The Case of Sutchi Hui Pedestrian versus Chris Bucchere Bicyclist. One Dead In San Francisco.
9 April 2012
EventHorizon1984
We are not a current events type of space. But sometimes something comes up ......
On 29 March 2012, in the city of San Francisco, a bicyclist identified as Chris Bucchere collided with a pedestrian identified as Sutchi Hui. Mr. Bucchere survived the impact. Mr. Hui died later at the hospital.
While this type of sad event happens around the world daily, it's what happened after the collision that made headlines.
One viewable by the public online post.
"Never post anything you don't want repeated in RL."
SoccerkickrevivaL
An individual identifying themselves as "Chris Bucchere" wrote a post about the incident on the Mission Cycling AM Rider Google group (http://groups.google.com/group/mc-am-riders).
We pieced together and verified from various sources, the contents of that Mission Cycling AM Rider Google group post. See below.
Wrecked
Dear Missionistas / Raiders of the Morning, Famiglia and Amigos,
I wrecked on the way home today from the bi-weekly Headlands Raid today. Short story: I'm fine. The pedestrian I clobbered? Not so much.
Around 8 a.m. I was descending Divisadero Street southbound and about to cross Market Street. The light turned yellow as I was approaching the intersection, but I was already way too committed to stop. The light turned red as I was cruising through the middle of the intersection and then, almost instantly, the southern crosswalk on Market and Castro filled up with people coming from both directions. The intersection very long and the width of Castro Street at that point is very short, so, in a nutshell, blammo.
The quote/unquote 'scene of the crime' was that intersection right by the landmark Castro Theatre – it leads from a really busy MUNI station to that little plaza where The Naked Guy always hangs out. It was commuter hour and it was crowded as all getup. I couldn't see a line through the crowd and I couldn't stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find.
I don't remember the next five minutes but when I came to, I was in a neck brace being loaded into an ambulance. I remember seeing a RIVER of blood on the asphalt, but it wasn't mine. Apparently I hit a 71-year-old male pedestrian and he ended up in the ICU with pretty serious head injuries. I really hope he ends up OK.
They asked me a bunch of stupid easy questions that I couldn't answer, so they kept me for a few hours for observation, gave me a tetanus shot and sent me on my way.
Anyway, other than a stiff neck, a sore jaw/TMJ, a few bruises and some raspberries, I'm totally fine. I got discharged from the hospital durning the lunch hour. The guy I hit was not as fortunate. I really hope he makes it.
The cops took my bike. Hopefully they'll give it back.
In closing, I want to dedicate this story to my late helmet. She died in heroic fashion today as my head slammed into the tarmac. Like the Secret Service would do for a president, she took some serious pavement today, cracking through-and-through in five places and getting completely mauled by the ragged asphalt. May she die knowing that because she committed the ultimate sacrifice, her rider can live on and ride on. Can I get an amen?
Amen.
The moral of this little story is: WYFH
Hoping you'll all keep the rubber side down,
Chris
We here would love to make a few choice personal comments about this masterpiece, but it would not be fit to print.
"All we want are the facts"
Joe Friday, Dragnet
Let's go over some of this
The above post was attributed to Chris Bucchere, because his email address was attached to it. One problem with that logic; if you want to get one of his email addresses it's easy enough to use Google to get one.
For instance you can get a Chris Bucchere email address from http://feedhaus.com/.
Or make one up, with his name imbedded within.
All well within the realm of what any simpleton Internet Troll could accomplish.
To objectively state that Chris Bucchere made that post, where a computer is involved, you need to link the IP address associated with that email address to him. Match the MAC address to a device he has access to or owns. And then prove he was at that specific device at the time of the post.
If that post was made from a smart phone, best of luck trying to reverse trace the phone number and phone that made the post.
Ok, neither are outrageously difficult to obtain, but that's another discussion.
Not to say this is impossible. But the reverse process, a search warrant for Chris Bucchere's phone and Internet records, requires some probable cause.
You can read the appropriate California statute for yourself:
So did Chris Bucchere, the one in the collision, make that post?
