Inclusion Daily Express -- State Attorney: No Apology Coming For Pedestrian Struck By Cop Car

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State Attorney: No Apology Coming For Pedestrian Struck By Cop Car
By Dave Reynolds, Inclusion Daily Express
January 3, 2008

CHARLOTTESVILLE, VIRGINIA--While a jaywalking charge against Gerry Mitchell has been officially dropped, it's not likely he will be receiving an apology any time soon from the police officer that ran his patrol car into the 53-year-old artist and his wheelchair.

Albemarle County Police Officer Gregory C. Davis ran his police cruiser into Mitchell on November 5, knocking him out of his wheelchair and into the crosswalk. Mitchell was later ticketed for failing to observe crosswalk signs.

In a brief hearing Thursday morning, Charlottesville Commonwealth's Attorney Dave Chapman asked District Court Judge Robert H. Downer to withdraw Mitchell's ticket. It turns out that while Virginia law makes it a crime to enter a crosswalk when the signal flashes the word "Don't walk", the law hasn't been updated to apply to signs that display the universal outline of a red hand.

According to The Hook, Mitchell did not attend the hearing because he was at University of Virginia Medical Center, where doctors tried to figure out why his joints are swollen, causing him pain. Mitchell was in the hospital being treated for injuries to his shoulder and a broken arm immediately after Davis ran into him.

Chapman said no charges would be filed against Officer Davis and no apology will be coming to Mitchell.

"I don't know that it's appropriate for anyone to offer Mr. Mitchell an apology," Chapman said.

"What appeared to be clear was that if there was any infraction involved in the incident, it would have been the apparent disregard of the special pedestrian traffic control device. Very clearly, in this instance, the officer had the right of way."

Mitchell's younger brother Corky said Gerry was back in the hospital on New Year's Eve, and would likely not attend an exhibition of his artwork scheduled to open Friday at a downtown coffee shop.

Related:
"No apology: Mitchell charges dropped, city not sorry" (The Hook)
http://www.inclusiondaily.com/news/2008/red/0103e.htm
"Crosswalk crossfire: Longo memo raises new questions" (The Hook)
http://www.inclusiondaily.com/news/2008/red/0103d.htm

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