Chris Bucchere cried softly during the final argument of his preliminary hearing when his attorney described him as a good person and a family man who gives back to his community.
Bucchere, a 36-year-old San Francisco resident, was riding his bicycle south on Castro Street during morning rush hour last March 29 when he collided with Sutchi Hui, 71, of San Francisco, who was crossing in the south crosswalk along Market Street with his wife. Hui died of his injuries four days later.
After Superior
Court Judge Andrew
Cheng issued his ruling, Bucchere, who is free on bail, strode quickly out
of the courtroom and did not speak. His attorney, Ted
Cassman, declined to comment.
Cassman sought unsuccessfully to have the charge reduced to a misdemeanor.
During the first day of the
preliminary hearing Wednesday, prosecutor Omid
Talai called several witnesses who described seeing Bucchere speeding
through red lights and stop signs before arriving at Market. He did not appear
to slow down as he approached the crosswalk, they testified.
Both sides debated, down to the
second, the moment when the light turned red and Bucchere entered the
intersection. A traffic expert and witness for the prosecution, Michael
Mahoney, said his analysis showed the light was red when Bucchere crossed
the north crosswalk. The defense disagreed, citing a traffic light that is dimly
visible in footage shot by a surveillance camera at the intersection.
The defense also said several pedestrians, including Hui, had entered the crosswalk before the walk sign was illuminated and should have yielded to traffic.
Bucchere "had the right of way," Cassman said. "The pedestrians did not."
Cassman also cited Bucchere's clean criminal and driving records and history of bicycle safety - he taught cycling safety classes, Cassman said - as reasons the judge should reduce the charge.
Cheng did not agree, though he said he hoped the parties would reach a resolution privately before the March 21 trial. He said Bucchere has strong potential to give back to the community and will "carry this mistake the rest of his life."
District Attorney George
Gascón said he was "very pleased" with the judge's ruling and called
Bucchere's conduct "really egregious."
"His need for speed ... led to the death of a person," Gascón said.
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