Dionette Cherney: DA Has Yet to File Charges Against Cyclist Who Killed Tourist

​On July 15, Dionette Cherney was walking across Mission Street at the Embarcadero when a cyclist blew through a red light and knocked her to the ground. The Washington, D.C. resident, who was visiting San Francisco with her husband, died a month later when her husband removed her from life support.

It's been nearly two months since the accident, and the cyclist, who was only identified as a Bay Area man, has not been arrested, nor has he been charged with any crime. Police say they presented a strong case to the DA "a while ago," saying he could face the same charges as a motorist that ran a red light and killed someone. And recent polling data shows majority of San Franciscans believe the cyclist should be prosecuted.

So why hasn't the cyclist answered to charges yet?

Seth Steward, spokesman for the DA's Office, tells us that prosecutors are still waiting on pertinent information from the medical examiner which could make or break whether they decide to charge the man. "Once we get all the information, we will review it and go from there," Steward said.

In the wake of Cherney's death, as well as other recent bike accidents, the online debate started: Why aren't negligent cyclists cited and held accountable more often? Police Officer Albie Esparza told us last month that cops certainly aren't racing to pull over speeding cyclists who run red lights. But given the recent spike in bike accidents around the city, police recently stepped up enforcement, citing law-breaking cyclists around the Market and Van Ness corridor.  

This is not only wise for safety reasons, but it's also appealing to popular opinion that cyclists should have more heavy-handed enforcement. According to SCN Strategies, a local consulting firm, 82 percent of voters think, in the aftermath of this tragedy, police should do a better job of ticketing cyclists who do not follow the rules of the road. At the same time, 55 percent said nobody should be required to get a license to ride a bike around town. Those surveyed, both cyclists and non-cyclists, said bikers should wear helmets and have more lights attached to their bicycles.

The poll also showed that 75 percent of voters in the city think the cyclist who killed Cherney should face criminal charges, compared to only 9 percent who oppose prosecution. Of those polled, 53 percent were self-described bikers, and within that group, 76 percent favored prosecution.

Cheryl Brinkman, a member of the city's Municipal Transportation Authority Board and a longtime cyclist, told SF Weekly that part of the problem is that there are greater repercussions for drivers who break traffic laws than for cyclists. A driver will see their insurance rates increase or get points on their driving record, but a cyclist, at most, will have to pay a fine. She said that she's proposing the city create a diversion program specifically for cyclists, that forces law-breakers to attend community courts.

"We cyclists tend to forget -- we look at ourselves compared to a car and a driver and think 'we total 150 pounds and a car is 500 pounds,' but boy you hit someone right with 150 pounds -- that can be enough," Brinkman said. "We need to get cyclists' attention and remind them they are doing things that are dangerous."
 
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