The site associated to that group, MissionCycling.org, had this to say:
The owners of that Google group say it's him, but that's not proof.
Let's take a different and public tact.
"There's a war out there, old friend. A world war. And it's not about who's got the most bullets. It's about who controls the information. What we see and hear, how we work, what we think... it's all about the information!"
Cosmo, Sneakers (1992)
There is a growing misconception that the poster known as "Chris Bucchere" only made that one incident post. This is not true.
View for yourself some posts attributed to poster "Chris Bucchere", going back to 2010, on the Mission Cycling AM Google group.
To do this, use Google and search for "site:groups.google.com groups.google.com/group/mc-am-riders "chris bucchere"".
Because that group closed itself to the public, use the Google "Cached" option to view messages.
A cursory examination shows that the poster known as "Chris Bucchere" had a good online rapport with other group members. Not out of the ordinary with online groups. Plus he left multiple Internet links identifying himself. Abet any Internet Troll could do this.
But when you read his postings, you will find out he had a good offline, that is a person to person relationship, with other group members. Internet Trolls are not known for doing this, unless they're into Identity Theft.
A Detective would have no problem determining if the poster known as "Chris Bucchere" is the Chris Bucchere the Police interviewed on 29 March 2012.
The original post was deleted, making an online public reading difficult. But not impossible. If you're really the curious type, do a Google search for "Wrecked - Mission Cycling AM Riders". Suggest using the quotes ("").
We suspect that link leads to the post that's making news around the world.
Currently that link will not yield that post, and at present it's not Google cached yet. However the original post might show up in the Google cache in the coming weeks. Should it appear, you'll probably see it circulating around the Internet.
Unless Google decides to quash it, or has already deleted it.
"the southern crosswalk on Market and Castro"
The poster known as "Chris Bucchere"
What does the area involving the death of Sutchi Hui look like?
The view as provided by www.dailymail.co.uk:
The view as provided by www.sfgate.com:
The view as provided by zzz.sfbg.com:
The view as provided by sfist.com:
"I was cruising through the middle of the intersection and then, almost instantly, the southern crosswalk on Market and Castro filled up with people"
The poster known as "Chris Bucchere"
There is an article, "The Chris Bucchere Accident", which includes video of pedestrians in the Castro & Market Street area. The area of the above photos.
You can judge for yourself whether pedestrians can fill a crosswalk "instantly."
"I couldn't see a line through the crowd and I couldn't stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find."
The poster known as "Chris Bucchere"
One might wonder what "laying the bike down" means. It's a term taken from a motorcycle maneuver, which involves hitting the pavement and sliding.
Here's a motorcycle explanation and photo:
There is an interesting section within; "Today's bikes are also capable of stopping faster than ever before, making the advice about always lying down to avoid a crash obsolete."
Now imagine a bicycle and bicyclist going sideways, not upright. Into a crowd of pedestrians.
Likely scenario would be the two wheels are facing the crowd, with the bulk of the bicycle protecting the rider.
Our opinionated question is 'Why didn't he turn (left or right)?'.
"The light turned red as I was cruising through the middle of the intersection."
The poster known as "Chris Bucchere"
"The light was yellow, sir."
Jake Elwood, The Blues Brothers (1980)
According to the Police there is a, 'motorist who reported seeing Bucchere and another cyclist fly through several red lights and stop signs before the deadly Castro district crash.'
We'll have to wait and see what statements were made by other people AT the incident area.
It was after all, the commuter hour and crowded.
Unconfirmed at this point, is the notion that there were traffic cameras, and other cameras, automatically recording the incident.
"I laid it down and just plowed through the crowded crosswalk"
The poster known as "Chris Bucchere"
Is a bicycle considered a vehicle in California?
V C Section 21200 Laws Applicable to Bicycle Use Peace Officer Exemption:
"A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division"
Answer: Yes.
Much has been made of whether the light was yellow or red. Isn't a bicycle/vehicle supposed to yield to pedestrians, whether the light is red, yellow, or gren?
