No Indictment For Dana McCoomb, The Truck Driver Who Killed Cyclist Alex Motsenigos Last Year

Written by Boston Biker on Feb 04

Despite having clearly run down and killed Alex, and having the local police reccomend a whole series of charges, the grand jury has failed to indict Dana McCoomb after he killed Alex Motsenigos last year.

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The grand jury is in on last August’s fatal crash on Weston Road, and police are closing the case.

A statement from the Wellesley Police Department indicates that the case is now closed, and there are no further options to pursue criminal charges against the driver after the grand jury elected not to indict.

Police say they have spent three months investigating the crash, including a systematic reconstruction with trucking experts. Wellesley and State police, as well as the District Attorney’s office believed there was probably cause to seek charges against the driver of the 18-wheeler.

A press release from the police department indicates police and the DA had brought forth charges motor vehicle homicide, precautions for the safety of other drivers, and unsafe passing of a bicycle. Over the course of several days of testimony and reports of witnesses, however, the grand jury elected not to indict.(via)

This guy ran down Alex, killed him, and DIDN’T STOP. The police suggested charges, and yet this grand jury still failed to indict him on any charges. What the fuck…the family has filed wrongful death charges against the driver.

 

Alexander Motsenigos, 41, of Wellesley was riding his bike on Weston Road August 24 when he was hit by an 18-wheel semi-tractor trailer dump truck. The truck did not stop and Motsenigos later died.

Police found the driver, 51-year-old Dana McCoomb, of East Wareham, two days later.

Wellesley police announced Monday that a Norfolk County Grand Jury refused to indict him.

 No Charges For Driver In Fatal Wellesley Bike Crash

Alex Motsenigos (Family photo)

According to the police report, McCoomb was driving the truck for his company at the time of the crash.  He told investigators he didn’t believe he had struck Motsenigos with his truck.

The family announced Monday afternoon that they have filed a civil wrongful death lawsuit against McCoomb and his employer.

“Based on the evidence gathered by police, if the truck driver had even used basic care in operating the truck that struck Alex down, the accident would have been avoided and Alex would be alive today,” Motsenigos’s family said in a statement.(via)

This is an outrage, how blatant do you have to be in killing someone before you are held accountable? Perhaps if Dana McCoomb would have shot Alex we would be seeing justice. I fail to see the difference between killing someone with a big piece of metal (a truck), or a small one(a bullet). Alex is still dead, and this is still a tragedy.

More here, and here.


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21 Responses to “No Indictment For Dana McCoomb, The Truck Driver Who Killed Cyclist Alex Motsenigos Last Year”

  1. By Tom on Feb 4, 2013 | Reply

    I’m 71,male, lifelong recreational bicyclist. WTF none are safe if there are zero consequences for motorists who run us over.
    The grand jury who chose not to prosecute HAVE to be ignorant MF’s.
    Yeah I am so f….ng angry that this happens and continues again and again…

  2. By jay on Feb 4, 2013 | Reply

    So, who’s organizing the mass ride to clog the streets of Wellesley during rush hour and where do I sign up?

  3. By Angry Dan on Feb 4, 2013 | Reply

    Massachusetts Criminal Procedure Rule 5: The Grand Jury…

    … (e) Finding and Return of Indictment. An indictment may be found only upon the concurrence of twelve or more jurors…

    So you’d need at least a dozen cyclists or sympathizers on the grand jury for an indictment. Unlikely to happen in the city, let alone in a suburb. I honestly feel safer in heavy city traffic.

  4. By Angry Dan on Feb 4, 2013 | Reply

    Guy had a pretty bad driving record too, with suspensions and accidents, but that was not admissible as evidence for the grand jury.

  5. By billyx on Feb 4, 2013 | Reply

    19 license suspensions in the past 30 or so years for the conscience-free Dana McCoomb of East Wareham.

    the grand jury has blood on their hands.

    as does McCoomb’s employer at the time of the crime, C.J. Mabardy, Inc. of Cambridge.

  6. By DKB on Feb 5, 2013 | Reply

    Why couldn’t the grand jury consider the driver’s bad record? I see no reason why a witness to the driver’s record could not have been summoned before the grand jury. The truck driver and his lawyer have no right to be present. There’s no judge to rule on anything. I think grand juries routinely consider information that would not be admissible in evidence at a trial.

  7. By Charlie on Feb 5, 2013 | Reply

    Well now we know, if you ever want to kill someone, just be sure to use a motor vehicle. You can just claim it was an “accident”. “Oops, my bad!” Seriously, though, I would never trust a jury of my peers to judge a case where I bicycling and got injured or killed. Most people have such a windshield perspective and think that bicyclists are reckless or “asking for trouble” even when they are fully obeying the law. And most people drive and could easily imagine themselves making a mistake while driving that injures or kills someone. And of course they wouldn’t want to be punished for that if it happened to them. So why would they punish someone else?

  8. By Justin on Feb 5, 2013 | Reply

    Actually you are allowed to shoot someone if they are on a bike. Remember the Asheville firefighter? Only got 120 days for shooting at a biker’s head, point-blank and from behind. Not surprisingly, a grand jury had a role in getting the charges reduced.

