Driver pleads innocent in murder case Driver pleads innocent in murder case (December 24, 2004)

Espino accused of killing Mountain View bicyclist

By Jon Wiener

A San Jose driver pleaded innocent last week to the February murder of a Mountain View bicyclist.

David Espino is facing second-degree murder charges for allegedly running down and killing Jim Dein on Highway 9 in Monte Sereno. Palo Alto resident Ted Aberg, who was riding with Dein, was seriously injured in the crash.

Espino is also facing charges of hit-and-run and driving under the influence of the hallucinogenic drug phenicyclidine (PCP). Prosecutors said that just before he slammed into Dein and Aberg, Espino had rear-ended a car and sped around it.

The incident has taken on a somewhat political nature. A small citizens group has formed to push for safety improvements on Highway 9. And a memorial fund in Dein's honor has been set up through the Silicon Valley Bicycle Coalition to help fund bicycle-safety education classes.

Two-thirds of all drivers in Santa Clara County do not get prosecuted at all when they are found at fault for bicyclist or pedestrian fatalities, according to a study released last year by the bike coalition. But eyewitness reports that Espino had been driving recklessly made the charges a clear-cut decision, according to prosecutors.

"This case is particularly egregious," said deputy district attorney Matt Braker. "He knew that he was engaging in very risky behavior and decided to ignore it."

Espino's attorney did not return phone calls seeking comment.

E-mail Jon Wiener at jwiener@mv-voice.com

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