Rider dies,
driver sentenced to perform
'Acts of kindness'

American Motorcyclist, May 2003, Page 21

What is the appropriate penalty for killing a motorcyclist in a traffic accident?

It’s a question we’ve been trying to resolve through the AMA Motorcyclists Matter campaign, which seeks to get consistent minimum sentences for car drivers who injure or kill motorcyclists and other vulnerable road users like bicyclists and pedestrians. But a case in Oklahoma shows how far we still have to go.

Last July, Deana Barnes plowed her SUV into the back of a motorcycle ridden by Larry Pittman, 34, of Skiatook, Oklahoma. Pittman was slowing to make a right turn in Tulsa when he was hit and killed by Barnes’ SUV. The driver told police that she “didn’t see” the motorcycle, even though it was right in front of her.

Barnes pleaded guilty to negligent homicide. But when Judge Millie Otey passed sentence in February, the judge decided that the appropriate penalty in this case was 30 months of probation, during which Barnes is ordered to perform unspecified “acts of kindness and generosity.”

In other words, a rider dies, and the driver responsible gets no jail time; not even a stiff fine.

Sean Maher, AMA state affairs director, called the sentence “outrageous.”

“This is just another example of why we need legislators across the country to look at the sentencing laws for motorists who kill motorcyclists,” Maher said. “We have succeeded in getting Virginia to pass a law based on the model legislation written by the AMA. New Jersey, New York and Pennsylvania are among the states considering legislation. But it’s clear that we need to work harder to get new laws passed.”

In Washington State, the Washington Road Riders Association got similar legislation passed.