Deputy who drove into cyclists is demoted

A Santa Clara County sheriff's deputy who struck and killed two bicyclists last year when his cruiser crossed the center line has been demoted to an unsworn, civilian position that bars him from driving a patrol car or carrying a gun, his attorney said today.

James Council, 28, is expected to be sentenced June 25 to four months in county jail after pleading guilty last month to two misdemeanor counts of vehicular manslaughter in the deaths of Matt Peterson, 29, of San Francisco and Kristy Gough, 30, of San Leandro.

Sheriff Laurie Smith made the decision to demote Council, said his attorney, Michael Rains. "Given the nature of the plea and what it involves, I think the demotion is fair," Rains said.

He said Council hopes to apply for a deputy's position at some point in the future.

The sheriff's office declined to comment on what it called a personnel matter.

Council will be eligible to serve the expected jail term in a sheriff's furlough program or in home detention, authorities said. He will also be required to perform 800 hours of community service.

The crash happened March 9, 2008, when Council's cruiser crossed the center line on Stevens Canyon Road in Cupertino and struck three cyclists. Peterson died at the scene, and Gough died a short time later at a hospital. The third bicyclist, Christopher Knapp of Germany, was badly injured but survived.

Witnesses later said there were no skid marks and that the deputy had reported falling asleep at the wheel.

Council, who had been with the department for 18 months, was 4 1/2 hours into a 12-hour shift at the time of the Sunday morning crash after working a 12 1/2-hour shift the day before.

Gough's father, Rip Gough, said of Council's demotion, "On the surface, this would appear to be a long overdue adjustment. ... There is no solace in any of this, but when two people lose their lives, we owe it to them and we owe it to the community to ask questions and not permit anyone to sweep this under a rug."