Thursday 23 May 2013

Prosecutors charge motorist with negligence in death of cyclist

cycling

 A Kenosha teenager was charged Monday morning with negligent homicide a bicyclist was struck early Sunday morning on County Highway H in the Village of Pleasant Prairie.

Friends reported the victim, Devin Kunich, 22, was biking home from his job at the Bristol Renaissance Fair when he was hit about 12:30 a.m. He is the fifth cyclist struck and killed by a motor vehicle in Wisconsin since July 1.

No charges have been filed in the earlier crashes, but prosecutors in Kenosha County moved quickly to issue a felony charge against the driver involved in Kunich's death.

Quashae D. Taylor, 18, faces up to 10 years in prison and a fine of $25,000, if convicted.

According to the criminal complaint:

Taylor said she was driving home after visiting her brother in Illinois after midnight Sunday. She said that she could not see very well because of the fog and was driving about 35 mph.

Taylor said she closed her eyes for a second, which she described as a “long blink,” when she heard something hit her car and her roof. Taylor said she opened her eyes and saw that her windshield was smashed in. She began to brake, thinking she hit a deer but could not see anything. She continued to drive north on County Highway H until she reached its intersection with Wisconsin Highway 165 and called for help.

According to Taylor’s cellphone call log, she received three calls from her boyfriend. The last call came at 12:45 a.m. Taylor said she remembered someone saying “Hello” at the same time she closed her eyes.

A separate report came in about a body found on County Highway H. The body was identified as Devin J. Kunich, who was dead. A heavily damaged bike was found nearby, and had three white reflectors in the front wheel spokes and two yellow reflectors on each pedal. No other lights or reflectors were found.

An officer also found a backpack, a pair of shoes, a bicycle seat, a pair of boots, a 35 mile-per-hour speed limit sign and an MP3 player with headphones.

It appears that Kunich was riding his bicycle north when he was struck from behind by the vehicle. The area of the accident does not have streetlights.

Taylor also said she is legally blind in her left eye and suffers from cerebral palsy. She was not wearing eyeglasses or contact lenses, although she is supposed to for driving. Taylor said she lost her glasses. Taylor said she did not have anything to drink nor did she take any drugs except for Ibuprofen.

She submitted to blood-alcohol tests and the results have not been released.

64 Comments for "Prosecutors charge motorist with negligence in death of cyclist"

  1. Thanks for the update.
    Commenters will likely post unrelated facts about how they saw a cyclist
    run a stop sign the other day, and question whether or not the victim
    was listening to headphones.

    Sadly, he does not have a chance to defend himself.

    The driver was provably and admittedly negligent in multiple ways that
    were a factor in this death. Thanks to Kenosha County for moving swiftly
    on this and taking it seriously.

    Worst-case, 10 years, the driver has plenty of life ahead of her. Not
    saying we need absolute vengeance and the maximum. After multiple
    mistakes, she stopped when she could have driven away. Let us see
    more facts of the case and how the victim's family feels. Condolences to
    all of them.

    madcoca Aug 08, 2011 1:10 PM

  2. Bicyclists are entitled to ride on the road, but there are very inherent dangers in riding a bike at 12:30 in the morning, regardless of the # of reflectors. You deal w/ the darkness, weather, fatigued individuals, drunk individuals, and fatigued & drunk individuals.

    Either way, much negligence by the driver...not wearing her glasses/contacts when you need them for driving is just unacceptable & aggravating.

    sncalum12 Aug 08, 2011 1:17 PM

  3. Wrong verdict... Lemme guess dark clothes and no lights on the bike...
    and at 12:30am in the morning...

    BVModerate Aug 08, 2011 1:20 PM

  4. I share the frustration with the earlier posters. The young motorist's
    judgement was not very good.

    However, there is a big difference with this incident and the others that
    have happened recently. The District Attorney is stepping up to the plate
    and taking action. By doing this quickly they are sending a message to
    motorists. Too often in these cases the DA will defer filing and as a result
    the charges get removed from the incident. The public does not connect
    the dots because of the time lapse between the accident and the
    charges.

