Updates in Bobby Cann, Hector Avalos Cases

Hearings were recently held for the cases of Robert “Bobby” Cann and Hector Avalos, two Chicago cyclists who were killed by allegedly drunk drivers in separate incidents last year. Each case continues to progress slowly.

On the evening of May 29, Cann, 26, was riding from work at the nearby Groupon offices when motorist Ryne San Hamel, 28, struck him at the intersection of Clybourn and Larabee in Old Town. San Hamel was charged with reckless homicide, aggravated DUI, misdemeanor DUI, reckless driving, and failure to stay in the lane.

The case's latest status hearing took place Friday at the Cook County Courthouse, 26th and California, with about 20 Cann family and supporters in attendance, according to Kate Conway, an attorney for the family. The State’s Attorney’s office had expects that tests on San Hamel’s car and analysis of other evidence for reconstructing the events of the crash would be completed by then. However, a brake expert is currently examining the car to determine what speed it was going and what, if any, braking occurred.

San Hamel’s attorney filed a motion requesting documents related to the blood test on the driver that was performed at Northwestern Memorial Hospital, perhaps in an attempt to invalidate the test results, Conway said. That evidence will first go to Judge William Hooks, who will determine whether it is admissible in the case, according to victim advocate Sharon Johnson from the Alliance Against Intoxicated Motorists.

“To me that seems like a time extension tactic by the defense,” Johnson said. “My guess is that it won’t reveal anything, but it will make the case longer, which is hard on the victim’s family.” The next hearing for the criminal case was set for May 23.

In March, the Cann family filed a wrongful death suit against San Hamel and his business, AllYouCanDrink.com, a bar promotions website. The defense has not yet responded to the complaint. The initial hearing is scheduled for June 4.

On Tuesday, there was a status hearing at the county courthouse for Avalos’ case. A 28-year-old former marine and aspiring chef, he was biking on the 2500 block of West Ogden in Douglas Park on December 6, when Robert Vais, 54, fatally struck him from behind. He is charged with a felony aggravated DUI and two misdemeanor DUI charges.

Avalos’ mother, grandmother, young brother and sister, and a few friends, as well as a coworker of Cann and representatives of AAIM and the Active Transportation Alliance, attended the hearing, according to the family’s lawyer, Michael Keating. “There was a very nice turnout in support of Hector,” Keating said.

During the hearing, the prosecution and defense reported to Judge Nicholas Ford on the process of discovery, the sharing of information between the two sides. The Chicago Police Department currently has Avalos’ bicycle; the defense requested the opportunity to inspect the bike. The next hearing takes place May 20.

The Avalos family has filed a civil suit against Vais, as well as Francesca’s on Taylor, a restaurant in Little Italy where the driver reportedly drank at a holiday party prior to the crash. Lawyers for both Vais and Francesca’s have filed appearances in the civil case, meaning that they will be representing the defendants; Keating said that the discovery process for the civil suit will begin in the near future.