The Electric City Circuit allegations and the potentional for criminal charges

Like many cycling fans, I was astonished and dismayed to read about the Isaac Howe crash during the Electric City Circuit race because inital reports indicated that it was an intentionally-caused crash. Earlier this week I took the opportunity to review information provided by several eyewitnesses as well as a video from a helmet cam, and came to a secure conclusion to support the allegation that it was not simply an “accident” as Atkins claimed.  This was based on the fact that Atkins’ explanations just did not jibe with the video, as well as other factors which I noted in my analysis piece.

Isaac Howe on the deck (photo by Barbara Dowd)

With that in mind, I wanted to provide my insight as both a bike racer and an officer in the criminal justice system. I feel my experience here supports my assertion that in addition to a lifetime ban from racing, criminal charges should be pressed against Mr. Atkins if the allegations are found to be true in a court of law. While I do not claim he is guilty of a crime (only a court of law can rightfully pass that judgement against a defendant), I believe that criminal charges have their place in this situation and need to be explored and possibly brought.

The bringing of criminal charges is a monumental event in a person’s life whether they are the victim or the perpetrator. In South Carolina, the code section is three-tiered and would fall under the 3rd Degree Assault statute of 16-3-600 (E). From my reading, this essentially means that the accused either attempted to or did unlawfully injure the person in order to meet the criteria for assault under the statute.  In recounting Howe’s version of the events and reviewing the code section, it is clear that an assault took place. Howe suffered a broken bone due to the actions of Atkins. It is clearly within the statute that a crime took place in that Atkins intentionally caused physical harm to Howe. Also, it is important to note that crimes must have the mens rea, the guilty mind and actus rea, the actual act. Based on the account of Howe, after Atkins had to ride off the road he came back to Howe and demanded an apology for supposedly causing him to ride off the road. Atkins again rode next to Howe and deliberately grabbed his handle bars (mens rea) and then pulled Howe and his bike to the ground (actus rea). All the elements of a crime are there. I surely cannot fathom a reason why a rider would place their hands on another rider’s bike and pull it in a direction to make the rider crash. However, the more important aspect I will explore is why criminal charges should be placed.

Crashes in cycling are unfortunately something we all know can happen. A year ago this month we were tragically reminded by Wouter Wyland’s death during the third stage of the Giro d’ Italia that crashes can be fatal. While that was an accident where no foul play was involved, the Electric City Circuit crash is strikingly different in that this was a situation that was intentionally caused against another individual. A lifetime ban is one kind of punishment, but to go one step further, an incident where there appears to be intentional and deliberate malice involved is deserving of a criminal hearing in a court of law. I cannot think of any reason, other than to cause  physical injury, that you would grab and pull a cyclist to the ground.

Some may argue that the police should have no role in this incident, and that the race officials and USA Cycling should have sole responsibility for handling infractions in the discipline; I completely disagree for the reasons I’ve stated above.  If this happened outside a bike race I am certain criminal charges would have been filed if someone intentionally caused physical injury to another person. If there is one reason why criminal charges should be placed it is because of that reason alone. A crime was committed. If Atkins is charged, he will be given his constitutionally-provided day in court to zealously defend himself against these charges, and until he is convicted he is provided with the presumption of innocence of the alleged offense.

The cycling world, racers, and fans at all levels are incredibly well connected and informed about what is going on. If the police determine the elements of a crime are present, charges against Atkins will be appropriately placed. A bike race is no different than any other instance in society where one person intentionally causes physical injury to another, and there should be appropriate consequences for such actions. If actions like this are not swiftly and quickly dealt with by authorities (USA Cycling and law enforcement officials), then I believe we will begin to see these kinds of acts being viewed as  “tolerated behavior” – and other riders who feel they have been wronged during a race or other sporting event will follow suit.  That simply cannot be allowed for the interest of everyone involved.