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Michael Bryant, Darcy Allan Sheppard, and the “Twenty-Eight Seconds That Changed Everything” and Nothing

20100525extraextra.jpg
Just a few of the hundreds of cyclists who took to downtown streets last September in an impromptu memorial for Darcy Allan Sheppard. Photo by Andrew Louis/Torontoist.


“If we can establish that a car is being used for the unlawful purpose of street racing,” read the news of June 21, 2007, “we will seize it and you will never see it again. We will crush your car; we will crush the parts.”
The quotation’s source was commenting on the death of David Virgoe, a truck driver killed by street-racing youths on the 400 that summer. “He was a total good guy,” said his brother to the Star, adding, “That’s who it always happens to.” Virgoe’s evasive driving, the OPP concluded, likely saved the lives of others. Struggling with his northbound tanker while avoiding southbound traffic, cut off by the madly careening racers, Virgoe slammed into the centre guardrail before finally losing control, plunging down an embankment.
The grandfather of five died a hero.


Virgoe’s death, with others, brought the issue of street racing into sharp relief, sparking a law enforcement maelstrom intended to curb the use of automobiles as multi-tonne joyriding bullets. We were inundated overnight with news about which driver was apprehended where and at what speed. We were soberly reminded that our streets, for reasons of negligence as much as youthful recklessness, can be deadly shooting galleries. That aforementioned quotation was repeated across a spectrum of media: “We will crush your car,” read headlines and abstracts, “We will crush the parts.”
The cowboy resolve behind those words was that of Michael Bryant, then–Attorney General and a rising star of Ontario’s legislature, the embodiment of a government apparently fed up with the whole issue, all but promising that the gloves had come off with respect to dangerous driving of any kind.
Two years later, Bryant found himself on the wrong side of his own policies: handcuffed in the back of a police cruiser in Yorkville, apprehended for the August 31, 2009 death of Darcy Allan Sheppard, a thirty-three-year-old bicycle courier. The details of the incident, familiar if not lucid to most Torontonians, were the subject of immediate controversy. Some claim that Bryant was attacked by Sheppard, the courier clawing at the steering wheel as Bryant desperately tried to shake him off. Others attest that Bryant’s westbound Saab appeared to deliberately target mailboxes and trees on the east side of Bloor, a wild, cross-lane manoeuver meant to knock the clinging courier from the driver’s side door.
Police pored over forensic evidence and surveillance tapes to see which outcome was the real one. Bryant stared stone-faced into the lenses of the national media, his legal experience serving him well. Sheppard, meanwhile, who fell at high speed following whatever altercation took place, died from his injuries.
To some, Sheppard died a hero, like Virgoe; to others, not so much.
Sheppard, born into poverty in Alberta, later a troubled would-be comic with a history of alcoholism and substance abuse, was the posthumous target of widespread scrutiny for his lifestyle and whether or not it contributed to his death. Already fractured along divisions like those between cyclists and motorists, the city’s response was evenly split between those who lionized Sheppard and those who vilified him. Cyclists occupied the intersection of Bloor and Avenue in mourning and protest, a jangling cacophony rising from their bells as they called for justice and recognition as equal stewards of the road. Others took his drug use and drinking as evidence that Darcy Allan Sheppard, in contrast with the sparkling, buttoned-down success of Michael Bryant, suffered only the inevitable. Like anyone caught in the path of a moving vehicle, they suggested, Sheppard—an icon, for better or worse—didn’t stand a chance.
