New Bedford man text messaged before deadly crash

I think a 10 year suspension on his license is quite harsh. I'm not advocating texting while driving by any means, but the the accident occured on Decemver 27th. What driver would expect a bicycle rider in December!!

2 1/2 years for the life of a child? It's well past time that
courts start treating vehicular homicides seriously. Bigos
should have to serve at least ten years for this killing.

Two and a half years? Hello? A kid is dead! I'm sorry, this is appalling.

a driver should always be aware of what is around him/her, no matter if it's 3 am in the dead of winter on an empty street. 10 years is not too harsh.

Ok. So, think about the parents of the 13 yr old. They have to be without there son for the rest of there lives.. And I'm sure he wasn't expecting a bicylcist, but texting while driving, he could've hit a car and killed the occupants inside. It doesn't matter if it was in December or July. You should not take your eyes off the road. And as a driver, you need to expect the unexpected...
So, the point is.. PAY ATTENTION AT ALL TIMES !!!

Come on Joanne - he KILLED someone. 2 1/2 years and a 10-year loss of license is nothing. Even if he wasn't expecting to hit a bicycle rider, the fact is that he wasn't watching the road and somebody's child died as a result of his actions.

My God this man KILLED a 13 year old child. He received just 2 &1/2 yrs. for KILLING a 13 year old child. If he were never allowed to drive again it would be too soon. People, please pay attention behind the wheel, I don't care if the boy were on a bike in the middle of a snowstorm in January you have to pay attention.

Joanne.....You IDIOT!! Blame it on the kid.?Of course you mean that everyone walking down the street at anytime of the year should be well aware there could be an idiot behind the wheel texting instead of paying attention?

What? Excuse reckless driving because one does not expect the unexpected? Never heard of such a thing. I thought scanning the road front, rear and side at all times is standard good driving technique. To spot the unexpected.

Oh well. We live in a cell phone world where phoning/texting is the be all and end all of culture. Sigh.

Outlaw the use of phones in cars, there are too many ding-bats out there driving while texting/phoning.

Are you serious? 10 whole years of having to ride the bus is nothing next to the 13 year old who will neve even get the chance to drive.
Get a grip Joanne. Would you feel the same way if you lived on his street?

Joanne - you are a full tilt idiot. Hope when you're busted for killing someone while youre texting instead of focusing onyour attention on the 2000 pound pile of steel on wheels you're suprisingly allowed to drive , that the penalty will be much, much harsher. Or, if someone you know gets killed by someone who thinks its cool to text whilst driving, you'll have the sack to say, "oooooh, thats soooo harsh!

I'm glad that everyone else agrees that you're a jackass.

Maybe they should enforce the law about two hands on the wheel.

At 40 mph, you travel about 60 feet in 1 sec. Best not to take your eyes off the road since if you take 4 seconds to look at your cellphone, you have gone 240 feet without knowing where you are going.

On the biking side, you're supposed to have your bike equipped with appropriate reflectors and an effective rear light, as well as a headlight. Any of those would have helped a lot. I don't know if the 13 yr old had those, I doubt it if he's anything like the 13 year olds around where I live. Reporters don't tend to get into that kind of detail, maybe it's considered "insensitive" to do so.

I think this will only get worse, as a generation is growing up now that is GLUED to their cellphones, texting. The first reaction they have when it goes off is to drop what they are doing and grab the phone. A very unhealthy instinct once they start driving. There have been many other car accidents and deaths that have been linked to either the driver actively sending, or simply receiving, a text message on their phone.

I think he deserves credit for turning himself in. He must have known what happened (the "thought I hit a mailbox thing could have been wishful thinking") couldn't deal with it at first, and then had the moral courage to turn himself in. Which he deserves a lot of credit for.

Come on give me a break!!! He should not even have a license. and if you have to be on the phone BUY a BLUETOOTH!!!! Don't EVER text while driving. He should be put away for the rest of his life.

When a bill to ban cell phone use while driving was in the Senate last year, the Senate Pres. dismissed it, saying she had no personal interest in it, or words to that effect!

