Motorist GUILTY of aggravated assault with deadly weapon (vehicle)

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. http://www.dallasnews.com/sharedcontent/dws/img/06-05/0614met_dolkart.jpg 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.

"…as she drove to meet friends to ride her own bicycle at the lake about 10 a.m. on a Sunday. "

words fail me.

Taking an escalator up to the gym
.

congratulations you won the “I hope you get sent to a federal pound me in the ass penitentiary” award.

probabtion to 20 years?? that’s one helluva big discrepancy. i hope she gets some time. what did she think would happen if she “tapped” him? now she’s going to get her own ass tapped…careful with that soap, lady!

I wish their were more people like this who were prosecuted. These idiots are why the roads are so dangerous. I have a neighbor who was maced by a driver 2 weeks ago and ended up crashing the bike. The officer asked if she had got the license plate #.

Oh yea i read it as he drove off and my eyes were on fire and i was crashing to the pavement at 25 mph.

people are idiots

from http://www.lawschool.com/texasprofindicted.htm:

“In December, Ms. Dolkart struck two SMU second-year law students as they crossed Hillcrest Avenue near the university campus. Ms Dolkart told police that she had not seen the pedestrians because the sun was in her eyes. A police report ruled that the sun would not have blocked her view of the pedestrians and that she had failed to check the crosswalk.”

This just in:

A Dallas jury today sentenced Jane Dolkart to five years of probation and two years of community service.

My jaw dropped at that line as well…unbelievable.

Oh, and 5 years probation? Yeah, that’ll send a message.

And I thought I got hit by a dog!

“two years of community service”

365x24x2= 17,520 hours of service?

In her earlier career, Dolkart was an advocate for small groups’ rights. How ironic.

I hope everyone knows about this at SMU and she gets booed out of class…after a few months of that, she’ll feel like shit.

She might have a slightly larger problem on the career front. If that was a felony conviction I’m pretty sure her Bar association will be in touch shortly, and I’m not sure how well received law profs with criminal records are received in acedemia.

we had the case some years ago (before I got here)…he was fired (and was tenure)
.

I hope everyone knows about this at SMU and she gets booed out of class…after a few months of that, she’ll feel like shit.
Right on.

She might have a slightly larger problem on the career front. If that was a felony conviction I’m pretty sure her Bar association will be in touch shortly, and I’m not sure how well received law profs with criminal records are received in acedemia.

I sure hope they disbar her, but it would be a small consolation.

The local DA out here is charging a repeat DUI guy who killed a cyclist recently with second degree murder. The guy has been DUI something like 7-8 times. The victims family also yesterday filed a wrongful death suit against not ony the driver but the bar he frequents every day and owned by his brother who knows he is a drunk.

Scary to think of morons on the roads these days…

I am not sure about this but I believe the prosecutor is a local triathlete. His name has shown up in several races I have done… and that is not a name you hear everyday (Danny Oliphant).

This just came in over TCSD email…

------------------------------------------------------------------- For those who were unable to come, Channel 8 News was at the courthouse this morning. Steve Diggs and one San Diego police officer took the stand and testified. Channel 8 News will broadcast the preliminary hearing sometime today. The story is also up on their website: http://www.kfmb.com/stories/story.15235.html The case is set to go to trial on August 31, 2005. It would be great if you could plan to be there to support Steve.