A man on the perceived fringes of society in conflict with its upper echelons, a class war epitomized. Cars on one side, bikes on the other, and never the twain shall meet. And when they do, critics noted, the supposedly even meter of justice will invariably tilt in favour of the heavier, costlier, dirtier machines with four wheels.
With one of their own lost, it’s hard to blame cyclists for feeling this way, seeing conspiracy in everything. After all, cyclists, fully exposed to the elements and the impact of every vehicle—in ideally figurative terms—become convenient whipping posts for motorists, many of whom attribute their own angst to the pesky, obstructive presence of bikes on their roads. Some motorists point fingers at cyclists for sailing through stop signs, or for having a similarly cavalier attitude toward the rules drivers follow, despite their incomparable physics. A dangerously reactionary attitude engendered in both parties results, with cyclists accusing motorists of a cavalier attitude for the former’s lives.
It’s a circuitous Cold War of the streets, and with the consequent altercations that happen every day on the checkerboard gridwork of T.O., most going unreported to either police or the media, the likelihood of another Bryant–Sheppard incident grows.
“Our conclusion is that Mr. Bryant had been attacked by a man who unfortunately was in a rage,” said Richard Peck, a B.C. prosecutor brought to handle the case. “In such circumstances,” he said, alluding to Bryant’s actions, “he was legally justified in attempting to get away. The case could not be proved.” Adding that he wasn’t trying to “demonize” Sheppard by raising the issue of substance abuse, Peck nonetheless indicated that alcohol, drugs, and psychiatric problems lead to six prior altercations, indicating “a pattern of escalating behaviour with motorists leading to the fateful incident.”
Bryant, meanwhile, speaking to press in Toronto on May 25, assured his former constituents that the preceding nine months had not been a “morality play” of rich versus poor, cyclists versus motorists, or anything other than a simple matter of “twenty-eight seconds that changed everything.”
Still, despite the focus on a man whose meteoric rise was evinced in his rhetoric of June 2007, waging all-out war on the use of cars as potential weapons, the political history of Michael Bryant has been entirely lost. Here’s a politician with the terrible evidence of what happens when a car, guided less by a brain than by octane spiked with adrenaline, forces a tractor trailer off an Ontario highway. We’ll never know for sure what went through Bryant’s head for those few seconds at the end of last summer, but with an angry or fearful foot on the accelerator, ignoring or forgetting the obvious difference between a car and a ten-speed, he used his vehicle’s inertia to force a thirty-three-year-old man into the other lane, to the curb, and ultimately, to his death.
To many, Sheppard didn’t die a hero. But the young courier’s death, like that of anyone killed when their thirty-pound bike comes into contact with a two-tonne car, was the result of dangerous driving, propelled by the same recklessness for which Bryant would have seen a hundred Hondas mangled beyond repair. Even in self-defence, as Peck insisted it was, a car used to allegedly fling a human being to the sidewalk is still being used as a brutally disproportionate weapon, and it sets an unacceptably dangerous precedent for every other cyclist in Toronto.
If nothing else, the memory of Darcy Allan Sheppard deserves recognition of that much.

