SLO motorcyclist charged with misdemeanor for striking Black Lives Matter protester

Prosecutors on Wednesday filed a misdemeanor charge of reckless driving against a motorcyclist who struck a Black Lives Matter protester in a crosswalk during a small Sept. 2 march in downtown San Luis Obispo.

David Medzyk, 59, was charged late Wednesday with the misdemeanor count, which carries a maximum penalty of six months in County Jail and a $1,000 fine.

Court records show that Medzyk, of San Luis Obispo, has not been arrested since the Sept. 2 incident, but the District Attorney’s Office on Wednesday issued a notice to appear for an arraignment Nov. 2.

Medzyk has not responded to Tribune requests for comment, and no attorney is listed as representing him in court records.

In its filing, the District Attorney’s Office agreed with a recommendation by the San Luis Obispo Police Department for the single misdemeanor charge.

The city also issued two infraction citations for two protesters involved in the incident, who the Police Department says were walking outside of a crosswalk and obstructing vehicle travel.

The alleged victim of Medzyk’s alleged reckless driving, LeiYahna Jefferson, was not seriously injured in the incident, nor was she among the protesters ticketed.

Reckless driving is defined under state law as “driving a vehicle with a willful or wanton disregard for the safety of others.”

Medzyk’s criminal complaint was personally signed by county District Attorney Dan Dow. Dow has also signed the complaints against other protesters charged with crimes, though misdemeanor cases are typically filed by a deputy.

Jefferson’s attorney, Patrick Fisher, who is also representing local BLM organizer Tianna Arata — a 20-year-old charged with 13 misdemeanors related to a July 21 protest — called Dow’s filing decision “a disappointment.”

“It is clear that Mr. Medzyk intentionally used his Harley like a weapon against Ms. Jefferson and the other protesters. With this crime captured on video, it is astounding that he was not charged with assault with a deadly weapon,” Fisher wrote in an email. “Everyone knows Mr. Dow’s politics. He’s been very public with them. Decisions like this one raise concerns that Mr. Dow is letting his politics influence his decisions as our county’s prosecutor.”

On Sept. 2, Medzyk was idling his bike at an intersection on Osos Street, attempting to turn left onto Higuera Street, as protesters were crossing Higuera, heading southward.

In cellphone video of the incident, Medzyk’s bike suddenly flies into the frame, with Jefferson leaping out of the way just in time to avoid being directly hit. She was slightly struck in the leg and is seen bracing herself for impact with her arm as Medzyk speeds through.

After the incident, Medzyk drove to the police station and filed a report claiming those in the crosswalk attempted to knock his motorcycle down.

“SLOPD reviewed videos of the incident taken by bystanders and concluded that the videos and other evidence do not depict any physical interaction between the pedestrians and the motorcycle, other than when Mr. Medzyk’s motorcycle hit Ms. Jefferson as Mr. Medzyck accelerated around the corner and through the crosswalk,” a police news release says.

“The pedestrians present and involved provided different descriptions of the situation than the motorcyclist reported to SLOPD. To resolve the conflicting versions, we asked the public to come forward with other video or photos of the encounter and are thankful for the few that did,” the news release said. “We carefully reviewed various videos and photos provided to SLOPD frame by frame to get the most complete perspective possible and determine who was at fault.”

SLO police Capt. Jeff Smith previously told The Tribune that despite the lack of evidence to support Medzyk’s allegations, investigators did not recommend a charge of filing a false police report.

“Mr. Medzyk was not filing a false crime report, he was giving a statement regarding what he perceived happened when he drove through the intersection,” Smith wrote in an email. “The evidence does not support what he believed happened.”

The charge against Medzyk comes the same day the District Attorney’s Office filed misdemeanor charges of failing to disperse against four protesters arrested following a June 1 protest in San Luis Obispo in which police in riot gear shot tear gas and pepper bullets in order to disperse a crowd that gathered in front of the police station.

One additional protester from that event was charged with misdemeanor failure to disperse and resisting arrest.

They are due in San Luis Obispo Superior Court Thursday.

This article has been updated to include Patrick Fisher’s comments.

This story was originally published September 30, 2020 at 6:22 PM.