The Oregonian reported earlier this week that Ben Ramsdell, the man who was seriously injured after being intentionally run down by Johnny Escwheiler on SE Clinton nearly two years ago, will receive a $100,000 from Eschweiler's insurance company.

Escwheiler -- who underwent a temporal lobotomy at age 25 -- was found guilty except for insanity by a Multnomah County judge back in April.

The case has taken so long to resolve because Eschweiler has not cooperated with his own insurance company. Ramsdell's Lawyer Mark Ginsberg told The Oregonian that:

"Johnny has refused to talk to his own insurance company the whole time... "They couldn't do anything as long as he refused to cooperate."

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At the outset of the case, Eschweiler admitted he intentionally ran down Ramsdell (he also ran into another man, Timothy Mastne). That further complicated the case because intentional acts are not usually covered by liability policies.

Here's how The Oregonian explained it:

...when Multnomah County Circuit Judge Michael McShane found Escweiller guilty but insane, "intent no longer mattered," Ginsberg said, noting that the driver in effect didn't have the mental stability to know what he was doing.

Read more details in The Oregonian article. Browse our previous coverage of this story here.

These inaccuracies -- one of which they are making again, even after they changed it when I brought it to their attention in 2007 -- are unfortunately stoking the bike/car divide that erupts whenever a case like this gets in the news.

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In their story published yesterday, KGW states that: "A second bicyclist, Tim Mastne, unintentionally pedaled into the path of the collision." Johnny Eschweiler intentionally ran down Ben Ramsdell. After doing so, Escwheiler's car then continued on, sideswiping a car and a truck and then hitting Mastne.

Tim Mastne most certainly did not pedal into the path of Mr. Eschweiler's car.

KGW then reports that. "Investigators said Ramsdell kicked Eschweiler's SUV." That statement is entirely untrue and its the second time KGW has gotten it wrong. The first time, in August 2007, they corrected it after it was brought to their attention.

Ramsdell did not kick Eschweiler's car. Police investigators reported that it was Eschweiler (hardly an objective, or as we now know, sane witness) who made this claim, not themselves.

This may seem like I am nitpicking, but these kind of mis-statements by a news outlet have an impact on how people think about what happened.

Is it any wonder that the story elicits a comment like this one?:

"Well, when you kick somebody's car, they're gonna run you down. The biker got what they deserved Hahahaha"

I hope KGW will consider issuing a correction to their story.

At the Multnomah County Courthouse today, Johnny Eschweiler waived his right to a trial by jury and was found guilty except for insanity on two counts of assault for using his motor vehicle as a weapon in an August, 2007 road rage incident.

Eschweiler was committed to the jurisdiction of the Psychiatric Security Review Board for a maximum of fifteen years. He will be allowed to continue to live in the community under a strict set of conditions, including highly structured psychiatric care, a curfew, and the stipulation that he not in any circumstance operate a motor vehicle.

Judge McShane outlined the conditions clearly, which also included having no contact with victims and at no time possessing any weapons, "including a vehicle. A vehicle is a weapon. You are not to have control of a motor vehicle."

The charges -- one count of assault in the second degree for running down Ben Ramsdell, and one count of assault in the third degree for subsequently hitting Timothy Mastne who happened to be riding nearby -- were part of a bargain struck in an attempt to ensure Eschweiler receives care appropriate to his psychiatric condition rather than being convicted to a mandatory prison sentence, according to Ramsdell's lawyer, Mark Ginsberg.

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The agreement consisted of Eschweiler waiving his right to a trial by jury and accepting a decision by Judge McShane based on the evidence submitted in the case, including police and detective reports stemming from the incident, and a mental health evaluation.

Ben Ramsdell was run down
by Eschweiler.

The Judge read a summary of the mental health evaluation. It included a history of aggression, seizures, and assaults following an illness at age five; foster care and commitment to mental health facilities as a teenager; and a guilty except for insanity verdict in an incident around age 23 in which Eschweiler stabbed somebody with a fork.