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Comments

  • http://undefined metabaron

    not quite sure what this article is about – it reads like a half-baked poem of sorts. i am not a lawyer and was not involved in the accident (so I will not comment as so many have). please do not generalize – there is no war going on on the streets and this was just an accident that was resolved (or not, depending on who you talk to) in court (where it should have been resolved). Most of us are pedestrians, bike riders and drivers at some point. Just have to learn to share the road and to be considerate of others and also learn that mistakes can (and will) happen, so the best thing to do is keep a cool head.

  • http://undefined rupert

    So your knowledge of the case is presumably greater than that of the police, prosecutor and forensic experts who found that there were no grounds to try Bryant on charges of dangerous driving? Huh.

  • http://undefined rfmcdpei

    As I understood it, it wasn’t an issue of “cyclist versus driver” so much as it was an issue of “man attacking man.” Sheppard died not because he was a cyclist, but because he was a man who–driven by his drinking and drawing on a recent tendency to be aggressive towards car drivers–foolishly attacked a car driver who tried to get away from the man who was in his face.
    Sheppard didn’t have to die, no. He could have chosen to behave rationally and not make a relatively small bump into something much more. Unfortunately he chose otherwise.

  • http://undefined anthill

    As the video evidence shows, it was an issue of “man attacking man using car”. Sheppard was rude: he skipped in line at a red light, stopped in front of Bryant and probably said some rude things. But whatever he said was from 10′ away. Does that count as ‘in someone’s face’ and ‘attacking’ them?
    If so, good news – squeegee kids are now open season. Run em down, it’s legal.

  • http://undefined Green Sulfur

    Bryant can probably take Navigator Ltd. off retainer now.

  • Desmond Cole

    Mr. Bryant’s comments that he received no special treatment should have been left to his lawyers. It seemed bizarre that he, as a former attorney general, would be the one to assure people that investigators did their jobs. He was subject to the investigation – he did not conduct it, so how can he speak objectively about how it was conducted?
    I say this specifically in light of the astonishing fact that police did not give Mr. Bryant a breathalizer when they arrived on the scene. Is that how most people in his situation would expect to be treated? Unless the police were influenced by Mr. Bryant’s status or his personal version of the story, I can’t understand why they wouldn’t give him a breathalizer after he was involved in a car accident that killed someone.
    I also wonder what Mothers Against Drunk Driving would say if the police had allowed Mr. Sheppard, whom they confirmed had been drinking, to drive a car away from his ex-wife’s home after a dispute. If he’d gotten in a car instead of a bike and killed himself or someone else, we’d be wondering how anyone let him drive under the circumstances.
    We should discourage anyone who could be drunk from getting on the road, whether they are operating a bike or a motor vehicle.

  • rek

    Sheppard wasn’t the only one making choices, you know.

  • http://undefined rfmcdpei

    That’s true. He should have been a more careful driver that evening on Bloor.
    Bryant’s driver is a separate issue from the matter of Sheppard’s reaction to the bump. Sheppard’s reaction to Bryant wasn’t at all proportionate–after the bump the threat to him was limited–while Bryant did have good reason to fear for his safety and that of his wife, what with a violent drunken man trying to climb into the car. Getting away was a perfectly normal thing to do.
    It’s sad that Sheppard died. Certainly he had a predisposition towards behaving very aggressively towards drivers and that predisposition cost him his life, but that doesn’t mean he deserved to die. That also doesn’t mean that someone else has to be punished for his death, too.

  • http://undefined rfmcdpei

    And that’s relevant to the first commenter’s point how again … ?

  • mark.

    The first comment here was the first comment I could bring myself to read today. I’m not reading any more.
    This article is great, though. Well done. I hope many take away the final point:
    “Even in self-defence, as Peck insisted it was, a car used to allegedly fling a human being to the sidewalk is still being used as a brutally disproportionate weapon, and it sets an unacceptably dangerous precedent for every other cyclist in Toronto.”

  • http://undefined Skip-trippie

    For the people that don’t understand the justice system let me explain it to you…
    First the defendant needs a story.. In this case Bryant’s car stalled two times and when he started it, it lurched forward , hitting the bicycle. He then tried to drive around the bicycle. At that time the bicycle rider, Darcy Sheppard, attacked Bryant and Bryant did everything he could to protect himself.
    Then you need to make the story sound plausible.So they dug up as much dirt as they could on Darcy. Turning him into a man in a rage attacking cars and their drivers.
    In this case you can see the defence and the Crown were working together to clear Byant.

  • http://undefined Skip-trippie

    Remember Bryant was driving a SAAB. It stalling twice and then lurching forward , far enough, to hit the bicycle and have the rider, Darcy Sheppard, land on top of the hood. That’s far to fanciful to be real.
    What car lurches forward when you start it? The ‘SAAB’ stalled twice and did some crazy forward lurch.. get real..
    Secondly , the Crown went out of its way to drag up as much dirt on Darcy as possible and then present it as a reason not to go forward. Why is the guys past relevent to the Crown?

  • http://undefined fco

    ’95 Saab’s a tough car to stall out at a roll. Twice. Doesn’t look like it to me from the video but I’m sure the crown looked into that (actually).

