robert
Robert
----- Original Message -----
From: Shelley Sawyer
To: tabi@xxxxxxxxxxxxx
Sent: Monday, January 20, 2014 11:20 AM
Subject: [tabi] Re: Today is a sad and shameful day
It is my understanding that if the investigating officer doesn't show up for
court, the charges and the case are almost always dismissed. In all
probability, Officer Thompson knew what she was doing. How truly sad this all
is. Even worse, how truly scary it is for us!!
Shelley
----- Original Message -----
From: Sila Miller
To: tabi@xxxxxxxxxxxxx
Cc: fcb-l@xxxxxxx
Sent: Sunday, January 19, 2014 8:47 AM
Subject: [tabi] Today is a sad and shameful day
Good morning All,
As many may recall, Robert was struck by a semi truck while crossing a
street here in Tallahassee, in August. The driver, doubtless, trying to save
his commercial driver’s license contested the charge and a non-jury trial was
set for January 15th.
Three witnesses (including Robert BUT NOT investigating Officer Thompson
who did not show up for court) testified at that trial about the events
surrounding the incident. It was established by all witnesses during testimony
that Robert was indeed obeying traffic signals. One witness stated, “The dog
should have never left the curb”. Defendant, Wesley Truesdell testified that
Robert walked into the truck which he’d brought to a stop when he finally saw
Robert. Presiding Hearing Officer, Gary Roberts seemed thorough and fair to me
and I was hopeful that the right decision would be forthcoming, as he promised
to read the White Cane Safety law.
Unfortunately, I couldn’t have been more wrong. Today when we went to the
website for Leon County Traffic Court, we found that case #2013 TR 037367
against Defendant: Wesley Truesdell was DISMISSED.
I amended to Robert’s early August message which basically outlines events
as they unfolded for him. I do not know if the White Cane Safety law has ever
been challenged in court before but I am afraid that this will set precedence
for a safe future for blind pedestrians. I am appalled at decisions made by law
enforcers who are supposed to protect the rights, not privileges of citizens. I
have, and will maintain that driving is a privilege, while walking (crossing
streets) safely is a right.
Any recourse is gone now, as re-charging Mr. Truesdell would be
double-jeopardy. I could not feel more like a second-class citizen or less
protected by authorities. What of the Mayor’s White Cane proclamation in
October? What of Sherman’s medal of valor? How could someone “walk into a
truck” and get a bruise on the area of the upper-arm as Robert had? What of Mr.
Truesdell’s change in story which caused Tallahassee Police personnel to decide
to charge him after all? Is the investigating officer’s absence (lack of
testimony) representative that the police department actually believes Mr.
Truesdell is not at fault? Is Robert’s persistence in demanding that Mr.
Truesdell be charged with the White Cane Safety law and upsetting Officer
Thompson who wasn’t going to charge Mr. Truesdell with a violation an excuse
for not upholding the White Cane Safety law, clearly broken, even if Robert
“walked into that truck”? Am I reading the White Cane Safety law incorrectly to
believe that the driver is at fault for entering the intersection while a blind
pedestrian was in process of crossing with a guide dog?
----- Original Message -----
From: Easy Talk
To: Kirk Harmon ; Mike Ulrich
Cc: fcb-l@xxxxxxx
Sent: Monday, August 05, 2013 5:49 AM
Subject: Re: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With
DeathAt An Intersection
Just getting law enforcement to be aware of the White Cane law would be a
major step and more important is getting them to have the right attitude. In
both cases where I was hit I had to demand that the driver be charged with
violating the White cane law. As soon as you ask the officer if they are aware
of the law, they get defensive and cop the attitude that you are trying to tell
them how to do there job. The first time I was hit, the officer did charge the
driver but when I got home, I got a call from the officer and he told me he was
going to resend the ticket since the driver of the car behind the one that hit
me saw me push the wrong button. In my most recent situation, the officer told
me she wasn't going to site the driver since he was driving a semi and they
take more room to make a turn and he was already making his turn when I
started to cross the street which was a lie.
