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No Justice In Wellesley

Feb 5, 2013|

Prosecutors have closed the investigation without filing charges on a fatal bicycle accident last August in Wellesley where an 18 wheeler ran over a cyclist and then fled the scene. Howie was appalled at the lack of Justice in this case and in our legal system in general.

Transcript - will not be 100% accurate

Brady to what happened last August in the oil wells -- there was like there. And the bike rider. It was mind in his own business who's going that he was on there's on Weston road which is a pretty narrow watch crowded road. And he was say he was just there was a there was a clear day as I were call and he was getting ready to one he was he was readying himself for some kind of -- apple -- he was writing -- specialized -- that he had just -- He was wearing a helmet he was a minding his own business. And and in a truck driver an eighteen Wheeler -- ran him over and I killed them. And the that the truck driver didn't stop. He just kept kept right ongoing. And it turned out to this truck driver had a terrible terrible driving record. But yet the that the Norfolk County grand jury has declined to invite this truck driver. Who has three decades of motor vehicle infractions. He will not face criminal charges and hit and run death of a Wellesley bicycles last August. Despite the efforts of police and prosecutors are grand jury declined to win by Dana EA -- -- 51 who drove the eighteen wheel truck that struck and killed by syquest. Alexander. Monde the semi -- police said the truck truck truck driver drove away after the crash. Now of course via family is suing him but the key is that this time home. Has a seven page driving record dating back from 1982. According to war Wellesley police report by October by August 23 of last year his license had been suspended nineteen times. And he had six surcharge double accidents in seven several moving violations. Two years before the fatal accident in Wellesley according to documents provided by the mass registry of motor vehicles -- the driver of the truck that killed -- -- -- -- was required to complete a National Safety Council driver retraining program. Montel I passed with flying colors -- -- -- -- 41 was riding his bike on Weston road it's telling it's it's not a good place I would wanna be ride a bike on the west and -- Near the intersection of Linden street just before 2 PM on August 24 of last year when he was hit and pulled under the truck. Wellesley police in the Norfolk district attorney's office sought to charge from home with motor vehicle homicide by negligent operation unsafe overtaking of a bicycle and failing to take precaution for the safety of other travelers -- a grand jury and declined to indict him on any of the charges. The Wellesley police said we are clearly disappointed that the grand jury disagreed with -- and came back with -- Nobel. We felt that the operator of the tractor trailer should have been held accountable for his actions that day. The suit alleges this is this the civil suit the suit alleges that my home recklessly in negligently -- the past month. -- senate goes when it was not safe to do so despite being familiar with the roads. It also alleges that McComb is an extremely dangerous driver who should not have been behind the wheel of a truck. Mccombs licence was suspended indefinitely after the accident according to the registry documents. Attorney Scott Tucker who said he was representing all three defendants that would be him home the the company and I forget who the other one is declined to comment on mccombs driving record except to say that at that time of the accident the driver had a valid commercial driver's license. You know an artist he was they got a two days later. He told officers that he did not remember anything unusual about his drive -- Wellesley he said he did notice of bicycles on well Weston road and later heard about the accident but denied he was responsible. Almighty god there's no way McComb said his officers insisted he did hit the cyclist according to documents -- according to documents. How many how many. Surcharge -- -- is -- thank you get her how many were license suspensions the get before. Before you lose your license to -- to drive a an eighteen Wheeler army and eighteen wheelers are pretty dangerous. Vehicle as we all know. Big scary truck and play is like column PS3'S big scary trucks. And again this guy's license had been suspended nineteen. Times. -- six surcharge able accidents and several moving violations. He had to completed National Safety Council driver retraining -- We should -- I've been driving a truck. Mean I again and only I know that's his his job that's his trade is driving trucks -- you take -- straight away from them but I mean it. This does a guy with -- kind of it it -- is bad at his trade as his driving record seems to indicate that he upper right to want to be out on the road. And and and killing people again I in nine I know this road the very well. And there are usually most by now I think about a most bicycle stay practice this particular stretch of road because it is so damned dangerous and you know what's wine -- and and and that drivers get frustrated on it because a big big get behind the and it's it's a -- two road between west and Wellesley. It's not a it's -- -- scenic it's it is kind of seen it but it's not it's not a it's a it's across world. And yet you know people get. People get. Motorists get. And you know I mean mutants. I don't think this -- was caused me trouble while I have a feeling that the the -- crops the fact that they took all this time to want to rest them and that they. I have a feeling that the guy did try to -- Excuse me past the -- And and you know I mean I. I don't know they're never driven -- -- -- I don't know how what's I don't know how it's possible you can hit somebody and run over them and not not know that you have. But he claims he claims she did know. So what do you think this guy have a bit not charged with solar which charged with some sort of -- Criminal offense obviously was a murder or even like that but in the negligent homicide her. -- striving to win danger something or something mean that he you know what's the sky idea. The sky didn't deserve to die he had the hands of some guy who probably should have been driving track. And another's no no indictment whatsoever 18774694322. By the way. I agree a jury will invite Amsterdam which -- an appeal saying I mean this grand