  • http://undefined Skip-trippie

    Are you for real here bro? The issue is not what MADD might think about something that never happened.

  • http://undefined Skip-trippie

    the issue was never the life of Mr.Sheppard. The issue was with Mr. Bryant and the death that he caused when he drove his car.
    It was never the job of the Crown to prove that MR. Sheppard had drinking problems.
    Lets get it clear from the evidence.. Mr. Bryant hit MR. Sheppard and then tried to drive away. It was after Mr. Bryant hit Mr. Sheppard and then tried to drive away that Mr. Sheppard tried to stop Mr. Bryant.
    If Mr. Sheppard was drunk at the time and over reacted, that’s different story. It is still Mr. Bryants that hit Mr. Sheppard and it was Mr Bryant that tried to drive away.
    It was Mr. Sheppard that tried to stop Mr. Bryant. Not the other way around.

  • http://undefined Skip-trippie

    the war is between the wealthy and the working class. In this case. Mr. Bryant is the wealthy guy and Mr. Sheppard is the working class guy.
    The out come is that the Working class guy was drunk, attacking the Wealthy guy and the Wealthy guy was just protecting himself.

  • http://undefined Marc Lostracco

    Cars with manual transmissions lurch forward if you restart them when they’re in gear and the clutch isn’t down. It’s why stuff like this happens.

  • http://undefined anthill

    Marc, manual transmission cars have ignition interlocks since the 90s. The engine will not turn over without the clutch being pressed down. You’re thinking of 80s american cars. It’s an easy mistake to make, since nobody drives manual cars anymore.
    Bryant’s excuses are pure storytelling. Look at the video – the headlights don’t even dim or flicker.

  • http://undefined Greg Smith

    I also wonder what [MADD] would say if the police had allowed Mr. Sheppard, whom they confirmed had been drinking, to drive a car away from his ex-wife’s home after a dispute. If he’d gotten in a car instead of a bike and killed himself or someone else, we’d be wondering how anyone let him drive under the circumstances. We should discourage anyone who could be drunk from getting on the road, whether they are operating a bike or a motor vehicle.”

    I acknowledge that this is seen as a side-issue, rather than the main issue in the whole affair, but I, too, was disturbed to read in one of the early accounts of the events leading up to the incident that police essentially put an obviously drunk Sheppard back on his bike after the domestic dispute and sent him home.
    Many people are quick to say that Sheppard’s intoxication during the altercation is not relevant (in terms of Bryant’s response), but the fact that it was apparently seen as irrelevant prior to the altercation is a substantial component of how it was able to happen in the first place.
    If police are sending drunk, belligerent people whom they’ve just been called in to deal with home on bicycles (and this is noted in the press without much controversy), I presume they’re not too concerned with cyclists who are “merely” drunk. In fact, you get the sense that drunk cyclists are condoned to a certain extent because they “safer” (i.e. less likely to harm other people) on two wheels than four… and this doesn’t make me feel very safe on the sidewalk or on the road.
    For example:
    http://www.theglobeandmail.com/life/health/should-you-bike-if-youve-been-drinking/article1275035/
    Certainly a drunk motorist is more dangerous than a drunk cyclist. But at some point cyclists are going to have to stop relying on being less-bad than motorists…

  • http://environauts.wordpress.com Jo

    Navigator has earned their fees, and some…
    They should be retained to sub-contract to a social-media focused PR firm that can tidy up the lingering/pestering details about how a late-model SAAB can supposedly stall twice, and lurch forward…all without losing electrical and visibly dimming headlights.
    If this apparent lie about ‘stalling’ were exposed, then perhaps other cards would fall as well…
    Other details that need to be suppressed until they are ignorable is how there was no charge of hit-and-run, fleeing scene of accident, aggravated manslaughter, dangerous driving, and DUI? etc?
    Public Relations has definitely worked hard behind the scenese to quickly provide the Media with a miserable character profile for Sheppard, while painting Bryant as some sort of victim.
    Perhaps we should consider the possibility that PR has become the 21st Century equivalent of the old fashioned Propaganda Machine ?
    SEE: The PR Machine
    Just
    Sayin
    Jo

  • http://undefined Colin

    I’m no fan of Michael Bryant. In fact I’m quite happy his political career is over.
    But he was being assaulting by a drunk with a death wish. I’m glad he got off.
    This should stand as a sad lesson to all those irresponsible cyclists out their who think laws and rules of the road don’t apply to them.