    Hat's off to the DA in this case for acting quickly. If additional evidence
    comes to light that exonerates the driver or mitigates the circumstances
    they can amend or withdraw the charges. But the important thing is that
    they have established a cause and effect relationship about what
    happens when a motorists hits and kills someone.

    I offer condolences to Mr. Kunich's family.

    Perhaps this incident can serve as a warning to other motorists who have
    medical conditions that can impact their driving abilities.

    And for all cyclists, this should serve as a reminder that we each need to
    make sure that we do everything we can to be visible to motorists. If you
    ride at night wear a reflective vest and make sure you have lights on your
    bike.

    BDWIRunner Aug 08, 2011 1:26 PM

  5. If sex with a minor is deserving of a 25 year mandatory minimum in WI, killing a cyclist should be worth at least as much.

    AtomicIsBack Aug 08, 2011 1:43 PM

  6. Motorists routinely swerve to avoid critters like squirrels and raccoons in the middle of the road, and those animals are not wearing reflectors and highway safety vests. You can disagree with the idea of swerving to avoid the animals, but you can't deny that people do it because they are looking and because they are capable of driving a car.

    If drivers do not pay attention, they kill people. This time, it happened to be a cyclist, but it could have been a driver on the other side of the road. The car doesn't care who you kill, so it's up to the motorist to make sure it does not happen.

    If you are not looking and/or cannot drive properly, then you'll be criminally negligent when you hurt someone, no matter what that other person is doing.

    Walktime Aug 08, 2011 1:50 PM

  7. They should test the blood of the bicyclist, he was probably intoxicated after leaving his job at 12:30, or maybe he was munching on a Turkey leg, who knows, it might be his fault, I think a little further investigation is needed on this bicyclist. The District Attorney should never rush to charge a motorist who hits a bicyclist, 9 times outta 10, it's the person on the bicycle's fault, they are either swerving around, impeding traffic, not following traffic laws, not having proper lighting, riding on Highways, wearing dark clothes, or listening to their iPods!

    I hate Bikes Aug 08, 2011 2:07 PM

  8. "According to Taylor’s cellphone call log, she received three calls from her boyfriend. The last call came at 12:45 a.m. Taylor said she remembered someone saying “Hello” at the same time she closed her eyes."

    So let's get this straight...blind with c/p and handicapped even more by a phone stuck to her head. The latter is the real reason this happened. Zero doubt about it. When are law makers going to protect people like bicyclists and motorcyclists by making hand held devices illegal to use while driving a vehicle??

    52isntbigenough Aug 08, 2011 2:14 PM

  9. For the MORONS trying to blame Devin, The driver was non-compliant with the law, blind in one eye and not wearing mandatory corrective lenses. That is all that is needed to set the fact that she MURDERED this young man, about to turn 22, and enter the Kenosha Police Academy, Now that you know something ELSE about him, do you still feel compelled to make ignorant comments? As for her speed, What about the fact that Dev, flew over 200 feet when hit... Not indicative of a 35 mile an hour collision, it indicates a highspeed impact. At 35 miles an hour he would have had a chance to survive. So, you may ask, did I know him? Yes, I did, Had he stopped at "sanctuary" to decompress after the faire, he would have had his bike in the trunk of my wife's car and a comfortable and entertaining ride home, being playfully harrassed by my daughter, who is also a rennie, and her younger sister. I pray for Devin, his family, and that this driver gets the maximum sentence, so that it gets picked up by all the media and sends a glaring message to all the nation, NOT IN WISCONSIN! We won't tolerate it any more!

    dragon Aug 08, 2011 2:15 PM

  10. 10 years? An armed bank robber gets less than that.

    jeff1968 Aug 08, 2011 3:04 PM

  11. I got DragonBreath today, must have been from that Turkey Leg I ate last night at the Faire. It's too bad somebody didn't give him a ride home from work, being as how it was 12:30am and foggy out. I know if I was riding my bicycle late at night, I would at least have a light on my bike just like cars are required to. Another thing that people operating motor vehicles aren't allowed to do is wear head phones, it's illegal. Impeding traffic is also illegal for a motor vehicle, I don't know why bicycles aren't subject to the same rules, I think it's time that police start ticketing bicyclists more often, maybe then they will follow traffic laws.

    I hate Bikes Aug 08, 2011 3:05 PM

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