Kill a Biker,
Get 30 Days in Jail

American Motorcyclist, August 2003, Page 20

Recently, we reported on a tragic crash near Oakland, California, in which motorcyclist Gary Kunich lost his life.

Kunich was sitting at the end of a stopped line of traffic when a truck driven by Nicole Moore plowed into him, triggering a fiery, five-vehicle pile-up. Police reports indicated that Moore’s truck was traveling at speeds of 60 mph or more in spite of the fog, which limited visibility to less than 100 feet.

At the time, we were encouraged that a California judge had ordered the case to go to trial after rejecting a plea-bargain request on the part of Moore’s attorney, who argued that his client should get off with no more than 60 days in jail.

The attorney told a newspaper that the death of the motorcyclist was “a tragic accident,” but, he added, “It’s a risk that motorcyclists take.”

Now, Moore’s trial on a charge of vehicular homicide is complete, but the outcome is hardly what we would have hoped.

Instead of increasing the penalty from the 60 days proposed by the defense attorney, the trial court sentenced her to 30 days in jail, 200 hours of community service and $500,000 in restitution, which she probably won’t be able to pay.

“I guess Gary’s life wasn’t worth too much to the judge, as he downplayed the whole accident, saying that these things happen all the time,” says Pat Kunich, Gary’s widow.