‘ARE YOU ILLEGAL?” Immigrant Bicyclist HIT BY CAR and Handed Over to Border Patrol on the Spot

First published on May 19, 2017

CORRECTION: The original headline for this article stated, “Immigrant Bicyclist Hit by Car and Handed Over to ICE on the Spot”. That was incorrect. The immigrant was arrested by Border Patrol, a division of Customs and Border Protection.

Of interest from other sources:

Click here to see the incident report.

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55 thoughts on “‘ARE YOU ILLEGAL?” Immigrant Bicyclist HIT BY CAR and Handed Over to Border Patrol on the Spot

  1. I watched the entire video and don’t like that the driver of the vehicle was not charged in this incident.

    As far as the guy who entered this country illegally I have no problem with him being deported. We have an immigration policy and we need to enforce it. If we can choose which laws we want to enforce and those that we don’t, then why have laws?

    I’m sure that there are plenty of good people who have entered our country illegally but that doesn’t change the fact that they broke the law. I respect that it does cause a hardship to their family but flagrantly ignoring the law is not the answer.

    I’m willing to concede that the majority of those who entered our country illegally are good people but you can’t sneak into a movie theater and as long as you don’t cause a disruption watch the movie. It isn’t fair to the people who stood in line at the box office and paid their money to buy a ticket. I don’t care if they don’t cause a problem the fact that they are here illegally is the problem.

    If you get pulled over for speeding a defense that you were not drunk driving shouldn’t prevent you from getting a speeding ticket.

    It has been common to start with the premise that they are a good person which is wrong. Even if they are otherwise a good person, a lot of people want us to ignore the obvious, the term illegal means they committed a serious crime by entering our country illegally.

    1. Just one thing: Some undocumented aliens “came here illegally” meaning they did not enter through an official CPB entry portal – maybe crossing an unmanned border with Mexico – for example. However, many others came here “legally”, on airplanes, boats, etc – were given temporary visas and then never went home. They can be told to leave the country because they overstayed their visa – but this is a civil infraction – not a CRIME.

      1. Okay, so the more apt analogy (and still not OK) is that you buy a ticket to a matinee and then stay after watching that movie and watch every other movie for the rest of the day. As ICU points out, one can understand why they might want to do that, but it doesn’t make it legal. Now, as for the matter of having TOO MANY laws on the books, and far too many to actually ENFORCE, that’s a subject for another day…

  2. Needless to say, I feel compelled to respond to this video/report…since I was a partial witness to the event upon which it was focused: I live a short block away and that “traffic island” is where I sell the Key West Citizen every morning. I was in the process of picking up my bundle when the incident occurred — I did NOT see it. However, a KWPD officer was working with traffic control at that intersection probably did — it occurred mere feet from his position. He dutifully responded promptly. The driver of the SUV also responded quickly…stopping and then parking her vehicle.

    Everybody was concerned for the immediate welfare of the victim…including one of the owners of the café who did witness the incident: They were all at his side. Soon, an MCSO sergeant arrived and took control of the situation. The victim repeatedly waved off medical attention…and refused to identify himself. A lady, fluent in Spanish, soon appeared and offered to call anyone for him. As I recall, she even offered her cell phone to him. He did not cooperate. Then, another MCSO road deputy arrived and it was decided to call the rescue squad…to address his complaints.

    I wasn’t there beyond that point, so I can’t comment on subsequent events. That said, I must say that the requests to identify the victim made by law enforcement were “by the book”…professional and expected: The victim, while in my sight, appeared to remain uncommunicative/uncooperative.

    While I am not privy as to how he wound up in ICE custody — I suspect that he had a great deal to do with that outcome. Oh…it’s common knowledge that a Border Patrol officer is routinely called — merely to help resolve the “language barrier” issue.

    Dickford

    1. Never heard of this “common knowledge” and it doesn’t sound very plausible considering logistics and economics: “Oh…it’s common knowledge that a Border Patrol officer is routinely called — merely to help resolve the “language barrier” issue”

      FYI: The other officer you hear on police body cam video [who tells Lariz that Hernandez wants an ambulance and that Hernandez said he’d been telling Lariz but Lariz didn’t understand] speaks fluent Spanish.

      1. Well, my dear editor…you do need to get out more: I have seen many incidents in which a Spanish-speaking officer is summoned to address the “language barrier issue”.

        I know little about the multi-lingual capabilities of individual officers and am forced to rely upon their decision-making.

        I’m guessing that some of the apparent “confusion” in this particular incident stems from the fact that three agencies arguably have jurisdiction here: Perhaps the responding FHP officer was the person who summoned the Border Patrol officer?

        As I plainly stated, I wasn’t there for the whole affair: It wasn’t my place to investigate the whole thing. I’m only responding here to offer my observations: While I was there, the victim (and he was the victim) clearly refused medical attention.

        It should be noted that there is an electronic crosswalk signal at this intersection. While I did NOT see the actually “crash”…I can verify that that signal was set against the victim: The McDonald Ave. traffic signal was green: I was prevented from crossing the street due to this fact.

        I reiterate…I did NOT stick around to see the conclusion of this incident. I did speak briefly with the driver involved. She certainly appeared to be shaken. But, I didn’t see much beyond that.

        Dickford

        1. No I get out enough. What I said, Dear Dickford, was that in fact a Spanish speaking officer did show up. He was a MCSO deputy – we hear him on the video. I do not believe that your statement about it being common practice for our local law enforcement to call CBP or ICE in to be MCSO translators is accurate. There is no electronic crosswalk signal where Mr. Hernandez was crossing. That is not an accurate statement either. It is a clearly marked crosswalk – seen in the video – that has two very large signs depicting that it is a pedestrian crossing. Bicycles in marked crosswalks are considered pedestrians by law. The traffic signal you speak of is across the street and has nothing to do with this accident. We do not know who called ICE. The Sheriff does not have a policy in place requiring his deputies to report when they do so. One more thing about your account: We listened to the exchange between Officer Lariz and Hernandez. [Arnaud speaks fluent Spanish.] Lariz says, “Do you want to go the hospital? Or no?” Hernandez responds [in Spanish] that his “foot hurts”. He does not say “NO”. They have a communication issue for sure – but he did not get “no 4 times” from Hernandez as far as we can tell from body cam. What exactly did you witness? You heard him say “No” or you just heard the officer asking a few times and Hernandez not giving a clear response as in “yes!” My medical professional source tells me that with trauma patients you should not expect them to be able to answer that question or make that decision as they are typically disoriented and neither they nor you – the person rendering aid – can know the extent of their injuries. An ambulance should be called immediately. Period.

