The Boston Globe

Metro

No indictment for trucker in Wellesley cyclist’s death

A truck driver with three decades of motor vehicle infractions will not face criminal charges in the hit-and-run death of a Wellesley bicyclist last August, Wellesley police said Monday.

Despite the efforts of police and prosecutors, a grand jury declined to indict Dana E.A. McCoomb, 51, who drove the 18-wheel truck that struck and killed bicyclist Alexander Motsenigos. Police said the trucker drove away after the crash.

Comments

Whoa. The Fix was in on that one.

Doubt it.

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Disgraceful. Shameful. I'm disgusted. The driver is literally getting away with murder.

This is a case where a graphic would be helpful to readers to understand the sequence of events and position of the driver and biker.  The article does not really explain how the accident occurred and it does not take the driver's point of view at all.  That is, is it possible for an 18 wheeler to strike a bike and for the driver to be unaware of it?  Is it at all possible that the biker was distracted or slipped or swerved?  One cannot jump to a conclusion (based upon this article, anyway) that where you have an enormous truck and a lone cyclist, the truck driver must be at fault.  It's a tragic accident.  I pray for Mr. Motsenigos and his family as I pray for Mr. McCoomb.

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Excellent comment. I see two issues. First, was there evidence to support an indictment? The grand jury decided no. Juries can be wrong but how often do they ignore incontrovertable evidence? Second, the trucker's driving record may indeed support a decision to forbid him ever to operate a motor vehicle, but that was not the point of the investigation. It will certainly be difficult in the future to avoid assuming McCoomb is operating every truck I see on the road and thus assume the worst when trying to anticipate its next move.

Agreed, Quincy Adams.  None of the media has so far clearly explained how the accident happened.  Since the case is now closed, reporters should be able to obtain the file.  Perhaps something in there may explain why the grand jury did not indict.

"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it."

-- Albert Einstein

If you watch the video of the truck turning off of route 135 onto Weston Rd he is going overly fast for that location. The cyclist is clearly visible (as the driver admitted) in FRONT of the truck. The truck then proceeds to accelerate in an attempt to blow past the cyclist in a location that is very dangerous. The road narrows and bends at the point of the accident. The truck driver was reckless and irresponsible to attempt a pass there. This is consistent with a horrendous driving record. I believe he was criminally negligent and the video clearly shows this. The driver is 100% at fault. He and his company will be trashed in civil court. 

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 I also pray for Mr. Motsenigos and his family, and in no way do I defend the truck driver.

What I do find interesting is the intensity of the globe's interest in this case...  which, as we all know, is because a "cyclist" was killed.  Again a tragedy.

But illegal aliens kill over 10,000 americans a year ... and nary a whisper.  EBT fueled gangbangers commit mayhem and murder daily.... nary a whisper.

but a cycilist....

 

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Sigh. This is yet another illustration of the complexity of multi-modal transit. When the assumption of anyone in power involved — cop, prosecutor, grand jury, judge or jury — is to identify with the motor-vehicle operator, justice and personal responsibility are elusive at best. Honestly, reckless homicide is not just an accident.

Yet here, law enforcement and prosecution recognized the culpability of the trucker, but it seems the grand jury had the there-but-for-fortune view of the driver. Thus, literally he gots away with murder.

Drivers can fantasize and rant about crazed cyclists, but until vehicular homicide is called and punished, there's no incentive for drivers to obey the laws or the dictates of humanity.

Here's hoping there's at least a civil punishment. 

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