21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
According to part (d) a pedestrian in a marked crosswalk has right-of-way. Meaning the vehicle yields. Read, STOP.
"Reporters. They want a comment." Robert Goren
"Can they print a hand gesture." Alexandra Eames
Law & Order: Criminal Intent
Then there's this tragedy.
Teen Driver Arrested After SUV Hits 3 Cyclists In Concord, Killing 2
The driver was "arrested on manslaughter charges in the death of 2 bicyclists. Essentially reckless driving, speeding, and two fatalities.
That incident took place on 7 April 2012 at "9:30 a.m." The arrest was recorded in an article posted at 10:50 AM.
Contrast that action with Chris Bucchere, who according to MissionCycling.org, "reckless riding on that day", probably GPS tracked going 35.2 mph in a 25 mph zone, resulting in one fatality?
This incident took place on March 29, 2012. Over a week later the "Prosecutors have not filed charges but are looking into the case."
Guess in San Francisco, if you're under two vehicular fatalities, it's ok.
/*
"Don't try to usurp my throne, bitch! *I* am the slowest person in the group."
The poster known as "Chris Bucchere", 7 December 2011
"Recently retired from asking for or seeking anything from anyone. Now simply accepting my destiny."
Chris Bucchere
/*
Some references.
- http://www.google.com
- http://www.dailymail.co.uk/news/article-2126649/Chris-Bucchere-accused-KILLING-71-year-old-defending-actions-cycling-internet-forum.html -- 'I plowed through... and blammo': Cyclist accused of KILLING 71-year-old after brazenly telling internet forum how he ran him over
- http://www.marinij.com/sausalito/ci_20334356/cyclist-involved-fatal-s-f-crash-was-coming -- Cyclist involved in fatal S.F. crash was coming from Marin Headlands ride
- http://www.sfbg.com/politics/2012/04/05/was-cyclist-who-killed-pedestrian-reckless -- Was the cyclist who killed a pedestrian reckless?
- http://sfist.com/2012/04/05/cyclist_who_struck_pedestrian_at_ca.php -- Cyclist Who Struck Pedestrian At Castro: "I Just Plowed Through The Crowded Crosswalk"
- http://dothedude.blogspot.com/2012/04/asshole-cyclist-looking-for-sympathy.html -- Asshole Cyclist Looking For Sympathy Buys Himself A Heap Of Trouble
- http://tarckbike.com/node/17985 Jackass of the day -- Jackass of the day
- http://sfcitizen.com/blog/2012/04/06/did-strava-com-help-kill-pedestrian-sutchi-hui-whats-your-time-on-the-castro-street-descent-aka-castro-street-bomb/ -- Did STRAVA.Com Help Kill Pedestrian Sutchi Hui? Timing Yourself on the “Castro Street Descent” (AKA Castro Street Bomb)
- http://holierthanyou.blogspot.com/2012/04/chris-bucchere-accident.html -- Holier than You Blog: The Chris Bucchere Accident
- http://www.mixedmartialarts.com/mma.cfm?go=forum.posts&thread=1982296&forum=2&page=1&pc=24 -- Talking about your legal issues on a public forum
/*





Continuing the trend of terse press releases, Farhad Irani "
The Hype of Mobile Payments
The Hype of Mobile Payments
14 April 2012
EventHorizon1984
There is a growing trend of companies playing fast and loose with the "mobile" descriptor. When these folks talk "mobile" payments, sales, etal., readers/listeners are guided to the assumption that any statistics given are solely for smart phone transactions. Which is not true.
"There are a lot of people talking about mobile payments these days."
John Donahoe, 2012
"I do not think it means what you think it means."
Inigo Montoya, The Princess Bride (1987)
By example, eBay paid writer Richard Brewer-Hay stated, "eBay Inc. anticipates continued growth in mobile sales and payments in 2012 as shopping on smartphones and tablet devices." Qualifying "mobile sales and payments" are not only smart phones.
So what is a "mobile" or "mobile payment"?
