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SMU prof indicted in cycling incident
Dolkart is accused of hitting man on bike at White Rock
Thursday, July 29, 2004
What started with yelling and hand gestures on a Sunday morning in May near
White Rock Lake was quickly punctuated by the sound of crunching metal as car
struck bicycle. On Wednesday, a distinguished law professor was indicted, accused of using
her Volkswagen Passat as a deadly weapon in what police and cycling advocates
describe as an extreme case of road rage. Jane Dolkart, 56, was charged with aggravated assault with a deadly weapon.
If convicted, she faces two to 20 years in prison and a fine of up to $10,000.
Southern Methodist University officials said Ms. Dolkart remains on the law
school faculty while the case is under review, but she is not teaching classes
this summer. According to police reports and court files, tensions escalated quickly as
cyclist Tommy Thomas and a friend were riding single-file on West Lawther Drive
south of Mockingbird Lane about 10 a.m. on May 2. The two men told police that a motorist in a green Passat started following
them closely, honking the car's horn, yelling and gesturing "in an
unfriendly manner," according to police reports. "I said, 'Wow, this is not right, this person has got some anger here,'
" said Paul Schoenberg, who was riding with Mr. Thomas. "Obviously she
was in a hurry ... she was right on us." Moments later, a witness described hearing a scream, followed by the vehicle
accelerating and then the sound of "an awful crunching noise and brakes
screeching," according to court records. His shoes still clipped to his bicycle pedals, Mr. Thomas was dragged under
the car. When the car stopped, Ms. Dolkart commented as Mr. Thomas called 911:
"Oh please, I didn't even hit you. ... you were in the way," before
driving off and waiting at a nearby parking lot, court records say. Mr. Thomas suffered pain in his left shoulder, elbow and leg and had a long
"road rash" his forearm. When police arrived to investigate and found Ms. Dolkart in a parking lot
nearby, she reportedly described her actions as an attempt to let the cyclists
"know I was there," according to court documents. Reached Wednesday afternoon, Ms. Dolkart said that her attorney had
instructed her not to comment about the indictment. In an earlier interview, an
attorney no longer retained by Ms. Dolkart described the incident as an accident
that happened when Ms. Dolkart tried to make a U-turn and Mr. Thomas stopped
suddenly in front of her. In December, Ms. Dolkart struck two SMU second-year law students as they
crossed Hillcrest Avenue near the university campus. Ms Dolkart told police that
she had not seen the pedestrians because the sun was in her eyes. A police
report ruled that the sun would not have blocked her view of the pedestrians and
that she had failed to check the crosswalk. Bicycling advocates praised the indictment Wednesday and described the
incident as an extreme example of what occurs daily for cyclists who share the
streets with vehicles. Brian Hasenbauer, a former professional triathlete who frequently rides
around White Rock Lake, said he has survived being struck by vehicles on three
occasions, as well as numerous encounters with agitated and aggressive drivers. "Dallas is not very cycling-friendly," Mr. Hasenbauer said. "I
definitely feel it is something that should be prosecuted if it's done on
purpose or if it's an accident and it's done by negligence."