David G. Smith
Call for a Free consultation
OAKLAND: 510-431-2598 | WALNUT CREEK: 925-308-6484

San Ramon Lawyer Pleads Guilty in Cyclist Hit-and-Run

Days before Thanksgiving, San Francisco employment lawyer Spencer Freeman Smith pled guilty to felony hit-and-run and misdemeanor vehicular manslaughter for hitting and killing Bo Hu, who was riding his bike on Dougherty Road in Dublin.

According to an article in SF Gate, Smith hit Hu from behind with his black Mercedes-Benz CLS550 and fled the scene. Police officers were able to match parts left at the scene to Smith's car, which had "extensive windshield and front-end damage" according to Dublin police lieutenant Herb Walters.

The guilty plea comes more than two-and-a-half years after the hit-and-run accident. Smith refused a plea deal in August 2013. After several delays, the San Ramon resident accepted the plea.

Depending on the outcome of the February 20 sentencing hearing at Alameda County Superior Court in Hayward, Smith could face jail time and/or probation, fines and restitution to the victim's family.

Hu's family also has grounds to file a wrongful death action for damages for the loss of the care, comfort and society. Since there was a felony conviction, oftentimes auto insurance companies exclude from coverage payment for injuries or death from criminal conduct. Given the heinous nature of Smith's actions, he could also be liable for punitive damages over and above the normal damages allowed for wrongful death.

It is my hope that Smith receives punishment commensurable with the crime and that the victim's family receives compensation for this wrongful death. Very often in hit-and-run cases involving cyclists and pedestrians, the victims and/or families feel that the sentence is ultimately inadequate given the gravity of the defendant's conduct. My condolences to the Hu family for their loss. 

No Comments

Leave a comment
Comment Information

Schedule a Free Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top

David G. Smith, Attorney At Law
2201 Broadway
Suite 506
Oakland, CA 94612

Phone: 925-308-6484
Fax: 510-893-2701
Map & Directions