  • http://undefined Marc Lostracco

    I’m not making any judgment on the case, but explaining that manual transmissions (which Bryant’s car has) can easily lurch forward. If the car is newer, in gear, and won’t turn over until the clutch is down, it will certainly bunny-hop forward once the clutch is released—something that seems like a reasonable, if not probable occurrence if someone in a highly frantic, distracting situation is attempting to urgently restart a stalled car and speed away.

  • http://undefined spacejack

    Maybe a bit half-baked, but not nearly as purple as this prose.

  • http://undefined friend68

    When you allege that the police and defence team “turned him into” a man in a rage who attacked cars and their drivers are you alleging that he did not attack Michael Bryant’s car, or any others?

  • http://environauts.wordpress.com Jo

    Interesting that The Star hasn’t enabled online “comments” on any of it’s stories related to this subject.
    Also…We keep hearing about 6 prior incidents…has anybody seen clear references to them?
    Finally…I’m curious to know who the people were who have positively identified the person in those photos on Adelaide as Darcy Sheppard? Any references on that either ?
    Jo

  • http://undefined rfmcdpei

    You’re assuming that a PR company was able to influence a high-profile criminal investigation? Influencing public opinion is a far cry from influencing an insulated police investigation.

  • http://undefined rfmcdpei

    “the issue was never the life of Mr.Sheppard. The issue was with Mr. Bryant and the death that he caused when he drove his car.”
    It was. For a charge of criminal negligence to stick, you need to demonstrate that the driver was, in faqct, being criminally negligent, failing to obey then laws of the road and not taking note of other drivers. Had the story as it originally came out been true–that Sheppard was rammed by Bryant, perhaps drunk, and dragged down Bloor Street West at high speed–then the charge would have stuck.
    As it happened, a Sheppard who had a long history of being violent towards cars and their drivers, and who was so drunk as to be pretty violent and having encountered the police on one occasion, cut in front of Bryant, minor bumpage ensued, and then Sheppard attacked Bryant. It’s worth noting, BTW, that Sheppard wasn’t acting in self-defense–there was no threat to his life at the time–and that Sheppard’s reaction was wildly disproportionate. The latter man, understandably trying to get away from someone attacking him and his wife and taken aback by the speed of the confrontation, tried to drive away, Sheppard clung onto the card, and tragedy ensued.
    Sheppard didn’t deserve to die, no, but Sheppard’s actions–not Bryant’s–precipitated the whole sad affair. Bryant wasn’t guilty of being criminally negligent.

  • http://undefined rfmcdpei

    Who was using it as a weapon? Seriously.
    The evidence suggests that Sheppard’s death was inadvertant, and moreover a consequence of him hanging onto the car. Bryant doesn’t seem to have been using the car as a weapon with which to attack Sheppard so much as he was trying to get away from the guy.

  • http://undefined rfmcdpei

    This whole episode speaks to the whole need to integrate bikes and cyclists into Toronto’s transportation system, giving them a legitimate presence at the same time that they assume their responsibilities.

  • http://www.guesswork.ca Patrick Metzger

    For all those who think Bryant was criminally negligent or even homicidal, a question: What do you do when a large angry man you’ve never met attacks you and your partner while you are sitting in an open-topped car? For the purposes of this exercise, you are a small man and unaccustomeed to physical confrontation. Answer quick, you have about 2 seconds to do something.
    This is not a rhetorical question – I’m genuinely interested. Once “attempt to drive away” is ruled out, what do you have left?

