Below is an article regarding a story that the Dallas cycling community has been closely following. Jane Dolkart (one of my law school profs) was driving her car through a lake park that is a favorite among local cyclists. She was frustrated when she was stuck behind a small group of cyclists (one of scores of groups that one would expect to encounter on this particular road on a Sunday morning). She honked and cursed loudly at the riders. It is suspected, but not confirmed, that one of the cyclist gave her the bird. The group U-turned. She followed, menacingly, still screaming at them. Ultimately, she ran over one of them (who, coincidentally, was also an attorney) mildly injuring him and mangling his bike. When the police arrived, she explained to the officer that those damn cyclists were taking up the whole road and that she only meant to “tap” him (teach him a lesson). A Dallas County jury convicted her yesterday of aggravated assault with a deadly weapon. WOOO HOOO. Sentencing is today. Keep your fingers crossed.
**SMU prof guilty of aggravated assault **
Dallas: Jury agrees she hit cyclist deliberately; sentencing is today
**07:38 AM CDT on Tuesday, June 14, 2005 **
**By ROBERT THARP / The Dallas Morning News **
A Southern Methodist University law professor was convicted of aggravated assault Monday after jurors in her trial agreed that she used her car as a deadly weapon and intentionally struck a bicyclist riding at White Rock Lake last May. Jane Dolkart
Jane Dolkart bowed her head and sobbed after the verdict was read, and bailiffs began taking her fingerprints. She was allowed to post a $2,500 bond until the jury decides her punishment today.
The tenured labor and employment law professor faces probation to 20 years in prison for the second-degree felony charge.
Witnesses said Ms. Dolkart was visibly upset and honking the horn of her Volkswagen Passat as she followed cyclist Tommy Thomas and a friend along West Lawther Drive near Mockingbird Lane in Lakewood.
Mr. Thomas testified that he feared for his life when Ms. Dolkart’s car struck the rear of his bicycle and dragged him under the car several feet. He suffered bruises and abrasions to his left forearm and a sore shoulder.
A police officer who investigated the incident testified that Ms. Dolkart acknowledged “tapping” Mr. Thomas’ bicycle because he was blocking her way as she drove to meet friends to ride her own bicycle at the lake about 10 a.m. on a Sunday. During the trial, Ms. Dolkart denied making that statement.
Testifying in her defense, Ms. Dolkart said that she did not intend to hit the bike but that Mr. Thomas slowed suddenly as he pedaled in front of her. In closing arguments, attorney Mike Gibson said the incident was nothing more than an accident and disputed the argument that Ms. Dolkart’s car was a deadly weapon. He said the victim’s account of the collision was “exaggerated and full of mistakes.”
“If distracted driving was a crime, we’d have to build five courthouses because people do it every day,” he said.
Prosecutor Danny Oliphant said witness accounts and physical evidence from the accident proved that Ms. Dolkart’s driving was deliberate.
“It wasn’t just an accident. It wasn’t just a mistake. This was an intentional act,” he said.