The dream

The dream came again tonight. That’s the fourth time in about two weeks. It’s usually in the morning but tonight it is late. I decided to wrote about it instead of chewing it over while trying to find untroubled sleep.

It’s pretty much the same every time: the viewpoint is right along the truck as Zach’s head hits the windshield and his body – for i hope it’s his body already and he’s not conscious any more because the next thing is his body flies through the air and hits the ground in front of the truck as it’s slowing but it hasn’t slowed enough so the right front wheel rolls over Zach, completing the job.

I don’t see Zach’s face; even the body is sort of a blur. I don’t see the bike or the other truck or the people in the trucks. It’s probably over in about the time it actually happened: 15 or 20 seconds from the first thud to silence. I know there was Micah’s running steps and the driver saying, ‘You can’t pin this on me!’ But that’s not part of the dream.

it’s not the anniversary, nothing obvious has happened to me on the road lately. They’re just coming.

We took a walk today with a friend of ours who recently lost her husband of over 40 years very suddenly. Like Zach, he went from seemingly perfectly healthy to dead within seconds. She’s completely bereft and I tried to comfort her today by talking about losing Zach. I don’t think it helped as much as just getting out and getting some exercise.

Tschotskes

‘A small bauble or miscellaneous item‘ says Wikipedia. Websters has ‘knickknack, trinket’. The word always had a connotation to me of ‘worthless except to one person’.

I did some cleaning in the garage the other day and unearthed a box filled with stuff that I had had on display on my apartment. There really isn’t a place for it here but I brought the box up to look through carefully. It’s mostly pictures in frames, which I am loath to get rid of. Sepi has lots of paintings, many of which are still in the garage, but paintings and guitars, not family pictures, are our principal wall adornments.

The other things in the box I would definitely call tschotsckes. A little clay wind chime that wouldn’t survive being put out of doors here. Little souvenirs from Germany, Zanesville, Paraguay and other places: plates, ashtrays, trivets.

And some things that remind me of Zach: a button with the picture from his first year in Little League. A ceramic hand print labelled December 1991 when he would have just turned 3. A ‘Panik 12′ button, referring to the Giants’ second baseman Joe Panik, that was on his backpack. A ceramic ‘Z’ that Rosalie made a couple of years ago.

And something I picked up on the side of the street across from his house less than 36 hours after his death:

It’s the lens from his sunglasses that he was wearing that day.

It caught me by surprise. I hadn’t thought about it for a long time. I suppose I would see it occasionally on the table as I went in and out of my apartment. Realistically, I should just toss it. I’ve got all the pictures. I even went back and watched the video I made that day walking along the street with the cars zipping by only about ten feet from me at 40 or 50 miles an hour. In the video, I see the lens in the grass alongside the road and bend down to pick it up. I was not sure it was his, but it all hangs together and I choose to think that it was his.

The ‘Z’ is now up on my dresser where I will see it every day along with Hobbes. I will offer the hand print to other members of the family. The buttons . . . I’ll guess I’ll ask if anyone else wants them. I don’t expect anyone will. Jeremy might want the Panik button.

now it can be told

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.

that awful night

‘That awful night’ has been my code phrase for the night two years ago when Zach was killed. I’ve been thinking about it a lot in the last couple of months. Actually, not about the night itself, but the anniversary of it. I’ve been thinking that while I certainly won’t forget what happened on this date, I want to focus on celebrating Zach on his birthday rather than his death day.

The group I was going to in Santa Clara, Compassionate Friends, begins each monthly meeting with a reading of the names of those who died in that month. They also read the names of those who were born. I was never comfortable with that, though. I really wanted – and I still want – to focus on moving forward rather than looking back.

This blog, which began as a tribute to Zach, has become a chronicle of my activities and thoughts. Sometimes they are looking backwards, but more often they are in the moment and with a positive outlook. This, I believe, is how Zach would prefer that he be remembered. In the words of his grandfather Clark Ewing, ‘Pick up the slack for Zach.’ Do something positive, push yourself a little.

I’ve been staying since Monday in Spokane with my friends Peter and Nanci. Peter had a stroke three years ago and has limited speech ability and his right side is paralyzed. The three of us have had discussions about trauma, about change in our lives, and even some good talk about people we knew in high school. In some ways, Peter’s condition reminds me of my father’s. In both cases, their intellect is intact but the mechanism for connecting that intellect to the rest of the world doesn’t work properly. For Peter, there have been some positive signs: he can walk a little with a cane; he has been able to speak a few new words. For my father, I fear there will be no return.

For both men, those who love them have to treasure what we have and not get wrapped up in what we don’t have,

Yesterday was a good day. I helped Nanci hang some cabinets and fixed a broken door. The wind blew the hot water heater pilot out in the afternoon and I helped relight it. But we didn’t go anywhere, we just stayed near each other and talked and treasured the moments.