  3. What is going to happen when there are not enough workers to fill all of the service jobs on this island? There are employers who hire undocumented workers because they can pay them far less. They take advantage of them because they know these workers won’t make waves for fear of being deported. I’d also like ask the Sheriff’s Department why this man was cited with “obstructing traffic” when he was hit in a crosswalk and the guilty woman got off without being cited?

    1. They will have to pay we citizens a livable wage that what will happen.That is what Bernie Sanders has been advocating for right ???

      The rent a slave( illegal aliens cheap) is ending thanks to Trump. The Florida Marine patrol has been arresting illegal aliens prior to Trump. There was never any question if the FMP had a duty to arrest illegal aliens, why is it a concern when our sheriffs enforce our laws ??

      This illegal alien just cost us about $ 2000.00 in emergency room medical cost

      1. The family tells me that the emergency room refused to treat him because he has no insurance and that they just gave him a pair of crutches and sent him on his way. Also an FYI on who pays for emergency care for indigents in the Lower Keys: Our hospital district is under contract with CHS to administer emergency care to indigents at their cost – no taxpayer funds used.

        UPDATE: LKMC says they did not refuse treatment due to lack of insurance. They say their staff assessed the injuries using techniques that did not include x-rays or digital imaging, treated him accordingly and released him.

    2. Perhaps, when these Illegal invaders have been taken care of according to the law and the people who hire them are punished as The Law prescribed maybe the Welfare cadre diagnosised as Termonal Laziness be put to something useful ???

  4. am I the only one who thinks that cop needs to attend charm school? his people skills are seriously flawed. and for all you law and order commenters…. why the silence on the “white privilege”?

    1. They are taught in the academy that the friendly officer is ten more times likely to be killed or assaulted by the public.

      They are also ten times more likely to be attacked when doing a motor vehicle stop. These are true stats and are why LEO’s act and respond in such manners.

    2. Ahem! Where do you get this “white privilege” crap from?

      And…as for “people skills”? How would you suggest that these officers respond?
      While the victim was offered assistance to stand, officers are trained to avoid physical contact with the victim UNLESS they are trained and equipped as medical responders…for obvious reasons.

      Dickford

      1. I do believe that officers are trained in standard first aid. One should never ask a person who has suffered a trauma such as being hit by a car to move. He should not have been asked to stand up or helped to stand up. He should have been put on a stretcher – which the ambulance crew eventually did because he was unable to get into the ambulance. I have this from trained medical personnel practicing for over 25 years.

        1. Gee whiz, Naja! I was merely offering my observations — with the proper qualifications that I clearly outlined. Gimme a break, eh? 😉

          Yes, there certainly IS a pedestrian crosswalk signal at the McDonald Ave intersection clearly aimed and functioning for the crosswalk across McDonald.

          Of course, that does NOT excuse the driver: She did hit the bicycle (rear wheel).

          As for who was responsible for doing what to/for whom? I can’t say. I do know that paramedics did respond and the victim was transported to the ER for examination/treatment.
          Apparently, he was not seriously injured.

          I must add this: I’ve worked this corner for almost 11 years. During that time, I’ve witnessed more than a few “incidents”.
          My most serious threats came NOT from the motorists…but from the BICYCLISTS. They seems to believe that the sidewalks are their exclusive speedway…and act accordingly. I have been hit more than a half-dozen times during my tenure their…by idiots on two wheels. And, except for one person, they ALL thought that I was impeding/obstructing their path! The place is, admittedly…dangerous to life and limb.

          As you might guess, I am not particularly empathetic to bicyclists. 😉

          I am surprised, however…that you would seek to trash my observations to make your point. I presented them for what they’re worth. It is what I experienced firsthand.

          Dickford

          1. Dickford,
            I don’t mean to be rude but it is important there not be any misinformation being passed around. I stand behind my correction to your comment about there being a pedestrian crosswalk signal where this occurred. The FHP incident report specifies that there is no such “signal” and I’ve added a link to the report and a photo of the crosswalk in question below our documentary video. I do agree it is important to highlight the dangerous situation that is created by FDOT’s choice of roadway infrastructure at that location and certainly there are issues with contributory negligence/liability. Perhaps you could write a letter to FDOT about your experiences and try to influence change and protect future pedestrians, bicyclists, and motorists who use this roadway. As to how medical care was offered there are indeed issues there. Standard protocol in such trauma situations is to put the victims’s head in a brace and put the person on a stretcher and telling them to refrain from moving. It is highly improper to ask the person to stand up or to aid the person in standing up because there is no way of knowing on the curbside the extent of this person’s injuries. This is the opinion of medical professionals. And here is an update: The family tells us that LKMC turned him away for “lack of insurance” simply giving him a set of crutches. They did not do an MRI to discover the extent of his injuries. Maybe getting hit by a car is not a medical emergency that they must treat by law – I don’t know – something to learn about. The fact is however, he has since had an MRI done as he is in great physical pain that is increasing rather than decreasing. The MRI, we are told, shows serious injury. We are trying to learn more at this time.

            UPDATE: LKMC states they did not refuse to give treatment due to lack of insurance. They state that they assessed his injuries without the use of ex-ray or digital imaging, treated him accordingly, and released him. The man’s sister states that she asked repeatedly for them to do an MRI because she herself had been in an auto accident previously and an MRI had not been done. She says that as a result she was not treated in time for back injury she sustained and she is still suffering to this day as a result. Her brother, she says, did get an MRI done later, while in ICE custody, and she states that the MRI did show injury to the spine.

  5. I keep hearing the same line “if they are here illegally they should be deported”. Can any of you answer this question, “why do they choose to come here illegally”? The answer is because there are employers willing to hire them. If there were no jobs here, word would get around and they would stop coming. When was the last time you heard of a business owner being held accountable for hiring them? It all comes down to money. Most employers will hire undocumented workers if it will save them a buck. The fact that really bothers me is the guy on the bicycle gets cited while the “guilty” woman in the truck drives away without so much as a ticket. So the undocumented guy has to pay off a ticket he should not have gotten on his way out of the country. The lesson here is if you’re involved in any kind of traffic accident that is your fault just hope the other person involved is here illegally so you can avoid charges.

  6. I attended that city commission meeting and heard citizen speaker after citizen speaker, one human family came up a lot to justify the resolution being passed.

    The city has been trying to drive homeless people away for a long time.

    The city gives homeless people one-way bus tickets not to ever come back.

    An independent survey of Bahama Village and other city blacks would not result in a strong showing for them feeling they are part of any city one human family.

    If the lady ran over the bicyclist, even if he was a felon fugitive from justice, she should have been cited.

    Mayor Cates’ daughter ran over and killed a homeless man on North Roosevelt Blfc,, and was cited for traffic violation, shortly after Cates was elected the first time in 2009. Then when the man’s family asked only that the burial expenses be paid, the insurance family and the Cates’ family declined. The family filed a lawsuit for the funeral expenses.

