“At 77, Mrs. Ward has had plenty of time to know bicycles don’t belong on the sidewalk.”
Not necessarily true. It’s circumstantial. If the car lanes are so narrow that a bicyclist is either an obstruction to the cars or using the car lane is unsafe to the bicyclist, then the sidewalk, if there is one, is often a legal alternative.
I used to bicyle a lot in my area. There are some sections where both the car and truck drivers and I were all glad I had a section of sidewalk to use.
As to the conviction.
I think the shouting woman has some mental issue related to her disability.
I think that is fair to consider in any sentence, but is not fair as a total excuse, in terms of general innoence or guilt, as far as “negligence”. “Forgiveness” toward her should be tempered by the justice and mercy for the woman who died. Justice should be equal in some way to both.
Regardless, the case seems to have been handled poorly.
There are different ways in which someone is negligent in someone’s death, and they are not always “criminal”, but can still be considered negligent. The prosecutors (1) never seemed to make that distinction and (2) then never identified the law broken by the screaming woman. THAT legal fine line seems to be basis for the appeals court ruling.
The only legal alternative should be: Dismount from your bicycle and continue as a pedestrian.
Regards,