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Calling EVERYONE To Action!
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SIGN THE PETITION!!!
http://criminaljustice.change.org/...d-run_wealth_manager

http://www.vaildaily.com/...01104/NEWS/101109939

Anyone in the Vail area that wants to organize a letter/petition campaign? This is disgusting.

UPDATE:

Hulbert the DA is also running for State senate. Feel free to post comments on his wall
http://www.facebook.com/...101016256&v=wall

Colorado Atty General's Office: 1525 Sherman St. // Denver, CO 80203
P: 303-866-4500 // F: 303-866-5691
Attorney.General@state.co.us

District 2 Congressman is Jared Polis - (202) 225-2161 // http://bit.ly/cMnCrE
Email Congressman Jared Polis at jared@jaredpolis.com

Mailing Address: Eagle County District Attorney's Office // P.O. Box 295 // Eagle, CO 81631
Phone: 970-328-6947 // Fax Number: 970-328-1016

Mailing Address:
Worldwide headquarters
Morgan Stanley
1585 Broadway
New York, NY 10036
Media:mediainquiries@morganstanley.com

My letter to Congressman Polis:

Dear Congressman Polis,

My name is Jordan Rapp. I'm a professional triathlete from the USA. I am writing to you as a fellow Princetonian ('02) regarding the matter of the hit and run case in Vail which has been getting a lot of press: http://www.vaildaily.com/...01104/NEWS/101109939

On Mar 23, I was involved in a hit-and-run while riding my bike. My head went through the window of the car severing two of my jugular veins, breaking bones in my face, my collarbone, and my shoulder. I spent 18 days in the hospital. I can empathize more than I ever wanted with Dr. Milo. I have worked to organize calls to DA Hulbert and am also working within my network of industry contacts to organize strong response to this tragedy. And I will do my very best to ensure that he receives justice. I plan to push this as high as I can and as high as it needs to go to make sure both Hulbert and Erzinger realize the gravity of the situation.

I realize that I am not in your district, but as the congressman for the district in which this travesty is happening, I hope I can reach out to you.

Sincerely,

Jordan Rapp

UPDATE 2: Just heard that Channel9 news is picking this up for 10pm news!

UPDATE 3: ** The phone number below is wrong (The extension is wrong). I have written the AG to try to get the correct extension.**

Reply from CO Atty General

Jordan-

Under Colorado law, the Office of the Attorney General has no ability or authority to intercede in this matter. The Office of the Attorney General can only become involved in a hit-and-run case either at the request of the local district attorney or by executive order of the governor.

Additionally, the Attorney General has no authority over local district attorneys, who are independently elected.

You can file complaints concerning the conduct of a district attorney with the Colorado District Attorney Disciplinary Council, 303-893-8121, then dial "1," or request a special prosecutor be appointed in this matter by filing a motion with the appropriate district court clerk's office, per Colorado Revised Statute 16-5-209.

UPDATE 5: Direct reply from DA Hulbert to an ST poster via Facebook

Mr. Mosely:

This site was set up for a run for State Senate that ended in June. I should have closed it down back then, but had forgotten about it as it was not used much. I am well aware of how the public feels about this case, although they have only part of the stroy. The victim in this case, Dr. Milo, was not asking that Erzinger plea to a felony, but rather plea to a felony as a part of a deferred judgement and sentence. This means that he plea to a felony and after two years it would drop off his record if he committed no more crimes and paid restitution and Erzinger could claim he did nothing. The two misdemeanors that we offered Erzinger meant that for the rest of his life he would have on his record that he carelessly drove, caused serious bodily injury on another human being and left the scene. He would lose his driver's license, face county jail time and still have to pay restitution. That is why we offered what we did.

And there is another issue. Because we made the offer months ago, including on Sept. 7 in open court, we are bound by that plea offer. Even if I wanted to change the plea bargain, I could not. The only person who could reject the plea bargain at this point is Judge Fredrick Gannett.

As for hearing what people have to say, I did recieve some comments that were thoughtful and made some good points, which I appreciate, but most were simply name calling, which I am sure you would agree adds nothing to the conversation.
Thanks again for you post.

Mark Hurlbert

UPDATE 6: Reply from the DA in the Vail Daily News

http://www.vaildaily.com/...p;ParentProfile=1065

UPDATE 6: Reply from Congressman Polis

Jordan: Thanks so much for the e-mail. Unfortunately, the Congressman is precluded from getting involved in judicial matters as a matter of congressional ethics (stemming from the separation of powers in our government). So while we all sympathize with your point of view, there isn’t anything we can do at this time to help.

