John E. Peckham

METH ADDICT GETS 19 YEARS; SISTER DESCRIBES HIS CHILDHOOD OF VIOLENCE, DRUGS

By Sean Webby

Mercury News

A Santa Clara County judge on Friday sentenced a homeless felon to 19 years in prison, five months after he capped a meth binge by lethally barreling his Oldsmobile into a popular cyclist riding through the Palo Alto hills.

Moments after learning his fate, a shackled Chevelle Bailey blew kisses to his crying 6-year-old daughter while deputies led him from the courtroom.

The emotional exchange was in stark contrast to the moments after he plowed into John Peckham on a winding back road, then crashed his Oldsmobile Delta 88 down a ravine: When Bailey clambered from the car, he chugged a Coors and tried to walk away.

The hit-and-run galvanized the tight-knight Silicon Valley biking community, dozens of whom sat somberly, some sobbing, in the courtroom as Peckham’s mother and others stepped to a dais to tell of their loss and grief.

“You never even stopped to see if you could help my dying son,” said Mary Ann Parker, a nurse who had come from St. Louis wearing her son’s photograph on a string around her neck. She said she woke up from nightmares still seeing her son’s yellowed, eviscerated body. “There is nothing worse than when a mother loses her son.”

The defendant’s sister, Charlotte Walker, told Judge Rise Jones Pichon that drugs and violence were commonplace in their crowded, chaotic childhood home. Her older brother, Walker said, had protected her and later watched over her family. Their mother, the judge told the court, now elderly and homeless in Bakersfield, had shot two of her ex-husbands and stabbed another.

“Chevelle is not a menace to society; he needs help,” Walker said. “I pray more that Chevelle regains his peace of mind more than for him obtaining his personal freedom.”

She said she loved Bailey and was convinced he never meant to hurt anyone and was deeply remorseful.

Bailey didn’t speak in court Friday. But in his probation report, he called Peckham’s death “an act of God.”

“I’m very sorry for the accident, but it wasn’t my fault,” he told the officer. “The Lord did that. The Lord or the devil, one of them did it. It was out of my hands.”

Even so, in October Bailey pleaded no contest to vehicular manslaughter, driving under the influence and causing great bodily injury and a hit-and-run charge. Bailey’s no-contest plea was the legal equivalent of a guilty plea. The sentence was doubled when the judge refused to dismiss Bailey’s 1986 robbery, which counts as a “strike” under California’s “Three Strikes, You’re Out” Law.

The violent death on Old Page Mill Road on Sept. 8 is the story of two separate worlds– described in police and probation reports — colliding.

Peckham, a movie-star handsome biomedical engineer, was just as driven to design life-saving medical devices as he was to train and race with the Webcor/Alto Velo Elite cycling team.

He was on lunch break that day, riding briskly ahead of his club members. It was pleasant, sunny. He was in great shape, had a great job, a girlfriend, had just bought a condo in Mountain View. Life was good and moving fast. Just before lunch, he headed into a curve.

Bailey had been living in his car. He had no job and a divorce looming. His sister was raising his young children in Bakersfield. He had a conviction for robbery and had spent time in jail. He had smoked pot, used cocaine and was now a once-a-day meth addict, according to his probation report. He hadn’t slept that night. Life was a mess and moving fast.

Police said Bailey was parked under a tree, watching the narrow road fill up with the usual groups of lunchtime bikers coursing up the hill. Suddenly, he punched the gas and made an odd reckless, speeding circuit that led him down the winding road, heading westbound into a curve.

Witnesses said he hit Peckham head on, throwing the broken body on to the hood, the windshield and shedding it onto the asphalt before speeding at least 800 feet away. There he lost control, and crashed down an embankment into a dry riverbed.

Covered with glass, he stumbled out of the old car with a 24-ounce Coors in hand.

“I thought I was going to die,” he told a CHP officer, according to the probation report. “But I got out of the car like a soldier, cracked a beer and downed it.”

Once in jail, Bailey quickly agreed to plead no contest.

His lawyer, Gary Goodman, told the court his quick plea was made to spare Peckham’s mother further anguish.

“He knows it’s not much, but it’s the only thing within his power to do,” Goodman said.

Jay Boyarsky, the supervising deputy district attorney who prosecuted the case, held up a photograph of Peckham in his biking gear and told the judge:

“This is something beyond a horrible tragedy,” the prosecutor said, “It’s a horrible, horrible crime.”

(posted on behalf of Brian Peterson)

All,

Thank you very much to all who wrote a letter, sent an email, or
attended the court hearings in support of John Peckham. Your
thoughtful attention made an impression, and I think made a
difference. As Jim Turner mentioned, the probation report with all the
letters and emails was the largest the DA had seen in Santa Clara
County in his 14 years working there. The people in this club and the
community are amazing, and the show of support was outstanding. Thank
you!

