Charges set for Hoka Hey motorcyclist who hit two people on bicycle
by Tim Mowry / tmowry@newsminer.com
Oct 31, 2011 | 7517 views | 15 15 comments | 8 8 recommendations | email to a friend | print
FAIRBANKS — A Seattle motorcyclist who fell asleep and ran into two bicyclists near Nenana in June 2010 while participating in the last leg of a cross-country motorcycle race from Florida to Alaska accepted a plea deal with the state Monday that requires her to serve 16 months in jail and pay restitution to the two cyclists, neither of whom was seriously injured.

Vik Livingston, 54, originally was charged with two counts of second-degree felony assault, but the charges were reduced to fourth-degree misdemeanor assault as a result of Monday’s plea deal. A drunken-driving charge against Livingston was dropped previously because of lack of evidence.

The plea deal came on the day Livingston’s trial in Fairbanks Superior Court was scheduled to begin. It will be up to the Department of Corrections to decide whether Livingston will serve jail time or be monitored electronically in Seattle, assistant district attorney Arne Soldwedel said.

Livingston was competing in the Hoka Hey Challenge, an 8,000-mile motorcycle race from Key West, Fla., to Homer that is billed as the Iditarod of Harley-Davidsons, when the motorcycle plowed into cyclists Andy Hutten and Karen Schaad, who were riding on the shoulder of the road near 306 Mile of the Parks Highway, about 50 miles south of Fairbanks.

Hutten suffered a bad cut on his leg and a Schaad had a chipped vertebrae and cracked pelvis. Both cyclists suffered bad road rash as a result of sliding an estimated 30 feet on the pavement.

Livingston wound up in Fairbanks Memorial Hospital with cracked ribs, a broken clavicle and a punctured lung.

Alaska State Troopers reported there were no signs that Livingston swerved or braked until after hitting the first cyclist, which is consistent with accidents where people fall asleep at the wheel. Livingston, meanwhile, claimed to have swerved onto the shoulder of the road to avoid a car that had braked suddenly.

“I feel bad people got hurt,” Livingston said in a statement to Judge Robert Downes. “There was no intention of going out and hurting anybody.”

Soldwedel said the plea deal was in the state’s best interests.

“Given the numerous inherent difficulties in prosecuting this case, I believe we have achieved a decent result without risking a ‘not guilty’ verdict,” he wrote in an email following announcement of the plea deal.

“Essentially, I did not believe that the evidence we had gotten fit the elements of that offense, and based on the information that we have it is unlikely that the defendant was under the influence of any intoxicating substance at the time of the accident,” he wrote. “Because the defendant was on the last leg of the Hoka Hey Challenge road race, our theory of the case was that the defendant basically fell asleep at the wheel and ran into the victims.”

Livingston’s attorney, Al Vacura, said the plea deal was “a fair resolution considering the pros and cons of a trial.”

Neither Hutten nor Schaad, who have filed a civil suit against Livingston, appeared in court.

As part of the plea deal, Livingston must pay restitution to the cyclists, who were riding bikes valued at approximately $9,000.

The crash involving Livingston was one of two involving riders in the Hoka Hey Challenge in Alaska, including one fatal accident. Kenneth J. Greene, 63, of Ocala, Fla., was killed at 107 Mile of the Glenn Highway between Palmer and Glennallen when he drove onto the shoulder, lost control and crashed. That was not part of the official route, but Greene was evidently taking a shortcut to reach Homer. Another rider, Charles C. Lynn, 44, of Florida, died in Wyoming when he apparently fell asleep and crashed.

The race, in which riders must follow a specific course down to the exact street as mapped out by organizers, was marred by confusion and controversy, with several racers alleging the race is a scam and there was no possible way to follow the course as it was mapped out. Riders paid a $1,000 entry fee. Nearly 800 people began the race June 20 in Florida. About 200 made it to Alaska.

The first two racers — Frank Kelly, of Prosperity, S.C., and Will Barclay, of Highland, Fla. — arrived in Homer June 28 to tie for first place. They covered the 8,482-mile course in 190 hours. They eventually were paid their $500,000 in gold about a month and a half after the race ended.

The race is named after the Lakota battle cry of legendary Sioux warrior Crazy Horse and means “it’s a good day to die.”

Contact staff writer Tim Mowry at 459-7587.
Comments
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Justliberty
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November 02, 2011
BudO_

You make a good point, that is why I think that it is a civil matter (a 'tort) not a criminal matter. The motorcyclist how apparently ran over the bicyclists did not commit a crime against the community and he certainly didn't intend to hurt anyone. He simply behaved negligently which caused injury to another person.

Similarly, racing bicycles on public roads shared by motorized vehicles strikes me as negligent behavior. Granted that bicyclist is less likely to injure another motorist but his focus on racing is more likely to be a contributing factor if an 'accident' should occur.

All that would have to be sorted out as a civil matter under the law of torts. But it isn't a criminal matter.
dablueshound
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November 02, 2011
"Charges set for Hoka Hey motorcyclist who hit two people on bicycle"

How did two people fit on a bicycle?