Good luck!

Andy Schultheiss
District Director, Congressman Jared Polis
4770 Baseline Rd. #220
Boulder, CO 80303
http://polis.house.gov

UPDATE 7: summary of the case

http://bicycling.com/...ado-incites-outrage/

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
Last edited by: Rappstar: Nov 11, 10 18:30
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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In Reply To:
http://www.vaildaily.com/article/20101104/NEWS/101109939

Anyone in the Vail area that wants to organize a letter/petition campaign? This is disgusting.

I want to first say that I understand why you have a particularly strong stance on this issue. And I make no bones that he should be severely punished.

That said, I think it's clear right now that jailing someone for crimes like this does not act as a deterant to others. If it did, we wouldn't anti-texting and other distracted drivers laws. Jail here would only reduce his ability to provide for the victims future wellbeing. For a money manager, taking away money would really seem to hit the guy where it hurts.

Beyond what they take from him financially, lets look at the various ways he can be punished that serve provide value.

1. He should have his license revoked permanently.
3. Multiple years worth of community service such that his life will be perhaps forever altered by this incident. He, like his victim, would never be able to live a normal life again with amount of service he would have to provide, and make it focused specifically on distracted driving and personal responsibility.

-------------------------------------
You don't have to like what I say but you should respect my right to say them and I'll do the same to you.
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Re: Calling Vail Residents [techknowgn] [ In reply to ]
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In Reply To:

That said, I think it's clear right now that jailing someone for crimes like this does not act as a deterant to others. If it did, we wouldn't anti-texting and other distracted drivers laws. Jail here would only reduce his ability to provide for the victims future wellbeing. For a money manager, taking away money would really seem to hit the guy where it hurts.

Beyond what they take from him financially, lets look at the various ways he can be punished that serve provide value.

1. He should have his license revoked permanently.
3. Multiple years worth of community service such that his life will be perhaps forever altered by this incident. He, like his victim, would never be able to live a normal life again with amount of service he would have to provide, and make it focused specifically on distracted driving and personal responsibility.


he hit a man for no reason, and left him to die.
Prison.
Prison.
Prison.

The DA there is such a f*cking joke. saying that he needs to be able to make restitution... forget that. He already can make restitution, the only question is will he still be rich after that?

Anyway, Rappstar, thanks for posting this (and on twitter); i'm nowhere near Vail, but will help out when I can.
Have *you* tried calling the Vail DA's office? Pro-Champion-Triathlete + hit and run survivor - might make some impact.Or maybe an open letter to their newspaper?
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Re: Calling Vail Residents [techknowgn] [ In reply to ]
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So I guess I can murder people as long as I am willing to make payments to his surviving family members?
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Re: Calling Vail Residents [scomosr] [ In reply to ]
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Money talks...
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Re: Calling Vail Residents [acefaser] [ In reply to ]
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Just sent the link to Fox News and Bill O'Rielly, hopefully it will get some traction.

Ryan Riell
Head Coach/Founder
Break Through Multisport Inc.
http://www.BreakThroughMultisport.com
Ryan@BreakThroughMultisport.com
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Re: Calling Vail Residents [techknowgn] [ In reply to ]
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If he lost his job tomorrow and went to jail, your saying he is already bankrupt and has no money? no insurance? no assets?
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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I am moving to Colorado in a little over a week, and I will be knocking on that DA's door to have a little chat with him... seriously, I will be doing all I can to make sure this action is not accepted and that the DA goes down hard.



"Only those who risk going too far can possibly find out how far one can go." T.S. Elliot | Cycle2Tri.com
Sponsors: SciCon | | Every Man Jack
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Re: Calling Vail Residents [scomosr] [ In reply to ]
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In Reply To:
So I guess I can murder people as long as I am willing to make payments to his surviving family members?

Do they show any proof this guy hit the guy on purpose a la road rage? To me this looks like a guy who made a mistake and panicked. Did he look out for #1 afterwards? Yep. Wrong? Yep. And he should be punished. But we have overflowing prisons, a place where he wont stay as long as he is sentenced anyways. Theres just no point to this current type of punishment because many people have grown to the cost until they wind up in the situation.