  9. By Kate on Feb 5, 2013 | Reply

    What a sad day for the family. My heart goes out to them. And a reminder for us as well that we must be hyper vigilant of the vehicles around us since they have no incentive to be careful about us.

  10. By Christine on Feb 5, 2013 | Reply

    My heart is breaking. The Wellesley police are not pleased about this. I commend their work.

  11. By Alan (Uncle Robot) on Feb 5, 2013 | Reply

    My letter to the Boston Globe:

    Dear Editor,

    Something is terribly wrong with the Grand Jury decision to not indict the truck driver in the death of Alex Motsenigos. I rode my bicycle to the site of the accident the day after it occurred and it was easy to see how the truck could have dragged him under – it is a narrow and dangerous intersection. The video picture of the truck overtaking the cyclist, as seen on WCBV television, clearly sets up the events that followed. It leaves one wondering what criminal efforts were undertaken to conceal or erase evidence of the driver’s culpability. And this incident is not alone – another truck driver ran over and killed a young cyclist on Commonwealth Avenue several months later. We need more vigorous efforts on part of law and traffic authorities to not only prevent future occurrences, but to prosecute those responsible.

  12. By Charlie on Feb 6, 2013 | Reply

    The police reports shed a lot of light onto what happened during the crash and alludes to what the jury may have been thinking. Basically the road was initially wide enough to share side by side but soon narrowed. At that point the truck driver would have to cross the center line to give enough room to the cyclist (who was now directly next to him as the truck driver was trying to pass him), but there were cars in the opposing lane so the truck driver had no where to go. Instead he squeezed out the cyclist, who collided with the back wheel of the trailer. Also, the cyclist had run a red light continuing along the road just before the truck had turned left onto the road from a cross street on a green arrow. The truck driver saw the bicyclist but certainly could not have been happy that he had just run a red light. I’m guessing he was very anxious to pass the cyclist quickly at that point. I’m also guessing the fact that the cyclist ran a red light played a lot into the jury’s decision. You can read the police report here. It’s very interesting: http://ht.ly/hqh89

  13. By Oisin on Feb 6, 2013 | Reply

    If the grand jury took into account the alleged running of a red light, then it seems illogical that the drivers ACTUAL driving record would not be relevant. It’s really frightening that someone with such a poor record was granted a license to drive such a vehicle, hired to drive such a vehicle and provided insurance coverage to do so.

  14. By brad on Feb 6, 2013 | Reply

    The report is very interesting especially around page 20 when the officer’s show up at midnight to conduct their interrogation of truck driver. The transcript of the what transpired appears that some lines of questioning are occasionally deleted.

    Several weeks ago there was an open discussion by Metropolitan Area Planning Commission in Boston, titled, “Slow Down! Speed reduction strategies for vibrant communities”

    Traffic planners are convinced that speed reduction will decrease crashes and fatalities by 50%. Road narrowing is one of the strategies to get compliance, because signage and traffic enforcement are not as effective.

    My take away message is that both truck driver and cyclist did not respond effectively to the road narrowing.

    It is imperative that motorists and cyclist need to recognize and adapt to these manufactured conflicts with mutual respect.

    Traffic planners will continue to try and reduce fatalities thru planning and facilities design but narrowing roads and the resulting conflicts warrants more community education, better roadway signage and proper follow thru in enforcement of the law.

  15. By JKS on Feb 6, 2013 | Reply

    Dana Mccoomb of East Wareham, MA was hired by CJ Mabardy, 50 Mooney St Cambridge, MA 02138
    (617) 354-1839, inspite of a long long record of driving violations. 8 PAGES!!!! How is that even possible???

  16. By Angry Dan on Feb 6, 2013 | Reply

    @Charlie: You should read the report again. The only mention of a cyclist running a red light was made by McCoomb who also claimed he did not collide with the cyclist. I am VERY skeptical of his version of events at this point.

    There was NO evidence of or witness to a red light being run. So it is ridiculous for you to assert it is a fact.

    There was PLENTY of evidence of McCoomb causing the collision. He just wasn’t willing to take his foot off the gas long enough to clear the traffic stopped in the opposite lane. If he let up for a few seconds he could have passed safely.

  17. By Charlie on Feb 8, 2013 | Reply

    Good point Dan. When I looked at the Google Maps view of that intersection, there are no signals at all. And since my original post I have seen the video from that intersection of the truck driver turning and tailgating the bicyclist within mere feet. At this point, I’m pretty convinced that the cyclist did nothing wrong.

  18. By DMMD on Feb 15, 2013 | Reply

    Great article on cover of Boston Globe today: http://www.boston.com/news/local/massachusetts/2013/02/15/cyclists-react-with-anger-after-grand-jury-returns-indictment-wellesley-bike-crash-case/NbaHbWRHk7fpez15fKGZhI/story.html

  19. By Erik on Feb 15, 2013 | Reply

    DMMD: comments are classic.

  20. By carol on Mar 3, 2013 | Reply

    why do you think the Wellesley police dropped the charges against him found no evidence he didn’t hit him

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