Second charge filed against motorcyclist who drove into Black Lives Matter protester
San Luis Obispo County prosecutors added a new count in their complaint against a motorcyclist charged with reckless driving for striking a Black Lives Matter protester with his bike in a downtown crosswalk.
At his second arraignment Wednesday, David Medzyk, 59, again entered no plea to the single misdemeanor charge.
But following the hearing, Deputy District Attorney Amy Fitzpatrick submitted an amended complaint that includes an additional misdemeanor charge of reckless driving resulting in bodily injury.
Medzyk is accused of driving through a crosswalk and striking protester LeiYahna Jefferson, who told The Tribune that Medzyk made contact with her but she was not seriously injured.
Though the new complaint has been received by the court, Superior Court Judge Hernaldo Baltodano is scheduled to address it at Medzyk’s further arraignment Jan. 20.
In the meantime, court records show Medzyk has been appointed several defense attorneys who ultimately declared conflicts in the case, including at one point, Patrick Fisher, the local attorney for Black Lives Matters activist Tianna Arata.
Medzyk’s most recent attorney, Paul Phillips, confirmed Thursday that he accepted his appointment to represent the San Luis Obispo resident. Acknowledging that the case has garnered substantial public interest, Phillips declined to comment on specifics of the case Thursday, saying he had only just received discovery in the case.
Reckless driving is defined under state law as “driving a vehicle with a willful or wanton disregard for the safety of others.”
If convicted, Medzyk faces a maximum penalty of six months in County Jail and a $1,000 fine per charge.
Video shows motorcyclist driving through protesters
Video captured the Sept. 2 incident in which Medzyk is seen idling his bike at the intersection of Higuera and Osos streets as he waited to turn left onto Higuera while protesters were crossing the street, heading southward.
After leaving the frame, Medzyk’s bike suddenly surges onto the scene, forcing a protester to leap out of the way just in time to avoid being directly hit. The woman was slightly struck in the leg and is seen bracing herself for impact with her arm as Medzyk speeds through.
After the incident, Medzyk posted on social media that he 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 (the protester) as Mr. Medzyck accelerated around the corner and through the crosswalk,” a police news release later said.
Police did not recommend a charge of filing a false police report, but recommended that the District Attorney’s Office file the reckless driving charge.
Two protesters who were crossing the street but not hit by Medzyk were also cited by the city with administrative infractions for allegedly walking outside the crosswalk.
