After watching video, judge rejects diversion deal for motorcyclist who hit SLO protester
A San Luis Obispo judge ruled Wednesday that a man who struck a Black Lives Matter protester with his motorcycle in a downtown crosswalk during a protest last summer will not have his case dismissed through a diversion program.
The judge said the ruling likely would have gone the other way — had there not been cell phone video.
“I’ve watched the video at least a dozen times,” Superior Court Judge Hernaldo Baltodano said at a Wednesday court hearing. “I think it’s incredibly telling.”
David Medzyk, 59, has pleaded not guilty to two misdemeanor counts of reckless driving, one count of which alleges injury to the victim, for revving his bike through the crosswalk at the intersection of Higuera and Osos streets and striking protester LeiYahna Jefferson, who was crossing the street southward.
Jefferson was not seriously injured, but she told investigators she experienced pain in her arm and leg from the impact.
Reckless driving is defined under state law as “driving a vehicle with a willful or wanton disregard for the safety of others.”
Medzyk has been in court twice in the last week via Zoom to ask Baltodano to grant a request for pre-trial misdemeanor diversion, which would ultimately result in the case being dismissed.
If agreed upon by a judge and defendant, the court’s misdemeanor diversion program allows a defendant to participate in some type of community service, classes or restorative justice option, based on the charge, rather than suffer a criminal conviction and serve jail time.
The program, created under a law signed by Gov. Gavin Newsom in September, allows for all records of the person’s arrest to disappear from a defendant’s criminal record after successful completion of the terms.
Otherwise, misdemeanor charges each carry a maximum penalty of six months in County Jail and a $1,000 fine.
Video shows motorcyclist driving through protesters
Cell phone video captured the Sept. 2 incident at the intersection of Higuera and Osos streets in which Medzyk is seen idling his bike as he waited to turn left onto Higuera while protesters were crossing the street, heading south.
After leaving the frame, Medzyk’s bike suddenly accelerates into the scene, forcing a protester to leap out of the way just in time to avoid being directly hit. Jefferson was slightly struck in the leg and is seen bracing herself for impact with her arm as Medzyk speeds through.
After the incident, Medzyk immediately drove to the police station and filed a report claiming those in the crosswalk attempted to knock his motorcycle down, and that Jefferson grabbed his handlebars.
Police said in a news release that video contradicted Medzyk’s account, but the agency did not recommend the DA’s Office file a charge of filing a false police report. It did recommend that the District Attorney’s Office file the reckless driving charge. The DA’s Office initially charged one count of reckless driving, then added a second charge reckless driving resulting in injury after further review.
Incident ‘did appear intentional,’ judge says
At the conclusion of Wednesday’s hearing, Baltodano said that he is very familiar with the intersection one block from the courthouse.
He noted that the diversion process allows him the opportunity to act as “fact-finder” to determine whether diversion is suitable in a criminal case.
Baltodano noted that Medzyk is indisputably eligible for diversion, and that after reading the “very voluminous” police reports in the case, but prior to seeing the video, he was leaning toward granting Medzyk’s request.
“He’s a veteran, a longtime resident of our county, he has no prior criminal history ... and he’s amenable to restitution,” Baltodano said. “But my inquiry does not stop there.”
He said that the video he watched “depicts intentional conduct, driving a motorcycle into a pedestrian.”
“To me, watching the video, it did appear intentional,” Baltodano said.
Furthermore, the judge said, Medzyk “did actually apply force on another person,” and that Jefferson’s left arm and right knee “took the majority of the impact.”
Baltodano also noted Medzyk’s false report to San Luis Obispo police.
“It’s just my opinion — I get to be the fact-finder today — to me, the video in no way seems to support Mr. Medzyk’s statement (to police),” he said. “The statements are at best hyperbole. At worst, they’re false. For those reasons I’m using my discretion to deny misdemeanor diversion.”
He added: “Mr. Medzyk will have his day in court.”
A pre-trial conference is scheduled for next month.
Deputy District Attorney Amy Fitzpatrick said last week she’s offered Medzyk a plea agreement to plead no contest to a single count of reckless driving in exchange for a 30-day County Jail sentence (he would likely serve less than half that time), a fine of $1,150, and 80 hours of community service.
After the court hearing adjourned, Fitzpatrick told defense attorney Paul Phillips over Zoom that the prosecution’s offer for a plea agreement is still on the table.
The local judge’s ruling comes following the passage of laws in two states — Oklahoma and Florida — that grant immunity to motorists who strike pedestrian protesters if the drivers have a reasonable belief that they are in danger.
Several other states have introduced similar legislation.
