Federal charges against Nachez parkway hit and run piece of shit

[Benny Profane]

I searched for the thread about this and couldn't find it. Hopefully these charges stick, but, in the end, this scumbag is fucked. His own son turned him in.
Go pros may be dorky, but, none of this would have happened without the video evidence.

This is remarkable--subject arrested federally. US Attorney Jack Smith is an IM athlete and active ST member...

Jack Smith

Acting United States Attorney

MIDDLE DISTRICT OF TENNESSEE

__________________________________________________ _____________________



FRANKLIN, TENNESSEE MAN FACING FEDERAL CHARGES RESULTING FROM HIT & RUN OF BICYCLIST ON NATCHEZ TRACE PARKWAY


NASHVILLE, Tenn. – July 28, 2017 – Marshall Neely, III, 58, of Franklin, Tenn., was indicted yesterday by a federal grand jury and charged with reckless aggravated assault; lying to a federal agent; and obstruction of justice, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.

The federal indictment is a result of an incident on July 8, 2017, on the Natchez Trace Parkway, where a bicyclist was struck by a vehicle and injured. The driver of the vehicle, later identified as Marshall Neely, III, failed to stop and left the scene of the incident.

“Middle Tennessee is an area where bicycle traffic is abundant and growing daily,” said Acting U.S. Attorney Jack Smith. “Our roads are used both by recreational bicyclists as well as a growing number of citizens who use alternative methods of transportation to get to and from their workplaces. To achieve the sense of community that we all want for our area we must respect the rights of others in our community to live and move about the area. That means drivers of automobiles respecting the right of bicyclists to use our roads and bicyclists respecting the right of drivers to use our roads as well. The wanton recklessness exhibited by this defendant could easily have taken the life of the victim in this case. Such indifference to human life cannot be tolerated as it places all our bicycling citizens in grave danger. Whenever such blatant disregard for our citizen’s safety occurs on roadways under federal jurisdiction, you can expect that this U.S. Attorney’s Office will move swiftly to seek the appropriate avenue of justice.”

According to the indictment, on the morning of July 8, 2017, two individuals were riding bicycles along the Natchez Trace Parkway in Williamson County, Tennessee, when a black Volvo struck one of the individuals from behind. The impact caused the bicyclist to be thrown from his bicycle and he sustained injuries which required him to be transported by ambulance to the Williamson County Medical Center for treatment. Despite the impact, the driver of the Volvo did not slow down or stop but instead, continued on.

As the indictment alleges, the incident was captured on video by a helmet-mounted camera being used by the other bicyclist. This video was later posted to the internet and used to identify the owner of the vehicle as Marshall Neely, III.

Late in the afternoon on July 8, 2017, the indictment alleges that Neely’s son went to the Williamson County Sheriff’s Department and reported that the vehicle that struck the bicyclist belonged to his father and stated that he recognized the “Dartmouth, “Rice,” and “Boston” stickers on the back windshield, as depicted in the video. When law enforcement officers arrived at Neely’s home that evening, the indictment alleges that the Volvo was parked in the grass behind the garage and the “Dartmouth” and “Rice” stickers had been removed from the back windshield. Officers also noted that residue from a cleaning agent was visible on the right front of the vehicle where it had struck the bicyclist.

The indictment further alleges that shortly after observing the condition of the Volvo, officers found Neely in his home and unconscious on the floor. After being roused by law enforcement officers, Neely told the officers that while he was driving on the Parkway, earlier that morning, a bicyclist threw his bicycle at him. The indictment also alleges that Neely admitted to removing the stickers from his vehicle to prevent him from being identified.

Neely was arrested at his home earlier today by U.S. National Park Service Rangers and will appear before a U.S. Magistrate later today.

If convicted, Neely faces 2-12 years in prison on the reckless aggravated assault charge; up to 5 years in prison for lying to a federal agent; and up to 20 years in prison for obstructing justice.

This case was investigated by the National Park Service and the Williamson County Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorney Sara Beth Myers.

[::: :::]

Yeah, the vid was posted here earlier...maybe in the fucking cyclist thread

Interesting the prosecutor is on slowtwitch and an ironman...extra prosecutorial energy

[3PinGrin]

It's not right what the driver did, but that cyclist should have moved over more or gone single file after the truck honked. It's no wonder so many hate cyclists (and I'm an avid cyclist). So many cyclists are a bunch of self serving pricks.

[toast2266]

[wyeaster]

jesus. that is fucking nuts. the driver and the rider are both lucky the cyclist isn't dead. that said, if i am anywhere near a main or traveled road, i ride as close to the white line as possible and only in single file. it's just not worth it.

[TBS]

It's not right what the driver did, but that cyclist should have moved over more or gone single file after the truck honked. It's no wonder so many hate cyclists (and I'm an avid cyclist). So many cyclists are a bunch of self serving pricks.

