A long time coming but a long time drunk driver going to the slammer for murder for killing a cyclist while drunk driving. This is a case the local cycling community has rallied around.
Windsor woman was killed while riding her bike on Mark West Springs Road on March 28, 2005.
By LORI A. CARTER
THE PRESS DEMOCRAT
A guilty plea Wednesday brought an unexpected end to a murder case in which a man with a long history of drunken-driving admitted killing a Windsor woman bicycling on Mark West Springs Road.
Joseph Lynchard of Santa Rosa pleaded guilty to second-degree murder in the death of Kathryn Black, 43, a charge for which he faces a prison term of 15 years to life.
The plea came a day before a panel of more than 100 potential jurors was to be summoned to the courtroom to be questioned for a three-week trial that was expected to include graphic photos and damaging testimony.
Lynchard, 74, who had been convicted of drunken driving six times in the past 32 years, had a blood-alcohol level of 0.24 percent - three times more than the legal limit for driving - when his pickup struck Black on March 28, 2005.
According to testimony at a preliminary hearing, Lynchard drank seven glasses of red wine at his brother's Larkfield bar beginning at 8:30 a.m. before getting into his truck at midday.
Members of Black's family said they were relieved to avoid a trial and the still-raw emotions it was sure to inflame.
"I'm glad it happened, but I wish it would have happened earlier," said Lynn Darst, Black's step-mother-in-law. "We feel that this is the first time perhaps in Lynchard's life that he is being held accountable for his actions."
Deputy District Attorney William Brockley, the lead prosecutor, did not return calls seeking comment.
In a written statement, District Attorney Stephan Passalacqua, called the second-degree murder charge appropriate.
"This was a senseless and tragic loss that was completely avoidable," he said.
Lynchard's lawyer, Chris Andrian, said the probability of a guilty verdict from a jury slowly began to hit Lynchard, who has been in jail since May 2005.
"It wasn't right to put the Black family, it wasn't right to put his family, through this whole thing," he said. "The deeper we got into it, it was clear it was almost an impossible case.
"I think for Joe in the end, it was something that he needed to own up to, out of respect to the Black family."
He said the plea wasn't a "bargain" in the sense that the second-degree murder charge exposed Lynchard to what is essentially a life sentence. Three lesser charges, including vehicular manslaughter, will be dismissed at sentencing, scheduled for April 26.
"It was an offer that had been on the table, and we took it," he said. The prosecution "got what they wanted."
In a separate action, Lynchard is being sued by Black's husband, Hugh, and their 8-year-old daughter, Ashley. The family is suing Lynchard, his wife, his brother and the co-owner of the bar under a theory similar to criminal aiding and abetting.
Patrick Emery, the Black's lawyer, said the plea makes the effort to obtain a judgment against Lynchard easier.
"I'm glad Mr. Lynchard has taken responsibility for what he did," Emery said. "It impacts the civil case in that his fault for the occurrence, which was never in doubt, has now been legally established."
Hugh Black declined to comment, citing the advice of his attorney.
A judge ruled last year that the Blacks can argue that Lynchard's family and others essentially encouraged the behavior that led to Kathryn Black's death and are therefore potentially responsible. The suit seeks unspecified damages.
The brother's bar, Eddie's, was taken over by new owners after Clair "Eddie" Lynchard was forced to relinquish his liquor license by the state Alcoholic Beverage Control department.
Prosecutors made the unusual decision to charge Lynchard with murder, which would have required the m to prove he engaged in an "intentional, unlawful act with conscious disregard for the risk to human life" - essentially that he knew the dangers of his behavior yet acted anyway.
Drivers in two fatal DUI-related bicyclist deaths in 2004 were sentenced to terms of nine and 14 years in prison after being convicted of vehicular manslaughter.
But Lynchard's case drew more venom from bicycling enthusiasts and others because of his long record of drunken driving arrests.
"It was horrible he got off so many times," said Christine Culver, executive director of the Sonoma County Bicycle Coalition.
According to court records, Lynchard has at least six drunken -driving convictions since 1975, all misdemeanors.
Because of the length of time between convictions, the history didn't always show up in court records or count as a "prior" when he was convicted again. Court records show he was sentenced to a first-time drunken-driver class three times.
After his fourth DUI conviction in 1985, a probation officer who interviewed Lynchard concluded he was being treated with excessive leniency and represented a "real danger" on the road. Two more DUIs followed, in 1991 and 2001, before Black's death.
Andrian said he also wondered why a person with such a history was still allowed to have a driver's license.
"It's not excusing his conduct, but I want to know why the Department of Motor Vehicles never intervened here," he said. "Joe is a fundamentally law-abiding citizen. If Joe wouldn't have had a driver's license, he wouldn't have driven a car. But when you have someone who is an alcoholic, they think 'I'm OK to drive' because their judgment has been impaired by the illness.
"Under all that, it should be said that Joe is not an evil, mean person. He knew he had to step up."
