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Drunk driving killer of cyclist convicted of murder...
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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
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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Thanks for posting Mike.

clm
Nashville, TN
https://twitter.com/ironclm | http://ironclm.typepad.com
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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I used to live on Mark West Springs Rd. It's a dangerous place to ride and I can imagine there is a lot more traffic these days. Lots of blind turns where you listen carefully for cars coming from behind and then go like heck.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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Wow, finally some semblance of justice in one of these cases.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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I'm happy at least one person had the decency to admit his/her fault. I wish the families well.

"Pace is just a matter of having enough RedBull..." -Rappstar
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Re: Drunk driving killer of cyclist convicted of murder... [Mike C] [ In reply to ]
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Amen to that!!!

Michael in Kansas
"Once you learn to quit, it becomes a habit"
"Its not whether you get knocked down, it's whether you get up" Lombardi
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Re: Drunk driving killer of cyclist convicted of murder... [schroeder] [ In reply to ]
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Hey I grew up on a house on that road as well (up past Reibli). You are right that it is not very safe these days but we used to ride our bikes to school in the old days. The amazing thing is that this poor lady was actually stopped along the side of the road, far to the right of the white line. Never knew what hit her...


In Reply To:
I used to live on Mark West Springs Rd. It's a dangerous place to ride and I can imagine there is a lot more traffic these days. Lots of blind turns where you listen carefully for cars coming from behind and then go like heck.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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Where is this place?

Windsor,_____?
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Re: Drunk driving killer of cyclist convicted of murder... [Willraceforfood] [ In reply to ]
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I'm pretty sure it's California. The article also mentioned Santa Rosa; both of those cities are in Sonoma and key locations for the Vineman races.

__________
there was no one chasing us... distance is its own reward.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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I remember when this was first posted, and I was actually recently wondering what happened to this case.

Wow.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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That is such a sad story. It is clear that the driver and his family were in complete denial. And more unbelievable that he just slipped through the system all those years.

They are doing more in FL now to prevent that - if you get more than one DUI you end up with a mechanism on your car that won't allow you to drive it while intoxicated - that seems to be a good idea.
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Re: Drunk driving killer of cyclist convicted of murder... [Willraceforfood] [ In reply to ]
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[reply]
Where is this place?

Windsor,_____? [/reply]

It is how you get from Windsor/Santa Rosa to Calistoga or Lake County.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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thanks for posting this.
it isn't what i consider 'good' news but it is the best outcome from the tragic situation.
-charles
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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As tragic as this situation is, I think the murder charge is wrong.

187. Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.

How is drunk driving malice aforethought?
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Re: Drunk driving killer of cyclist convicted of murder... [Brick] [ In reply to ]
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It's murder when you have such contempt for the safety of others. It takes forethought to drink then drive night after night, especially after being convicted multiple times. Knowingly putting public safety at risk is malicious and intentional.
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Re: Drunk driving killer of cyclist convicted of murder... [Wolfwood] [ In reply to ]
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What about someone who does the same thing while talking on the phone, or putting on makeup, or eating a burger, or speeding? Malice aforethought should demand a heightened level of intent ... not something less. Indeed, driving while drunk probably negates someone's ability to develop intent rather than increases it. Why is it that we say that a drunk woman does not have the necessary mental capacity to give consent to sex but the same drunk woman possesses the necessary mental capacity to commit murder if she kills someone while driving?
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Re: Drunk driving killer of cyclist convicted of murder... [Brick] [ In reply to ]
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He was not charged nor convicted of first degree murder; it was second degree.
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Re: Drunk driving killer of cyclist convicted of murder... [notevenslow] [ In reply to ]
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I believe the base definition is the same. In order for it to be first degree, there must be additional special circumstances. You can read the California Penal Code beginning with section 187 to see how they are differentiated.

