In Texas, you can murder a man and NOT spend a day in jail. But, if a man writes a hot check to feed his children, he will spend up to 180 days in county jail.
What kind of laws do we have?
Our brother, a father, a grandfather, our friend, a fellow biker, James Holt, was killed in Travis county 1/28/17 while riding his Harley. James was not in any way responsible for the crash - he did not know what hit him. A lady in a Cadillac SUV failed to yield the right of way while turning left. She only received a minor misdemeanor $50 traffic ticket. Weather was not an issue. It was daylight. James was in the far right lane on Highway 71. There was an empty lane next to him. He had his headlights on. The lady driver could have seen him AND she should have HEARD the sound of his Harley. She had a lane between him. She could have braked. BUT she chose to beat the traffic, run him over, and kill him.
Due to the inexperience of the young DPS officer, many mistakes were made with the investigation. Some of the mistakes the DPS officer made: He did not do proper drug/alcohol testing on the “high class, pretty” young lady in the SUV: He told a family member he "felt sorry” for her on the side of the road. What about our James, lying dead on the concrete??? The young DPS officer looked at the lady's eyes as a drug/alcohol test! The morgue did drug/alcohol testing on James, Why? He did not cause the crash---He did not know what hit him. (Biker Profiling). The young DPS officer did not timely or properly recreate the deadly crash scene so much evidence was missing. (Inexperience shown and biker profiling)
The lady did NOT spend one night in jail. Our James went to the morgue. The lady did not say she was sorry, nor did she pay for his funeral. She kept her driver’s license. She did not have to take any type of driver safety course. She did no community service. She had NO consequences for killing a man.
According to the Travis county DA, their internal rule for prosecuting is that there must be 2 violations of law…The Travis County DA prosecutor (Matthew Foye) told us he needed sufficient evidence: 2 violations in order to convict.
He had requested that he be able to obtain cell records & the SUV's black box which would have told the story. A judge did not grant him access to the evidence. His boss, the DA, Ms. Moore, did not support him either, saying that there was "insufficient evidence that a crime was committed". A MAN DIED DUE TO A LADY’S FAILURE TO YIELD THE RIGHT AWAY!!! That is a crime.
In order for the prosecutor to bring charges, the prosecutor needed 2 violations: one was the failure to yield the right of way.
If proper drug/alcohol testing would have been done, then that may have been a second violation....The prosecutor told us that he felt another violation was that the lady was speeding through the traffic signal in order to beat the oncoming traffic (James & his Harley). The prosecutor agreed that she was speeding just by looking at the pictures of her totaled SUV. (Another violation).
Had the crash scene been properly secured and recreated as done with fatal crashes, there would have been more evidence....Therefore, the black box was needed to tell the story: speed, point of impact, braking, etc. Cell phone records were needed to see why the driver was distracted. (She is a commercial real estate agent… and it was “the cocktail hour”.) How could see have not seen or heard him?
The DA did not even attempt to find or personally interview witnesses. They took the word of the young, inexperienced DPS officer who had made obvious errors. Interviewing witnesses and/or obtaining the SUV's black box & cell records by the DA would have provided the sufficient evidence to either exonerate or convict the automobile driver, so we do not understand why they didn’t attempt to find out the truth.
Answers and justice are needed for us to move on.
Please send a letter to the Governor, your representative and senator.
Also, please send an e mail to the following.
Travis County DA: Margaret.Moore@traviscountytx.gov
Travis County Prosecutor: Matthew.Foye@traviscountytx.gov
Let them know that they have done an injustice to a fellow Biker. Our James was “expensed” because he was a biker. No care was taken to see that justice was done. He was a “nobody” to them. They did not want to waste any resources on him.
Please help fill the DA's mailboxes asking them for help, support in getting justice for James and his family. After the Texas Legislative Day at the capital, ride to the DA’s office and ask for them for answers. “Squeaky wheels get oiled and fixed”…That is all we want: answers and justice. James was someone to us. Our hearts are forever broken. His life should not be so easily written off because of who he was.
Your e mail letters should be in your own words & should not mean to offend. You will probably get a letter back from the DA saying "insufficient evidence that a crime was committed", so be prepared for the response…it is the same response that we and others keep getting. The lady failed to yield the right of way and she killed him. A crime was committed.
We were told that there is no statute of limitations in filing a vehicular homicide or criminal negligence case, so please help us get justice for James and for other bikers and their families. The lady should be faced with some type of consequences. IT’S NOT TOO LATE.
If you could, please take a few minutes to stop and help, it would be so much appreciated. Also, please, please forward this to and asking all your friends & family to do the same. Post to social media as well. (I am old school & I don't have FaceBook or such, nor do I know how to use it.) Please STOP and take the time to do this as soon as possible. James was someone to us. Our hearts will forever be broken.
We are only asking everyone to help us get Justice for James. One voice has not worked so we need the voices of many. Rally to get Justice for James and help bring awareness for bikers. Please help stop biker profiling by all the authorities.
TBR: To often we see vehicular and other type crimes committed against Bikers go un-investigated and unresolved. Families are left in a state of shock and disbelief. Profiling is one of the main culprits in the lackadaisical attitudes of law enforcement and the courts.
Our Condolences To The Holt Family