Mar 12, 2008 6:00 am US/Pacific
Deputy In Fatal Bike Crash Faced Prior DUI
CUPERTINO (CBS5/AP) ―
The Santa Clara County sheriff's deputy involved in the weekend deaths of two bicyclists in Cupertino faced a pair of drunken driving charges seven years ago in Southern California, but court records show they were later dismissed as part of a plea deal to a lesser charge.
Meantime, a third cyclist who was injured in the collision with the deputy's patrol car left the hospital Tuesday as the sheriff herself tearfully apologized for the bloody crash.
"We feel terrible for this incident, for the families, for the victims. It was a tragic accident," Sheriff Laurie Smith told the San Jose Mercury News.
German cyclist Christopher Knapp was discharged after spending two days recovering at Stanford Medical Center, said hospital spokesman Gary Migdol.
Migdol described Knapp as "doing well" with his recovery.
Knapp suffered broken bones Sunday after being struck by the cruiser driven by rookie deputy James Council, 27.
Authorities said Council accidentally crossed over a double yellow center line on a winding road, hitting the group of cyclists.
Matthew Peterson, 29, a competitive road racer from San Francisco, died at the scene. His training mate, Kristianna Gough, 30, an accomplished triathlete from Oakland, was pronounced dead at Stanford Medical Center later that day.
Council, who has been employed by the sheriff's office for about 18 months, was placed on paid administrative leave while the California Highway Patrol investigates, said sheriff's Sgt. Don Morrissey.
According to court records, Council pleaded guilty in a Los Angeles court in 2001 to engaging in a speed exhibition, a misdemeanor. The city attorney's office agreed to drop drunken driving charges against Council in exchange for the guilty plea.
Council "either met or exceeded" the department's standards when he was hired about 18 months ago, Morrissey said.
It is the department's policy to conduct drug and alcohol testing in incidents like the collision with the cyclists, said Morrissey, who wouldn't comment on any tests given to Council.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