PTSD

Despite all my blowback from Zach’s death, I really hadn’t thought about my reactions in anything like the terms usually used to describe PTSD. Post Traumatic Stress Disorder is most commonly referenced, in my experience, to soldiers after having been in a shooting war. Nowadays, Iraq and Afghanistan are the poster children, but many people came home from Vietnam with it. No doubt many came home from Korea and World War II with it as well, although the syndrome wasn’t recognized in the same way then.

Some of these countries have ongoing trauma, but out of the remaining ones, I’m sure German, Japanese, Russian soldiers came home with PTSD. Vietnamese and Koreans never had to leave home to get it.

So I don’t want to equate my feelings with those of soldiers – of any nation – who have spent months or years in war zones, killing people, seeing their friends killed, and nearly being killed themselves. But the other day, as I was driving on a two lane road at dusk with oncoming traffic going 50 or 60 miles an hour, as I was, I had a little twitch. And that image of Zach’s broken body flashed before my eyes again and I for some reason thought,’ PTSD.’

I haven’t been to a therapy session since last spring. I haven’t been to a good therapy session since Dr Perry left in January. I had a phone session with Linda S that was not satisfying and inconclusive. See my posts on ‘Goals’. I don’t think I will start up again with either although I have had ideas of trying to contact Dr Perry and do some kind of long distance therapy. So far, no action on that.

During the last month, as I was often going to work during regular rush hour, there were times when I felt myself getting extra twitchy while driving, while watching other people do really stupid things on the road. Except for the other day, all the driving I’ve done here in Washington has been fear free. I picked up my rental car today and drove up to a music store about an hour north of Duvall, then came home on a state highway that was mostly two lane. Perhaps I was distracted by having a new car to drive, or by the scenery, but I had no flashbacks. I do often take note when I am driving at 50 – 55 miles an hour of how fast the trees are going by. Sometimes I think of someone hitting my car at that speed.

I think the day will come when I will go back to Baton Rouge and stand along that road and time the cars leaving that intersection. Jake sold the house and lives in Las Vegas now. Micah and Julie are still down there so I will no doubt ask them about it again. The second anniversary of that awful night is next week but I’ve already decided that I will only celebrate Zach’s birthday any more, not his death day.

voice mail

My nephew Danny is planning a family get together this weekend at his house in Lincoln. Us Bay Area folks are planning on going but there are questions about who is staying overnight, how we can car pool, etc. Mom sent me an email yesterday with a bunch of things on it so rather than responding in kind, I called her. They didn’t answer, so I left a message.

I got no response until I checked my email this morning. She said she tried to call but my email was full. Full? What have I got stored . . .? Oh.

So, here’s my story. I save certain voice mails from my kids. The ones that seem indicative of milestones. I usually transfer them to my hard drive and take them off my phone to avoid just the problem that I now have but the last one I got from Zach and the anguished calls from Jeremy and Mom that awful night are still there. I just checked and I did transfer them but I didn’t erase them from my phone. There are a few other, more recent ones, saved.

It’s funny, I only had to hear the first couple of seconds of each one of those to bring it all back this morning. I didn’t get much work done for a while after that. Luckily, the theatre was dark and hardly anyone was around.

For months I was sure I had a early November voice mail message from Zach talking about his upcoming trip to California with Emily. When I finally went through them carefully, it wasn’t there. I guess I erased it by mistake somewhere along the line. Here’s the last one I have, from the summer before.

53 in a 35

I think about this often when I’m out driving. The 53 is a guess. I think of it as too fuckin’ fast. I used the phrase earlier today when responding to a poster on TDPRI who I thought was kind of a jerk. He responded calmly that he, too, had lost a son.

The TDPRI thread had to do with automated driving, with many posters stating that they enjoyed driving and would never willingly give up their hands on the steering wheel. Others said that the number of deaths and injuries by automobile were too many to be ignored and that the government would step in when the technology was ready. Most thought that would be less than 10 years.

At one time I was going to post here all of the statements made by the witnesses of Zach’s death. I haven’t looked at any of that stuff for many months now. I’ve had more than one therapist tell me not to look anymore. The one I can’t remember very well is the statement of the passenger, Shawn R Allen’s girlfriend. It wasn’t as lame as his but it was pretty lame. I guess they’ve gone on with their lives.

I talked to Micah at the work weekend. He said he was living in a different house in Baton Rouge, which I had not been aware of. He went on to tell me Jake moved to Las Vegas and sold the house. Well, now I don’t have to worry about being invited to stay there if I ever were to go back. Going back is unlikely but some days I do have a fantasy of walking from the corner to see exactly what the distance is and really watching the speed of the traffic.

anniversary

Not even a week ago I put up a post with this same title. Today is the actual day and only a couple of hours after the time one year ago that Zach was killed. About this time on the west coast, phones were starting to ring with the unbelievable news. For me it was Jeremy who gave me the bald facts, then wailed, ‘My brother is dead!‘

I saw many nice tributes on Facebook this evening. Zach is not forgotten by anyone who came into contact with him. His two handed handshake that I was told is known amongst his friends as ‘The Wood.’ He told me once he read that the second hand assured that the person would remember you so that’s why he did it. Little did I know how so many would have to remember him and why.