Such a flip, cynical response to a serious public safety measure by a so-called legislative "leader" is disgusting and dangerous. That child might be alive today had she shown more foresight. Just too busy "interfacing" with
high-powered lobbyists to give a damn!

A driver must be prepared for everything that is on the road, at any time. No Excuses, No Exceptions. I think he got off very, very, easy for killing someone's innocent young son.

Driving while text messaging? That should be a life sentence in and by itself. You cannot operate a vehicle with your full faculties while text messagings. To my way of thinking, that is 2nd degree murder in this case. One of these days, a loved one of yours will be killed by someone text messenging while driving. Think about that... it will be your mother, dad, son, daughter, or other relative. Trust me... it WILL happen. Want to stop it? Make the laws say you go to jail on the first offense for 10 years. And teach your kids what's right and wrong. Parents... get a grip!

joanne your a frigging idiot he should lose his license for life plus got to jail for life for taking a childs life .what the hell why should the tax payers pay for him to be in jail he should just be dragged out behind the court house and beat to death

Sounds to me like an accident. Plain and simple. He too shall pay for this for the rest of his life. 2 1/2 years is plenty. Ten years loss of his liscense is to long in this day and age when a car is a priority. The whole situation is sad.

Joanne please do you have any kids ? Because if you do you are a moron for making a stupid statement like that... 10 years is to many it's not even enough...Get clue before you post another stupis statement

Hey guys, I don't think this Joanne is a real person....nobody could be that stupid. I think Boston.com just planted a controversial statement like that on the first comment to lure people in. What do you think?

I don't have a cell phone (by choice), so maybe some would say I'm not "qualified" to chime in on this one. However, my philosophy with respect to phones in general has always been - if it's that important, they'll call back and/or they'll know how to find me. When I'm driving I'M DRIVING! It boggles my mind and I will NEVER understand why anyone feels the need to chit-chat and/or text while driving - are you really that important that you have to have a phone glued to your ear or text messaging everyone? Apparently this man's text message was more important than this child's life. 2 1/2 years and 10 year loss of license doesn't cut it. A child was killed because he was too "busy" to pay attention. Tell that to this child's parents.

A new low in compassion, empathy, humanity; I would expect such a remark from moose hunters in Alaska.
MTH

The situation is very tragic. I agree that texting and driving is as dangerous as driving/drugging under the influence; so is putting on lipstick, lighting a cigarette, eating, looking at the dashboard while the police are tailgaiting to see if you are speeding ,having hubby get close up to you while driving can also be hazardous. Can anyone of us say that we are not guilty of distractive behavior. He did come forward, and plead guilty, he did not have to admit he was texting, he could have just told the police he was scared and did not no what to do. The fact that he did turn himself in took a lot of courage. Everybody is too quick to throw someone in jail. Today's prisons are not equipped with professionals to handle rehabilitation and the reality of crimes because they can't face there fears behind walls. The only fear they face is beatings and perhaps death, but that does not put a grieving innocent family at peace. What really works, and I've seen it on talk shows ,where kids went out and did harsh community service 2000 about the dangers of texting, drugging, oui, and how they have to live with the fact that they took someone's life.; and to face the families of the innocence, they need to relive the experience so it never happens again, that is the positive way of thinking. Next time when we want to impose a harsh sentence on someone, think of our
own behaviors, what we might think could be an "accident" might not be in someone else eyes

People need to expect a child in the road at anytime whether they are on a bike, pogo stick, toboggan, rollerblades, or on foot. If the fool thought he hit a mailbox, then he clearly was not between the lines.

We're all appalled when liberal judges give liberal sentences!?!?! What a crazy state this really is.

Any cell use while driving is ill-advised. When the victim is particularly cute, or wealthy, maybe there will be a real response.

Joanne when its your son, nephew or brother who's been killed, will you speak those same words outside the funeral home.

I agree with almost all the posts, but might I suggest an even bigger problem? How about the District Attorney down there for even allowing this? Please tell me I'm not the only one sick and tired of these people bragging and self-promoting about everything they do. Any DA that does anything other than hide his/her face about allowing this should be run out of office at the earliest convenience. I wish just one of the many talented journalists in the state would track bail requests and deals made by DA's and then MAYBE we'd all see what many of these pols are all about.

