A bit melodramatic, our title is, but the whole thing seems a bit melodramatic sometimes. Nothing will bring Zach back but I still have questions about the night he died.
To that end, I traveled back to Baton Rouge on Tuesday. I never wanted to go back, but I did. I only told one person where I was going because I didn’t want to have to justify it ahead of time. I’ve been calling it my ‘white whale’ because it sometimes seems like an ill-fated obsession.
Well, I’m home safe now, so ‘ill-fated’ it wasn’t. My apologies to Micah and Julie for not letting you know I was in town. I had to maintain my focus and I only had a short time there. I also didn’t (don’t) want to drag them through that experience for my benefit. It’s my obsession, dammit, and I’m keeping it to myself.
Well, not really, because I’m writing about it here. Here’s what I did: I got up early and took a non stop flight to New Orleans, arriving in the early afternoon. I rented a car and drove to Baton Rouge and got a room. I then headed over to the stretch of Lee drive between Perkins Road and the site of Zach’s death. I had a camera, my voice recorder, a laser rangefinder, a notebook. It was about 5 pm and rush hour (I can only assume) was in full swing. Cars were pouring through that intersection without letup for the whole two hours I was there. Actually, by the end I thought it might have lessened somewhat but I also thought perhaps I was just getting used to it.
With the rangefinder I measured the distances all along Lee Drive. I had bought one of those rangefinders designed to be used for hunting that was good for up to 600 yards because I thought I might want to measure the whole distance all at once. In the event, I used the telephone poles along the street that were only about 25 to 50 yards apart. The accuracy of the rangefinder is 1 yard so it wasn’t civil engineering. Actually, the whole thing was pretty ad hoc but I’m not displeased with the results.
I drew a simple map of the street showing the side streets and the distances along Lee. I took pictures and video of the cars surging down Lee with special attention to how and where they merged and where exactly the pavement was no longer two cars wide. I spoke my impressions into my voice recorder.
Oh, and I brought one more thing, a stopwatch. The old fashioned kind that has three buttons on top. Actually, the old fashioned kind only had two buttons. This one is digital and had a clock mode, hence the third button. I wanted this style so I could watch the cars go by a certain point and time them along a known distance. I didn’t want to be fussing around with ‘buttons’ on my smart phone.
It worked great. I stood by one of the telephone poles and timed cars going by at the point near to where I believe Zach was hit. When I got back to the hotel room, I calculated their speeds and tabulated it all in a spreadsheet.
(I will omit a long digression where I first forgot how to calculate rates, then found that I had measured a critical distance wrong. So that last part actually took quite a while.)
I’m going to save the details for another post which will be based on a letter I will write to the Baton Rouge District Attorney asking him/her to reopen the case and file more significant charges against the driver, Shawn Allen. I also think the driver of the other vehicle, Reginald Herzog, Jr, has culpability as well as I believe the two drivers were racing each other and not paying proper attention to the road. My information is that criminal charges can be filed up to 4 years after the incident.
In the morning, after a restless night, I went back to the vicinity and made a video driving through the Perkins intersection from College onto Lee so times could be extracted from that although I did not have a camera on the speedometer.
I took some more photos, particularly of the bike, which is still there. The post accident story of the bike is here.
After that, I couldn’t think of anything else to do. It was still early, but there was nothing else in Baton Rouge for me. I drove slowly back to the New Orleans airport on back roads and flew home.
This afternoon, before leaving for Symphony, I took some time to send you my message.
Glad, at least one person knew about your getaway and you that you returned home safe and sound.
Well, knowing me, I would have done the same. Generally, it is easier for me to come to terms with things or situations that make sense. When they do not, I might take actions that others might not take or others might advise against. They might think I am prolonging my healing, accepting, and moving forward! Actually it does, but that is how I process loses and grief. I am a person that feels deeply. Hence, longer to heal.
As for you, your precious son’s life was unexpectedly, carelessly, selfishly, senselessly, immaturely, and tragically was taken away and yet, there does not seem to be any accountability! Part of your flesh or lim has been pulled apart and you are still in pain and those who have caused the act, are not making it right by you. They are probably and thankfully, living their lives, maybe with some occasional guilt, or regret. Thankfully, because they know they got away with murder and that they did not have to pay for it for the rest of their lives. What would have happened if the situation was reverse? Would they have allowed you to go on living your life as if nothing happened? I just do not think so! This Just does not make!
No matter what others might consider what is right for you to do, I would do what I need to do to make sense of it all and bring accountability!
At the same time, please remember, life is for living and others do want to see you to live, love, and play it fully! These things normally do not come to us when our hands are fillled with pain, regrets, should haves and could haves. I do remember someone telling me, butterflies will come to those with fully welcoming and open hands.
