![\"\"](\"https:\/\/blogs.northcountrypublicradio.org\/inbox\/files\/2012\/08\/sheppardmemorialjpg.jpg\" "\\"sheppardmemorialjpg\\"")
<\/a>A makeshift memorial marked the Bloor Street location where Sheppard was mortally injured. Photo: Madchester via Wikipedia, CC some rights reserved.<\/p><\/div>\n
Almost three years ago in Toronto, on August 31st 2009, cyclist Darcy Sheppard died of injuries suffered in a dramatic encounter with a car driven by Michael Bryant. (Though he was simply riding his bike at the time of the accident, Sheppard had also been a bicycle courier.)<\/p>\n
The incident generated widespread news coverage and stirred strong feelings in cycling communities, where car-verses-bike encounters are a constant concern.<\/p>\n
At the time of the accident, Michael Bryant was a Harvard-trained lawyer with political prominence – “a rising star” in journalistic shorthand. He was also a former attorney general for Ontario. In spite of that elevated status (because of that status?) Bryant was quickly – very quickly – arrested and charged with criminal negligence causing death and dangerous driving causing death.<\/p>\n
Looking back, it does appear that assumptions were made. Assumptions about road rage, assumptions about guilt.<\/p>\n
By May of 2010, Richard Peck, a prosecutor imported from British Columbia for that case, concluded there was “no reasonable prospect of conviction” and the charges were dropped.<\/p>\n
That still allows for assumptions. Some might assume a powerful person got a break, or that guilt existed which simply couldn’t be proven. After all, the case never went to court and Darcy Sheppard is not around to present his side of the story. CBC<\/a> quoted Misty Bailey, the dead cyclist’s girlfriend as having this reaction:<\/p>\n “The message I’m getting is we deserve to die for riding a bike,” she said. “There’s no repercussions.”<\/p><\/blockquote>\n But this case doesn’t look that simple. According to CBC:<\/p>\n The cyclist’s blood-alcohol concentration at the time of his death was measured at 0.183, more than twice the legal limit, court was told.<\/p>\n “Mr. Sheppard struggled with alcohol, drug use and psychiatric issues,” said Peck, who added that he was trying to outline the facts in the case and not trying to “demonize” Sheppard.<\/p>\n Peck detailed six previous altercations \u2014 including one that happened the same day as the incident with Bryant \u2014 involving Sheppard and motorists who called police after seeing Sheppard’s photo, which Peck said indicated “a pattern of escalating behaviour with motorists leading to the fateful incident.”<\/p>\n In one case, Sheppard smashed a car mirror, and in another he reached into a BMW trying to snatch keys, Peck told the court.<\/p><\/blockquote>\n Quoted by CBC outside the courtroom, here’s how Peck summarized the situation:<\/p>\n “Our conclusion is that Mr. Bryant had been attacked by a man who unfortunately was in a rage. In such circumstances, he was legally justified in attempting to get away. The case could not be proved.”<\/p><\/blockquote>\n Michael Bryant has since written a book about the experience.<\/p>\n