I think post #1 Joanne is an idiot!

Come on people. Accidental homicide is vastly different from intentional homicide. This guy didn't run down this kid in cold blood, he mad a mistake. A huge mistake, but a mistake nonetheless. A mistake that he is willingly paying the price for. I mean, come on, he turned himself in! This man will be haunted by this for the rest of his life. Years after he gets out of prison he will think back about how a 13 year old child died because of him. But to put a man in prison "for the rest of his life" for a mistake that any teenage girl with a cellphone could make any day, thats just preposterous. He is willingly paying his debt to society, and will be paying long after we've forgotten it. Let it be.

Under Commonwealth of Massachusetts law, we cyclists have the same rights and are subject to the same rules as motor vehicle operators unless explicitly posted otherwise. There are many of us who use the bicycle as primary transport twelve months out of the year. And the failure of a driver to "expect" a cyclist has led to many, many accidents--in December and otherwise.

Bicycles are everywhere, and cyclists are far more vulnerable than drivers. Please, start noticing cyclists, and look twice--is five seconds saved worth the life of your neighbor?

STOP RIDING BIKES; I live in North Andover and those STUPID BIKERS ARE ALWAYS CLOGGING UP OUR STREETS. Sometimes I just use my SUV to block them too especially at stop lights. Calling all SUVS block the right side so bikers can't pass. There so reckless and cause problems and stop waving you hand in the air at every turn. Go to Lexington or Concord and use the minuteman bikepath thats what its for not main street.

Sounds about right to me. There was no malice or intent. It was a tragic, stupid decision. We don't live in a black and white world -- neither letting him free nor locking him up for life are appropriate. People make mistakes.

Have you ever made a driving mistake? Not seen something but gotten lucky? Driven into glare? What if you'd accidentally hurt or killed someone by accident? What would be the best thing for us as a society to demand? Permanent incarceration? No. Punishment? Yes.

I THINK CELL PHONE USE WHILE DRIVEING SHOULD BE OUTLAWED FOR THE GENTLEMAN THAT KILLED THE 13 YEAR OLD SHOULD OF GOTTEN 10 YEARS IN PRISON AND NEVER TO DRIVE AGAIN AND HALF TO WRITE TO SENATE TO HELP GET LAW CHANGE

I don't even USE my cell while driving, but I have friends who text at the wheel like it's nohting. I always ask "What's so important?" and it's an emergency like "I have to let my husband know we're almost back from lunch".

Unbelievable. I don't know how you take your eyes and one hand off the road because someone NEEDS TO KNOW "I got the bread and eggs", "I just turned left".

Sad and very scary.

Joanne, if there was no snow on the ground, maybe the kid was out riding a bike he got two days earlier on Christmas day, you moron. How UNEXPECTED!

I normally disagree with most comments here...but holy crap, this is CRAZY!!! I won't insult someone based on what they post, it's her right to be wrong.

An example should be made of this guy....seriously. It doesn't matter if he hit a 6mo old newborn, a 13yr old kid, or 70yr old retiree...he hit and killed someone!!! Life in prison, and 100% of all his assest sold with the cash to the family of the deceased. People will continue to text and drive, talk and drive, eat and drive, and yes drink and drive. We need mandatory sentencing for every crime. Sounds like a lot, but it's not.....here's an example as crazy as it sounds.....

Conviction of murder=death sentence after full appeals process to insure guilt.
Conviction of robbery=10 years prison, repeat offenders have a hand cut off.
Conviction of drunk driving = Loss of license for life, although what would be considered drunk needs, needs to be adjusted. If you weigh 110lbs and have 4 beers, you shouldn't drive. I weigh 235lbs...4 beers won't affect me nearly as much. Not saying I'd be sober or unaffected, but people are different....

Okay, done ranting...back to Discovery channel. Mythbusters and Prototype this are awesome....

