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  1. #1
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    Good Samaritan pushes two elderly women away from an accident, and is cited for jaywalking

    DENVER A good Samaritan who helped push three people out of the path of a pickup truck before being struck and injured has gotten a strange reward for his good deed: A jaywalking ticket.


    Family members said 58-year-old bus driver Jim Moffett and another man were helping two elderly women cross a busy Denver street in a snowstorm when he was hit Friday night.


    Moffett suffered bleeding in the brain, broken bones, a dislocated shoulder and a possible ruptured spleen. He was in serious but stable condition Wednesday.


    The Colorado State Patrol issued the citation. Trooper Ryan Sullivan said that despite Moffett's intentions, jaywalking contributed to the accident.
    Moffett had been driving his bus when the two women got off. In the interest of safety, he got out and, together with another passenger, helped the ladies cross.


    Moffett's stepson, Ken McDonald, said the driver of the pickup plowed into his stepfather, but not before Moffett pushed the two women out of the way.


    When he awoke in intensive care, he learned of the ticket. "His reaction was dazed and confused. I was a little angry," said McDonald.


    The other man also was cited for jaywalking, while the pickup driver was cited with careless driving that led to injury. Sullivan said the two elderly women haven't been cited but the investigation is ongoing.


    Injured good Samaritan ticketed for jaywalking - Yahoo! News
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  2. #2
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    Doesn't surprise me at all. With the rare exception, CSP troopers are a bunch of dicks. I have met one since I got here that wasn't a complete ass, even on calls where we are helping themcath their bad guy, still dicks.
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  3. #3
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    Hmmmmmm, jay walking hell of a fine I guess.
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  4. #4
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    I dunno, why couldn't they have helped the old ladies cross legally? I have to agree with the trooper that they created the dangerous situation to begin with.

    Our traffic division has had the policy off an on that requires the investigating officer to write a citation at every accident they investigate. More than a few times they've had to go to an ER to write some poor smuck who jaywalked and got creamed. Maybe CSP has the same policy.

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  5. #5
    CW Mock's Avatar
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    Quote Originally Posted by ChesCopPodz View Post
    Doesn't surprise me at all. With the rare exception, CSP troopers are a bunch of dicks. I have met one since I got here that wasn't a complete ass, even on calls where we are helping themcath their bad guy, still dicks.
    Nice ...


    RetDetSgt,

    We don't have a written policy requiring a citation to be issued. I don't know the details on this incident, but holy crap, that was dumb.
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

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  6. #6
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    Quote Originally Posted by ChesCopPodz View Post
    Doesn't surprise me at all. With the rare exception, CSP troopers are a bunch of dicks. I have met one since I got here that wasn't a complete ass, even on calls where we are helping themcath their bad guy, still dicks.
    That's a pretty bold statement.

    We have some CSP folks here, and they have been nothing but the finest members.

    It's possible, as was pointed out, they have a policy which requires they cite the cause of an accident. It isn't uncommon.
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  7. #7
    MacLean's Avatar
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    Quote Originally Posted by CW Mock View Post
    We don't have a written policy requiring a citation to be issued. I don't know the details on this incident, but holy crap, that was dumb.
    Well, there goes that excuse
    I'm your huckleberry...

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  8. #8
    CW Mock's Avatar
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    In some places its more like "unwritten policy." A supervisor will ask why you did NOT write a ticket on a crash, as they usually have some sort of direct cause. Yeah, there was jaywalking here, and it was a direct cause. I am going look in the policy manual to make sure, but its understood we have discretion on crashes to cite or not.

    I'm trying to put myself in that situation. I wish I knew the weather - and what the driver of the truck was doing. I am betting there is more to the story, but I don't think it will help this guy's case any.
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

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  9. #9
    MacLean's Avatar
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    Quote Originally Posted by CW Mock View Post
    In some places its more like "unwritten policy." A supervisor will ask why you did NOT write a ticket on a crash, as they usually have some sort of direct cause.
    Kind of how it is here, too. You have to justify why you didn't write.
    I'm your huckleberry...

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  10. #10
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    I guess I'm in a minority that doesn't see writing the citation for jaywalking as that big a deal. I doubt the fine is all that much and as I said earlier, if they'd waited or gone to a crosswalk, this whole thing would have been avoided.

    Over the years I've almost hit enough dummies who thought they owned the world and could walk wherever whenever they wanted that I'm not terribly sympathetic.

    Bear in mind, this comes from someone who never wrote many tickets in ten years of working uniform.
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  11. #11
    MacLean's Avatar
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    Quote Originally Posted by Retdetsgt View Post
    I guess I'm in a minority that doesn't see writing the citation for jaywalking as that big a deal. I doubt the fine is all that much and as I said earlier, if they'd waited or gone to a crosswalk, this whole thing would have been avoided.

    Over the years I've almost hit enough dummies who thought they owned the world and could walk wherever whenever they wanted that I'm not terribly sympathetic.

    Bear in mind, this comes from someone who never wrote many tickets in ten years of working uniform.
    I might not have done it, but I don't see it as a huge deal either.

    We don't know enough about what was going on to jump down some Troopers shit about it.

    It *can* be bad PR, which I think not enough guys consider sometimes.

    I'll tell you what bothers me more, though....

    The comments about "all deputies, troopers, city guys, etc. are dicks" that come out when something like this happens. That really, really bothers me.