    However, it was spun and promoted, it looked to me that Commissioner Jimmy Weekley’s “sanctuary city” resolution really was about money. For, in fact, without non-Americans in Key West – East Europeans, Hispanics from south of the American borders, Key West’s economy would tank, because most of the “infrastructure” (dirt cheap) workers would be gone.

    I suppose also in play is the ascending religious right in the national government: Vice President Pence, Speaker of the House Ryan, Senator Cruz. God help America if they ever can call the shots. As if Trump is not terrifying. And, gosh, he just loves young East European women, don’t he?

    Well, back to the fellow ICE got. I feel for him and any family he has in America, or south of the border depending on money he was sending them. I get invitations all the time to leave Key West and the Florida Keys. Not friendly invitations. I piss off a lot of people with what I publish. I wonder if the ICE captive ever pissed off anyone? Maybe he was so happy to be in Key West he was a model citizen.

    Alas, he was here illegally. He knew he was here illegally. He apparently did not understand the officers, and an officer is blamed because he does not speak Spanish? Many Hispanic people in Key West do not speak much English. Some of them were born in Key West. They still do not speak English. That bugs me.

    I suppose the ICE captive should be grateful he was not seriously injured. A broken leg. Fractured spine. Cracked skull. Paralyzed.

    Why was the motorist who struck him not prosecuted? That most bugs me about this report.

  7. You knew it was going to happen and it will happen again, and again, and again. ICE will always grab the low-hanging fruit, the easy pickings. They are not going to go after the gangs in Miami, LA and elsewhere–too hard, too dangerous. Just another Trump promise twisted in its application.

  8. Naja & Arnaud,

    An invaluable video with evidentiary importance.

    Nothing happens in a vacuum. A snippet of video does not tell “the rest of the story”. Anyone who would welcome having their every action and word recorded, as they work and engage in their occupations, with difficult people in uncertain settings, every moment that they are on duty; please raise your hand.

    As a Combat Marine, Teacher of Disadvantaged Students, Counselor, Mentor, Father and Family Member; I’m eternally grateful that I did not have a video camera affixed to my person, recording every conversation and action I had ever participated in.

    That being said, I did not like the verbal exchanges and the manner in which one of the responding officers interacted with the wounded and injured human being, who had been knocked to the ground.

    This man was struck, unaware and unprotected, by a 7,000 lb. SUV. I didn’t view any sense of urgency or effort made to provide comfort to this disabled man, by the responding officers in the video.

    This individual was delivered a blow by a 3+ Ton vehicle, while crossing the street in a “Crosswalk” (As stated by the driver of the SUV in the Video).

    Evident to me was the fact that this injured person required immediate medical attention. As identified by the driver, this man appeared innocent of any crime and was defenseless, when said 7,000 lb. vehicle collided with him.

    If you’re not trained or skilled to render first aide, or you simply don’t want to help this human being; secure the area and quickly get medical responders to the scene of the accident (crime). Harshly interrogating an individual under the circumstances identified in the video; appears to me to be inappropriate, distasteful and indecent.

    I did not like what I saw. It presents the Law-Enforcement Community in a bad light. Too many brave “Officers of the Law” have been killed and injured, while courageously sacrificing their lives for injured, disabled and innocent human beings. “The Behavior” I viewed in this video did not accurately reflect the gallant and selfless nature of law-enforcement. To me, it denigrates and tarnishes their valiant service.

    It appears to me, the only person in the video who may have warranted being arrested, is the driver of the vehicle. Certainly, the victim of that crime (accident), is not the individual to be arrested.

    Key West City Commissioners for the most part are spineless blow hearts, filled with a lot of hot air. That’s what the majority of people want in Key West. You voted for them. You put them in positions of power. Congratulations…

    By the way, 2 days ago the Key West Commission declared themselves a “sanctuary city”. How bold and courageous of them. Tell me how their decision and vote positively impacted the life of this injured victim on the verge of being imprisoned and deported?

    More baloney and disingenuous nonsense spewed from a City, which recently paid out $900,000 to cover their part in Killing an innocent, defenseless, surrendering and disabled old man.

    United States Marines withstanding heavy losses during ferocious combat, rounded up their prisoners after Battle and administered first aide and tended to the wounds of their enemy, with a higher degree of sensitivity and professionalism, then what I witnessed in the aforementioned video.

    Leadership, integrity and commitment to a code of conduct; must forever take precedence under all circumstances; or you’re left with an armed group, which can rapidly turn into a rogue pack of Killers and Murderers. Able to rationalize and make up the rules as they go along.

    Rather than grandstanding before a camera, Key West City Commissioners might actually consider serving their citizens and communities. They could do some work on behalf of the People and iron out the details and specifics, as they relate to the arrest and deportation of their citizens.

    Why has the Commission allowed the people who work in their city to be savagely abused; when “Federal Law”, as articulated by Homeland Security, forbids such barbarous action?

    1. Well said John, governments are a necessary evil. Unfortunately it’s not the government that create the problems, its the people in the government that create problems. The People have the power to do something about changing this situation, however, instead The People choose to sit on their hands with the—“let someone else” take care of it, I’m toooooooooooo busy with my social networking and other self made calamities. There’s so many illustrations right here in Monroe County of how the electorate sits on their asses while the BOCC lies, cheats, steals, misappropriates Tax monies for their own nefarious purposes, while the electorate continues to re-elect these liars, cheats and thieves over, and over and over. “Stupid is as Stupid does”. Is there any hope??? Not likely.

  9. I will not let this go. Citing the bicyclist for “obstructing traffic” when he was doing nothing wrong is wrong and I will be following up on this. The woman in the big truck could have killed him and she does not get cited? If any one of the people here crying “deport him” had been on that bicycle I’m sure none of you would be defending what Officer Lariz did.

  10. until we see the full sheriffs report many questions have no answer. This if I understand it correctly is a crosswalk. A question does come up as to did he stop before crossing ? If not then no car would have had time to stop and let him cross.

    Perhaps after finding him illegal and being deported the cop saw no point in a ticked because if deported he could not testify in court and case is over.

    Long term I see a poor picture for KW. Few workers will ever be able to retire here. The system simply can not work if pay is very low and requires people to work 70 hours to live here. Slowly this town is turning into a place for the very rich. You will either start paying decent wages or have no help. The illegals are causing the wages to be low. Solution is deport them and then supply and demand will force wages up.

    1. carefully read 8 and 9 and the question is did he violate it by not stopping to give that driver a chance to stop ? Often we do not hear the full story.

