SLO police recommend misdemeanor for motorcyclist who hit protester, cite pedestrians
The San Luis Obispo Police Department is recommending county prosecutors charge a motorcyclist with a misdemeanor for striking a Black Lives Matter protester during a Sept. 2 march at a downtown San Luis Obispo crosswalk.
The Police Department announced in a Wednesday news release that it was recommending that San Luis Obispo resident David Medzyk, 59, be charged with a misdemeanor count of reckless driving for striking local Black Lives Matter organizer LeiYahna Jefferson with his bike at the corner of Higuera and Osos streets.
Jefferson was hit in the left leg by the motorcycle but did not report any serious injuries, the release said.
The Police Department said that reckless driving is defined under state law as “driving a vehicle with a willful or wanton disregard for the safety of others.”
The San Luis Obispo County District Attorney will now review the Police Department’s investigation and determine what, if any, charges will be filed in San Luis Obispo Superior Court.
A misdemeanor is punishable with up to six months in County Jail and/or a fine of up to $1,000.
In addition, the department says it is issuing citations for infractions to two pedestrians involved in the march.
The department says those pedestrians “were standing and walking outside the crosswalk area and were obstructing vehicle travel lanes at the same time and near the same corner where Mr. Medzyk struck Ms. Jefferson.”
The news release says state law requires pedestrians walking outside a crosswalk “to yield the right‐of‐way to vehicles so close as to constitute an immediate hazard.”
SLOPD Capt. Jeff Smith said the citations are for infractions — much like a speeding ticket — and may require a traffic court appearance and/or payment of a penalty for the violation.
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,” the 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.”
Smith 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.”
“SLOPD supports the rights of peaceful protesters to exercise free speech in a safe and lawful manner,” the news release said. “Motorists have a duty to use due care for the safety of pedestrians while operating their vehicles and it is a crime to fail to do so.”
But the department’s release also said, “It is also dangerous and a violation of vehicle code to stand or walk in uncontrolled vehicle travel lanes.”
“It is imperative that both motorists and protesters be extremely careful and follow the laws meant to protect pedestrian and driver safety,” Smith wrote. “The safety of everyone in our community is our most important goal.”
In video of the incident posted on social media, Medzyk is seen at a stoplight on Osos Street and turning left on to Higuera Street. Jefferson leaps out of the way as the motorcyclist guns the engine and accelerates through the crosswalk, appearing to clip Jefferson, the video shows.
Medzyk did not immediately respond to a request for comment via Facebook, where he has frequently posted comments and memes in opposition of the Black Lives Matter movement and associated protests.
One of the cited pedestrians, Artemisia Shine, told The Tribune the potential monetary fine is not what disturbs her, “it’s the heartbreak of racial injustice.”
“I’m tired. I’m disgusted. And to be real, I’m incredibly sad,” shine said via a Facebook message. “We are standing for equity, justice, Black joy, and freedom for all people of color and I put my whole life behind the achievement of that end. We’re still not going into hiding, passivity or silence.”
Since local protests over the police killing of George Floyd began in late May, there have been several incidents involving confrontations between vehicles and protest marchers. In at least two disputed events, protesters claim cars purposefully drove into them while San Luis Obispo police and CHP described the motorists as victims.
One local protest peacekeeper previously told The Tribune in July that motorists who find themselves suddenly sharing the road with a march should simply stay put and not try to navigate through demonstrators.
“Stay in your vehicle, and everyone will be by you in a few minutes,” she said. “And please, stay calm.”
This story was originally published September 16, 2020 at 2:51 PM with the headline "SLO police recommend misdemeanor for motorcyclist who hit protester, cite pedestrians."