BudO_Fairbanks
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November 02, 2011
That raises the question; should any races be held on a public roadway? There will always be dangers involved with a race.

Bicycle races and practice runs are often held on Murphy Dome road; a narrow road, with many blind curves, blind hills, plenty of shadow, and no shoulders. Often these occur during the heaviest traffic periods, and many times the cyclists are riding two wide. This is extremely dangerous for the cyclists AND motorists traveling the road.

I wonder, when one (or two) of the cyclists cause an accident during one of these dangerous races will they, or the organizers, be held responsible? Will criminal charges be filed if someone is injured?

I wonder.

The road runs both ways.



really_wow
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November 02, 2011
Here are links from past NM articles

‘Hoka Hey’ motorcycle riders head for Fairbanks

Jun 24, 2010

http://www.newsminer.com/view/full_story/8048047/article-‘Hoka-Hey’-motorcycle-riders-head-for-Fairbanks?

Hoka Hey motorcycle rider hits two cyclists in Interior Alaska

Jul 02, 2010

http://www.newsminer.com/view/full_story/8194631/article-Hoka-Hey-motorcycle-rider-hits-two-cyclists-in-Interior-Alaska?

Motorcycle race through Alaska plagued with accidents, safety concerns

Jul 08, 2010

http://www.newsminer.com/view/full_story/8556459/article-Motorcycle-race-through-Alaska-plagued-with-accidents--safety-concerns?

Justliberty
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November 01, 2011
I don't agree that a 'criminal act' was committed, and I see now point in putting the gentleman in jail, but I do believe that the motorcyclist who hit the bicyclists while participating in a race with a title that translates "its a good day to die" was behaving in a "grossly negligent" manner by simply participating.

I'm not opposed to doing stupid things, but when someone else is hurt because of your stupidity they are entitled to compensation.
Freeride_Fairbanks
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November 01, 2011
"...to the two cyclists, neither of whom was seriously injured."

"...Schaad had a chipped vertebrae and cracked pelvis."

Not sure about you but if someone chipped my spine and broke my pelvis, I would consider myself seriously injured. You may want to check your wording.

doubledumb
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November 01, 2011
SomethingForNothing.....it's just the inconsistent sentencting from the court that bothers me. A friend of mine, here in Fairbanks, was drunk, caused/and got into a drunk driving accident. The passenger in the car my Drunk friend hit DIED. My friend got 30 days in jail, actually a few days less for good time. Now you tell me where the justice is. I'm beginning to think that a computer could be programbed to give a more appropiate and uniform sentence than these well "learned" judges. The computer would naturally work from above the table.
OpusThePoet
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November 01, 2011
Yes, Mr 1Bull Moose, those motorcyclists having a race on public highways are very dangerous. The bicyclists may have been just going on a camping trip, or going to work, or riding for any number of reasons that have nothing to do with recreation. Plus they have this pesky right to use the roads because they don't actually kill tens of thousands of people every year like motor vehicle operators in spite of being licensed and registered as knowing how to operate their vehicles as a conditional privilege... Until recently in spite of massive engineering and law-enforcement efforts in all 50 states resulted in more people killed by motor vehicles than by any other source combined, now it is /just/ the largest source of dead bodies in the country, the number one killer of children and adults under 35, and that's only if you don't count the number of people killed by motor vehicle pollution.
ChenaSteemer
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November 01, 2011
What the heck was he doing up by Nenana if he was headed to Homer from Key West? what a great race.
1BullMoose
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November 01, 2011
Recreating on the highway is very dangerous.

Because you are mixing high speed traffic with low speed traffic. When there is a conflict, metal wins over skin.

50% responsibly for the accident lies with the people recreating in a very dangerous location playing Russian roulette.

really_wow
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November 01, 2011
The Department of Corrections should decide Livingston will serve jail time in Alaska where the crimes occurred, where the victims live.....

Set a payment plan & deadline for Livingston to pay the restitution to the cyclists with additional sentencing if not followed. As well as all court cost.

Her goal of winning $500,000 in gold was harmful to innocent Alaskans....

SomethingForNothing
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November 01, 2011
ya lar those dang "cyclists" (not sure why you put that in quotes but I'll do so too) think they have a "right" to ride on the road when fact they actually do have the legal right to do so. Odd that.

They were btw ridingon the shoulder of the road when this bozo crashed into them.

DD seems to think that just because no one was seriously injured or killed that breaking the law while driving is something that one shouldn't be penalized for. fortunately the prosecutors didn't seek advice from mr. DD.
Larmex
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November 01, 2011
Any fool that rides a bicyle along a busy highway needs to have a complete head exam. Mixing fast and slow anything is just asking for trouble. I dont know if there are "bike trails" in that area or not, but my expereances with "cyclist" is that they insist they have the "right" to ride on the highway. Yea DEAD RIGHT,,,
doubledumb
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November 01, 2011
Nobody seriously hurt.....but their from out of state, so lets just drain all their blood and money, and show them they can't be comming to our state and causing such havoc.
SomethingForNothing
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November 01, 2011
Some good attorney either with the state or a personal injury specialist needs to find a way to haul the sponsor of this race into court. These sorts of races need to be stooped.
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