      1. The important question – apparently never asked was: What speed was the vehicle going? There are of course issues of contributory negligence and liability. He was hit in the rear tire – he had made it almost entirely across the crosswalk so it is very important to understand the speed of the vehicle. The report is linked below the video now. No mention of speed of vehicle. It appears that as soon as he entered the marked crosswalk he was to be protected as a “pedestrian” as per the law.

        1. Thanks for the report. Seems that it was as I suspected and he was charged with DART / DASH and that put him at fault. So no she was not charged.

          As to her speed would assume normal for that area of US 1 .
          Not sure of posted limit but likely 30 or 35 mph. Actually she seems to not went more than a couple feet after hitting him. That to me suggests not fast and likely nothing she could have done to avoid hitting him. As you said , he almost made it. That suggests that he did dart / dash and caused the accident. Do feel sorry for him but looks like he was careless and caused the accident.

          Actually that crosswalk should have a red light because it creates a hazard being in that location just off US 1.

          What some overlook is that every person involved must be checked even if not at fault. Often the result is the not at fault victim gets a DUI or other charges. You could be sitting at a red light and get rear ended and end up with being given a ticket that costs hundreds and the other driver that caused it gets a minor charge. I see it every time we are in KW that a bike runs a red light.

          1. My issue with the incident report is that there is no investigation into speed of the vehicle. You say you “assume” normal speed. But that is not how this is supposed to work. And actually the law says that even if you are going under the speed limit you can be liable for not going even slower when you are in an area where you would expect pedestrians. [The law says a human driven vehicle like a bicycle is considered a pedestrian when in a crosswalk.] There are huge signs at that crosswalk warning all drivers that they should be prepared to stop for pedestrians. Understanding at what point on the roadway the vehicle’s brakes were applied, how far the distance was for the vehicle to stop — these are important factors that can help understand speed of the vehicle. The man was not charged with “dart/dash”- look up the statute cited in the report — he was charged with ‘obstructing highway’. And yes no one is allowed to jump in front of a car when it is so close that the vehicle would not have the time to stop. But without knowing more – we don’t have the answer. The fact that he is almost across the street when hit does not lead to a conclusion that he darted out right in front of the car. Had he darted out right in front of the car then you would expect him to be hit closer to his starting point not when he has almost reached safety. But yes, it is important to look at the negligence of both parties when investigating an accident. And in this case perhaps they are both culpable, perhaps just him, perhaps just her — but there not enough information provided in the report about the vehicle speed and there is no indication that vehicle speed was factored in. There is simply no mention of speed of the vehicle whatsoever.

          2. JIMINKEYWEST, I watched the video again and it DOES NOT support the DART/DASH charge you spoke of. The bicycle is nearly on the curb on the side of the street to which he was pedaling while the truck is sitting on the crosswalk. If he darted and dashed as you say his bicycle would not have been where it is in the video. The cop could write whatever he chooses but that doesn’t make it so. The Eimers murder should have proof enough of that.

  11. It funny. They keep saying the law is the law. You can’t pick and choose which laws to uphold. Meanwhile that’s exactly what’s going on. Key West is full of illegals and they are all employees somewhere. So who holds the companies that hire illegals accountable? Crickets…… There are so many multi million dollar establishments breaking laws here everyday. I witnessed it for 6 years and nothing has changed besides what used to be Cubans are now Uzbek or Kazik or something else. American works for $16 not allowed to over 40 hrs and takes home 300 a week after taxes and health insurance. Illegal works as many hours as they like because they’re not paid overtime, doesn’t pay taxes, and takes home $1200 a week. Still the big money companies keep up the tradition. They don’t even try to hire Americans. It’s just easier to hire and fire illegals even if they’re English is horrible. Smh b

  12. NM01
    attempted to cross the lane in front of V-01. NM01 entered into the pedestrian crosswalk and darted out in front of V-01.

    Yes , actual charge was obstruction.

    From the way I see this is if she was going under 30 she would likely get hit. Not much distance from leaving US 1 to crosswalk. Maybe 20 feet.

    Do understand the point of her speed. Also is issue of turn signal that if used might have gave him a better chance. Always is the race issue at question. But he closed the investigation. Yes she could been speeding but then would not stopped on a couple feet from crosswalk. Good chance both to blame.

  13. I want to first state that the officer in charge of the accident scene should be reprimanded for his handling of the situation. As you pointed out in your report the bicycle was hit in the rear while in the cross walk. The driver even commented that she guesses that she should stop for people in cross walks. Without a doubt there is sufficient evidence that she was at fault.

    If the officer had cited her then the victim may have been allowed to stay at least until her court date and quite possibly compensated for his injuries. This is a perfect example of how illegal aliens are treated poorly in our country.

    In order to discover the reason why it occurs we must delve much deeper and accept the full effects of illegal immigration.

    In this incident the victim was riding his bike to work. In many cases his employer is required to use E-Verify an Internet-based system that determines the eligibility of employees to work in the United States. Obviously this was not done because he is here illegally. So his employer is not following the law. His supervisor and co-workers most likely know his immigration status and do not report him.

    At this point there are people knowing breaking the law because he is a good worker. This behavior certainly effects the way they see other laws and whether they are to be obeyed.

    Because he undocumented and working his employer is not paying taxes on him and most likely he isn’t making as much as if he were here legally. He is taking a job out of the workforce that a Key West high school kid could use to gain work experience. More likely he is taking a job that an immigrant who came to our country legally could have. This is a real problem the employer is not paying taxes, underpaying him and he is taking a job that could be filled by a law abiding citizen.

    As you pointed out our Federal Government has a “policy” about not focusing on sensitive locations. How do you think that effects the members of law enforcement? If an officer is aware of a neighborhood where a significant number of the people are here illegally they are instructed to not notice it to avoid collateral damage. We are asking our law enforcement officers to selectively enforce the law to avoid upsetting the illegal community.

    When an officer is investigating an accident where he suspects that the victim is here illegally he may tend to develop a bias against them. That is NO EXCUSE for the way the officer in your video handled the situation.

    My point is that knowingly accepting the fact that someone is breaking the law has ripple effects that don’t appear connected. To dismiss the fact that they are here illegally effects our societies core values. There are a lot of people who want a hard stance on immigration because they are disgusted with the situation. They may not be able to understand why they are upset but they have a lot of hate directed at the illegal community which causes problems.

    I’m not without remorse for their plight but we need to change our immigration laws not simply ignore them.

  14. Dr. Geno,

    Respect and admire you, very much. You’re on the firing line of life, presenting your case and standing up to the powers that be, for what you believe in. Nothing more can be asked of a duty bound, brave and responsible American.

    You do not seek the protection of anonymity. There is a face, person and Man behind your thoughts, positions and ideas.

    I’m on my way to Miami for rehearsal. Opening night is fast approaching. Take comfort in your bold actions, you speak for many anonymous and fearful citizens, unable to muster the courage necessary to stand with you.