jury at -- -- this grand jury polio district attorney -- who was stick it. One and in the Wellesley police department 187746943220. David you're next with power cargo ahead David. -- -- I just want to respond a little bit you gotta be careful opera ball see the suspensions because the eight day. You you you have eighty motor vehicle. Let me explain this you have to -- OK I want to commercial record and what is in it in a personal vehicle wreck. Andy who is ball for ropes again steal even though it wears them separately on the record. -- I mean nineteen I mean I've you know why I've never our motto is I'm older than this guy I've never had my license suspended video. My license suspended once -- out on its tour bus and it's -- and personal. But to all of us have to have eighteen fewer suspensions than this guy that did this one guy yet. -- -- -- I don't I guess unity EP suspect. I mean I knew he had nineteen suspensions. I mean even if you're always you know that's that's. Amid how to how does he get a CDL after he has nineteen suspensions. Well what comes -- He probably didn't probably -- the CD format but he quit Bennett on personal vehicle witnesses to come and get you back. But I don't just that you got to have a CD all the B drive and a an eighteen Wheeler don't just. Yeah I just like to know how we had the we had that I hope will be a follow up story today at tomorrow's paper about how we had no idea how -- license after all these suspensions -- -- what's the you know I went what is the three strikes and you're and you're out rule for CDL driver. -- your next with how we cargo ahead Kenny. I don't like. They're trying to and that higher -- I'm a -- I myself -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- And then. Just passing laws and using cell phone calls anymore. Then. Again you know not well in any and I think it you that you are a little bit scary trucks being regarded I don't know like structure. We've paid dancing on the -- than 99 -- a -- -- there -- And collecting about the Batman that that's added nobody done sooner this up contender I think. And don't audit public testing and early and I mean. Ya know I think he has given all you guys a bad name immunity easily giving the registry of motor vehicles a bad name to down here for -- not all of his license at some point you know. An -- yeah I don't wanna I don't particularly want you know deprive a guy of his livelihood but geez I mean you can't be you know I've been. That. It's it's a big scary truck for it for a reason because it's scary because it can do a lot of damage it's not like you know -- where it's not like most of us driving around did not pass. Ginger vehicles thanks for the call 18774694322. Maybe the grand jury couldn't hear about his previous record. I don't know about that I think the grand jury can pretty much -- hear about anything can't -- the grand jury spokesman said no probable cause nothing to see here folks move along which judges is uncle I don't know what judges as an ankle. Uncle 603 how we they're treating this truck driver like an illegal immigrants catch and release. You know when the first when they first you know when they first had a problem finding the guy in the and they wouldn't announce what his name was I mean a lot of us assumed I mean I followed -- 'cause I know the road and I live in Wellesley. I didn't know -- guy who was killed but a lot of us assumed there was an illegal aliens that there there was a cat generally steal but again I guess to give the guy isn't an illegal aliens. 1877. Most bicycle -- should be charged they write like lunatics. I don't think that that was the case I I agree with you was in general but I don't think that was the case in this in this. Unfortunate accident Bob your -- with -- cargo have Bob. Yeah I don't let it into the video. Why didn't quite got it in video of this -- didn't -- a lot. He didn't. Give the guy Rome. I can understand what they try to argue. On the studio government itself. And we can -- Of the -- pedestrian and a a jogger on -- and a bike tipped him -- to back off he's useful in Alaska it it's I didn't none of that none of that trust. The grand jury let them go I have no idea but another quick Gloria New Year's Eve during the day -- over by India. In Gordon that Gordon in in Boston the pardon the -- is important. Two byte public gardens. In these two these two -- listen up. Policy towards a big industry. One album. Take this end of the left channel bar and reaching his hand under the sender of our next on and a chorus -- Now here's what happened that a driver this guy you know don't know -- -- of their game but it was great sound. I don't think this guy was whoa this guy this guy was just some final whistle and we was -- taken time off from his job he had kids -- wife I mean I know exactly who you're talking about the post it's almost kill people downtown every day and sometimes they do come damn near -- people. -- you've got to look at that video out. Okay thanks for the call Bob pack your next with how we cargo had passed. Yeah -- my question is does the opposite Heathrow or how they report they have in derided for. Literature and yet he can instruct their -- what -- kind of reverend record -- or. I know what might what might drivers I have to ask what are they haven't and it's it's violation I can't. -- Well I mean nineteen I mean jeez I either -- and now look at them I mean they're gonna get soda -- you know damn well we're gonna play this did this tape of before the jury. And the -- I mean that it's gonna cost this company you're their insurance company millions of dollars which I. Absolutely. Absolutely you know the other question is why wasn't he charged that we've seen -- -- -- that I mean obviously was guilty of that. I know Eddie Eddie claimed he didn't know -- didn't always hit somebody I mean that's the oldest excuse in the book right. I didn't know I had somebody who I was let -- I was leaving on -- hubcap and you know -- rim and I was an annoyed at somebody. Thanks for the call pat another pat your next with how we -- quickly not much time out. You know it as -- -- I have to say you know without being cute graphics in it if you're trying to eighteen Wheeler extra. Those under X and it actually both under the deal. I adds that it. You know their IBO light you have known that that it actually hit the cycle. But he Agassi wasn't cut the guy any slack sometimes you gotta cut the guy and in some slack even if he's a jerk and and I don't think this guy was jerk on how we are.