CC_Minutes_2019_1021 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, October 21, 2019 Page 2 explained Mr. Gaughan went on to say"statements from witnesses and the evidence pre- sented indicated that standard was not met. There was a reasonable doubt that the driver was aware a pedestrian was in the crosswalk." Mr. Sley noted if that was the law and the case, everybody that hit someone in a crosswalk could say "I did not see them, I did not know they were there" and the person would get off. Sley noted that seems to be the standard that Mr. Gaughan is talking about but that is not the law. The law is that when you are a driver you have to keep a proper lookout to see people approaching the cross- walk and to slow down and be prepared to stop. That did not happen in this case. Mr. Sley explained the City Attorney told him on September 30, 2019 he felt he had probable cause to charge the woman, but he did not think he could prove the case beyond a reasonable doubt. That is invalidating the promise of the judge and jury. Mr. Sley sug- gested if there is probable cause, then bring the case forward and let the judge and jury decide if there is reasonable doubt as to her guilt or not. Mr. Sley indicated his son looked before he crossed the intersection. He noted he has run many miles with his son and it is always his custom to look. Others were not in a posi- tion to see. Another thing that has never been discussed is speed, at forty miles an hour a car travels approximately 20 yards per second. If his son saw a car 50 yards away think- ing he could clear the intersection easily, it is hard to judge speed with a car coming di- rectly at him. In 2.5 seconds, a car will clear 50 yards and hit you. Mr. Sley noted others who are looking at this case have expressed concern about what the City of Roseville has done with this case. For example, US Congresswoman Betty McCollum is looking into the matter and County Attorney John Choi is also looking into the matter. State Representative Jamie Becker-Finn is looking into it as well and all have expressed interest about the miscarriage of justice in this case. Sley expressed his con- cern if the woman should hit someone else and injure them but if that happens in the fu- ture, it won't just solely be her fault it will be all of the city's fault for not seeing that charges are brought against this woman. Mr. Sley indicated he seeks that justice be done in this case. Mayor Roe thought one of the reasons why the Council has not necessarily taken any ac- tion in relation to this is because, at least as far as he is concerned, there is a distinct role for the Council, as elected officials, and there is a distinct role for a City Prosecutor. He would personally be a little concerned if elected political officials began to second guess or interfere in the process of deciding whether or not to prosecute cases or whether cases are brought and whom to prosecute. Other than the comment made at the Council a few meetings ago requesting the City Manager and City Attorney review the case together and see if there might be a second look at it to change anything, he did not know if there is a further role for the Council. 5. Recognitions, Donations, and Communications a. Accept Donation from Jay Green for a Future Sidewalk on Rice Street