Explain to me how the lesson he learns from going to a place where we the taxpayers have to pay for his crime is better than him paying for it by paying to make the injured man's life as good as possible and being an example to the public of how making a mistake can cost him and teach him without costing us.

Guy should lose his license, pay all court costs for both sides, pay restitution, and pay for his crime through educating the public via countless hours of community service and his money

-------------------------------------
You don't have to like what I say but you should respect my right to say them and I'll do the same to you.
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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I think a civil suit to recover damages is probably the best thing. Hit him where it hurts. Take lots of his money. That failing, then a letter writing campaign to Morgan Stanley Smith Barney questioning his integrity is the other option. "If he left a cyclist dying at the side of the road, what will he do when your investments go south, leave you for dead?"
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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I'm not a believer in prison. I have no issue if they decide that prison is not an option. It's more the "misdemeanor" nature of the charges. They can charge him with a felony without necessarily having prison time. At least, I think that's possible. What I object to is the logic that he should not be charged with a felony, because that will go on his record, which could affect his ability to get a job. IT SHOULD GO ON HIS RECORD. HE SHOULD HAVE TO DISCLOSE IT TO EMPLOYERS.

I'm no believer in prisons. What I think the real tragedy is in this case is that - to protect this guy's income - he can basically pretend like this never happened.

I'm still keeping fingers crossed that *someone* here is a Vail local. I'm going to contract Transportation Alternatives, a cycling advocacy group that I have some friends at to see if we can get the ear of the right people.

I don't want to see this guy sent to prison, necessarily. I just strongly object to this being classified as a misdemeanor instead of a felony.

EDIT: apparently my stance on "prison" came across a bit confusing. What I meant to say is that I'm not sure that prison is a realistic deterrent for a guy like this. Or really anyone. That's a much larger - Lavender Room - discussion. But what I meant in this particular case is that it's not prison or no prison that's the big issue here. If a plea was reached that involved no prison time, that wouldn't be an issue if the charges were appropriate, and - of course, if Dr. Milo actually gave it his approval. I'm not sure prison is a realistic deterrent in today's society. But that's a bigger issue. But what I really want is JUSTICE. And I don't think that justice REQUIRES that Erzinger goes to prison. That's just my opinion.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
Last edited by: Rappstar: Nov 6, 10 21:32
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Re: Calling Vail Residents [Bob Loblaw] [ In reply to ]
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Called the Prosecutors Office and left a message.....summary: amke this right or I will scratch Eagle County off my list of ski trip destinations....period....money talks? Lets see how many of us can let them know this!

http://www.da5.us/

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Sponsored by RUDY PROJECT...check out http://www.e-rudy.com
Was mich nicht umbringt, macht mich stärker.
"What does not destroy me, makes me stronger."
-Friedrich Nietzsche, Götzen-Dämmerung (1899)
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Re: Calling Vail Residents [Tri-Wog StL] [ In reply to ]
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THis number? Eagle County 970-328-6947

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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Wow! Unfreaking believable. Maybe the guy is the DA's financial advisor and it would impact the DA's investments were his advisor go to jail or lose his job. BTW I e-mail to story to CNN, MSNBC and Fox.
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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FWIW, I live in Breckenridge, am a lawyer who has done both criminal defense and prosecution, and the DA, Mark Hurlbert is a neighbor and acquaintance of mine. Realistically, although everyone on this forum is saying prison is appropriate, there is really no chance that this person (or anyone in their position, regardless of their net worth) would go to prison. There is nothing in the case that I've seen - and, admittedly, I've just read the article - that says the driver intentionally hit the cyclist. Assuming that is correct, if the driver did not have a significant criminal history (which I again assume the driver did not, based on the disposition) then s/he would probably be looking at probation if convicted of a felony.

I wholeheartedly agree that this driver deserves more punishment than is being imposed, and a felony conviction seems appropriate to me, too, based on the fact he fled the scene. However, regardless of whether there is a felony or misdemeanor conviction, prison really isn't realistically on the table for the prosecutor.

Additionally, I strongly doubt that two misdemeanor convictions will not impact the driver's professional licensing status. He'll still likely have to disclose the convictions to his licensing board and attend some sort of hearing to determine how they should affect his license. I doubt he'll lose his license, but, then again, I doubt he'd lose his license if he were convicted of a felony. If it was stealing money, then yes, given he handles other people's money for a living. But not something he explain away as inattentive driving.