    It’s an honor and privilege to have made your acquaintance.

    Blessings & Respect

  15. Dear Naja,

    The “crosswalk signal” I mentioned is plainly visible in the picture at the head of the article — just look slightly to the left of the utility pole. Now, look at the sidewalk coming towards the foreground…and the very well-marked pedestrian crossing. What many do not realize is that that design was intended to protect TWO possible pedestrian crossings of McDonald Ave. here: One is to “protect” pedestrians crossing McDonald at the intersection with U.S. 1 — and the other to “protect” pedestrians who wish to cross McDonald Ave, period. Yes, it can be confusing but it’s all there: Look at the crosswalk markings -and- the angle of the sidewalk.

    As for all the medical gibberish — I clearly stated my opinion -and- my ignorance on the matter. I clearly stated that the victim should not be moved and none of the officers attempted to move him. Beyond that, I find it hard to believe that LKMC turned this fellow away due to lack of insurance. Has anyone contacted the hospital for their version of events? I have always been attended to promptly and well by the ER staff there…with and without insurance.

    This whole story just doesn’t add up. Sorry…

    Dickford

    1. Dickford,
      “The crosswalk has no traffic control device.” That is what the FHP officer who investigated this accident wrote in his report. Is he wrong? Does he need to rescind his report and his determination to issue a citation to the bicyclist? I do not see a “crosswalk signal” in the photo – in any case it is not at THIS crosswalk — and “crosswalk signals”, when they exist, are typically found on BOTH sides of a crosswalk. Yes, this appears to be a VERY bad design that could kill people and I again encourage you to share your experiences with FDOT so that they might reconfigure it pronto and save lives. Neither the driver of the vehicle nor the bicyclist wanted this to happen. I’m sure they are both very lovely people. It is a very tragic accident – that could have been worse. Thank goodness he was not killed. As to what extent each is responsible for their inattention – ultimately the insurance company and/or attorneys will work that out. However, the prejudice shown by this officer against the Honduran man lying on the curb in pain is undeniable – although you choose to deny it. Compare how the officer spoke to that injured man [harsh, impatient, belittling the possibility that he was seriously injured, and even asking him – very rudely – if he could get up] to how he spoke to the driver who had just hit a pedestrian: Soft, like a loving mother: “Are you O.Kaaay?” Come on. Let’s be real. It is as plain as day. And yes, the officer did “attempt to move him” by asking him repeatedly – with hand gestures and all – whether he could stand up. These are not facts that rely on any journalistic filter – we have shown the video of these actions as they occurred that morning. Cops give orders and most people try to obey. The man did try to get up – he couldn’t do it. And yes, the ambulance crew did “attempt to move him” in fact they did move him – they stood him up. He was unable to get into the ambulance and they eventually did the right thing by putting him on a stretcher. Whether or not making him stand up injured him further is something that will likely come up with the insurers and attorneys – as will whatever the LKMC did or did not do. Ask yourself – how would you be reacting if the person in the car was the “illegal” and the person lying on the ground was the citizen. Would you be thanking some other publication for running the story with a headline “Illegal Alien Hits Bicyclist With 7000 Pound Pickup Truck!”

      1. Dear Naja, you are now getting “emotional” regarding this incident…leaving your normal objective approach behind. Not good…

        1. To clear up your confusion over the pedestrian signals (yes, there are two — facing each other), just visit the scene in person. I’d be happy to help you survey the scene. Bring that errant FHP officer with you. 😉 You will see that the crosswalk is very clearly laid out, replete with huge signs: Neither party in this incident has an excuse.

        2. Read all my missives on this subject: Never once did I mention the race, creed, color or national origin of the parties involved. That information is irrelevant. A person was injured…that is what was important.

        3. Your criticisms of the medical care that was provided is both subjective and incomplete: If you want to be paramedic, apply for the job.

        4. The community here is wholly integrated. We live with other people all day/every day. We care for each other. Ethnicity/race/national origin are rarely evident: Doesn’t matter if you’re a bum or a cop (or a newspaper editor ;-)). I know. I’ve lived and worked here almost 11 years.

        5. The claim is that the victim was turned away at LKMC. But then, it is also claimed that he got an MRI: I suspect that it was not at his next door neighbor’s house. It’s also claimed that he is now “in great pain”. Is he being treated — by other than ambulance chasers? It was also claimed that he was in ICE custody. Is that true?

        I think that we all would appreciate a thorough followup on this story. I suspect tht you’ll find that things are not always what they seem.

        Dickford

        1. Dickford,

          It is discouraging to have to go over and over simple facts like whether or not there is a “signal” at the crosswalk when there are so many more important issues brought up by this incident – including proper medical care to a crash victim, whether or not national DHS policy was violated by targeting a hospital patient who was brought back to the scene and made to wait to be arrested by immigration officials.

          I have indeed visited the site. The only “signals” I saw at the crosswalk in question are the big signs. I believe the FHP officer got that right. There was no “button” for the bicyclist to push that would change a traffic light. There is no traffic light. Yes, it will need to be worked out by insurers/lawyers as to the degree of liability for each person involved. And it could be 100% bicyclist – but I doubt it. It is unfortunate that no one ascertained the speed or where the vehicle was when it started to brake to avoid the bicyclist as that is essential.

          There is no question in my mind that the injured man was treated with disrespect by Deputy Lariz. Many others have commented on that and are concerned about that. The bias against the Spanish speaking “illegal immigrant” [compared with the treatment of the citizen who drove the truck] is palpable. I don’t mean that in a disparaging way regarding the woman who drove the truck. She was concerned and is likely a very responsible lovely person. I am talking about the difference in the Deputy’s behavior toward each one.

          Yes, as we reported, the bicyclist is in ICE custody. ICE did eventually provide him with medical care as his pain was increasing; they had an MRI performed. According to the family it shows his pain is caused by injury to the spine.

          I have spoken with several medical professionals, including one who is intimately familiar with this sort of roadside crash rescue operation, so my comments are not “subjective”. These professionals say that the care provided by the Deputy and the ambulance crew does not at all mesh with standard protocol and could have caused him more injury.

          In Key West I have personally witnessed our Fire and Rescue service respond to multiple vehicle vs. bicycle accidents. The bicyclist invariably is put in a head brace and put on a stretcher for transport by ambulance to the hospital. The patient is told not to move. Never urged to stand up.

          We are indeed going to do a follow-up. I have asked the Sheriff to respond to questions as to whether Deputy Lariz’ “first responder” actions that day – to a patient who had been in a vehicle vs. bicycle incident – was in keeping with the Sheriff’s policies.

