Drugged-Out Driver Kills Bicycle owner with Impunity!

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Cyclist crash



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On August 23, 2020, at roughly 8:40pm, 17-year previous Obianuju Osuegbu was on her method house from her summer time job working at a grocery retailer. She had earned sufficient cash that summer time to purchase herself a brand new ebike that she was very proud to have. “Uju”, as her mom Pauline and the remainder of her household known as her, was a few quarter mile from house when a automobile pushed by Chrissy Rawlins of Winder, Georgia, bumped into her from behind and killed Miss Osuegbu.   Miss Osuegbu was hit from behind when she was about 50 ft away from making the left flip that will have taken her house.   

Cyclist crash

Uju and her mother, Pauline

 

Driver Visibly Impaired

Ms. Rawlins was visibly impaired on the scene of the crash and was arrested on the spot, charged with each DUI in addition to endangering the lives of her two minor kids that have been within the again seat of her automotive. Blood was drawn and toxicology outcomes later revealed that she had a mix of medication in her physique on the time of the crash together with Methamphetamine and Valium, amongst others.  

 

Police Report Flawed

But what began out as yet one more tragedy involving the dying of a bicyclist has grow to be a lot worse within the aftermath of Obianuju’s dying.   The investigative report ready by the Specialised Collision Reconstruction Workforce (SCRT) of the Georgia State Patrol (GSP) was riddled with blatant errors and misstatements of regulation compounded by each the misapplication of the information in addition to the absence of many important information.   The GSP blamed the bicyclist for inflicting the crash that killed her, fully excusing Ms. Rawlins’ conduct.   It’s laborious to say what the worst a part of the report is, as a result of it’s grossly mistaken in its conclusions, however we are going to try to put out a couple of of the terrible examples.

 

Misstatements and Misapplication of Georgia Legislation

The Police obtained the regulation mistaken on each necessary level.

 

1) Crimson Reflector

The GSP report famous that Miss Osuegbu’s bicycle “did not appear to have any functional taillights” despite the fact that it had a purple rear reflector, and goes on to record that as one of many contributing components in making her at fault.  But Georgia regulation (OCGA 40-6-296(a)) states that “Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle.”  So the bicycle was in compliance with the regulation requiring a purple rear reflector, but the GSP Trooper used the shortage of a rear dealing with purple gentle as one of many justifications for faulting Miss Osuegbu for inflicting her personal dying.  

 

2) Taking the Lane   

The GSP report said that one other consider putting the blame on Miss Osuegbu was “due to the fact Ms. Osuegbu violated state law by not riding her bicycle as close to the white line as possible…”  But that's not the regulation in Georgia.   OCGA 40-6-294(b) says in related half “Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when (a) Turning left.”  Using the phrase “Practicable” implies that it’s as much as the bicyclist to find out the place they select to trip inside the lane.  In different phrases, the bicyclist might take the lane.   But the officer imposed a regular on Miss Osuegbu that doesn’t exist within the regulation.   

To make issues worse, the SCRT report ready by GSP was finalized near 4 months after the crash, but the GSP officer says “It is unclear where exactly Ms. Osuegbu was traveling from or where she was traveling to when this collision occurred.”   How was it unclear?   Pauline Osuegbu, Obianuju’s mom, instructed investigators the night time of the crash that her daughter had been at work on the native grocery retailer and was headed house.   Why did they depart that truth out of the report?   Maybe as a result of if the report contained that element, then they'd needed to have acknowledged that this crash occurred solely 50 ft from the place Obianuju was making her left flip to go house.  50 ft away.   After all she wasn’t pressed to the far proper aspect of the roadway.

 

3) Driving Too Quick For Situations

The GSP officer famous that “There is a slight grade at the intersection of Georgia 11 and Pendergrass Road where the collision occurred”  and concluded that “due to the limited sight distance with the grade of the highway and lack of reflective clothing or lights on the bicycle, the collision could not have been avoided.”  (In the meanwhile, we are going to ignore the truth that Georgia regulation doesn't require a bicyclist to put on reflective clothes, so as soon as once more, the Trooper is imposing a regular on on Miss Osuegbu that doesn’t exist within the regulation.) 