A standard definition of mobile payment:
"Any payment where a mobile device is used in order to initiate, activate and/or confirm this payment can be considered as a mobile payment. This definition includes a wide palette of approaches, and points out the fact that mobile payments do not restrict themselves to payments via the mobile phone but virtually any mobile device such as a smartphone, PDA, tablet PC or even merchant-operated mobile terminals."
IEEE Symposium on Trends in Communications (SymptoTIC '04), 24-26 October 2004, Bratislava, Slovikia.
Or if you prefer United States based and short:
"Mobile Payment - Payment initiated from a mobile device."
Mobile Payments in the United States
Mapping Out the Road Ahead
Federal Reserve Bank of Boston, Federal Reserve Bank of Atlanta, BetterBuyDesign, March 25, 2011
Now a few are asking, 'smart phone, mobile, what's the big deal?'
It's a matter of choice to be completely factual, or choosing to be fast and loose with the details.
"we live in a mobile home. That's a cave that goes places. Only we never went anyplace." Alex Rogan
"A mobile cave that never went anywhere. Fascinating." Grig
The Last Starfighter (1984)
The Merriam-Webster definition of mobile is, "capable of moving or being moved".
By this definition, some companies are loosely telling the truth about "mobile". While that definition of "mobile" is an excellent means of inflating numbers, it is misleading.
Again by example, selected at random a link to point-of-sale (POS) mobile terminals:
http://www.networksolutions.com/merchant-accounts/retail-pos.jsp
These are POS devices that use cell phones for connectivity. As written for one device, "mobile payment processing through your 3G/3GS/4G iPhone".
Note they state "mobile payment processing", i.e. mobile payment.
By one standard definition, these are "merchant-operated mobile terminals".
Let's suppose you're small warehouse seller Acme Widgets. With these mobile devices, in 2011 you processed $1 million in credit card transactions. Acme Widgets could state factually, mobile payments in 2011 reached $1 million. Or state they processed $1 million in transactions through smart phones. Even though they processed zero customer initiated smart phone payments.
Anyone with similar portable, read mobile, POS systems can make the same claims. It's truthful, but nevertheless inflating the mobile payments numbers.
By the way, next time you're shopping at a brick-and-mortar, check out the wireless POS devices. Wireless systems are considered Merriam-Webster mobile. Like your wireless mobile laser printer.
You might ask, 'why bother massaging numbers, mobile payments are huge.'
"eBay's global mobile GMV reached $5 billion in 2011"
Richard Brewer-Hay, 11 January 2012
$6.0 trillion - 2011 total volume of transactions
Visa Inc
While we believe in the future mobile payments will be huge, as a percentage of eCommerce and Commerce today, they are rather small.
The figures for eCommerce as a percentage of total Commerce:
This percentage tracks rather well with numbers from a handful of brick-and-mortar stores:
In the case of Walmart, "2011 online sales amounted to less than 2 percent of its $264 billion in U.S. revenue".
Let's shrink the pie further.
The figures for United States mobile payment/m-commerce:
Worldwide the numbers are:
Yes that would be United States eCommerce is 5.5% of Commerce. With m-commerce being 2% of that 5.5%.
What should you take away from this article? The next time you see someone waving a smart phone and saying $Blahblah "mobile", look for the specific dollar amount breakdowns attributed to smart phones and other devices by region.
Bet you won't see any.
/*
"In 2011, PayPal's net total payment volume, or TPV, for transactions using mobile devices reached $4 billion"
eBay INC Form 10-K, 31 January 2012
http://www.frbatlanta.org/documents/rprf/rprf_pubs/110325_wp.pdf
"U.S. financial institutions have not offered mobile financial payments because of a perceived lack of a good business case, although the growth of mobile banking implementations and recent mobile payment trials signal this may be changing."
Federal Reserve Bank of Boston, Federal Reserve Bank of Atlanta, 25 March 2011
/*
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Posted on 14 April 2012 at 12:45 in Amazon, Business, Commentary, eBay, EventHorizon1984, PayPal, Web/Tech | Permalink | Comments (1) | TrackBack (0)
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