At age 25 Eschweiler underwent a temporal lobotomy which entailed removing part of his brain. This procedure impaired his cognitive abilities, particularly short term memory and decision making capacity, but put a temporary end to his seizures and aggressive behavior until a fall nearly 20 years later, in 2000, caused a recurrence of these problems.

According to the report, he is now on medication to control his seizures. He is employed, married, and spends time with his grandkids. He has no criminal history since the stabbing incident 25 years ago.

In his ruling, Judge McShane concluded that Eschweiler's brain dysfunction did affect him at the time of these crimes and that he "lacked capacity to understand the criminality of his acts and conform his actions to the law."

McShane told Eschweiler, "I cannot emphasize this enough. You are not to drive a motor vehicle. You don't have the capacity to make the kinds of decisions drivers have to make all the time, at every intersection."

Any evidence of violation of these conditions, particularly the one that prohibits him driving, will result in Eschweiler being immediately taken into custody.

Eschweiler, who held a valid drivers license at the time of this incident, sat quietly through the proceedings and declined to make a statement.

Ben Ramsdell, the first victim, who Eschweiler hit with apparent intention after Ramsdell confronted him over buzzing him too closely, made a brief statement about his difficulties making a full physical and emotional recovery. "I expected today to be like a sigh of relief. But really, it feels like the first full breath I've taken in almost two years," he said.

-- For more background on this story, browse our previous coverage.

Back in 2007, we covered the story of Johnny Eschweiler, the man who intentionally used his car to strike two men on bikes in a road rage incident on SE Clinton Street.

Shortly after the incident, victim Ben Ramsdell told BikePortland that he had tapped on Eschweiler's car window after Eschweiler had nearly run him over, and verbally taken him to task. Ramsdell woke up in an ambulance.

Minutes later, Eschweiler hit another man, Timothy Mastne, who was not involved in the original altercation.

Eschweiler is expected to plead guilty this Friday to several charges, and to receive a penalty, according to Ramsdell's lawyer Mark Ginsberg.

The hearing is on Friday, April 3, at 11:00am in Multnomah County Courthouse Room 608, with Judge McShane presiding.

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This has been a long, drawn-out road.

Immediately after the incident, Eschweiler was charged with four counts of assault. Representing himself at the hearing, he pled not guilty.

Eschweiler was re-indicted in May of 2008 and charged with two counts of attempted murder. In August, he pled insanity to all counts.

After discussions with Eschweiler and the two victims, the DA has now reached a plea agreement with Eschweiler.

According to Ginsberg, significant mental health issues make prison an inappropriate option. Eschweiler will enter a guilty plea for a list of more minor offenses in exchange for penalties that make more sense in this particular case. Ginsberg does not yet know what the exact charges will be.

Both victims plan to attend Friday's hearing.

UPDATE:
Today's hearing was postponed until April 9th at 1:45pm, when it will take place in room #608 of the Multnomah County Courthouse. An agreement about penalties is still being sought, and the specific charges that will be levied against Mr. Eschweiler have not yet been determined.

On hand for the hearing today were Mr. Eschweiler and a companion, Ben Ramsdell, the other witness/victim Timothy Mastne with his wife and son, both victims' lawyers, several interested onlookers, and a small crowd of news media, including three camera crews hoping to get a good story for the noon news hour.

Johnny Eschweiler, the man who intentionally drove his car into Ben Ramsdell as he biked down SE Clinton Street nearly one year ago, has entered a plea of not guilty by reason of insanity.

Escweiler was initially charged with three counts of Assault in the incident, but Multnomah County Deputy District Attorney Kirsten Snowden re-indicted him back in May and added two counts of Attempted Murder (after hitting Ramsdell, Eschweiler struck a second man on a bike) .

According to (the victim) Ben Ramsdell's attorney Mark Ginsberg, Eschweiler has plead insanity to all counts. A new trial date is expected to be set for October or November.