Appended to the end of this email is the statement I read on John’s
behalf at the hearing on Friday. I thought that those who could not
attend would like to read it. This was a very difficult piece to
write, on many different levels. I had some help with some editing
(thanks Kurt, Tracy, Rob, and Ted B.) and with the premission of Ken
N. I borrowed a few sentences from some things he had written. Thanks
guys.

Brian Peterson

————————
Statement given in support of John Peckham, February 23, 2007.

My name is Brian Peterson, I am the President of the Alto Velo Cycling
Club. Alto Velo consists of 400 cyclists, of which John Peckham was
one of the more capable and exemplary members. I am here to represent
our club and other Bay Area cyclists who continue to mourn the loss of
John. John’s family, his friends, our club, the Bay Area, and the
world, suffered a terrible loss when he was killed. In all aspects of
his life, John spent his time building the communities around him. I’d
like to share some of the impact John had on the cycling community.

On an individual level, John befriended everyone he met. With his
ever-present smile he made you feel at ease immediately. It is
impossible to completely quantify the personal impact John had on
individuals, but I have some examples of how many people he touched.
Over 500 people attended a memorial ride for John, several hundred
emails were sent to me from teammates, competitors and other cyclists,
and at least 50 people left eulogies on our website.

John had a tremendous impact on the Alto Velo Cycling club. He quickly
rose through the cycling ranks, proved himself a valuable member of
our Elite Racing team, and was a major contributor to it’s success.
His impact was not just in the races, but outside them as well. He was
a mentor to many riders, taking on tasks such as organizing team
training camps and helping new racers learn a difficult sport. He
also supported the club by putting his great people skills to work
bringing in new members as well as new sponsors.

John’s impact went beyond cycling and into the surrounding
communities. He was always a key volunteer with our Pescadero Coastal
Classic Bicycle Race, an event that supports the South Coast
Children’s Services. The SCCS is an organization that creates
educational, recreational and cultural opportunities for youth of the
rural South Coast of San Mateo County.

Alto Velo dearly misses John. In an effort to keep his memory alive,
we are working to establish an annual John Peckham Memorial Bike Race.
Not only will this race honor John, we hope to use it as a venue to
educate the community about the dangers of methamphetamine use and
driving under the influence. It is our hope to prevent a tragedy like
this from happening again.

Professionally, John was a top-notch biomedical engineer, working in
the field of vascular stents. Though barely in his 30’s, John had
already filed seven patent applications in the field, three of which
he was the sole author. I personally had several conversation with
John about how proud he was of his work, especially the fact that the
work he did helped save people’s lives.

To me, John was not just a club member, he was my teammate, he was my
friend. I can’t help but be reminded daily of John, whether it’s
tending to club business, or getting ready for a training ride. Not a
day has gone by since he died that I haven’t felt a great loss. I find
it difficult to ride on Old Page Mill Road, and generally try and
avoid it on my regular rides in the area.

John Peckham was a truly productive member of our society,
contributing professionally, altruistically, and athletically. We are
left only to imagine the further contributions he could have made to
science, or to the club, or to the surrounding communities. He had a
large circle of family and friends who are now deprived of his
presence. His contributions, his friendship, and his love can never be
replaced.

As many of you know by now, Chevelle Bailey plead “No Contest” to the Manslaughter of John Peckham. The sentencing hearing for Mr. Bailey is set for Friday, February 23, 2007 at 9:00 am. This hearing is the time for formal sentencing. Family members and close friends of John will speak at this hearing about the impact John had on their lives, and on society. I will speak about John on behalf of Alto Velo and the bay area cycling community.

This sentencing is a public hearing and everyone is invited to attend. If you can attend this hearing, please do to show your support for John.

Sentencing of Chevelle Bailey
Friday, February 23, 2007
9:00 am (please try and arrive at least 15 minutes early, 8:30-8:45 am)
Justice Rise Jones Pichon
Santa Clara County Superior Court
270 Grant Ave., 4th Floor; Dept. 88
Palo Alto, CA. 94306

I hope to see you Friday morning.

Brian Peterson
President, Webcor/Alto Velo

Hello Everyone,

The word from the DA today, is that Chevelle Bailey is scheduled to be sentenced
on February 23, 2007 at 9:00 am.

Justice Rise Jones Pichon
Santa Clara County Superior Court
270 Grant Ave., 4rd Floor; Dept. 88
Palo Alto, CA. 94306

I will be sure to remind you again as this important date approaches. Thanks again
to you all for your attention and support.

