Over the coming weeks and months, Kerry Wicks will be documenting the legal process when it comes to the hit and run of a cyclist in Larimer County. On June 14th her husband, Jeff Wicks was hit and left unconscious and bleeding on the side of the road.  

 

Here is her latest post. 

 

wicks bike 1Accompanied by our Attorney, Erik Fischer, a victim advocate, and criminal investigator, Jeff Wicks and I met with the DA’s office last week.  

We discussed Jeff’s health, the accident details, the proposed ‘offer’ from the DA, and what WE would like to see happen in the criminal suit against Peggy Brown.  

Jeff is recovering with the same enthusiasm as he trained for his Ironman.  He takes on PT appointments, Dental, and Medical appointments in abundance.  His right side is still a work in progress (and may always be so); his head is still grasping for words at times; and his smile is still punctuated with toothless gaps.

Yet, he smiles.

While ‘the accident’ is beginning to seem distant, the details of the day are crisp in my mind.  Jeff still has absolutely no memory of impact, or the 9 of the 11 hospital days that ensued.  In fact, he barely remembers the morning he embarked on a 4 hour ride.  But. I. Do.

Our case has been blessed with an amazing prosecutor through the DA’s office.  She ‘gets’ it.  She values what Jeff and I have to say about what ‘should’ happen with Peggy Brown.  

In our meeting, we shared how we feel (this is not a reflection of what will happen, or how the DA’s office feels):

  • The cycling community, and Jeff deserve Peggy to ACT.  We believe time in prison would be nothing but punitive for this 73 year old woman—we want to see her add purpose to her life and do something that will have positive lasting impact on the cycling community.

  • We feel she should not be able to plea down her infractions.  Currently she is charged with a class 4 felony (hit and run), and another careless driving charge that is a misdemeanor.  The truth is: Peggy Brown is 73—she is retired.  A felony won’t affect her chances at a career, or really impact her all that negatively.  But it is a mark of what she has done and we’re adamant is stays.

  • While her attorney has asked for her charges to be deferred (which would erase them from her record after two years of impeccable citizenry), we DO NOT agree to this.  In two years, Jeff will still be struggling with arm, head, leg issues.  He still won’t be able to throw a ball properly with his kids, or ride his bike carefree.  Perhaps I will still be cutting up his chicken.  

  • We have asked that she never drive again.  The car she drove into my husband is still in evidence at Loveland PD, but she quickly procured a brand new one.  It’s a hope of ours that she would have to complete an intense re-entry program for driving if granted the opportunity for a license again.  On the day of her first hearing, she cut off our prosecutor!  Lawd, take her license please.

  • In the interest of learning from mistakes, and moving forward with purpose, we would like Peggy Brown to come up with some type of service project that would impact our community.  It will be up to HER to create such a project that appeals to us, and the judge to avoid incarceration.

Peggy’s next hearing is NOVEMBER 12th at 9am at the Larimer County Courthouse.  At this hearing, she will plea guilty (or I suppose not guilty), however, sentencing will be early in the New Year.  Once we have the date—we would LOVE hundreds of local cyclists to join us at the courthouse in showing our strength, and our love for this cycling community.  Adorn yourselves with cycling gear, and come with a sense of pride to show our court system, and indeed, Peggy Brown, that leaving a cyclist to die is unconscionable.