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SMU
Prof Won't Go To Jail For Hitting Cyclist
Dallas: Jury agrees she hit cyclist
deliberately, gives her community service.
A Southern Methodist University law professor who
was found guilty of aggravated assault will not have to go to jail.
A Dallas jury today sentenced Jane Dolkart to
five years of probation and two years of community service. On Monday, that same
jury determined that Dolkart intentionally struck bicyclist Tommy Thomas with
her car at White Rock Lake last May.
Jane Dolkart bowed her head and sobbed after the
verdict was read, and bailiffs began taking her fingerprints. She was allowed to
post a $2,500 bond until the jury decides her punishment today.
The tenured labor and employment law professor
faces probation to 20 years in prison for the second-degree felony charge.
Witnesses said Ms. Dolkart was visibly upset and
honking the horn of her Volkswagen Passat as she followed cyclist Tommy Thomas
and a friend along West Lawther Drive near Mockingbird Lane in Lakewood.
Mr. Thomas testified that he feared for his life
when Ms. Dolkart's car struck the rear of his bicycle and dragged him under the
car several feet. He suffered bruises and abrasions to his left forearm and a
sore shoulder.
A police officer who investigated the incident
testified that Ms. Dolkart acknowledged "tapping" Mr. Thomas' bicycle
because he was blocking her way as she drove to meet friends to ride her own
bicycle at the lake about 10 a.m. on a Sunday. During the trial, Ms. Dolkart
denied making that statement.
Testifying in her defense, Ms. Dolkart said that
she did not intend to hit the bike but that Mr. Thomas slowed suddenly as he
pedaled in front of her. In closing arguments, attorney Mike Gibson said the
incident was nothing more than an accident and disputed the argument that Ms.
Dolkart's car was a deadly weapon. He said the victim's account of the collision
was "exaggerated and full of mistakes."
"If distracted driving was a crime, we'd
have to build five courthouses because people do it every day," he said.
Prosecutor Danny Oliphant said witness accounts
and physical evidence from the accident proved that Ms. Dolkart's driving was
deliberate.
"It wasn't just an accident. It wasn't just
a mistake. This was an intentional act," he said.
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