Last changed: Jan 25, 2007 © The Press Democrat. For copyright information view our User Agreement
Windsor woman was killed while riding her bike on Mark West Springs Road on March 28, 2005.
By LORI A. CARTER
THE PRESS DEMOCRAT
A guilty plea Wednesday brought an unexpected end to a murder case in which a man with a long history of drunken-driving admitted killing a Windsor woman bicycling on Mark West Springs Road.
Joseph Lynchard of Santa Rosa pleaded guilty to second-degree murder in the death of Kathryn Black, 43, a charge for which he faces a prison term of 15 years to life.
The plea came a day before a panel of more than 100 potential jurors was to be summoned to the courtroom to be questioned for a three-week trial that was expected to include graphic photos and damaging testimony.
Lynchard, 74, who had been convicted of drunken driving six times in the past 32 years, had a blood-alcohol level of 0.24 percent - three times more than the legal limit for driving - when his pickup struck Black on March 28, 2005.
According to testimony at a preliminary hearing, Lynchard drank seven glasses of red wine at his brother's Larkfield bar beginning at 8:30 a.m. before getting into his truck at midday.
Members of Black's family said they were relieved to avoid a trial and the still-raw emotions it was sure to inflame.
"I'm glad it happened, but I wish it would have happened earlier," said Lynn Darst, Black's step-mother-in-law. "We feel that this is the first time perhaps in Lynchard's life that he is being held accountable for his actions."
Deputy District Attorney William Brockley, the lead prosecutor, did not return calls seeking comment.
In a written statement, District Attorney Stephan Passalacqua, called the second-degree murder charge appropriate.
"This was a senseless and tragic loss that was completely avoidable," he said.
Lynchard's lawyer, Chris Andrian, said the probability of a guilty verdict from a jury slowly began to hit Lynchard, who has been in jail since May 2005.
"It wasn't right to put the Black family, it wasn't right to put his family, through this whole thing," he said. "The deeper we got into it, it was clear it was almost an impossible case.
"I think for Joe in the end, it was something that he needed to own up to, out of respect to the Black family."
He said the plea wasn't a "bargain" in the sense that the second-degree murder charge exposed Lynchard to what is essentially a life sentence. Three lesser charges, including vehicular manslaughter, will be dismissed at sentencing, scheduled for April 26.
"It was an offer that had been on the table, and we took it," he said. The prosecution "got what they wanted."
In a separate action, Lynchard is being sued by Black's husband, Hugh, and their 8-year-old daughter, Ashley. The family is suing Lynchard, his wife, his brother and the co-owner of the bar under a theory similar to criminal aiding and abetting.
Patrick Emery, the Black's lawyer, said the plea makes the effort to obtain a judgment against Lynchard easier.
"I'm glad Mr. Lynchard has taken responsibility for what he did," Emery said. "It impacts the civil case in that his fault for the occurrence, which was never in doubt, has now been legally established."
Hugh Black declined to comment, citing the advice of his attorney.
A judge ruled last year that the Blacks can argue that Lynchard's family and others essentially encouraged the behavior that led to Kathryn Black's death and are therefore potentially responsible. The suit seeks unspecified damages.
The brother's bar, Eddie's, was taken over by new owners after Clair "Eddie" Lynchard was forced to relinquish his liquor license by the state Alcoholic Beverage Control department.
Prosecutors made the unusual decision to charge Lynchard with murder, which would have required the m to prove he engaged in an "intentional, unlawful act with conscious disregard for the risk to human life" - essentially that he knew the dangers of his behavior yet acted anyway.
Drivers in two fatal DUI-related bicyclist deaths in 2004 were sentenced to terms of nine and 14 years in prison after being convicted of vehicular manslaughter.
But Lynchard's case drew more venom from bicycling enthusiasts and others because of his long record of drunken driving arrests.
"It was horrible he got off so many times," said Christine Culver, executive director of the Sonoma County Bicycle Coalition.
According to court records, Lynchard has at least six drunken -driving convictions since 1975, all misdemeanors.
Because of the length of time between convictions, the history didn't always show up in court records or count as a "prior" when he was convicted again. Court records show he was sentenced to a first-time drunken-driver class three times.
After his fourth DUI conviction in 1985, a probation officer who interviewed Lynchard concluded he was being treated with excessive leniency and represented a "real danger" on the road. Two more DUIs followed, in 1991 and 2001, before Black's death.
Andrian said he also wondered why a person with such a history was still allowed to have a driver's license.
"It's not excusing his conduct, but I want to know why the Department of Motor Vehicles never intervened here," he said. "Joe is a fundamentally law-abiding citizen. If Joe wouldn't have had a driver's license, he wouldn't have driven a car. But when you have someone who is an alcoholic, they think 'I'm OK to drive' because their judgment has been impaired by the illness.
"Under all that, it should be said that Joe is not an evil, mean person. He knew he had to step up."
Last changed: Jan 25, 2007 © The Press Democrat. For copyright information view our User Agreement