John Greenfield on Streetblogs Chicago reports that surveillance video has been obtained by Cook County State’s Attorneys, showing the fatal collision between the vehicle driven by Ryne San Hamel and bicyclist Bobby Cann. If what is reported is true, it may be helpful to San Hamel’s defense.
According to the blog post, the accident occurred in the intersection of Clybourn and Larrabee, and may show that Hamel had the right of way.
The aggravated DUI statute states that a person commits aggravated DUI involving death if he or she has committed a DUI which caused the death of another, if the drunk driving was the proximate cause of the death. 625 ILCS 5/11-501(d)(1)(F).
Thus, if it can be shown that Cann entered the intersection in violation of traffic control lights, and that his negligence was the proximate cause of the collision, then San Hamel is only guilty of a misdemeanor DUI. However, going through a red light is not necessarily the proximate cause of the crash — prosecutors can argue that San Hamel was intoxicated, was driving too fast for conditions and that as a result, he was unable to react quickly enough to avoid the collision.
I will post more as information becomes available.