You are both a moron and a douchebag

[3PinGrin]

You are both a moron and a douchebag

I'm not condoning what the driver did and absolutely think he should be punished for his act. He's obviously a grade A asshole. I am speaking to rage created by cyclists being self righteous in their ownership of the road. The cyclist was not following Tennessee code as per TCA 55-8-175 subdivision (b) (1) which states in part "Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane."

As far as his comment "out of nowhere" what about the truck that just honked at him! Should have been a major heads up, eh?

They were creating an unsafe passing situation and impeding reasonable movement by motorists on a blind double yellow corner. Not cool, unless you're a cyclist that thinks the law doesn't apply to you. Like I said, self serving pricks. I'm on my bikes every week, pavement and dirt and get tired of the situation created by other cyclists that aren't respecting rules of the road. It really pisses me off because it creates dangerous situations for the rest of us that are trying to follow the rules and exhibit some level of courteous behavior to automobiles.

[DasBlunt]

no shoulder.....they had no where to go ^^^^^ dickbag.

[3PinGrin]

I can understand what you are saying about adhering to the rules of the road... Cyclists as a group are notorious for behaving like cars ones second then acting like a pedestrian the next ... However. If the car in front if me is disobeying the law, it does not entitle me to ram him from behind.. and that section of road was a double yellow line.. so the cyclist wasn't creating an unsafe passing situation. The vehicles passing him on that double yellow corner were the ones creating the unsafe scenario. Just as if they were going to overtake a slower moving vehicle, they should have waited until a safe passing opportunity presented.

I would argue that they were impeding the normal flow of traffic. Even slow cars are much faster than cycles on the flat. They also were not complying with additional parts of aforementioned code: (a) (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
(A) When overtaking and passing another vehicle proceeding in the same direction;
(B) When preparing for a left turn at an intersection or into a private road or driveway; or
(C) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, "substandard width lane" means a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

[toast2266]

I would argue that they were impeding the normal flow of traffic. Even slow cars are much faster than cycles on the flat. They also were not complying with additional parts of aforementioned code: (a) (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
(A) When overtaking and passing another vehicle proceeding in the same direction;
(B) When preparing for a left turn at an intersection or into a private road or driveway; or
(C) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, "substandard width lane" means a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

They were on the Natchez Trace, which is a designated bike route and is overseen by the National Park Service. This isn't some random backroad - this is a huge cycling route that sees a ton of bike traffic. The NPS also signs the road accordingly, and there are signs that state that bicycles may use the full lane, and that cars should change lanes to pass.

So no, the cyclist wasn't doing anything wrong.

[Dee Hubbs]

The cyclist was not following Tennessee code as per TCA 55-8-175 subdivision (b) (1) which states in part "Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane."

The accident happened in a Natchez Trace Parkway. It is governed by the National Park Service and it designates the entire parkway as a bike route. The laws for cyclist are different on the parkway than those enforced by the state of Tennessee. There are numerous signs along the parkway to instruct cars they will encounter cyclists and to share the road with bicycles. The parkway is designed for recreation with minimal entrances and exits to/from the parkway to keep commuting traffic to a minimum. It also prohibits all commercial vehicles and any form of commercial traffic. The parkway speed limit is set to a maximum speed limit of 50 mph for all cars, and does not have a minimum limit for cyclists. Its advertised to cyclist "that motorized traffic is generally very light".

With the proper information of where this incident happened I think all the ideas of "get off the road and out of the way of commuting motorists" do not apply to this situation.

[3PinGrin]

They were on the Natchez Trace, which is a designated bike route and is overseen by the National Park Service. This isn't some random backroad - this is a huge cycling route that sees a ton of bike traffic. The NPS also signs the road accordingly, and there are signs that state that bicycles may use the full lane, and that cars should change lanes to pass.

Okay, sounds like they weren't breaking the law in this instance, and retract prior statements for this particular situation because I wasn't familiar with this route. It happens frequently elsewhere though in this same type of situation and then everyone jumps on the bandwagon and cries foul on the part of the motorist when in fact the cyclists were creating their own dangerous situation.

All that being said, fuck the motorist in this situation as it was clearly intentional. But I still get pissed at cyclists creating problems for the rest of us. I have been yelled at, spit at, bottles thrown, and hopped off my bike and charged a car once so I get the asshole motorist mentality too. But there are a hell of a lot of cyclists that exhibit a holier than thou attitude when it comes to sharing the road and abiding by the rules.