          As to whether this community is “wholly integrated” with race/ethnicity being “irrelevant” – that sounds a bit naive. We have issues, as does the country as a whole and what we saw that morning in terms of Deputy Lariz’ questioning of the injured patient is not reassuring– for many of us.

    2. LKMC stated they did not turn him away due to lack of insurance. They basically state that they evaluated him verbally, manually and visually and decided he had minor injuries and did not need any type of imaging to be done such as x-ray or MRI.

  16. That he was illegal is not the real issue. The issue is who was at fault. For what ever reasons the cop cited him and not her. He seemed to think the bike darted out into traffic. Maybe he did or did not. End result is he is injured. If he has already been deported then not likely to be a court case. She still could get sued but hard to win with the cop charging him. Do hope he gets medical help needed to recover.

    One thing does upset me is that she stated maybe she should stop or people in crosswalk. That tells me some are confused as to the law. DOT needs to view this location as it is asking for problems being in that location without a red light.

    1. Will say this, we are thinking of buying a dash camera. It could easily save you in a case like this or prove you are at fault. To some degree it also shows your speed.

      Often I start a video when I see a cop pulling someone over. It might help the driver or the cop. But when we see the clear abuse of power as we had in the Eimers murder it makes you wonder if it does any good.

      Would be great if we had a video of this case to cover the 10 seconds before he was hit. Only 2 people know the truth in this case. Would like to think if this lady caused the wreck that she would own up to it. Problem today is many will leave if they been drinking , no valid license, no insurance or etc as the charge for leaving is less than staying and dealing with a DUI.

  17. Dr. Geno,

    Respect and admire you, very much. You’re on the firing line of life, presenting your case and standing up to the powers that be, for what you believe in. Nothing more can be asked of a duty bound, brave and responsible American.

    You do not seek the protection of anonymity. There is a face, person and Man behind your thoughts, positions and ideas.

    I’m on my way to Miami for rehearsal. Opening night is fast approaching. Take comfort in your bold actions, you speak for many anonymous and fearful citizens, unable to muster the courage necessary to stand with you.

    It’s an honor and privilege to have made your acquaintance.

    Blessings & Respect

  18. Am sure the cop investigated as best as he could. With the man unable to speak e
    English or even Spanish then difficult to determine exactly what happened. Yes did seem like the cop had a bit of an attitude that may been racist or simply tired of dealing with people that won’t learn English. His family should ask to talk to that officer but unlikely he would as it indicates a potential lawsuit. They do have the option of hiring a lawyer but with him being an illegal chances are nothing will change. Would be great to hear his opinion but likely department rules prohibit that.

    Major question is where was the man when she entered that ramp. The truth may never be known. Yes cops often charge .wrongly and this might be the case here.

    1. There was a Spanish speaking officer on scene. MCSO has many Spanish speaking officers. One of them could have been asked to help with the investigation… The officer who went to the hospital to fetch him and ask him to return to the scene “for more processing” was the non-Spanish speaking person who had done the controversial grilling about his legal status. Why was that? If the reason for going back to the scene was to finish up the “investigation” then the Spanish speaking officer should have been there. And a statement by the bicyclist should have been taken and spelled out in the report by FHP. The family says they just had him sit around for about 45 minutes or so, unknowingly waiting for Border Patrol to show up and arrest him. There are questions about the legality of that maneuver… since local law enforcement is not empowered to investigate federal immigration laws absent specific federal authorization by means of code or specific program. Holding him there for a period longer than necessary to complete the crash report and issue a citation could be held a violation of his rights. Additionally, a hospital is a “sensitive location” where even CBP/ICE agents must refrain from enforcing immigration laws as per federal DHS policy.

  19. Just wondering if all of you smart ppl would have a little different view and comments on fact that woman hit guy on bike on cross walk if he would be one of you, your friend , family etc. ending up in hospital plus citation … lady that drove car did nothing wrong … seriously .

    1. If what the investigating officer is correct and the man DARTED out in front of her truck then she did nothing wrong. Actually she is the victim if his case is correct. We either trust his opinion or we do not. From the picture of the sidewalk it looks to me as if he was traveling south on that bike and likely never stopped before entering the crosswalk and that puts him at fault. The truth may never be known.

      1. Everyone has rights and duties when using the roadway: The bicyclist, the pedestrian, and the motor vehicle driver. The bicyclist and pedestrian must ensure that they have the time to cross a roadway without causing a collision with an oncoming vehicle; they may not dart out at the last minute in front of a motor vehicle not allowing for the vehicle to have the time to stop. The driver of a vehicle, when coming to a marked crosswalk has duties. They must ensure that they are going at a safe speed. This could mean going even less than the speed limit in areas where special hazards – such as and especially at pedestrian crossings. They are forewarned to expect there may be a pedestrian in the crosswalk. [Bicyclists, while crossing a crosswalk, have all the rights and duties of a pedestrian by law.] Bicyclists may ride across a crosswalk. Furthermore another section of Florida law says that a motor vehicle driver must always act to avoid hitting a pedestrian. I would assume that would mean steering away from the pedestrian. It also specifies that the motor vehicle driver must warn the pedestrian [horn] if possible. It all works together and how fast the vehicle was moving before the crash is an essential part of the inquiry into fault. Even assuming the bicyclist is partly at fault [this will depend on how he behaved before crossing, but it will also depend in part on the speed of the car because he must judge the speed of the car as well. If the car is going faster than should be expected for the area of a crosswalk the bicyclist might misjudge the speed by no fault of his own.] One can not rule out some contributory fault on the part of the driver of the vehicle unless one knows how fast the vehicle was going, where the vehicle was when she began to put on the brakes will help to understand how fast it was going and therefore how quickly it could have stopped. Also whether or not the motor vehicle driver could have steered away from the pedestrian under the circumstances is relevant. [It does appear there is room to the left of where the vehicle is stopped in the video.] Witnesses can be asked these questions and investigators can make note of how much room to maneuver there was for the motor vehicle driver to avoid hitting the pedestrian. In Florida, the law recognizes contributory negligence. Each party can be found to be partially liable for an accident. It could go 100% bicycle or 50/50 or any other configuration adding up to 100%. Perhaps 100% bicycle is the ultimate answer but the inquiry shown on the record appears to be incomplete. The issue here is that the body cam footage doesn’t show anyone trying to figure out the speed of the vehicle or whether there was room to avoid hitting the pedestrian and the incident report makes no mention of it. The witness’ written statements, though asked for, have not yet been provided — they were mysteriously not found in the official files associated with this incident of either MCSO or FHP office. We don’t know if the statements speak to speed of the vehicle because speed is not mentioned in the report and the witness statements are not attached. This is not really an issue of whose fault it is but whether residents can feel secure in this investigation where bias against the bicyclist was palpable [interrogated about immigration status and not given proper standard medical care – according to several sources in the medical field] and where pertinent routine traffic incident information [estimated speed of vehicle in the accident, was there room to avoid hitting the pedestrian] does not show up anywhere on the record. In any case, who is at fault in this particular accident, is not really the big issue that concerns residents. There is a huge debate here and throughout the country about how local law enforcement should be coordinating [or not] with federal immigration enforcement agents. Should they ask an injured man about his immigration status while he is lying on the side of the road in pain? Then there is an issue in this one local case about whether this injured individual was treated properly in terms of standard medical care.

