[*BCM*] Motorist gets slap on the wrist for killing a cyclist while using cell phone

[Ari Pollak]

http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death

URBANA – Jennifer Stark wiped away tears and nodded that she understood
the maximum sentence a Champaign County judge gave her Wednesday for
improper lane usage.

The 19-year-old Urbana woman appeared in court, flanked by her parents,
to plead guilty to a petty offense and be sentenced for actions that led
to the death of Matthew Wilhelm.

The 25-year-old former Champaign resident, a University of Illinois
mechanical engineering graduate working for Caterpillar in Peoria, died
on Sept. 8 from head injuries he received Sept. 2 when Stark hit him
with her car because she was downloading ring tones to her cell phone
instead of paying attention to driving.

Mr. Wilhelm was bicycling north on Illinois 130 east of Urbana when he
was struck from behind about 7:15 p.m. Stark was so far off the road
that she hit Mr. Wilhelm from behind with the driver's side of her car.
He was wearing a helmet.

"I can only apply the law I have in front of me, not as I wish it would
be," Judge Richard Klaus told Stark and the approximately dozen others
who had gathered to see her sentence. They included the parents of Mr.
Wilhelm and other friends and relatives of the Wilhelm family who have
mobilized forces to try to get the law changed regarding distracted
drivers.

"I am appalled by your conduct and the manner in which you have driven
in the short time you've had a license," Klaus told Stark, who had three
prior convictions since May 2005 one for disregarding a traffic light
and two for speeding. The last speeding conviction came about five weeks
before she hit Mr. Wilhelm.

State's Attorney Julia Rietz made the call not to lodge any more serious
charge than improper lane usage against Stark, saying that the legal
definition of recklessness, to sustain reckless homicide or reckless
driving, did not fit her actions.

But Rietz argued for the maximum sentence of six months of conditional
discharge a form of probation without reporting to an officer a $1,000
fine and traffic safety school.

"This is a tragic case and one which has demonstrated to us there are
many things we can't adequately resolve in this building, unfortunately.
The law doesn't give us an adequate remedy to address the loss to the
Wilhelms and society," she said.

Stark shook her head no when Klaus asked her if she wanted to say
anything before being sentenced.

But Gloria Wilhelm, the mother of the victim, was not reticent. She
calmly read to Klaus a statement in which she chided the system that
allowed Stark to continue driving even though her "irresponsible
behavior continued to worsen."

And she took a diplomatic jab at Rietz for her decision not to prosecute
Stark for more than a petty offense.

"Julia Rietz said it would be hard to prosecute 'willful and
wanton' (behavior) and the driver could have 'no reasonable expectation
of a bike on the side of the road,' yet every single time we visited the
accident site we saw bikers and joggers in the area. The driver took
this path to and from work and had to see others out there. Disregarding
the obvious is a total lack of responsibility.

"In addition to a mere fine, we implore you to recommend community
service and continued education to improve her driving. She needs more
than just to 'live with this the rest of her life.' She can celebrate
holidays and birthdays with her family. We can't do this with Matt."

Stark's mother sobbed as she listened to Mrs. Wilhelm continue:

"We have nightmares of Matt's last moments when he was riding way off to
the side of the road on a clear beautiful day and was hit with no
warning. ... Another person told me they saw the accident scene and it
was something no mother should have to witness all for a cell phone ring
tone. ... All for a self-indulged driver who has her priorities
ridiculously out of order."

After the hearing, Stark went upstairs at the courthouse to make an
appointment with the probation office. Her mother told The News-Gazette
that Stark didn't want to make any public comments because "she's afraid
her words will get twisted."

Stark sent a letter to The News-Gazette that was published in September
in which she apologized to the Wilhelm family for what happened and said
she took full responsibility for her actions.

"I never meant to do anything like this. I know that no matter what I
say or do I can never take back what has happened or undo the hurt and
grief I have caused. However, I still wanted to say that I am very
sorry," she wrote.