Still Crazy in Colorado

If your indignation is temporarily on park thanks to a reasonable outcome of the Vermont election, and you’re tired of Tea Party travesties, here’s a little something to get your social justice juices flowing again.

Apparently, if you have a big enough income and own a local chalet, this may just be the equivalent of a “get out of jail free” card in Colorado!  When a cyclist (Dr. Steven Milo) was struck by a hit-and-run Mercedes driver (Martin Joel Erzinger) in Eagle County, Colorado, the perpetrator was not subjected to felony charges because the county prosecutor felt his job, managing a billion dollars in funds at Morgan Stanley, might be impacted.

According to the local paper, the DA, one Mr. Mark Herlbert offered this defense:

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it…When you’re talking about restitution, you don’t want to take away his ability to pay.”

To which the victim, countered:

“Mr. Erzinger struck me, fled and left me for dead on the highway…Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”

One cannot escape the thought that if Dr. Milo, who is a New York physician, had been the driver and Mr. Erzinger (who is a homeowner at Arrowhead) the victim, the DA would have locked-up Dr. Milo and thrown away the key.

About Sue Prent

Artist/Writer/Activist living in St. Albans, Vermont with my husband since 1983. I was born in Chicago; moved to Montreal in 1969; lived there and in Berlin, W. Germany until we finally settled in St. Albans.

10 thoughts on “Still Crazy in Colorado

  1. an everyday cyclist (and one who rides for fun, but does not ‘race’) – I’m appalled by this. There’s much outrage floating about the net on it – not sure what good, if any it will bring about. I hope the victim gets some justice in all of this.

    We have our own issues here in VT with drivers getting off rather lightly when hitting peds and cyclists. And the general attitude of motorists vs. anyone not in a car or truck is often hostile. There’s a lot of work to do to ensure that mobility can be had regardless of mode. People have a right (and often a need) to move about – cars, trucks, trains, bikes, and feet or just some of the many ways we get about.

  2. an everyday cyclist (who rides for fun and “races” for fun, like that has any bearing on the worth of a comment?) I am dismayed but not surprised. Money can get you anything in our society from a get out of jail card to an election.

  3. A former everyday cyclist who only raced himself and an occasional cow, I observe that felony convictions have some pretty serious job implications for someone in Dr Milo’s profession, too.

  4. I read this article earlier and everyone misses this quote:

    “(Attorney General) Hurlbert said Thursday that, in part, this case is about the money.

    “The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”

    Hurlbert said Erzinger is willing to take responsibility and pay restitution.

    “Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”

    – – – – – – – –

    While I completely disagree with the DA, he’s declining criminal prosecution so that the good doctor can have access to $1B when he sues the hedge fund manager.  The DA clearly says that he wants the driver to still have his lucrative job so that when the doctor sues, he can get far more money.

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