Driver in video attack pleads guilty but could have charges dismissed

John W. Diehl, the driver in a much-seen video of a driver intentionally trying to hit a cyclist, formally pleaded guilty in D.C. Superior Court to charges of leaving the scene of an accident and destruction of property. But he will

perform community service and attend anger management classes in exchange for having charges in the case dismissed. He will also need to take part in drug and alcohol treatment programs.

Diehl is required to complete 25 hours of community service, undergo anger management counseling, complete a driver safety course and complete drug and alcohol treatment over the next year, according to Machen's office.

If Diehl complies with those conditions, prosecutors have agreed to dismiss the case. But if he fails to live up to his end of the deal, the court will proceed with sentencing. His next hearing is set for April 2, 2014, Machen's office says.

Why drug and alcohol treatment? Was he driving under the influence at the time?

And really, he gets to keep driving? What do you have to do to lose the right to drive in this town?

Comments

[MB]

I think that his being a former MPD officer is relevant.

[SJE]

This might be appropriate if he pounded a hole in the wall. But, he committed assault and battery and injured a person solely because they were a cyclist. Where are the charges for the injury?

[IMGoph]

What do you have to do to lose the right to drive in this town?

Kill someone else who is also driving a car.

[Rob]

Can the cyclist file a civil suit?

[JeffB]

What do you have to do to lose the right privilege to drive in this town?

[turtleshell]

I'd like to know the names of the judge and DA who signed off on this. Its crazy.

[John]

He lied about his initial involvement too! What a travesty.

[Sally M]

Any plans for a protest at the courthouse? I'll be there.

[Upside]

Officers get away with a lot just about everywhere. I understand their job may be hard, but that's their choice and chosen line of work. When you think about it, they should be the last people to get a slap on the wrist - because they should know better.

[20011]

"Officers get away with a lot just about everywhere."

Richmond Phillips thought he could get away with snuffing out the 20 y/o he knocked up and his 2 month old baby. Fortunately for the residents of MD and PG County, they take violent crime a little more seriously than in the District.

[washcycle]

When I was in Cameroon, it was at the time the most corrupt country in the world. It's eye opening to see how corrosive corruption can be. It was like living in a country where everyone went Galt. Why work hard and earn anything if the police/tribal leadership/military is just going to take it away? So I'm a little bit sensitive to corruption.

And when a police officer parks illegally in a fire lane to get lunch, knowing they won't get a ticket, that's low level corruption. When a retired police officer gets special treatment by the law - that's corruption. I'm not sure that's what happened here, but there is a whiff of it to be sure. And that corruption is just as corrosive as what I saw in Africa.

[Rob]

I bought a helmet camera to be able to catch this type of crime on video. Clearly, with the current laws it makes no difference if there is evidence or not; car drivers will always receive preferential treatment.

In all seriousness here, why did the driver only get charged with leaving the scene and destruction of property? Is there no law on the books for vehicular assault (or something similar)? Malice was clearly expressed.

If this guy gets off for attacking a cyclist, who can we call and send daily e-mails to? Imagine if this was a bike-cop getting attacked!

[highvizguy]

@Rob-The more of us w/ cameras, sending in video evidence to MPD, the more they'll have to take it seriously. We need a program like Road Safe London, that takes the evidence and acts on it. If I have a license plate, the drivers face, and them on a cell phone they should get a ticket. Parking in a bike lane? Ticket. Reckless/dangerous driving? Take a look at the video, act accordingly. Having just released http://towardzerodeathsdc.com/ , it's time to put some effort towards, and enforcement behind, the words.
Half of my incidents w/ motorists are "Motoring 101" mistakes that really shouldn't happen, but for laziness and or apathy. That stuff can be corrected if enforced and "de-normalized" (it's all too common now). The really egregious stuff needs to be criminally prosecuted. At the minimum, one's ability to drive should be heavily restricted or taken away.

[IBikeandWannaLive]

Why was he not charged with assault and battery, assault with a deadly weapon, attempted murder....anything that is a serious offense when you hit someone with a 2 ton vehicle? And why did the prosecutors agree to a plea deal? How hard would it have been to find him guilty with that much video evidence?

[SJE]

The bigger problem is that this is high profile case: it says that drivers can get away with anything.

I completely agree that this is part of the "blue wall of silence" in which cops, prosecutors and judges protect each other. It started when the cops "neglected" to investigate him.

This sort of corruption is corrosive. PG county was known for a long time for corrupt cops, and the corruption was all the way to the top. Its a rotten apple that spoils everything.

[IBikeandWannaLive]

Email the DC District attorney [email protected]

[Jesse]

Assault doesn't even cover this. It's attempted murder. The guy should be in prison.

[Fearing Dystopia]

@turtleshell: Perhaps the judge and DA are the same ones whose work last year resulted in a drunk driver who killed a man walking a bicycle across key bridge to a year in prison.

[Jack]

This is such a travesty that we need to protest. Even Maryland and Va. advocacy groups can get involved since they represent commuters and visitors who ride into D.C. In fact this needs to be highlighted nationally.

[Jack]

According to WTOP the driver didn't just try to hit the cyclist. He actually hit him.

[Crickey7]

The prosecutors got the best deal they could. I'm not going to second guess it. Had it gone to trial, he might very well have gotten off. I've seen the video, and think a jury comprised largely of drivers could easily have decided there was insufficient evidence that he intended to hit the cyclist.

[Tim]

Send him to Austin, TX. I volunteer at the Yellow Bike Project, where we welcome those who wish to do community service.

Rest assured, I will put him to work.

[JimT]

Does anyone know whether there will be a complete allocution when the plea is entered and the judge issues the sentence?

Anything less than a full allocution is unacceptable.

If the driver provides a full and honest allocution, I'd say justice will probably be done. If not, then the community service is irrelevant and the case should proceed to trial.

We don't know whether this was assault or battery. An honest allocution might shed light, but regardless, it was intentional. With an on-the-record confession the cyclist should have little problem obtaining significant punitive damages, which would not be covered by the driver's liability insurance policy.

[SJE]

Crikey7: you don't have to actually hit someone to commit assault: assualt is the threat. If the person's reaction was a reasonable result of that threat, then the person is liable for the injuries. I'd like to see this go to the jury anyway. Drivers may not like bikes, but its another thing to deliberately try and hurt someone.

[JimT]

SJE: I agree that there is enough evidence of assault to send the case to the jury, but I agree with Crickey that the jury might not convict.

Being a broken record, however, I am appalled if there is no provision somewhere for an allocution that tells us what he was actually trying to do, as part of the guilty plea.

The public needs to hear his actual thoughts, if for no other reason than so that others who have had the same thing go through their minds can reflect on it. And the record needs the admission so that the civil case can be resolved with a minimum amount of lawyering.

I want to hear how the prosecutor made this decision to get justice for the victim.

[washcycle]

There's not going to be a civil case.

[tim h]

I'm shocked and saddened. I don't know how yet, but there is a systemic problem here that needs to be addressed.

[Frank]

JimT: I think this is related to your question about full allocution but I'm not a lawyer so I don't really understand your question or this sentence from the United States Attorney in this case ... but perhaps you can chime in?

"Your client understands that the Government will waive stepback pending sentencing, will waive any sentencing enhancement papers, and will reserve allocution at sentencing."

[JimT]

Thanks. I am glad you tracked that down. I haven't read all the papers on this so I am mainly trying to raise issues. I wonder whether this means that technically, the sentencing will come a year from now and there will be allocution then. Between that and the civil case having been settled, this does not seem so bad.