For myself, I’m kind of empty tonight. I’m tired from a tough day physically at work and I have to get up early for a plane flight tomorrow. Happily the plane flight is to Georgia where I will drink in the elixir that is Rosalie. Sometime this week, Jeremy and I will hoist one for Zach. Maybe we’ll cry together or maybe we won’t but we will surely gather strength from each others presence.

On the Tuesday of that week, the Baton Rouge Police called us to say they were through gathering evidence from the bike and we could come and get it. Not really knowing what to expect, I went over there. The bike was completely trashed but I took it anyway because I didn’t know what else to do. The next day I set it out by the road in front of his car.

If you look carefully, you can see some of the marks on the road where the truck came to a stop with Zach underneath it. We left town somewhat hurriedly (I thought) that Saturday to get up to Michigan for a celebration there and I forgot to do anything about the bike. Today his roommate Micah posted this picture. He didn’t say and I can’t really tell, but it looks like it’s in their garage.

Zach on my mind

Seemingly out of nowhere, Zach has been back at the front of my attention. I think it’s because I’ve been on the roads a lot in the last couple of days. Actually, everything has been pretty nominal except for yesterday.

Yesterday was Tom Kent‘s CD release party in Roseville. I was going to go anyway – I had arranged for the day off – but he called me in the morning and said he wanted me to play on two of his tunes from the CD and to please bring a guitar and bass. I had played on those tunes for the CD but had missed the rehearsals for the live show. When that happened I told Tom I would just show up to the party to support him but wouldn’t play.

Anyway, that’s another story. What is germane is that I drove 280 miles yesterday including a significant portion on two lane roads. Today I just drove to work at Davies and coming home a few minutes ago I got to witness several drivers driving faster than they needed to: quick lane changes, tailgating etc.

How do I know they were going faster than they needed to? In almost every case I caught up to them at the next light and they were sitting calmly waiting for the light. All I could think of was, why are you risking the life of an innocent pedestrian or bicyclist for that 10% of the time when you get through the next light. And then what? You’re 30 seconds ahead of where you would otherwise be.

With the anniversary of Zach’s death coming up I have been thinking about some posts I want to do. One will be titled ‘that awful night’ and describe my experiences that night. Some others will be the statements made to the police by the drivers and witnesses. The last several months I have let the whole thing go but I am not finished with the legal system. I am gathering my strength to read those statements again and analyze them carefully. I have an idea what they will show but I will not say now. It may be that it will be different from what I expect. There is a 4 year statute of limitations on criminal charges.

the report

So far I’ve been reluctant to put up anything like progress reports on my efforts to understand what happened in Baton Rouge on the evening of November 14, 2015. Many people have asked me what I want. I’ve always felt, and I still do, that revenge is not the path to follow. Zach is dead & nothing can change that most important fact.

I am unhappy with almost everything the officials of Baton Rouge did – or more precisely didn’t do – in their investigation. Their conclusion that Zach was at fault for entering the street when he shouldn’t have makes me want to scream. Seemingly, everything hinges on the fact that Zach’s Blood Alcohol Content (BAC) was measured at 0.125%. The driver had a BAC of 0 so he’s absolved, goes the narrative. Never mind that he was rat racing another guy to be first past the merge. He got a speeding ticket, BFD.

This subject did come up last weekend, at the breakfast in Grass Valley. Emily spoke very clearly about similar incidents that had come to the attention of she and Zach. She said Zach was willing to see all sides and was generally forgiving of the one most of us would see as the transgressor. Ashley echoed my feelings when she said that she thought the driver should be punished with something more than just a speeding ticket. I asked her specifically what & she said, ‘Prison time.’

Nancy & I both looked into civil suits. She wanted me to join with her but I declined. I consulted another lawyer who eventually got back to me and said the insurance was ‘only’ $15,000 & I would have to share that with my ex-wife. So evidently their M.O. is to jack up the insurance company. They’re not interested in real questions of responsibility.

I consulted yet another lawyer and said I would pay up front to have my questions answered. He sent me to an accident reconstruction specialist who essentially declined to take the job for a variety of technical reasons (he was at least nice enough to explain to me why). The lawyer also suggested that I contact the Baton Rouge District Attorney’s office. He said they generally very responsive to bereaved families.

So it has proven to be. I wrote a letter; they called me back. I wrote another letter because I hadn’t written down the name of the lawyer who called me; they called me back again. Both times I came away with the feeling that the lawyer in the DA’s office was sympathetic to my concerns and would make an honest effort at reviewing the investigation.

The title of this post comes from the interesting fact that the DA lawyer didn’t have a copy of the coroner ‘report’. I said I did and would send it to him, which I did this morning. I call it a ‘report’ because it is two sentences long. Reading it and trying to read the police report again gave me the impetus to write this post.

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