  • http://undefined Colin

    And don’t forget that Bryant is, what 5’6″ max?
    He’s a fucking oompah loompah for god sakes. He’d feel threatened by a strong breeze.

  • http://environauts.wordpress.com Jo

    Uhm…No I didn’t presume, nor state any such thing ‘rfm…’ Though I’d say you’re being presumptuous to say so yourself.
    I’m talking about public Opinion being manufactured by PR practices.
    Don’t you feel like you’re getting played in a concerted campaign when the same violent images get splashed over all the major dailies…all on the very same day in quick response to yesterday’s dropped charges?
    Has anybody seen a set of names/references on who the actual people are who clearly identified the rather generic looking person in that photograph…even if only one pic even shows a partial view of the face?
    What about eye witnesses who saw Bryant driving on the wrong sode of the road at top speed trying to nail Sheppard with firehydrants and mailboxes until he suceeded…Does that strike anyone as violent or dangerous as well?
    Or do we give Bryant grace on his first attempts at homicide…because he was scared, and because his opponent had some sort of history that we find out about after the fact. Are there any police reports (besides on fram that night) or prior charges to back these allegations?
    Seriously…I’m asking…Are there ?
    Finally…Does this precedent mean that I can murder an unstable street person, or anybody else who looks like they have a dangerous past, or who looks like they’ve been in trouble before, if they threaten me?
    Very dangerous precedent, and everyone is swallowing it based on hearsay, PR driven imagery, and a manufactured bias against some wing-nut Cyclist.
    Weird

  • mark.

    I dare you to say that my face.

  • http://undefined mark.

    That was supposed to be a joke, but it doesn’t read that way..

  • http://undefined DaveDaveDave

    “it lurched forward , hitting the bicycle. He then tried to drive around the bicycle”
    Wait a second? Since when does anyone have a right to hit someone (Even the smallest amount) and have the ability to continue driving? At the first bump he should have turned the car off.
    Will this be an excuse used from now on in the city? Yes officer. I hit the other car by mistake, but I was scared for my life when the 300 pound guy got out of his car swearing and raced off?

  • http://undefined Colin

    No it’s cool. I understood what you meant…emphasis on the UNDER ;)

  • http://undefined rfmcdpei

    “Don’t you feel like you’re getting played in a concerted campaign when the same violent images get splashed over all the major dailies…all on the very same day in quick response to yesterday’s dropped charges?”
    No. It makes sense that the evidence of Sheppard’s past behaviours, along with the rest of the evidence that the special prosecutor used in order to come to his decision, would only be made available to the public after his investigation was complete and it was determined that there would be no prosecution. If the special prosecutor _did_ decide to prosecute Bryant, then we wouldn’t have seen those images until the trial.
    Also: In your opinion, is Bryant’s past behaviour irrelevant to the case?
    “What about eye witnesses who saw Bryant driving on the wrong sode of the road at top speed trying to nail Sheppard with firehydrants and mailboxes until he suceeded…Does that strike anyone as violent or dangerous as well?”
    Eyewitnesses can be notoriously inaccurate, and in this specific case the eyewitnesses saying that Bryant was trying to nail Sheppard were contradicted by others. In any case, the police forensics say that didn’t happen; it was a low-speed collision that was responsible for Sheppard’s death.
    “Or do we give Bryant grace on his first attempts at homicide…because he was scared, and because his opponent had some sort of history that we find out about after the fact. Are there any police reports (besides on fram that night) or prior charges to back these allegations?”
    Are the reports unearthed during the investigation enough for you?
    Seriously…I’m asking…Are there ?
    “Finally…Does this precedent mean that I can murder an unstable street person, or anybody else who looks like they have a dangerous past, or who looks like they’ve been in trouble before, if they threaten me?”
    Of course not. As established earlier by the special prosecutor, what happened was a tragedy precipitated by Sheppard that Bryant wasn’t criminally negligent for. Wanting to escape a guy who was attacking him was entirely reasonable. It wasn’t Bryant’s fault that Sheppard chose to continue clinging on after the car started moving, and Sheppard’s death was unexpected.
    “Very dangerous precedent, and everyone is swallowing it based on hearsay, PR driven imagery, and a manufactured bias against some wing-nut Cyclist.”
    The decision not to prosecute was based on a pretty thorough investigation that lasted nearly a year, making use of any number of interviews and investigative techniques. The broadly sympathetic public attitude towards Bryant is probably in some part a product of the PR, but that’s a separate issue.