However Georgia regulation NEVER excuses a driver from having the ability to see the highway forward of them and to drive their automobile at an inexpensive pace for the circumstances. The related statute, OCGA 40-6-180, even anticipates the precise situation of this case the place is says “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed…when approaching and traversing a hill crest.”  But, shockingly, the GSP Trooper used the grade of the highway as an excuse for blaming the bike owner for inflicting her personal dying as a substitute of the driving force that did not drive her automobile at a pace that was secure for the circumstances.

Then once more, we don’t know the pace of Ms. Rawlins automobile as a result of the SCRT group officer, educated within the science of accident reconstruction, did NOTHING to find out how briskly Ms. Rawlins was driving, nor to find out the pace at which Miss Osuegbu was going when she was hit.  The images of the automobile make it clear that the crash was at excessive pace, however the Trooper didn't do any evaluation of pace.   

Ghost BikeGhost Bike

Her Ghost Bike is a poignant memorial.

 

Failure to Correctly Examine   

The Impression of Meth and Valium.  Chrissy Rawlins was visibly intoxicated on the scene.  She admitted to having taken some medicine.   She was charged with DUI and her blood was drawn and despatched to the GBI for testing.   All of this was identified to the GSP Officer that ready the SCRT report.   

Regardless of his information the Ms. Rawlins blood had been despatched to a lab for testing, the officer wrote in his report that “At the time of completion of this report, the toxicology report for Ms. Rawlins was still pending.”   So perceive this:  The SCRT Workforce officer from the GSP, the very best educated regulation enforcement officers within the State of Georgia, concluded that Ms. Rawlins solely had a “short reaction time when she first observed Ms. Osuegbu” and that “ Ms. Rawlins striking Ms. Osuegbu was an unavoidable collision.”

YET HE NEVER CONSIDERED THE EFFECTS OF THE DRUGS IN CHRISSY RAWLINS SYSTEM BEFORE REACHING HIS FAULTY CONCLUSION. 

The officer’s opinion is that Ms. Rawlins didn't have adequate time to understand or react to Miss Osuegbu, but by no means thought-about the identified impression that medicine have on an individual’s notion and response talents.   

Past that, there have been many different flaws within the investigation.   For instance, the report repeatedly mentions that the darkness was an element that helped to excuse Ms. Rawlins from being at fault.  However was it really darkish out?    Sundown in Georgia on August 23 is at 8:15pm.   This crash occurred at roughly 8:40pm.  There nonetheless would have been a good quantity of night nightfall lighting that will have made Miss Osuegbu seen.   

First the report states that it's unknown what clothes Miss Osuegbu was sporting, then it goes on responsible her for failure to put on reflective clothes.   Once more, there's nothing in Georgia regulation that dictates the clothes to be worn by somebody on a bicycle.  

As talked about above, Miss Osuegbu was making a left flip.  Had the officer made the slightest effort to study what she had been doing that night time, he would have identified that.  It solely issues within the context of then having the officer use a false authorized commonplace responsible Miss Osuegbu for not being as far to the proper of the roadway as attainable.

 

What now?  A Name To Motion

What may be executed now?   The Barrow County District Legal professional has refused to do something with this case based mostly on the SCRT report.   Why?   The DA has the authority to do their very own investigation.   They've 20 folks working there and a finances of over $1,000,000, don’t the residents of Barrow County deserve a correct investigation within the actions of a DUI driver that killed somebody whereas driving on Meth?   

We're calling on Barrow County District Legal professional Brad Smith to prosecute Chrissy Rawlins for Felony Vehicular Murder.   DA Smith ought to demand that the State Patrol retract the faults SCRT report and have a brand new, unbiased investigation executed, whether or not by GSP, GBI or an unbiased accident reconstructionist.   The DA ought to demand to have a toxicology knowledgeable concern an opinion of the impact of the medicine in Ms. Rawlins’ system on her notion and response instances.   

Solicitor Kyle Sharry and his workplace have been very sympathetic and useful to the Osuegbu household, however they solely prosecute misdemeanor instances which supply minimal punishment for Ms. Rawlins’ heinous actions.  

Fairly merely, we're calling on DA Brad Smith to do the job that he was elected to do.   When you care to take action, it's also possible to encourage the Barrow District Legal professional to pursue Felony Vehicular Murder fees in opposition to Chrissy Rawlins.

 

Brad Smith 

Barrow County District Legal professional

770-307-3040

[email protected]

[email protected]

Barrow County Courthouse

652 Barrow Park Drive, Suite A

Winder, GA 30680

 

cycling deathcycling death

Demand Justice for Uju!

  



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