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.