In the end, the prosecutor has discretion to make plea deals in cases, only they know how good or bad a case is as far as trial goes, and they are ethically required to pursue the "interests of justice". I'm guessing a lot of this plea deal has to do with the guy having a clean-ish criminal history, which really does go a long way in a first offense-type situation. Admittedly, they should have given the victim a lot more notice of the plea deal, though.

In the end, the plea deal will be submitted to the judge who will have the chance to hear from the victim and his lawyers and the defendant and his lawyers and the judge will make the final call whether the plea deal is appropriate. It is rare for judges to deny a plea deal, but it can happen.

Can't think of anything else....

seth
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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Yup...that's the one.....!! I am encouraging all to call.....

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Sponsored by RUDY PROJECT...check out http://www.e-rudy.com
Was mich nicht umbringt, macht mich stärker.
"What does not destroy me, makes me stronger."
-Friedrich Nietzsche, Götzen-Dämmerung (1899)
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Re: Calling Vail Residents [tribreck] [ In reply to ]
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Hi Seth,

Thanks for your insight. I am not advocating prison. It wouldn't upset me in the least, given that the driver left the scene, if they did try to send the guy to prison. But I'm guessing a guy like him is going to be just as likely to learn from having his income hit hard.

What I'd like to see is a felony conviction. I think this guy SHOULD have to explain what he did, even if it doesn't end up hurting his job. He should have to face it regularly. And I'm anxious for the UHNW like Thomas Weisel who hears the story and tells the guy to go f' himself. Lots of rich guys buy bikes. :)

And it's not even so much that a misdemeanor conviction really upsets me. It's the REASONING - that they don't want to affect his job - that really gets to me.

That is what just doesn't seem right. So if he had a job where a felony conviction would matter, then they'd pursue a felony?

I just don't understand how any of this represents the "interests of justice."

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
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Re: Calling Vail Residents [techknowgn] [ In reply to ]
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Erzinger allegedly veered onto the side of the road and hit Milo from behind. Milo was thrown to the pavement, while Erzinger struck a culvert and kept driving, according to court documents.

Erzinger drove all the way through Avon, the town's roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records.

Sorry, but as the article states above,leaving the scene of an accident and then calling for service for your Mercedes car does not strike me as someone who has Panicked! Sounds like someone who was more concerned with his car than a human life. There is no way this should be prosecuted as a misdemeanor. Apparently in Eagle CO if you are wealthy you receive less severe punishment.
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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It is this statement that drives me crazy:
“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,” Hurlbert said.

What?!? A person's job is a variable here? Seems like Lady Justice is peaking under that blindfold.

Victor

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Re: Calling Vail Residents [Bell Head] [ In reply to ]
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In Reply To:
It is this statement that drives me crazy:
“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,” Hurlbert said.

What?!? A person's job is a variable here? Seems like Lady Justice is peaking under that blindfold.

Victor

I know. The scumbags job shouldn't matter at all. He engaged in felony behavior and should be charged with a felony. The fact that the DA even considers makes the DA unfit to be a DA.
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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Interesting what this DA does consider a felony......

http://abusivediscretion.wordpress.com/...cutor-strikes-again/
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Re: Calling Vail Residents [Rappstar] [ In reply to ]
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This thread deserves to be bumped 'til the cows come home.

Ride safely, drive safely. We've lost enough friends as it is.

AndyF
bike geek
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Re: Calling Vail Residents [AndyF] [ In reply to ]
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Oh look, he's on Facebook.

http://www.facebook.com/...p?id=100000656513279

and he aspires to be a Co State Senator:

http://www.facebook.com/...php?gid=299101016256 (which has some interesting wall posts)

--
I ride Felt.
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Re: Calling Vail Residents [coredump] [ In reply to ]
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In Reply To:
Oh look, he's on Facebook.

http://www.facebook.com/...p?id=100000656513279

and he aspires to be a Co State Senator:

http://www.facebook.com/...php?gid=299101016256 (which has some interesting wall posts)

How does this guy sleep at night?
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Re: Calling Vail Residents [coredump] [ In reply to ]
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In Reply To:
Oh look, he's on Facebook.

http://www.facebook.com/...p?id=100000656513279

and he aspires to be a Co State Senator:

http://www.facebook.com/...php?gid=299101016256 (which has some interesting wall posts)

Cool, you can send him a message via facebook!

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