Chicago Sun Times Road Rage Verdict

Driver guilty of mowing down
cyclist

December 5, 2001

BY CARLOS SADOVI CRIMINAL COURTS REPORTER

A jury on Tuesday found a Bellwood man guilty of using his Chevy
Tahoe SUV to intentionally run down a bicyclist in 1999 in a fit of
road rage.

As the verdict was read to a packed courtroom after two days of
deliberations, the family of Carnell Fitzpatrick wailed and cried out.
Fitzpatrick, 31, could face up to 60 years in prison after the jury
found him guilty of first-degree murder.

Tom McBride, 26, was killed on April 26, 1999, as he rode his
bicycle from his Oak Park home to his job in the Loop as a bicycle
messenger.

Prosecutors argued that Fitzpatrick intentionally mowed down
McBride, while defense lawyers argued the death was an accident.

''When you have a 3-ton vehicle and maybe a 20-pound bicycle
there is no even match, it's very skewed,'' Assistant Cook County
State's Attorney Lynda Peters said. ''The message that is sent by this
verdict is that bicycles have the right to be out there. Tom McBride
had the right to be on that road.'' She said it was the first
vehicle-bike road rage case to be tried in Cook County.

Prosecutors said Fitzpatrick ran into McBride after the cyclist
slapped his hand on the hood of the SUV and swore at Fitzpatrick
who had nearly hit him as they traveled along the 5300 block of
West Washington.

A key witness told police and a grand jury that he saw Fitzpatrick
nearly hit McBride with his truck and then drive after him. Jerry
Carter III, however, recanted his testimony during the trial when it
was revealed that he had been threatened for speaking out.

Prosecutors then presented Carter's grand jury testimony and
statements he made to police on the day McBride died.

Jurors said that during their deliberations they compared Fitzpatrick's
truck to a weapon.

''We didn't believe Carnell wanted to murder him but he made a
decision to go after him by his actions,'' said a juror, who asked that
his name not be used.

During the nearly 16 hours of deliberations, jurors grappled with
possibly convicting Fitzpatrick of reckless homicide, a lesser offense.

They also said Carter's first statements to police and the grand jury
were more believable than his recantation and that witness testimony
by two other men backed up Carter's initial claims.

''We felt something was up,'' a juror said.

Fitzpatrick's family and friends were too upset to discuss the verdict.

''This is the wrong time to ask someone when their son has been
convicted of murder,'' a family member said.

But McBride's family applauded assistant state's attorneys Patrick
Kelly and Peters, who tried the case.

''The prosecutors did a great job, we are grateful to them,''
McBride's mother Mary Ellen said.

Nearly a half dozen of McBride's fellow bike messengers and other
bicyclists rode to the courthouse every day of the weeklong trial.

The verdict should send a message that cars must be more careful of
bicyclists' rights on the road, said George Christensen, a bike
messenger. He and McBride worked for the same company for
nearly seven years.

''It's nice to have this on the record, it's assurance that the law is
on our side,'' Christensen said. ''Vehicles are murder weapons. Had he
used a gun it would have been more clear cut.''

While McBride may have exacerbated the confrontation when he
swore at Fitzpatrick and hit his truck, it's something that bicycle
messengers grapple with every day. Along with bags and helmets
many carry repellent for protection against drivers, he said.

''When you're nearly killed out there, it's hard to let that pass,'' he
said as he broke down in tears. ''The toughest day was the day after
he was killed. He really liked being a messenger, I could feel his
presence that day.''