Jason Pohl

jasonpohl@coloradoan.com

Coming off a year when two cyclists were killed by drivers in and near Fort Collins, officials have unveiled a new restorative justice pilot program that will keep some offenders — including a teen who killed one rider — out of jail.

Earl Ong, 18 at the time he swerved into a bike lane and fatally injured an avid rider, will be the first person to participate in "Chain Reaction," a collaboration between nonprofit Bike Fort Collins and the Larimer County District Attorney's Office.

The program, spurred after a deadly year resulted in community outrage that boiled over at a town hall meeting, is aimed at advancing safety and systemic change rather than lobbying for stricter punishments, said Chris Johnson, executive director of Bike Fort Collins.

"Sentencing and justice should seek not just to punish, or scare, but to use tragedy to change our culture, create awareness and advance the greater good," Johnson wrote in a statement to the Coloradoan.

Acknowledging some advocates would likely vehemently disagree with Ong's sentence, Johnson stood by the court's judgement and DA's efforts throughout the case. He also touted the teen's character and apparent remorse that made him the perfect person to pilot the new program.

“Of the cyclist-involved fatalities in Larimer County in the last couple of years, this one has the least aggravating components to it," Johnson said in an interview, adding that Ong was distracted, a minor, and compliant throughout the entire investigation and court process.

"That's the kind of thing that any of us could have done," he said. "It was better suited to this idea of restorative justice."

Ong was driving a blue Dodge Durango north on Lemay Avenue, near Vine Drive, about 3 p.m. June 6. After reportedly falling asleep behind the wheel, Ong realized he was about to crash into a pickup that was hauling a boat in front of him, so he yanked the wheel to the right and smashed into a northbound cyclist, Cesar Palermo.

The 57-year-old rider was in the bike lane at the time of the wreck. Witnesses reported seeing him fly into the air and crumple to the ground. Bystanders and first responders rushed to perform CPR.

Palermo was pronounced dead at Medical Center of the Rockies in Loveland later that day.

"I did not mean for any of this to happen," Ong wrote in a letter to Palermo's family in the lead-up to his Jan. 27 sentencing. "I made a split-second decision to avoid an accident, and it was the wrong decision. The result of my decision was a tragedy. A person I did not know, or wish anything bad to happen to them, is no longer with us. I will live with this for the rest of my life."

Palermo's family requested the teen not be sent to jail for the Class 1 misdemeanor traffic offense of careless driving resulting in death — he could have faced up to one year in jail.

"I don't expect forgiveness. I only wish I could relive that day and have done something different," Ong wrote.

He declined to comment for this story.

In addition to 100 hours of community service at a bike nonprofit, Ong must make a $1,500 donation "to a nonprofit bicycle organization and provide proof to the court," records show. His license was also revoked.

The explicit instructions about how the time and money must be divvied up to specific causes is somewhat unusual — community service will often be imposed but can usually be fulfilled through a host of volunteer efforts. As the Coloradoan highlighted last year, follow-up with those community service sentences is often lacking.

Ong's crash was followed weeks later by the death of Steve Studt, 59, who was run over June 26 by a dump truck while he was riding on Kechter Road over Interstate 25. The case against that driver, Jose Pinon, is continuing in court.

Studt became the 10th cyclist fatally struck by a vehicle in Larimer County since 2000. He was also the fifth to have died from crashes involving vehicles since 2013, records showed.

The community was outraged, and the animosity was palpable at an August town hall meeting that rallied hundreds of bike advocates, community members and legal experts. Some demanded mandatory license revocation. Others sought more aggressive ticketing for cyclists and motorists who disregard some laws.

Johnson said the pilot program is the first publicized and direct result of the town hall. It also coincides with efforts nationally to reduce the number of cyclist and pedestrian-related fatalities. Known as Vision Zero, the endeavor addresses enforcement, education and infrastructure needs in communities in the U.S. and elsewhere.

There are instances when stronger punishments than just community service will result, Johnson said. Those might include hit-and-run or impairment-related crashes.

"It will be a case-by-case decision," Johnson said. "There will be times when we will advocate for harsher sentences."

Since June, Ong has completed a defensive driving course offered by National Safety Council that stresses the dangers of distracted driving. He also played varsity football in the fall and even made headlines for his tone-setting kickoff return and touchdown during the cross-town upset against rival Fort Collins High School in September.

"Earl is the student who is always in a good mood," wrote Kendall Wilson, assistant principal and athletic director at Poudre High School, in a letter of support to the court.

"He is the student that administrators want in their school, which teachers want in their classrooms, and that students want as their friend, classmate and teammate. Earl has definitely made a positive impact on the school and the family at Poudre High School."

Wilson declined to comment further for this story.

In an effort to maintain Ong's privacy, Johnson would not say exactly what the teen will be doing during his time volunteering, though he did say the group will share more when his term is complete later this year.

"I think he wants to make the most of it."

Reporter Jason Pohl covers public safety for the Coloradoan. Follow him on Twitter: @pohl_jason.