The L.A. County D.A. will not be charging the L.A. County Deputy who struck and killed former Napster executive Milton Olin as he was riding his bicycle on Mulholland Highway in Calabasas in December.FOX 11 News first reported that evidence showed that Deputy Andrew Wood was texting and was on his vehicle's mobile computer right before fatally striking Olin.Evidence in the official investigation supported that claim, but the D.A. has concluded that Wood was acting lawfully and was not negligent. According to the D.A.'s report issued Wednesday, the evidence shows that the accident was the result of Wood crossing into the bicycle lane… “However, to establish the crime of vehicular manslaughter, the People would be required to prove that Wood's encroachment into the bicycle lane, under the circumstances, was negligent.” The report further states that “Wood entered the bicycle lane as a result of inattention caused by typing into his MDC. He was responding to a deputy who was inquiring whether the fire investigation had been completed. Since Wood was acting within the course and scope of his duties when he began to type his response… he acted lawfully.”
The final conclusion: “there is insufficient evidence to prove that Deputy Andrew Wood committed the crime of vehicular manslaughter. As such we decline to initiate criminal proceedings against him. We are closing our file and will take no further action in this matter”.
We know that Milt Olin died, the question is what happened, and why is it taking so long to find out ?The pictures tell the story. In every shot, Milt Olin has a big smile on his face. It seems like he enjoyed life. His family, (he was a married father of two boys) described him as a 'Renaissance Man', in love with history, music, and especially bicycling. In fact it was that love for cycling that brought him to a long curving stretch of Mulholland Highway in Calabasas on Dec. 8th of last year, at 1:05 in the afternoon, when he was struck by an on duty Sheriff's deputy in a patrol car who was passing him in the bicycle lane.
Witness told Sheriff's investigators that the car swerved into the bike lane. It's possible the Deputy was distracted, as we've obtained the search warrant results of the Deputy's cell phone records, which show six texts sent in a four minute period , just before the accident. If that's the case, and it can be proven beyond a reasonable doubt, the District Attorney could charge the Deputy with a crime, perhaps vehicular manslaughter. But that is a far from certain outcome, and as is their custom they aren't talking. As an independent investigator who reviewed the case for us told us, " It's possible the deputy swerved into the bike lane, it's possible Olin moved into the traffic lane. "There's not a lot of margin for error in either lane, if you've been out there, though the bike lane and the traffic lane apparently meet or exceed legally required widths. The family believes, based on witness reports and what they perhaps want to believe, that the Deputy was negligent. Olin was wearing ear buds, perhaps that was factor. It does seem clear that after all this time there should be some conclusion. I don't want to use the word 'closure', as really, I don't think that ever happens.
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