        1. Do agree that his legal status should not even been asked at this point. First step should been get him medical help. As to her speed yes important but unlikely not known. If she was guilty am sure she she would not stated she over the limit and by law not required to give to testify about it.

          From being a landlord we run into situations of non English persons often and this creates a huge problem as our contracts are in English. Problem is they often do not understand what they are signing and we do not care to rent to anyone that can not speak or read English as that voids the contract. I am not about to learn other languages. I was born here in the USA and only understand English. What I am suggesting here is that he likely has no clue on our laws and created his own problem at this crosswalk by not understanding his requirements to use it.

          Might I suggest you find a few hours and video that crosswalk. Likely you will find both violate the law.

          That is a very small distance to come off US 1 before seeing the 2 signs. Note they are missing a sign to YIELD to pedestrian and at night likely never see them.

          Perhaps the DOT is at fault here.

          Will admit that first an ambulance should been called to attend to his injury but perhaps race changed the order of concern. Yes is plenty missing in that report. I do not see anyway she was speeding and end up stopp with front tire on walkway

          1. Jim,

            RE: “Perhaps the DOT is at fault here.”

            They certainly share some of the blame. The intersection is NOT laid out properly: The two pedestrian signals control ONLY passage over the “southbound” 2 lanes of MacDonald Ave. Yet, due to their placement, it is clear how pedestrians/bikes can assume that it is also clear to cross the single “northbound” lane. Such is not the case…but NO warning is afforded to the pedestrian traffic.

            What feeds into this problem is the fact that much of the pedestrian/bicycle traffic flow begins from ACROSS U.S. 1 — controlled by signals. These individuals are controlled by VERY clearly marked crosswalks. The same is true of this intersection — one look at their design and you can see the problem. ONLY…there is NO signal governing travel over this “northbound” lane…it’s a “no stop” right turn, common here.

            To clarify…there certainly IS a plainly visible crosswalk warning sign that precedes the two in the picture on U.S. 1.

            In all my days at this intersection, I have seen dozens upon dozens of people make the assumption that they are allowed to cross this “northbound” lane with impunity. Yes…tires screeched, horns blew, nasty words were exchanged.

            Perhaps a flashing amber light here would be helpful…

            Dickford

  20. Gosh, I think this incident racked up as many or more comments than any blue paper Charles Eimers article?

    The first thing I would like to know simply is who was at fault, the motorist or the bicyclist?

    The pedestrian crossing is clearly marked. Was the bicyclist on foot, walking his bicycle? Or, did the bicyclist ride his bicycle into the crosswalk? If he rode into the crosswalk, did he just “dart” into the crosswalk? Or was it a slow entry, like he was on foot.

    Here’s why I ask about this.

    This long-retired practicing attorney is pretty sure the general rules of the road are: pedestrians have first right away; bicyclists have second right of way; motor vehicles have third right of way – right of way = priority.

    For example, if a pedestrian is jaywalking at a traffic light, if the pedestrian is in plain view to an oncoming motorist, who does not slow down for the pedestrian, then the motorist and his/her insurance company lose that case if a lawsuit is filed.

    I attended the public meeting between the Florida Department of Transportation and the City of Key West in the Harvey Government Center maybe 2 months ago. City Commissioner Sam Kaufman, a lawyer, stated that a pedestrian has to enter a marked crosswalk to obtain the right of way. If a pedestrian is just standing on the sidewalk waiting on traffic to stop, the motor traffic does not have to stop.

    I felt that was nuts. A pedestrian has to enter the crosswalk and put life and limb at risk, to gain the right of way? I said that during citizen comments.

    After the meeting ended, I spoke with DOT officials outside the meeting hall. The leader of them said, actually, state law is, if a pedestrian is at a marked crosswalk, motor traffic HAS TO STOP. I asked the FDOT official why he did not tell the mayor and city commissioners that during the meeting?

    I can tell you for a fact that I ride my bicycle all over Key West and on the city side of Stock Island.

    I can tell you for a fact that I seldom see motor vehicles stop for pedestrians standing at marked crosswalks, waiting on traffic to stop so they can cross. Pedestrians on foot, bicyclists on foot pushing their bicycles.

    I can tell you for a fact that I some time ago strated giving such motorists the finger in various presentations, and telling them about their mothers and their fathers loud and clear.

    I can tell you for a fact that many times during citizen comments at city commission meetings, I have told the mayor, commissioners, city attorney, city manager, city staff and city police in the back of the meeting chamber just what you read above, and the silence was deafening.

    I can tell you for a fact that the sidewalk is the only safe place to ride a bicycle on North and South Roosevelt Blvds, on Palm Avenue and Eaton Street, on Union and South Streets, on Simonton Streets, on Truman Avenue, for examples.

    I can tell you for a fact that the marked pedestrian crosswalks on Eaton Street, including the one at Hilltop Laundry across the street from the apartment house Naja and Arnaud own, might as well not be there.

    I can tell you for fact that probably 99 percent of motorists in Key West have zero respect for marked pedestrian crosswalks.

    I can tell you for a fact that the mayor and city commissioners and city police are in cahoots with those motorists. Perhaps because they are motorists. I never saw one of them on a bicycle. I have seen Commissioner Weekley walking to get places. I have never seen another elected city official do that, or on a bicycle.

    The law of marked crosswalks is the real issue, in my opinion, in this incident, and the illegal alien is simply the very unwelcome messenger best gotten rid of to keep attention on him instead of the real issue.

    The struck bicyclist’s injuries need to be confirmed or ruled out, with facts. If he was seriously injured, the issue of who was at fault will become paramount, if the illegal immigrant is represented by an “ambulance chasing” lawyer. I suppose the police knew that when they decided how to handle the incident.

    Sorry, Dickford, for your experiences with rude bicyclists. I have those experiences, too, occasionally. But rude motorists in Key West outnumber rude bicyclists 1,000-1 in my experience.

    Sorry also, if the illegal alien and his family suffer because he is deported. Not sorry he is deported. Every illegal alien knows the risk of being here without permission. Every local employer of cheap labor illegal aliens knows he/she is breaking the law, but only will be penalized by losing cheap labor, if the alien employees get caught.

