A Los Angeles County Sheriff's deputy whose patrol car fatally struck cyclist Milton Olin Jr. in Calabasas in December was texting shortly before the collision and may have been distracted, according to court documents.
Olin, a prominent entertainment industry attorney, was traveling in the same direction as the marked black-and-white in the 22400 block of Mulholland Highway when the car struck him in the bicycle lane at about 1:05 p.m. on Dec. 8, according to sheriff's officials.
The 65-year-old former Napster executive from Woodland Hills was pronounced dead at the scene, and Deputy Andrew Wood was transported to the hospital for minor injuries.
Wood, a 16-year department veteran, sent six text messages from his personal cell phone to a Camarillo phone number on Dec. 8 between 1 p.m. and 1:04 p.m, according to subpoenaed cell-phone records attached to an affidavit in support of a search warrant filed with Los Angeles Superior Court in May. The last of those six text messages he sent was at 1:04 p.m. and it was received by the recipient at 1:05 p.m., which was the approximate time the department said the collision occurred, according to records.
However, it was not clear Monday whether Wood was in fact texting while driving or whether it was a factor in the collision. The deputy was returning from a call at nearby Calabasas High School -- less than a mile from where Olin was struck.
"Witnesses who were in a vehicle directly behind Deputy Wood's radio car at the time of the collision told investigators that the radio car failed to negotiate the left curve in the roadway and proceeded straight into the bicycle lane," wrote Los Angeles County Sheriff's Detective Russell A. Townsley in the affidavit seeking the cell-phone records. "The witnesses also stated that they did not see any brake lights on the radio car until after they saw Mr. Olin's body in the air."
Wood did not indicate any physical impairment, nor that he was sleepy or fatigued, according to Townsley's affidavit, adding he did not appear to be under the influence of alcohol or drugs.
"Based on my experience as a traffic collision investigator, and witnesses statements indicating the radio car continued straight, failed to negotiate the left curve in the roadway, and no brake light being illuminated prior to the collision; it appears that Deputy Wood may have been distracted by using his cellular telephone or viewing and/or using the Mobile Digital Computer (MDC) in his radio car at the time of the collision," Townsley wrote in the affidavit.
Roger Granbo of the Los Angeles Office of County Counsel declined comment, saying they typically do not comment on cases currently under investigation or litigation.
The L.A. County District Attorney's office has been reviewing the case since May to determine whether or not to file criminal charges against Wood.
The Olin family filed a claim in April against Los Angeles County, the Sheriff's Department and Wood -- a precursor to a lawsuit -- contending that the deputy was "negligently, carelessly, recklessly, intentionally, or in some other actionable matter operating his vehicle."
Wood, who declined comment for this article, was transferred to court services shortly after the collision, though the deputy made that request more than a year before, a county spokesman has said.
Meanwhile, Olin's wife, Louise, is in the process of launching the Milt Olin Foundation, dedicated to eliminating cycling-related fatalities and serious injuries through education, community awareness, collaboration and advocacy. Louise Olin is partnering with nonprofit incubator Charitable Ventures of Orange County to accept tax-deductible donations until the foundation receives its nonprofit status from the IRS.
"We will work with government agencies and cities, urging them to design and build roads for motorists and cyclists to safely share," Olin wrote on the foundation's homepage. "We will advocate for lower speed limits where cyclists ride. We will educate motorists on the dangers of distracted driving. We will support and champion other organizations who share our mission. Our vision is a world with zero bike-related fatalities."
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