Regards,
Kurt

Hello all,

There will be a very short hearing for the Chevelle Bailey case on Friday morning. It will consist of the court officially receiving the sentencing recommendations report that was prepared by the Adult Probation Office. More importantly, the court will schedule a date for sentencing. These will be the only activities. There will be no discussion or testimony, and due to the nature of the attorney’s schedules, the time when this business actually occurs is difficult to predict. The DA, Jay Boyarsky, feels that attending this hearing is of a low priority. However, those of you wishing to attend are welcome to do so.

Mr. Boyarsky, in fact, already has the report in his hands. He has yet to review it thoroughly, but he feels that it bodes very well for our objective of having Chevelle Bailey receive the maximum sentence possible. Of course, our letters are a significant part of this report. I don’t yet know the effect that our letters had on the report’s conclusion, but I’m confident that we made our opinions known to the probation officer, Michelle Rodriguez, very loudly and clearly. I want to thank you all for your diligent efforts on the letters. I’m absolutely certain that our efforts were very worthwhile and had substantial impact.

After this hearing, I will let you know when the sentencing hearing will take place (late Jan/early Feb). That is a hearing we should be sure to attend.

If you’re bound to attend Friday’s hearing, here is the location:

Santa Clara County Superior Court
270 Grant Ave., 4rd Floor; Dept. 88
Palo Alto, CA. 94306

Regards,
Kurt

All -

Here is a copy of Ken’s letter to the parole officer in charge of Chevelle Bailey’s case. It is very well thought out and as Kurt said “compelling.” If you are struggling with what to say this letter is pretty inspirational.
Paul

Hello Again,

Just wanted to remind you all (again, and for the last time) that if you haven’t written your letter to the Probation Office in support of John Peckham, please do so this week! The report that will recommend sentencing for Chevelle Bailey will be delivered to the court on Monday, Nov. 27. That’s just 1 week from this coming Monday. Between now and then, and with Thanksgiving and all, there is not much time left to get your letter into them before they conclude their report. It doesn’t take much, just get some thoughts down about John and why you think Bailey should be put away for the maximum. We want this person off the street for as long as possible, right? If you need something to start you off, I can send you mine.

So, please, write your letter. Do it for yourself, do it for John’s mom, do it for John. We owe him that.

Here’s the address and contact info again:

Santa Clara County Adult Probation Services-North County Office
Attention: Michelle Rodriguez
Case # 060925133
Docket # BB622611
270 Grant Ave., 3rd Floor
Palo Alto, CA. 94306

Thanks to you all,
Kurt

Hi Folks,

We really need to get busy on our letter writing campaign for John Peckham. Again, these are the letters we are writing to the parole officer in charge of the case to communicate our thoughts and feelings about John, and our opinions on how Chevelle Bailey should be sentenced for killing him while speeding down Old Page Mill Rd., loaded on methamphetamine.

John’s mother, Mary Ann Parker, sent us the note below. The report is being compiled NOW, and will be handed over in a couple of weeks, so we need to get our letters into their office ASAP for them to have an impact on Bailey’s sentencing. Don’t Delay! These should be easy letters to write. They should be heartfelt and honest. Let them know how you feel about John, what he meant to us as a community, the senselessness of the tragedy, how you feel about Bailey, whatever you want, but WRITE THAT LETTER! Tell your friends, coworkers, and family members to write letters. The more, the better. Do it for yourself, do it for John’s mom, do it for John. We owe him that.

Here’s the address and contact info again:

Santa Clara County Adult Probation Services-North County Office
Attention Michelle Rodriguez
Case # 060925133
Docket # BB622611
270 Grant Ave., 3rd Floor
Palo Alto, CA. 94306

Thanks to you all,
Kurt

———- Forwarded message ———-
From: maparker
Date: Nov 6, 2006 3:39 PM
Subject: Important Info Re John’s Case

Brian, I just talked with Jay Boyarski, the D.A. in John’s case and he
told me that everyone should have their letters in to the probation
officer for Chevelle Bailey ASAP because they are going to have what
is called “Receipt of Report” on November 27, 2006. This is where the
P.O. makes her report to the Judge on the letters written. She’s
probably going to want at least a couple of days to compile the report
so I’m guessing that we have 2 weeks to write these letters and send
them. That’s not much time. But if we get it done in those 2 weeks
that will give Michelle Rodriguez time to compile a decent report to
get Bailey the maximum time we can.

Please make this announcement for me. And tell them all how important
it is that they write a letter. And as always, it wouldn’t hurt to
show up at this court date either.

Thanks so much.