    I heard over breakfast at Harpoon Harry’s this morning, someone say, when he lived in southern California, he could always tell which motorists were illegal aliens or criminals on the lam. They always drove legally, at or under the speed limit, no strange driving behavior, because they did not want to get caught.

    In case anyone cares, I was asked in a dream last night if I would weigh into a group discussion? I said, if I spoke, it would be about what nobody is addressing. I also said, some people in the audience are saying things more important than what the people hosting the discussion are saying.

    1. Dear Sloan,

      RE: Who is at fault?

      As an attorney, surely you know that that is rarely determined by ruminations in a newspaper: That’s why they made attorneys. 😉

      From my admittedly incomplete observation of the incident, the “victim” WAS properly IN the crosswalk. Nobody has denied that. The driver stopped immediately…that is apparent from the photos. That the driver struck the bicycle is also not contested. As to determination of fault, I suspect that the driver’s insurance will be tapped…irrespective of the “traffic obstruction” citation issued to the pedestrian.

      That said, you need to bone up on the traffic laws. In reality, a pedestrian has NO “rights” on a vehicular roadway — except at designated crossings. Similarly, a bicyclist, when riding their bike on a roadway, is subject to the laws governing MOTOR VEHICLES, not pedestrians. Obviously, a motorist does NOT have the legal right to indiscriminately mow down pedestrians…but, there’s a great deal of leeway afforded the motorist in such incidents. That’s why they invented attorneys. 😉

      Aside from that, however…the purpose of this article was to expose the fact that this fellow was subsequently apprehended by the Border Patrol, simply (and only) because he suffered injury in a traffic incident. That strikes many of us as being elementarily unfair. Sadly, given the times in which we live…it’s also entirely legal.

      Yes, it does seem as though drivers here regularly ignore pedestrian crossings. That has not been my experience, though…at least recently. Bicyclists, on the other hand, believe that they enjoy the “freedom” to do whatever in the hell strikes their fancy…whenever and wherever they choose. That is WRONG! Dead wrong! I have no issue whatsoever with bicyclists using the sidewalks. But, those sidewalks are PEDESTRIAN rights-of-way, NOT “bike paths”. Bicyclist could show a modicum of respect for pedestrians…but they rarely do.
      Oh, and another thing: Bicyclists routinely run through pedestrian crosswalks, regardless of signals.

      Dickford

      1. Do you ride a bicycle in Key West, Dickford. I ask, because if you do, then I can’t imagine how you could say motorists in Key West do not routinely ignore marked crosswalks. For a fact, the mayor and city commissioners have zero interest in dealing with that. I proved it by calling them out on it quite a few times in city commission meetings.

        As for who has the right of way, you nailed it. If a motorist sees someone in on foot or on a bicycle in his way, the motorist cannot mow down the pedestrian or bicyclist simply because the motorist has, or thinks he has, the right of way. That is not why lawyers were invented, but it does make lawyers happy that motorists have been known to do that. Yesterday, at the a well marked pedestrian crossing on Eaton Street, I had it out with a motorist who make like he would mow me down when I took the intersection to allow several other pedestrians to cross, who had been there waiting before I arrived on my bicycle, which I dismounted to officially become a pedestrian, in case some smart ass lawyer made the argument that crosswalks don’t protect bicyclists riding their bicycles, but only protect them if they are walking their bicycle. I gave the motorist the finger. He gave me the finger back. I spoke loud about what he did to his mother. I pointed repeatedly at the pedestrian crosswalk signs – plural. Finally, he surrendered, albeit not happily. I seriously doubt the incident with the illegal immigrant would have happened, if Key West motorists honored marked pedestrian crosswalks. in fact, Key West motorists routinely blow through marked crosswalks with pedestrians and bicyclists standing in plain view trying to cross. That’s what this article is about as far as I’m concerned. All the rest would never happened, if that woman motorist was paying attention, was law abiding, was courteous. Sadly, she is Key West. Perhaps the solution is to outlaw pedestrians and bicycles in Key West, get rid of the crosswalks.

  21. Sadly this will likely never go to trial because he either is already deported or soon will be. It would be a tough case for a jury as too many issues are unclear.
    1. did she use her turn signal ? If so then maybe he would had a warning.
    2. her speed could play a part in this.
    3. did he stop before he crossed ? From seeing people on bikes he likely never even slowed down.

    Tampa had such a major issue on Fowler of students crossing that they installed flashing red light and the the walker press a button and that stops traffic.

    As to her insurance they will not pay unless a judge finds her at fault. With him being cited and not her the chances are he will be found guilty.

    Perhaps if the man could told his side of the story the end result might changed to both cited or neither one.

    From the picture it looks like she steered to the right to avoid hitting him.

    Most of the blame should fall on the DOT as they created a very poorly designed crosswalk and in a bad location. Am sure neither of them wanted the accident.

    She did make the statement that maybe she should have stopped. Right or wrong I would have yielded to him. The fact that he almost made it does suggest he was in in the crosswalk but leaves his speed at question too. If he darted as the cop cited him then he was at fault. Was she at any fault we simply do not know.

    As to him being deported that is the risk they take. Only good part is he was not killed. We must start cracking down on illegals as they are part of the low wage problem. Did notice a couple weeks ago a very high amount of help wanted signs on windows.

  22. I dropped this comment today into the KWPD Facebook thread and 2 blue paper threads on same incident:

    Naja Girard, co-publisher of Key West the Newspaper (thebluepaper.com) , which broke this story, but when it went viral, the other news media using it did not mention the blue paper as being the reason for the story ( the Key West Citizen and the Keynoter have yet to run the story) told me about this conversation thread and a similar one at Key West the Newspaper’s Facebook page.

    I checked out both threads.

    I called Naja and told her what this looks like to me is Donald Trump supporters, white trash, against everyone else. What this looks like to me is a fair presentation of the American people.

    I said, what Trump actually is he himself produced in 10 seconds at the NATO conference. This link opens the video of what he produced.

    https://youtu.be/-WqJkWntgSg

    in 10 seconds Donald Trump shows the world what he really is

    Not only is this the true Trump, it is his rabid supporters.

    Do not take heart Democrats who backed Hillary Clinton. She was as bad as Trump. If you Democrats all had backed Bernie Sanders, he would be America’s president now. Instead, America fielded two terrible candidates in 2016. Take heart, there are worse candidates waiting in the wings.

    I’d wager the conch farm that the illegal immigrant bicyclist is far more spiritually developed than Donald Trump, Hillary Clinton, and the people who backed them.

    On top of that, he was used by God to show Key West just how big a joke its “One Human Family” official creed really is.

    He also was used to show just how little regard Key West motorists have for pedestrian crosswalks. Key West should pass an ordinance making it illegal to walk or ride a bicycle.

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