Make no mistake, I think criminal charges should have been brought. There are lesser charges of which he is certainly guilty and for which he could have and should have served time in jail. In fact, the article indicates that such lesser charges were brought. I think the murder charge was a stretch and was wrong.
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Re: Drunk driving killer of cyclist convicted of murder... [Brick] [ In reply to ]
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If a person has been arrested repeatedly for the same offense, then it's malicious and intentional. This person received the most stringent warning possible, being arrested and convicted multiple times, yet still chose to continue his behavior. Prior to the incident, how many times did this guy hear from judges and law officers that his behavior was going to kill someone?

The reason murder is a necessary charge is because this person WILL NOT CHANGE. If he gets out of jail, he will continue to do what he does because he can't or won't change. He will be a danger to society any time he has access to alcohol and automobiles. For his own safety and for the safety of others, he needs to be locked up for a very long time.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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I would never have plead to Murder. Trust me I am no advocate for criminals, just look at my profile. But for the state to prove intent would have been very hard in this OWI case. Manslaughter/Reckless homocide ok, but not murder. It is not as easy as many think. I'm glad the state's atty got the murder conviction, but I would not be surprised to see a post conviction motion on the defendants behalf.
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Re: Drunk driving killer of cyclist convicted of murder... [Wolfwood] [ In reply to ]
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If a person has been arrested repeatedly for the same offense, then it's malicious and intentional.

He has never killed before.

This person received the most stringent warning possible, being arrested and convicted multiple times, yet still chose to continue his behavior. Prior to the incident, how many times did this guy hear from judges and law officers that his behavior was going to kill someone?

Your argument is emotionally compelling but it does not demonstratet in the least that he killed her with malice aforethought.

The reason murder is a necessary charge is because this person WILL NOT CHANGE.

Criminal charges must be supported by the facts of the case. Either the person is guilty of the crime as defined or not. Charging him with a crime he did not commit so that he would change or to get him off the streets is wrong.

If he gets out of jail, he will continue to do what he does because he can't or won't change.

He will get out of jail in 15 years (maybe fewer).

He will be a danger to society any time he has access to alcohol and automobiles. For his own safety and for the safety of others, he needs to be locked up for a very long time.

So we charge him with a crime he did not commit?
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Re: Drunk driving killer of cyclist convicted of murder... [SniperTeamOne] [ In reply to ]
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Lucky for us the prosecutor is an avid cyclist and accomplished triathlete (multi IM finisher). They picked the wrong guy to mess with. The guy's attorney is the top civil defense attorney in the county so I don't think they made this decision without great forethought. Maybe the guy finally realized he was, in effect a murderer. Hopefully the related civil case will bankrupt the brother who has a long history of providing his alcoholic brother with booze. He also gave him the truck he used to kill this poor woman...imagine giving a truck to a guy arrested 7 times for DUI.

Although the article doesn't state this, one of the guys priors was for crashing into a parked Sherriff's car while driving drunk. Does that change your mind? ;-)


In Reply To:
I would never have plead to Murder. Trust me I am no advocate for criminals, just look at my profile. But for the state to prove intent would have been very hard in this OWI case. Manslaughter/Reckless homocide ok, but not murder. It is not as easy as many think. I'm glad the state's atty got the murder conviction, but I would not be surprised to see a post conviction motion on the defendants behalf.
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Re: Drunk driving killer of cyclist convicted of murder... [TriMike] [ In reply to ]
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Lucky for us the prosecutor is an avid cyclist and accomplished triathlete (multi IM finisher). They picked the wrong guy to mess with.

If you live in his jurisdiction, I would suggest you be very careful.
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Re: Drunk driving killer of cyclist convicted of murder... [Brick] [ In reply to ]
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Well, you would make a good defense lawyer and I would make a poor juror for the defense. I hate arguing so you win, ok?
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Re: Drunk driving killer of cyclist convicted of murder... [Wolfwood] [ In reply to ]
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I did not mean to offend. Peace.
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