  • http://undefined mark.

    But wait for the punchline! (angled as it is) – I’m 5’6″! haha

  • http://flickr.com/aged_accozzaglia accozzaglia

    With Sun-calibre writing like this, I really wonder why more people don’t take DiManno to task for being a hack masquerading as a journalist. She is a big part behind why The Star shall never rise to being a newspaper of record.

  • http://undefined 20after4

    Nice story but it doesn’t apply to Bryant.
    First off, I guess you could say he met the man when he draped him over his hood. Which act, quite frankly, seems to have been the thing that led to Sheppard being “angry”.
    Second, as far as being “a small man and unaccustomeed to physical confrontation”, Michael Bryant was a boxer and still trains. http://www.thestar.com/article/639704
    I think he could have handled a drunk man with a couple of well-placed shots if he truly needed to. Believe me, it was more likely Sheppard who was “unaccustomed” to violence. He seemed more like those guys who a lot of bluster but not much bite. In all these supposed previous altercations (which strangely seem to be unquestioned as they flow back from distant memories to people, one being 77 and another saying she “couldn’t be sure” it was Sheppard). A trained fighter is hard and efficient and most people don’t know how to fight. Bryant does.
    Just saying, makes your scenario a lot different.

  • http://www.guesswork.ca Patrick Metzger

    Curiously, I didn’t encounter that bit of information about Bryant until now and frankly it does change my thinking. I don’t know Bryant’s temperament but I’ve done some training myself and I’d expect that someone who’s boxed for 30 years and been in “countless” amateur bouts wouldn’t be prone to panic when confronted with an aggressive drunk.
    That’s very interesting. Thanks.

  • http://undefined anthill

    So you buy that a person standing in front of your car after the light turns green counts as a “highly frantic, distracting situation” that warrants “urgently restarting a stalled car to speed away”?
    Bryant’s story is pure lawyering. His narrative has tried to transform the “drunk asshole cyclist meets impatient, frustrated car driver” to some kind of nightmare on elm street where a person standing in front of your car is cause for panic and hit-and-runs.
    Besides, if you drop the clutch without revving the engine, the car will stall without even moving two inches. And if you’re revving the engine and dropping the clutch, that’s called a burnout.

  • http://undefined anthill

    “[scary man] attacks you and your partner”
    At what time in the video would you say this happened?
    The video shows Sheppard has time to take one step (away from Bryant’s car) before Bryant’s fleeing car blocks the view. Hardly a horror-movie scene.

  • thelemur

    If you read Cheney’s explanation, it appears that his son (who doesn’t actually know how to drive a manual) probably depressed the clutch, thinking it was the brake, turned the (left-mounted) ignition key one click farther than necessary to turn the accessories on and then let the clutch out as though taking his foot off the brake in an automatic.
    The clutch/ignition interlock that Bryant’s Saab almost certainly had would have prevented a lurch but was ironically the cause of the lurch in Cheney’s case, due to unfamiliarity.

  • thelemur

    Bryant’s 9-3 was much more recent than ’95 – maybe 2006 or so. It would almost certainly have had a clutch/ignition interlock that would prevent a lurch, and stalling would involve letting the clutch out too soon and coming to a sudden stop, not shooting forward.