-- For more on this incident, see the SE Clinton Road Rage special coverage section.

Back in August, I reported on a disturbing road-rage case where Johnny Eschweiler intentionally ran down Ben Ramsdell while he rode his bike on Clinton Street in Southeast Portland (Eschweiler also ended up colliding with a second person on a bike, Timothy Mastne).

The collision caused very serious injuries and the Multnomah County DA's office initially charged Eschweiler with second-degree assault and first-degree attempted assault.

Eschweiler pled not guilty to all charges and was later released on bail.

Now, the Oregonian has reported that Eschweiler was re-indicted on Tuesday. The Oregonian says Deputy District Attorney Kirsten Snowden presented new evidence to the grand jury -- including the fact that Ramsdell has suffered permanent injuries -- and they were successful in seeking tougher charges.

Because of the DA's office, Eschweiler now faces two counts of attempted murder (in addition to first, second and third-degree assault charges).

The trial is set for mid-June.

===

More on this story

-- For background, read all 12 articles on this story in the BikePortland.org archives.
-- For details on this latest development, read the Oregonian's coverage.

KGW reporter Scott Burton said that Eschweiler's attorney, "argued the (bail) amount (originally set at $500,000) was not only excessive but unconstitutional...and the Judge agreed."

KGW says the Judge allowed Escweiler's family to free him on $50,000, just 10% of the original bail amount.

The KGW video shows victim Ben Ramsdell taking the stand (still in a neck brace) and saying, "whether or intentional or accidental I think he deserves to remain exactly where he is."

A friend of Eschweiler described him as shy and testified that, "I've driven with him a number of times, and he's also avoided accidents a number of times...a little shy, very mild."

According to the the KGW report, Eschweiler will not be allowed to drive and must wear a GPS-enabled ankle bracelet 24 hours a day until the case is resolved.

Watch the full story on KGW.com (registration might be required).

Read my special coverage of this story.

In two recent posts, I pointed out my concern that KGW's story was perpetuating the incorrect notion that cyclist Ben Ramsdell kicked the driver's car before the collision. In reality, this is merely a claim made by the driver (who faces four counts of felony assault). When I followed up with a Police spokesman about it, they told me their investigators found it not to be true.

Here is the original version of their story that I found misleading:

"Police say the driver, Johnny Eschweiler, had road rage and deliberately hit a different bicyclist who kicked his car."

Here is the updated version of the same paragraph as of 10:30pm last night:

"Police say the driver, Johnny Eschweiler, deliberately hit a different bicyclist who the driver claimed had kicked his car. The cyclist denies kicking the car."

I'm glad they've made this correction on at least one of their stories. Unfortunately I doubt many of the people who originally heard this will notice.

Thanks to everyone who wrote in and voiced concern. I hope they are more careful and sensitive in the future.

KGW reports that Timothy Mastne -- one of two victims of a road rage incident earlier this month -- got a new bike today.

KGW reporter Jane Smith says Mastne picked the bike up from River City Bicycles this morning. A Seattle couple wanted to buy the bike for Mastne after seeing KGW's interview with him that was aired on August 19th.

According to KGW, Mastne's road rash is nearly healed, but he still walks with a limp due to swollen legs. Here's a quote from him that aired on TV today:

"Oh, I appreciate it! They're in my heart now. I wish there were more people like that. They passed it on to me and I'll pass it onto someone else if I get a chance."

Watch the video and read the story on KGW.com (registration might be required).

*Please note that although KGW continues to report "a bicyclist kicked his car," that remains merely a claim made by the driver Johnny Eschweiler. Police investigators have found no indication that his car was kicked. We discussed this in further detail in a previous post.

In other news about this case...I was present at the arraignment of the driver, Johnny Eschweiler today. He retained his not guilty plea to the charges of attempted assault in the first degree and assault in the first degree. I'm still awaiting details of the Grand Jury hearing last Friday and will report on that once documents become public.

You can read all my coverage of this incident here.