The street I was crossing was 3 lanes and I was almost across the second
lane and approaching the third lane when he made a rolling right turn on
green.at which point when Sherman stopped, I was about 18 inches from the
truck, As I was cursing the driver, a blinker sticking out about mid ways of
the trailer hit me on the back of my right arm and knocked me down since I had
Sherman's leash in my right hand.
At some point I transferred Sherman's leash to my left hand and as I was
falling, Sherman pulled me back and to the left which is what kept me from
going under the truck. The first thing the driver said when he got out of his
truck was, I didn't see you man, I'm sorry. By the time the officer arrived on
the scene The driver figured out, it wouldn't be a good thing to tell the cop
he didn't see me so he told her he saw me waiting to cross the street but he
was already making his turn and basically I walked in to the side of his truck.
When I tried to explain all this to the officer, she was having no part
of it and kept saying what the other witnesses said of which there were 3 other
than the driver and the 3 witnesses certainly didn't say to me what the officer
was saying so I ask her what witnesses she was referring to and she said she
was talking about the driver of the truck. I ask her what about what I was
telling her, that I was a witness and I was there and I was still alive. I
certainly got the impression she thought since I couldn't see I wasn't a
credible witness. This pissed me off and so I told her, lets look at the
evidence and explained to her based on where I was hit by the blinker and
where I was in the road there is no way the accident could have happened the
way the driver said it did. After standing out in the sun for 45 minutes while
the cop was in her car talking to her sergeant and dispatch, she came back and
I ask her if she had read the white cane law she said yes. I then ask her if
she was going to site the driver and she said no. She said I was free to go.
I told her she hadn't heard the last of this and when I got home, I called the
police department and spoke to SGT Simms and explained basically what I have
posted here and he backed the officer's decision and even inferred for some
time she didn't even know I was blind and the driver didn't either. I informed
SGT Simms they would be hearing from my attorney. I called back a few minutes
later to request a copy of the police report and by that time things had
changed and I was informed that the driver had been sited for violating the
White Cane law but they weren't going to site him for violation of the
pedestrian safety law.
Until we get the legislation passed we have been trying for the last 3
years each incident will be your own battle but isn't going to do anything to
change things state wide.
If you want to read how screwed up what some sighted people thing about
blind people and the White Cane law, go to wctv.tv and open the link to the
article and then hit space bar on the like button. the comments start after
the third header on the page.
Robert
----- Original Message -----
From: Kirk Harmon
To: Mike Ulrich
Cc: Easy Talk ; <fcb-l@xxxxxxx>
Sent: Sunday, August 04, 2013 8:05 PM
Subject: Re: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With
Death At An Intersection
Good for you Mike! As far as you your quest for solid white miniature
candy canes attach to the law we did that in Orlando many many years ago when
we went back to do it for the last time the manufacture of the candy canes that
gave us white candy canes a quick Mcmanimon know we could get was the red and
white or gray and whiiings. Good luck to you as I worked hard on finding
another manufacturer that would provide us with a solid white miniatur to no
avail. As far as getting the public To become familiar with the Whit can e law,
it will be in matter of consistency
by our law enforcement community to site people when they make the
infraction of this law and to continue doing so here and you're out it is also
a wise idea, I believe, to educate the new young drivers through high schools
etc.. Consistency in longevity yin my opinion through these law enforcement
efforts will be the only way people will actually realize this law is there to
be followed I believe also we will save many many lives in the long run. Kudo
to your efforts, Kirk
Sent from my iPhone
On Aug 4, 2013, at 7:35 PM, "Mike Ulrich" <mulrich@xxxxxxxxxxxxxxx> wrote:
Holy cow Robert!
Glad to have you back among the living breathing and still walking!
Speaking of Too close for comfort close calls, I will be working with
our City of Cape Coral Police Department’s Public Affairs Officer; Lieutenant
Tony Sizemore with a new program.
