January 24, 2008 - Chapter News - Caloosahatchee
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Subject: Update On hearing For Gary Shaw Caloosahatchee ABATE Member Good Evening All; For those of you who are not aware on April 21st 2007 Gary Shaw was riding one of his many motorcycles home from lunch with friends. He was about to make a right hand turn on to the road which would lead him home to his wife to prepare for the following Sunday morning with his grandchildren. At this very same point in time on this beautiful sunny dry Saturday afternoon a woman in a rented SUV was pulling out of a strip mall to go down the very same road to her home, when she crossed over two east bound lanes, blew through the median, went across the first west bound lane, and hit Gary in the second west bound lane, the very same road he was to turn on to in an effort to reach home. Gary unfortunately died from his injuries in May 4th 2007. Today January 23rd 2008 at 8:30 this morning court was in session for the woman who hit and killed Gary Shaw one of the safest riders that the Caloosahatchee Chapter of ABATE was proud to call a member. Caloosahatchee held a letter campaign as well as a phone campaign to the Judge, and in addition members of our chapter appeared in court today. The Judge called the defandant's name, the woman approached with a spanish interpreter. The defandant was sworn in and then asked to plead. Through her interpreter she plead no contest. The Judge then read out loud the ticket she was sited for "failure to yield" which held a fine at the time of $113.50. The Judge then asked if there was someone in the community that wished to speak in regards to this case. Chuck Long the President of the Caloosahatchee Chapter of ABATE approached and was sworn in. With tears in his eyes, and a lump in his throat he spoke of Gary and what he meant to his wife, his father, his grandchildren, ABATE, members of the Caloosahatchee chapter and all he did for this community. He also took a moment to let the Judge know that just 7 days prior she ran a stop sign, although this day she did not take a life, she obviously did not learn the rules of the road. He then asked the Judge to impose the maximum fine that she saw fit as well as community service in the Lee Memorial trauma unit so the defandant could experience what family members and friends have to when one person in a vehicle is in too much of a hurry to obey the laws of the road and seriously injures or kills another. The Judge then asked the defendant how long she lived in Florida. the defendant quoted "4 years". The Judge informed her that she should know the laws of the road by now. The Judge then read her driving history here in Florida as well as Texas, where the defendant used to live. Once completed the Judge asked the Defendant why she should not impose the maxium fines. Through her interpreter she replied "it was an accident". The Judge acknowledged that it was an accident and agreed that accidents happened, but explained to her that this does not excuse her lack of obeying the laws. She asked the defendant if there were any other reasons that she should not impose the stiffest penalties. The defendant quoted that she would lose her CDL license, again the Judge replied this is not a reason. The defendant then replied "I did not see him". The Judge informed her that she had three lanes in which to see him, and that the witness' saw him, and so should she have seen him as well. The Judge then with emotion in her face and her breathe imposed the following fine upon the defendant:
$1000.00 fine to be paid in 60 days
Tammey
Amodea
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