Lash...you can't blame the government for what happened. drugs are illegal and people still do them. Just because their would be a ban on cellphone use while driving doesnt mean its going to completely stop. Tina, please put away for life? Doesn't everyone make mistakes? don't you think its just wrong place wrong time kind of deal? i don't think this man was out looking to run someone over. Let him be put in jail for 2 1/2 years and have his guilty conscience eat at him for the rest of his life knowing he killed a young boy. You people have no sympathy! atleast the man turned himself in!!!! give him a damn break. People die everyday young and old..thats life.

This is such a tragic story. God bless this young boy and his family and friends. Texting while driving is IDIOTIC at best. He made the right decision to turn himself in and admit his mistake. It was a horrible, stupid, senseless mistake and it is amazing how stupid people can be but he did the right thing to admit it.

That's all a young life is worth in the Commonwealth? 2 1/2 years? I heard that life is cheap but Gee Whiz........Why? Motor Vehicle Homicide is only 2 1/2 years......I'll never ride a bike in this state.

This could have easily been someone putting on make-up, reading the paper, or eating a burger etc. What people will do to multi-task is crazy. Driving a car is already a multi-tasking process. If you turn off your phone while driving, that removes the temptation.

People should not be talking on the phone with out their hands free, which clearly means that people should not be TEXTING when driving. I do, however, have respect for Craig Bigos for turning himself in. I am sure that most people would not have the courage to do this. God Bless the family of the boy riding his bicycle who was accidentally killed. I have every faith that Mr. Bigos will think of this boy every day for the rest of his life.

Now that I look again - his hair really says it all...

Everyone is missing the point here. "PUNISHMENT" AND "JAIL" does not work. It might for that "one" offender who got caught. It doest not bring back a life, Most people think it will not happen to them. Laws suck , some policeman can't even monitor "details" , not all , without talking on cell phones or drinking coffee. We live in a distracted society. I've almost died because of someone else's negligence. Today you use caution you watch out for the other person. I know in this case he failed to do so. His punishment is he has to live with the fact he killed someone, and if he can go give speeches on the dangers on texting may be he can make a good deed in saving someone else's life, or get threw to some one else who engages in this risky behavior.
Set up a foundation in the child's name and create advanced technology that cell phones don't work while the keys are in the ignition, or monitor people with "diarrhea" fingers with a tracking device if they are caught with distractive behavior they will have their cell phones taken away. That is more of a punishment then taking away a license. phone was the link to the death

I stop at the end of busy intersections, when I don't have the STOP sign , because someone might be texting and blow through there STOP sign. I stop to slow at yellow lights for fear that the other person will beat the light.

I remember this case...the guy has four kids with his girlfriend. Seems like he was a jerk and an idiot before this happened. Now he's an idiot who killed someone. At least he won't be procreating for another 2.5 years.

Two years is definitely not enough! I believe post #1 Joanne is a complete idiot and post #34 Alex is just a complete retard. Read the article again ALEX!!! Obviously the boy was on the side of the street because the New Bedford guy thought he hit a mailbox so ur comment doesnt refer to this situation. The guy should have been charged with more than two years and should have got his license revoked for forever. This guy kept going because he figured he hit an object which is reckless driving. Whether he turned himself in or not, two years isnt enough. The family of the thirteen year old really should try to get a law enforced and name it after earl to stop the use of cell phones while driving.

By definition, if someone is typing text messages s/he isn't paying attention to the road. I do very little texting, under the best of circumstances, but I always have to use both hands, one to hold the phone and the other to hit the keys. If this creep were anything like me, then he didn't have even ONE hand on the wheel.

The poor boy is going to be dead for a very long time. This was an accident that didn't have to happen. I think that the driver has gotten off quite lightly, perhaps for having had the integrity to turn himself in.

To Joanne, who said, "What driver would expect a bicycle rider in December!!"

I think the better question is what driver should be TEXTING while driving! The rules are keep your eyes on the road and be aware of your surroundings. He was doing neither.

This guy kills someone and gets less time in jail than this poor boy had on earth. God forbid someone you loved died by the same means....I bet you'd feel differently.