[Benny Profane]

Dude, the person who was hit is like 26 or something. Literally the first time he was on a bike in years. In other words, a real novice, but, we all have our gaper period on bikes, right? Just like skis. His buddy probably said, c'mon, let's go bike the Natchez road, it's a national park, it's essentially a bike path (like most national parks, but this one had signage) , it's safe, it's cool. Probably the last place with auto traffic you would expect some asshole to intentionally run you over, which is what this person did. Fortunately, his buddy is kinda geeky and had a GoPro that recorded this. If it wasn't for that, this would have been just like any bike accident, where the driver is assumed to be correct in any incident. Who knows, even with that video, there may be a juror or two that would still try to convict the biker, not the driver. It's that bad. And, one reason it's that bad, is because so many are open to bonehead stupid arguments like yours that this motherfucker had an inkling of a right to run that poor person over on their bicycle, intentionally. It's a constant struggle in the world of cycling litigation. Fat, stupid, bitter motherfuckers driving around who hate cyclists, and some of them make it to juries in cases like this. I hope they get a good ten year or so plea bargain out of this. Put him into some rapist filled Fed jail.

[gravitylover]

They were on the Natchez Trace, which is a designated bike route and is overseen by the National Park Service. This isn't some random backroad - this is a huge cycling route that sees a ton of bike traffic. The NPS also signs the road accordingly, and there are signs that state that bicycles may use the full lane, and that cars should change lanes to pass.

So no, the cyclist wasn't doing anything wrong.

This. Riders are encouraged to use the space they need on this road but the prudent and respectful thing to do when there is traffic coming is to share that space. This doesn't mean ride the fog line as that is probably the most dangerous part of the road to ride (hint Wyeaster) but it does mean share the road. Most of us know that the edge of the road in rural areas is sketchy and that's where you'll find most of the debris too so I would probably have been about 3 feet off the edge but still not making it difficult for cars to go around me.

When this guys son was confronted on FB before he went and turned his dad in he explained the type of garbage the guy is.

[::: :::]

Dude, the person who was hit is like 26 or something. Literally the first time he was on a bike in years. In other words, a real novice, but, we all have our gaper period on bikes, right? Just like skis. His buddy probably said, c'mon, let's go bike the Natchez road, it's a national park, it's essentially a bike path (like most national parks, but this one had signage) , it's safe, it's cool. Probably the last place with auto traffic you would expect some asshole to intentionally run you over, which is what this person did. Fortunately, his buddy is kinda geeky and had a GoPro that recorded this. If it wasn't for that, this would have been just like any bike accident, where the driver is assumed to be correct in any incident. Who knows, even with that video, there may be a juror or two that would still try to convict the biker, not the driver. It's that bad. And, one reason it's that bad, is because so many are open to bonehead stupid arguments like yours that this motherfucker had an inkling of a right to run that poor person over on their bicycle, intentionally. It's a constant struggle in the world of cycling litigation. Fat, stupid, bitter motherfuckers driving around who hate cyclists, and some of them make it to juries in cases like this. I hope they get a good ten year or so plea bargain out of this. Put him into some rapist filled Fed jail.

Thank you, Benny

[3PinGrin]

And, one reason it's that bad, is because so many are open to bonehead stupid arguments like yours that this motherfucker had an inkling of a right to run that poor person over on their bicycle, intentionally.

You're putting words out there that never came from me. I never said the right was there, I said I understood where the frustration came from.

FIFY:
It's a constant struggle in the world of cycling litigation. Arrogant, bitter motherfuckers cycling around who hate all motorists..

[Benny Profane]

Jesus dude, we drive too. Give it up already.

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[3PinGrin]

Jesus dude, we drive too. Give it up already.

Do you drive like an asshole too, or is that reserved for cycling?

[Benny Profane]

Fuck off. I gave you some slack, but you just crossed a line. Get outta here.

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[3PinGrin]

Fuck off. I gave you some slack, but you just crossed a line. Get outta here.

I never asked for, or needed, any slack. I just ask that cyclists give some thought to what I have said, because that's what's behind a lot of the sentiment among non-cyclists that is leading to the mentality of litigation you referred to IMO. Respect goes both ways, and I see big issues on both sides of the fence.

Your thread though, and I said my peace. Out.

[concretejungle]

Hey guys did someone show up to this thread and make excuses for the driver yet? Because that one never gets old.

[KenJongIll]

I used to live in Jackson, MS. (The Natchez Trace Parkway passes thru there from Nashville to Natchez, MS)

The "Trace" was the scariest place to ride in the entire area IMO, and that was before cell phone texting was a thing. Tri guys loved it cause it was flat and smooth. Road racing guys didn't frequent it much as we liked the county back roads. . I was terrified every time I rode the trace, despite how serene it was and the 50mph speed limit. And my last residence was literally a 3 minute ride to get to the trace.

[muted]

3pingrin is just saying it how it is. You guys are part of the problem.

(Edited out a much ruder opinion of y'all.)

[digitaldeath]

Doesn't look like a bike bath

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[My Pet Powder Goat]

That guy was practically biking on the yellow line and double file...Not saying you run him over, but that's fucking bullshit; Riding double file is often illegal and for good reason