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Posted: Thursday, 25 June 2009 12:42PM

Sentencing for Deputy Who Killed Two Cyclists



Image of Kristy Gough courtesy of CBS-5

SAN JOSE (KCBS)  -- Under a plea deal worked out last month, Santa Clara County Sheriff’s Deputy James Council is expected to be sentenced on Thursday to four months of house arrest for the deaths of two bicyclists in Cupertino.

Council was on duty when he dozed off behind the wheel and struck three cyclists training for a race on Stevens Canyon Road in 2008. Kristy Goff, 30, and Matt Peterson, 29, died. The third victim survived.

The rookie officer pleaded guilty to two counts of vehicular manslaughter.

Listen  KCBS' Mike Colgan reports

Council was working back to back 12-hour shifts when he fell asleep at the wheel. Such scheduling is not uncommon in law enforcement, but cycling groups have pressured the department to change its policy.

“There was evidence that the officers worked a late night 12 hour shift the day before and then was placed into a car early morning the day of,” said Anthony Borba of Third Pillar Racing. “I think that’s a very dangerous practice.”

A sheriff’s department spokesman, Don Morrissey, said the department had hired an expert on sleep deprivation that used to consult with NASA to analyze how duties are assigned given the way officers are scheduled.

“We’re going to look at his research, actually, and see what we can learn from that research in regards to how the 12-hour shift impacts our personnel,” he told KCBS reporter Mike Colgan.

Council has also been demoted to a civilian technician position that pays about $30,000 less per year.

(jro)


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