I used to be an avid recreational cyclist and now am fearful of being on the road with people driving while distracted. It's as bad and dangerous as driving while intoxicated. The sentence for this loser is way too lenient. I have a 13-y-o son and would be devastated to lose him to a senseless accident and then have to suffer the indignation of what is essentially a "slap on the wrist"" to the offender.

I'm going to get flamed, but here goes ...

Riding a bike without lights after dark in the winter ===> suicide wish. The driver is at fault due to texting, but the cyclist would probably have been hit anyway if they were wearing dark clothes. I'm a former cycle commuter myself, and would remind myself how close to invisible a cyclist with no lights/reflective jacket is at night. You can't count on the reflectors stuck on new bikes; they get lost amidst oncoming lights, streetlights etc.

That said, texting or even talking while driving will eventually lead to an accident. It's tempting ... but it's a big mistake.

Oh, and Alex #34. Assuming you're not a 7th grader trolling the comments: Bikes were around before cars and have the legal right to use all roads other than limited access highways. You have a serious problem and should get help before you join Bigos in jail.

if this happened in florida he would be looking at 10 to 15

Ok, even though I believe he should get 10yrs jail, and not license suspension, lets look at the "compassion/empathy" line. This guy claims he thought he hit a "mailbox"??? Umm, dont think so. Someone thinks they hit a mailbox and doesnt look in their rear-view mirror to see some kid lying on the road, and another kid walking beside where he was?? This is a blatant lie. He was scared, plain and simple, and like the coward he was, ran, and only admitted to it after he knew how much trouble he was in. So for those compassion seekers, I hope your not half the coward this guy was, or if you are, I feel compassion/empathy for you.

Teresa Murry our estemed "leader" in the Senate who said cell phone use in autos was a low priority with her after it had passed the House and went to the Senate should be in the cell with this moron and for a lot longer than 2,5 years.

With DiMasi it's a Condo and with her it's the cell phone companies.. at least Sal's condo isn't killing people., but a pay off is a pay off !!

A EYE FOR A EYE THE MAN SHOULD GIVE HIS LIFE THE POOR BOY"S FAMILY IT'S NOT RIGHT.

I agree most with #32 Glen. Mistakes are mistakes. Yes, he should get some jail, and some loss of license as well. He did go turn himself in after all. Most of the people on here have done something distracting while driving at one time or another. I almost killed someone on my 24th birthday. It wasn't drunk driving or driving at all for that matter. It was a freak accident while deer hunting. My gun discharged through no fault of my own and struck a friend in the leg. We are still friends to this day. Here's the kicker. It was a cell phone that saved his life! This happened when cell phones weren't very popular. I still live with the trauma from the incident. I relive that day every bday.

Doesn't he look like Spiderman?

2 1/2 years and out in 1 yr for good behavior, hard to imagine.
If alcohol would have been involved he would have gotten 10 yrs.
Maybe its time to pass the "No Cellphone Use While Driving" law

What if you are driving down the road looking a kids to your left playing then out of no where a kid on a bike comes out of no where and you hit and kill that kid? I believe this is what we call accidents.........There are so many disatraction on the road these days and if a death results of an accident we go to jail for it. Not right at all....................my sympathy for the family of a lost kid and to the driver and his family. so one goes out and starts a fight with stabbing someone and they get less time.

fred

PMD I agree with you 100% The worst punishment is already done, living with the guilt of taking a childs life.

I agree with Fred. The man is servinf 2 1/2 years for an accident , he did not mean to hurt that kid. It is a shame and a ragedy, But the man made a mistake and he will pay for it, I promise you years after he is released his guilt will be there. I pray for both families in this matter. It is a shame when things like this happen.

The sad thing is that bike was probably a x-mas present, and the parents probably feel guilty for buying it. A kid was riding a bike in winter... last winter didn't get really bad until January, but I'm sure the same one's talking about the kid shouldn't have been on a bike, complain about kids staying in the house playing video games all day. Remember when we were kids, nothing in the world stopped us from riding bikes or playing outside.

Then there are the ones who say treat it like an accident. It's only truly an accident if preliminary cautions were taken, such as keeping your eye on the road, not texting while driving, seeing what that thump was... etc. If he didn't do any of that, it is negligence. He was so consumed by that text when he was driving, he didn't even know he hit a kid. For everyone who thinks the punishment is too hard, what if it was your kid??