As a popular route for cyclists coming from the Clinton Street bikeway to the riverfront and downtown, the stretch of SE Clinton, just west of SE 11th is currently an unsafe gap in our bikeway network.

After last Friday's road rage incident I decided to take a closer look at the current situation and what (if any) bike safety improvements might be in store for the future.

According to PDOT's Jeff Smith, this portion of SE Clinton is not a designated bikeway on the City's current Bicycle Master Plan (last updated in 1996). Even so, the road has been marked with bike boulevard/wayfinding dots.

While most cyclists believe these dots designate a roadway as being bike-friendly, this is not the case here. City bike coordinator Roger Geller is out of town and unavailable for comment, but in this instance I believe he placed them here to act more as way-finding aides through a dangerous area, rather than to designate it as a part of our bike boulevard network (which is how they function throughout the city).

This is a confusing situation that needs to be more carefully analyzed.

Also in the mix is that this section of SE Clinton has been reported to be a popular cut-through for motorists en-route to the Ross Island Bridge.

Bicyclists used to have a shortcut of their own to avoid this street. But recently, an off-road path along the railroad tracks northwest to SE Division Place has been barricaded and police have been doing enforcement against bicycles to shut it down.

Colored lines show city bikeway designations. Red is "High Caution". Green is "Low-traffic through street". Yellow is "Moderate traffic through-street".

Back to Jeff Smith at PDOT. He said that the stretch of SE Clinton where Friday's incident took place gets about 3,600 average daily (auto) trips (ADT). Smith says that makes it a good candidate for bike lanes, "Our general rule of thumb for bike lanes starts at about 3,000 ADT". (That 3,600 number was taken a few years ago and is likely higher today.)

According to Smith, this means there are two options for how to improve bike safety on this street:

• remove parking on one side and stripe bike lanes;
• attempt to remove/slow down auto traffic through various traffic calming and diversion measures.

Parking would have to be
removed to make room
for bike lanes.

Given the industrial nature of the businesses on the street, the parking is likely more for employees than retail customers. This would be an important factor to consider and would make parking removal less controversial for PDOT if/when it was ever proposed.

I also learned that there is an active grant in process for bike and pedestrian safety improvements near this area. Two neighborhood groups (Brooklyn and Hosford-Abernethy), along with Roger Geller from PDOT, have applied for a Community Benefit Opportunity grant (part of the Big Pipe Project).

The grant request initially included the following:

• HAWK Signals at SE 11th and 12th (recently installed on 41st and Burnside)
• Bike lanes on SE Division Place between SE 4th and 9th
• *Bike lanes on SE Milwaukie/11th/12th between Powell and Clinton
• *Enhancements to existing signage and markings (I'm not clear on which street)

(*No longer part of the grant)

Two HAWK signals -- like this on at 41st and
Burnside -- could be coming to SE Clinton at
11th and 12th.

Debbie Caselton with the City's Bureau of Environmental Services said that the last two requests on that list have been recently axed due to expense. Currently, the grant has made a final cut and is likely to be funded to the tune of $400,000.

There is a public review opportunity for the grant (and other finalists) on September 10th at Metro (stay tuned for details). Then, the final list of grants will be recommended to City Council in October and construction will start in November of this year.

The new, bicycle and pedestrian activated signals at 11th and 12th and the new bike lanes on SE Division Place are welcome improvements, but they don't fix problems with the remaining safety issue on SE Clinton between 10th and 11th. If anything, they make this now infamous stretch of road an even more glaring gap in our system.

So what can we do as a community to help the City address this issue?

Two things: First, attend the CBO grant public review Open House on September 10th and tell committee members that this is an important improvement for the livability and safety of our city. Second, watch for opportunities to weigh in on the current Bicycle Master Plan update process. We need to make sure that this stretch of SE Clinton gets designated as an official bikeway. That is an important step toward giving us leverage to make necessary bike safety improvements in the future.

In the meantime, stay tuned...and ride safely.