    We are *ALL* on the same team people, and there is an asshole or PR stunter in every outfit.
    I'm your huckleberry...

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    but every girl I found was either one way or the other...



  12. #12
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    Quote Originally Posted by CW Mock View Post
    Nice ...


    RetDetSgt,

    We don't have a written policy requiring a citation to be issued. I don't know the details on this incident, but holy crap, that was dumb.

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  13. #13
    CW Mock's Avatar
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    I think now, after looking at it from a distance, it's going to be about the lawsuits. Bear with me here, and lets see if this makes sense.

    It's snowing, bad visibility. Driver hits two people crossing the street, he may or may not have seen in time.

    He is GONNA be sued. Or at least, that's almost the unwritten rule. He was cited for Careless causing injury at the very least. That places fault squarely on him in the report so far.

    BUT:

    They were jaywalking. Wrong part of the street at the wrong time. Blame sits with them as well. If they would have crossed the street "properly" they might not have been put in a position to be hit.

    So now the lawyers have both parties being sited and shown at fault. They are going to have to fight it out now, but, the Trooper can say he was not being partial to EITHER side. He cited the responsible parties for the crash - both the driver and the pedestrian that crossed in the wrong place.

    Unfortunately, in this instance, it looks like bad PR. It IS bad PR. I'm going to withhold judgment for now, but I can see the line of thinking that might have resulted in this. By citing all parties responsible, you are no longer biased. I think though, the old ladies are going to need citations too. (Jaywalking is not a big ticket here either).

    That make sense?
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

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  14. #14
    Retdetsgt's Avatar
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    I wonder if the men were walking them across the street in front of or behind the bus.




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    Quote Originally Posted by CW Mock View Post
    I think now, after looking at it from a distance, it's going to be about the lawsuits. Bear with me here, and lets see if this makes sense.
    The definition of comparative (or contributory) negligence must weigh in. It may be bad PR, but if in fact the guidance of the 'hero' in crossing the street at a point more hazardous actually contributes to the harm suffered, that will certainly bear out in litigation. From the trooper's perspective, such did contribute to the harm, and citing it removes all doubt.

    The troop is doing his job. Its not pleasant, its not popular, but it is, nevertheless what he's sworn to do. I do a much similar job. I've had to regret doing it as well before, but I did it.

    So be it.

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  17. #17
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    Quote Originally Posted by CW Mock View Post
    I think now, after looking at it from a distance, it's going to be about the lawsuits. Bear with me here, and lets see if this makes sense.

    It's snowing, bad visibility. Driver hits two people crossing the street, he may or may not have seen in time.

    He is GONNA be sued. Or at least, that's almost the unwritten rule. He was cited for Careless causing injury at the very least. That places fault squarely on him in the report so far.

    BUT:

    They were jaywalking. Wrong part of the street at the wrong time. Blame sits with them as well. If they would have crossed the street "properly" they might not have been put in a position to be hit.

    So now the lawyers have both parties being sited and shown at fault. They are going to have to fight it out now, but, the Trooper can say he was not being partial to EITHER side. He cited the responsible parties for the crash - both the driver and the pedestrian that crossed in the wrong place.

    Unfortunately, in this instance, it looks like bad PR. It IS bad PR. I'm going to withhold judgment for now, but I can see the line of thinking that might have resulted in this. By citing all parties responsible, you are no longer biased. I think though, the old ladies are going to need citations too. (Jaywalking is not a big ticket here either).

    That make sense?
    Yes.
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  18. #18
    Retdetsgt's Avatar
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    Quote Originally Posted by CW Mock View Post
    That make sense?
    Yep, I see the trooper's reasoning, but it really won't matter when it goes to court. Civil court is based on preponderance of evidence and who was the most wrong. The jaywalking will be considered with or without a citation or conviction.
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  19. #19
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    Original story left too many unanswered questions.

    It looks to me like they were let off on the marked bus stop near 62nd. Where do they cross to get to the other side of Federal from that stop, or is it a case that they should have ridden until they were let off at the stop across the street as there is no pedestrian crossing? Playing frogger across 7 lanes clearly wasn't the correct answer.

    Site of incident :


    (Enter "Federal Blvd & W 62nd Ave, Adams, Colorado 80221" into Google Maps to get live version)

    Alternate story 1

    An accident report from the Colorado State Patrol describes what happened next. A driver of a truck was driving in the turn lane to turn from Federal onto 63rd. The report says the driver didn't see the pedestrians until it was too late. He swerved to avoid them but hit Moffett with the right front of his Dodge pickup.

    Alternate story 2

    Around 9pm on Friday, he dropped off two elderly women on Federal Boulevard near 62nd Avenue. The women live in a trailer park across the street, and decided to cross in the middle of Federal Boulevard. Jim, and a passenger named Eddie, decided to help.

    The four made it halfway across. As they waited in the middle, traffic slowed to let them pass. But a Dodge Ram pickup truck didn't see them in the darkness, and hit them head on. In a split second, Jim and Eddie pushed the two women out of the way.

    ...

    The Colorado State Patrol says they issued a ticket because they had to. In injury accidents, says Trooper David Hall, CSP is required to issue the proper citations. If they don't, they could face legal ramifications down the road. McDonald says he understands that, but argues there is nowhere safe to cross along that area of Federal.

  20. #20
    CW Mock's Avatar
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    Seeing the picture helps quite a bit I think.
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

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