I think all you morons are being a little hard on Joanne. First off it was an accident, not like the guy was out looking for someone to run down. Also, How many of you judgmental asses have kids of your own that have cell phones and a drivers license? Guaranteed they are texting while driving...so if they hit and killed someone you would want such harsh things being said or acted upon for your own child. How about instead of overreacting to someone's opinion you write a letter to your state representative or the equivalent and show your support for the cellphone ban while driving. People that live in Glass houses should not throw bricks as I am sure the majority of you are guilty of being distracted while driving if not worse.
One more thing people...for goodness sake try spell checking before posting something for all to read. You are just making yourself look like a stupid moron like Keith for example. All computers come with spell check

texting is FAR MORE DISTRACTING than talking on the phone, (I don't condone either)... You need to be looking at the screen and the buttons while texting. This is like reading a book while driving. Alot of teens especially are guilty of this, add up no driving experience, distractions of friends in the car, not being observant and throw texting on top of that... it's a recipe for vehicular manslaughter. Things happen fast at 50 mph. The legislature needs to adress this situation. seious penalties for texting while driving need to be imposed because it shows a severe lack of judgement.

I think there were MANY accidents that took place that night. Obviously swerving off the road at the exact location of a child on a bike was a horrible "coincidence." Anyone with a child should be mortified. Anyone with common sense would hear this story and immediately never text while driving again. The problem is....no one ever thinks that something like this would happen to them, and I'm sure this guy didn't either! He has children of his own and all of their lives would have been ruined if he spent his whole life in prison. It's not the bike riders fault a car hit him. Why was he out of his house in the middle of the night if he's 13 anyway?? His parents/family must feel a lot of guilt becaue of that. I think we all make mistakes and accidents do happen, some like this one are much more severe. It's how someone handles themselves and stands up for what they've done wrong that determines the type of person they are. With all the controversy and media around this I'm sure the courts took EVERYTHING into consideration before making the 2 1/2 year decision. I bet half the people on here blast him for kiling a child, but they probably text while driving themselves!!!!

My condolences to the families involved. It was a horrible and senseless tragedy. Where common sense seems to allude many people the solution is a very simple one. BAN ALL CELLPHONE USE WHILE DRIVING PERIOD!!!!! Impose large mandatory fines (Massachusetts, you should like that), require a "cellphone offender" to take a drivers education course regardless of their driving history or previous courses, revoke licenses, do jailtime....., etc.

New England drivers are notoriously bad drivers. People slow down, be respectful and if your running late, leave earlier next time!!!!! Risking others' safety isn't worth it.

Let's not forget that he left the scene. I'd bet almost anything he did that because he was drunk, something which was impossible for the police to prove the next day. It's hard to believe that he thought he hit a mailbox, and even then, he shouldn't have left without saying anything to anyone.

And are we sure he feels any guilt at all? It wasn't reported that he apologized and fleeing the scene seems to indicate more concern with his own welfare.

Driving is a responsibility, not an inalienable right. When you get behind the wheel of the car, it is the drivers responsibility to control their vehicle at all times. Why wouldn't you expect a bicycle to be on the roads in December? Do you not expect to see pedestrians walking around in December? Remember that not everyone can or chooses to drive a car.

Whenever I read about a case like this, I try to imagine myself in the position of the parents. What would I consider to be a reasonable punishment? I'm not sure. There is nothing this man could do to bring back the child and, if he has any morals at all, he will live with this guilt forever. Will having him behind bars for 2 1/2 years do anything to prevent accidents like this from happening in the future? I doubt it. So why not suspend or revoke his license and send him on a speaking tour to driver's education classes to tell his story to up and coming drivers? This seems like a more just punishment and something that may well prevent the same from happening in the future.

I don't condone talking or texting on your cell phone while driving, but what was a 13 yr old doing out on his bike at 12:30am? Where were his parents? I also think anything done (other than driving) while driving should be banned: putting on makeup, shaving, eating breakfast, etc.