This will be a program in which the traffic officers will be handing
out warnings to motorists breaking the right turn on red law, and blocking of
Pedestrian cross walks, that is, stopping past the stop bar.
At least this is where it stands as of now. I intend on bumping it up
to include educating the driving public on the White Cane Law of Florida. But
it is now at the first step of the poker game! Know what I mean?
What I’d really like to do, is to get the officers to hand out a card
with the Florida White Cane Law printed on it along with a kind of candy cane
type candy, but shaped like a white cane!
I’m having a hard time locating a candy making company that could make
these White Cane candies in bulk, at either a pro-bono price or at as little
price as possible.
The Police Department will be blasting out this program to all of its
Social Networks and through the local media outlets as a program of the Cape
Coral Police Department in cooperation with the Southwest Florida Council of
the Blind.
They will be doing this program as a two pronged approach. Starting
right now, and during the week of October 15 National White Cane Safety Week!
I am looking very much forward to working with the CCPD with this whole
program, but it all depends on the driving public actually remembering not only
the White Cane Law, but to look out for all pedestrians in general, and that’s
always the big crap shoot! Ain’t it?
Good luck to all, and let’s be careful out there!........Mike
Michael D. Ulrich
President
Southwest Florida Council of the Blind
“Providing Insight for Blindness”
Home phone: 239-540-7431
Cell phone: 239-565-5845
Email: mulrich@xxxxxxxxxxxxxxx
From: fcb-l-bounces@xxxxxxx [mailto:fcb-l-bounces@xxxxxxx] On Behalf Of
Easy Talk
Sent: Sunday, August 04, 2013 8:07 AM
To: fcb-l@xxxxxxx
Subject: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With
Death At An Intersection
----- Original Message -----
From: Easy Talk
To: tabi@xxxxxxxxxxxxx
Sent: Sunday, August 04, 2013 7:58 AM
Subject: [tabi] Blind Tallahassee Man Has A Brush With Death At An
Intersection
Blind Tallahassee Man Has A Brush With Death At An Intersection 8-3-13
11pm
By: Bailey Myers
August 3rd, 2013
Tallahassee FL - A blind Tallahassee man had a brush with death
Saturday at the intersection
of Killearn Center Boulevard and Village Square.
Robert Miller explained, "If it wasn't for him...um...you would be
doing a different
story."
It's a story about his seeing eye dog, Sherman, who saved his life.
Robert Miller
has been blind since he was born, and has depended on his seeing eye
dogs since he
was seventeen, but on Saturday that bond between man and dog was tested.
"He lunged to the left and back, pulling me away from the truck,"
Miller said.
Miller also said Sherman stopped him in the middle of the cross walk
before a semi-truck
rounding the corner was able to fully hit him. Instead it only hit his
right arm,
knocking him over in the middle of the intersection.
"And I've been hit twice at that intersection, and it could very well
have cost me
my life," said Miller.
Both Miller and his wife Sila, who is also legally blind, take that
walk every day.
Hoping that people obey the traffic laws.
Particularly one law, Florida's White Cane Law, which states: "Whenever
a pedestrian
is crossing... guided by a dog guide or carrying in a raised or
extended position
a cane... the driver of every vehicle approaching the
intersection...shall bring
his or her vehicle to a full stop. "
The difficulty is, it doesn't seem like many people know about the law.
When asked,
'Have you ever hear of the white cane law' one passer by said, "No I've
never hear
of that."
Eyewitness News Reporter Bailey Myers asked more than a dozen
passersby, and they
all had the same answer, 'No, I don't know it.'
According to Miller even the police officer who arrived after he was
hit didn't know
about it either.
Robert's wife Sila Miller said, "It's very frustrating when your
independence is
compromised like that by someone just being in a hurry or not paying
attention."
Both of the Millers have been hit by a car at that intersection. Now,
they just hope
Florida's Legislature addresses the issue and work to get the word out
about the
White Cane Law.
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