At the same time, I would do what I need to do, but not do not forget ME. I believe you are healing while you want those who harmed you to be accountable for their actions. Your son paid a high price for his choices—his life! Is that what he deserved? Who is talking on his behalf? What about those who took him away so tragically from those who loved him? What would Zachary want you to do? So sorry for your loss, Chris. No one should go they this kinda of pain!
Thank you for the thoughtful comments, Sepi. I have only one small quibble. Zach’s full name was Zacharias. This was the name of an ancestor who came to America in 1869 without the consent of his family. Zach would sometimes be referred to as Zachary and I would always correct that.
Good Morning, Chris. Hope you are doing great. I appreciate the reminder about the proper usage of the name. Also, when I re-read my comments, I realized couple of extra words in my comments. I should have reviewed my reply before submitting. Well, good lesson to always remember.👍
Thanks, Sepi. I think you’re the first person to actually read their comment after it was published. I’ve never gotten a reply to a reply before! Yeah, proofing is good. ‘Measure twice, cut once,’ I like to say. I’ll be in evenings this week.
Thank you. This blog is the only means I have in sharing my thoughts or comments with you. Hope you find this venue appropriate.
I have some thoughts for you to ponder, if you wish:
First, have you thought of visiting a Law Library and study similar cases such as yours? Law school students and law clerks spend a great deal of their time researching cases similar to theirs. Case studies are major part of our law school courses. Judges and attorneys rely heavily on case histories and hope to have their own test case.
Second, I was thinking of pedestrian crosswalks. I really thought these areas are protected areas for ALL pedestrians and bikers. Children frequently use their bikes in these crosswalks. That means the use of bikes are considered to be a “Permissible Use,” right? This protection does not depend on the pedestrians or bikers’ abilities, disabilities, conditions, etc., such as blindliness, sickness, alcohol level, slowness, fastness, or mental capacity, etc. I keep pondering as to the purpose of the pedestrian crosswalks, and the protection they are supposed to provide. Generally, people walk with tremendous confidence when they walk or take their bikes on any crosswalks, though they are cautious. If police officers continue to slap violators’ hands with just a simple traffic violation ticket, what would they do when someone loses their limbs or lives on these crosswalks? What would police actions do to the public confidence, public safety, and the public trust in obeying our traffic laws? I do think just slapping with a simple ticket and implying that “you are free to go, but don’t do it again” only protects a particular class –Vehicle Operators and not the general public. That was not the intent of the law. This power is absolute and vehicle operators must be extremely cautious approaching these protected pedestrian areas. They are not in a protected class by themselves. In addition, these laws are the same for everyone throughout the United States, here in CA and in LA. In the third world countries, if a driver kills a pedestrian, they have what they call, “Blood Money,” to make sure the family stays financially whole particularly during these sorts of tragic events. Does life mean less in BR?
Third, I should also suggest, researching to see if there is/was any conflict of interest between any or all the parties involved in the accident and the law enforcement entities, judges, and officials, etc. At times, we have learned, power can corrupt.
Fourth, great attorneys breakdown every single elements of the crime, conditions, and attempt to prove or disapprove the “Reasonable Test.” If something stinks, then it fails! BINGO!
Fifth, generally, judges tend to be just and attempt to make sure the punishment fits the crime, where possible. Who is monitoring? The ticketing officer? Does the punishment fit the crime in this case?
Sixth, last but not least, your son was a very well respected, loved and popular student at an educational institution with lots of friends, professionals, and powerful resources. I believe, you are not alone and some of them will go out of their ways to assist you to make sure justice is served. I believe you can tap on these remarkable resources and encourage them to tap into their resources such as seeking legal assistance, networks, multi media, public pressure, etc. I know they are great in organizing marches and campaigns.
I am confident no one is happy with the outcome. I do not like the outcome of your case and would be happy to assist in helping you to fight your case.
Sepi
No, I haven’t thought of becoming my own lawyer. What I have envisioned could be considered essentially the same thing, though. Every lawyer I have talked to has not taken my ideas seriously. Why? Perhaps because there is no case. Or perhaps because of some other factors such as you have mentioned.
Most of the people in BR who loved Zach have been dealing with their grief in their own way. No one has stepped up to offer any help in this little crusade of mine. I don’t feel that it is reasonable to ask for their help. If they read this blog and contact me with ideas, of course I will pursue them.
‘Does life mean less in BR?’ is a highly charged question for me. It’s an interesting question. Our experience with Zach does not lead me to a happy answer.
Here is a link to an earlier post that touches on this: http://thezachproject.us/index.php/2016/08/10/reality/
I enjoyed reading your comments. Would love to talk later. Thank you.
Sepi