Mary Ann Parker

All -

We now have the complete name and address of the probation officer assigned to the Chevelle Bailey case. When you write your letter communicating your views and feelings on how Bailey should be sentenced for killing our friend and teammate, John Peckham, use the address information below.

The next hearing is scheduled for mid-December and we need to have as many letters as possible sent to this office before they make their sentencing recommendations to the judge.

Santa Clara County Adult Probation Services-North County Office
Attention Michelle Rodriguez
Case # 060925133
Docket # BB622611
270 Grant Ave., 3rd Floor
Palo Alto, CA. 94306

To help collect your thoughts, you might want to read what John’s friends and family have written about him on the following websites. Go ride by the site, which I’m sure many of you do quite often. Recall the memorial ride, where ~600 people came to pay their respects. Without a doubt, John was an amazing guy and is dearly missed.

http://altovelo.org/wordpress/

http://www.legacy.com/mercurynews/GB/GuestbookView.aspx?PersonId=19158109

Here are some painful facts about the incident to jog your memory…if that’s needed:

• Chevelle Bailey was blasted with methamphetamine when he deliberately drove his car at 70-90(!) mph down Old Page Mill Rd. A road that he knew was frequented by cyclists.
• He ran over John and his bike, head on, while John was waiting for the Noon Ride to catch up to him. John was killed almost instantly.
• Bailey didn’t stop, or even slow down after he killed John, but continued at a high rate of speed until he lost control and flew off the road into the creek. Had he continued on the road, he would’ve surely collided with other cyclists, possibly including the entire Noon Ride.
• After the crash, Bailey opened a beer and said: “I thought I was going to die, but I got out of the car like soldier, cracked a beer and downed it.”

There are many feelings that come to mind when I think about this horrible tragedy, many letters that I could write. What you decide to put in your letter is up to you. One thing is very clear to me though: Bailey needs to stay in jail for a long time. Good luck with your letters.

Kurt

Man pleads no contest in Palo Alto bicyclist’s death

By Howard Mintz

Mercury News

A Fremont man could face 28 years in prison after pleading no contest Tuesday to vehicular manslaughter and two other felonies for plowing his car into an avid bicyclist who was killed while on a lunchtime ride in the Palo Alto hills last month.

With about a dozen members of the victim’s bicycling club sitting in a Palo Alto courtroom, Chevelle Bailey, 41, entered his plea before Superior Court Judge Rise Jones Pichon. It was less than two months after his car struck and killed 31-year-old John Peckham of Mountain View. Bailey’s no contest plea is the legal equivalent of a guilty plea.

Unlike his first court appearance in September, Bailey, dressed in red jail garb, was quiet and kept his head bowed as the judge read off the conditions of his plea. Bailey was animated and blurted out, “I didn’t do it” at his arraignment. But on Tuesday, he politely agreed to plead no contest to vehicular manslaughter, driving under the influence while causing injury and a hit and run charge.

Court records allege that Bailey was high on methamphetamine and alcohol when his car struck Peckham on Old Page Mill Road at speeds estimated to be between 60 and 90 mph.

The plea was some satisfaction to the members of the Webcor/Alto Velo Bicycle Racing Club who attended the hearing, but they want stiff punishment for Bailey. Peckham was an elite member of the racing club.

“This guy needs to be off the streets,” Brian Petersen, the president of the cycling club, said outside court.

Mark Sanford, whose daughter, Cindy, had been living with Peckham and dating him for nearly a year also attended the hearing. He plans to speak out for a long prison term when Bailey is sentenced in January or February.

“He’s a menace to society and the families don’t want to see him again,” Sanford said after the hearing.

Gary Goodman, Bailey’s attorney, could not be reached to comment on why his client decided to plead no contest.

Supervising Deputy District Attorney Jay Boyarsky said he would seek the maximum sentence or close to it. Bailey, who has a prior robbery conviction and a DUI on his record, could be sentenced to anything from probation to the maximum 28 years and eight months in prison.

“The evidence against Mr. Bailey is strong,” Boyarsky said. “The best thing Mr. Bailey could have done is accept responsibility as soon as possible.”

Peckham was on a training ride with other club members September 8 when he ventured a little ahead of the group, and was struck by Bailey’s speeding car. Court records show that Bailey continued driving before crashing the car he was driving down an embankment.

Witnesses told police that Bailey opened a beer after the crash and said: “I thought I was going to die, but I got out of the car like soldier, cracked a beer and downed it.”

Members of Peckham’s bicycling club have been grieving since the fatal accident, and the club held a memorial ride for him recently that ended at the site of Peckham’s death. Hundreds of cyclists took part in the silent ride — and some of those members were in court on Tuesday.

“We’re here to show support for John’s memory,” Kevin Susco said.