Deseret News | Driver arrested in road-rage incident

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Driver arrested in road-rage incident

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Anonymous | 1:50 p.m. Aug. 7, 2008

nothing enflames a motorist quite like being reminded they are not the only person on the road.

The vast, vast majority of cyclists do share the road. So do the vast, vast majority of motorists.

The vast majority of cyclists pay very close attention to the cars and trucks around them and do everything they can to keep themselves and others safe -- sometimes that means riding in the middle of the lane. Sometimes it means pulling off to the side of the road to let people pass. Same can't be said for motorists, though.

One sided? | 2:28 p.m. Aug. 7, 2008

The Shane Duleavy, guy, we saw him on the news today, and he didn't look like he was hurt in anyway shape or form. He probably was stirring the pot on this fight just bit himself. Road rage just doesn't happen for know apparent reason. I think they both need to be charged for the crime and not just the guy in the truck. You don't innocently bust some guys mirror off his car for no reason at all. Sounds like they were both to blame on this one. This is definitely a two man fight.

Bike Commuter | 2:38 p.m. Aug. 7, 2008

I've biked, almost exclusively, to school and work for the past 10 years. I also drive a car for many trips.

I have encountered many rude, reckless, inconsiderate and inattentive drivers. But the majority of drivers I've encountered are courteous, considerate and attentive.

The same can be said of bikers I've encountered, both "hardcore" as well as occasional bikers.

I rarely think about the hundreds of drivers or dozens of bikers I pass or am passed by, unless they are doing something annoying or dangerous. I maintain that really bad motorists and cyclists are a minority, but their behavior is so obnoxious, they are the ones we remember. This taints our perspective of the whole group.

Bikers should share the roads, so should drivers. Bikers should follow all traffic rules, but rarely do. Same goes for drivers. Both rarely come to a complete stop at stop signs.

I'd guess that the drivers who get so upset at bikers are also the ones who rant about slow drivers (anyone following the speedlimit) in anything but the far right lane, and are probably some of the worst drivers themselves. This isn't about bikers vs. drivers, it's about civility on the road.

Comments continue below

Drive Safe | 3:00 p.m. Aug. 7, 2008

I try to drive safe, obey the speed limit, be courteous, so the road won't get mad at me.

I don't like it when the road rage's.

NY | 2:58 p.m. Aug. 7, 2008

Bike Commuter: You said is best of all. I drive and I bike and my experience is the same as yours. You are right, this is an issue of human beings being civil to one another.

Observation | 3:09 p.m. Aug. 7, 2008

At work or at other social gatherings, I've noticed that the folks who excercise, run or bike never really complain about people who bike or run on the road. The other folks who are slobs, non-exercisers, and just genetically incompetent to ride a bike anyway, are the ones doing all of the complaining. It comes down to just pure jealousy. Those who exhibit road rage to runners and cyclists are not able to participate in that activity anyway. And for the record, there are just as many idiots and morons that bike as there are that sit behind the wheel of a car. So I don't think either side will ever gather up enough brain cells to get along. I've also biked long enough to realize too that some of the ignorant bikers mentioned above kind of deserve to get hit. Those of us who bike with respect for the flow of traffic can't stand those guys either.

Well said | 3:16 p.m. Aug. 7, 2008

Well said 2:38.

We should all admit that the vast majority of cyclists are responsible riders and don't cause a problem (despite the comments here about how "all" cyclists are this or that).

We should also all admit that the vast majority of drivers are very good around cyclists (despite the comments here aobut how "all" drivers are this or that).

re: one sided? | 3:20 p.m. Aug. 7, 2008

3,000 lb+ truck VS 15lb bike. you be the judge.

Scott | 3:54 p.m. Aug. 7, 2008

Get a life Barto

Lance | 3:58 p.m. Aug. 7, 2008

There's only one thing worse than a bicycalist on the road and that's a unicycalist. They're all over the place. Taxes for raod funding come from Slurpee sales. There fore only 711 patrons are allowed to use the roads.

Dirk | 4:01 p.m. Aug. 7, 2008

As a 'newbie biker' I'm well aware of the fact that I would come out on the losing end in a matchup with a car and ride very defensively. So it irks me when I see some bikers take a 'me, ME, MEEEEEE' approach to their road space. Sort of like the 'Don't you know who I am?" approach for getting out of a traffic ticket. To all the other courteous drivers and bikers out there...Peace!

Bike 4 Freedom | 4:17 p.m. Aug. 7, 2008

Apparently, some of the people who have commented here need to go back and re-read the Utah Driver Handbook.

Here's just one tiny bit:

"Bicycle riders on public streets and highways have the same rights and responsibilities as automobile drivers. Drivers of motor vehicles must treat bicycle riders the same as drivers of other vehicles. Bicyclists are not out of place on the roadway - they are part of the traffic and share the road with other drivers. They must obey stop signs, traffic lights, and most other traffic laws and signs." -- 2007 Utah Driver Handbook, Page 29.

If drivers would just follow the Utah law requiring a -minimum- of three feet of distance away from bike riders, things would go much more smoothly. I try and obey all traffic laws when I commute or exercise on my bike, so classifying people like me with the bad apples out there is simply unfair.

Bomar | 4:38 p.m. Aug. 7, 2008

You bike lovers need to get two things straight. One if you ride a bike you don't have the option of riding it on the road and on the sidewalks, whichever suits you, as well as ignoring traffic laws i.e. stop signs, red lights, illegal turns in front of traffic, wear dark clothes so you are not visible. Second stay out of the middle of the road. Ride on bike paths where you belong or move where the local government caters to bikes. I am amazed that there are not more accidents involving bikes with the way many bicyclists ride their bikes, it doesn't take crazy drivers to cause accidents with the many crazy bicyclists riding all over the roads thinking it is their private race track.

Utah Law says 3 feet distance | 4:54 p.m. Aug. 7, 2008

Utah Law says a driver must allow 3 feet distance from a cyclist. 99.9% of cyclists will try to let a motorist pass, but if 3' is not enough room to pass, the motorist must wait. In this case, Mr. Barto was obviously breaking the 3' law and assaulting the cyclists in doing so (threat is assault). Shane had every right to defend himself by grabbing the guy's mirror.

Darin | 5:06 p.m. Aug. 7, 2008

Don't forget, most of us cyclists also own cars, we pay for the roads in registration, gas tax and other fees. I agree that all cyclists should obey the traffic laws. Why are you motorists so angry, will you run my children over if they walk to school, sideswipe a school bus that stops at Railroad tracks because they made your commute 10 seconds longer? Most motorists are always very courteous to me and I try to stay as far to the right as possible avoiding debris. I encounter so many more rude drivers while I am driving my car so please don't tell me how rude we cyclists are. Thank you to all of you courteous motorists. For all of the other's, put down the doughnut and cell phone and try to enjoy life before you keel over from being obese.

Bike 4 Freedom | 5:17 p.m. Aug. 7, 2008

If Utah County would build a bike path directly from my house to my place of employment, I would gladly ride it.

Until they do, I'll ride on the road, which is my right.

Monica | 5:15 p.m. Aug. 7, 2008

What irks me the most is when some guy on his bike deliberately continues to ride down the middle of the road even after i have slightly beeped my horn for him to move over. He then just continues to show me who's boss on the road with his narrow shoulders and big behind, and this is not a pleasant view of things. Finely when this type of bicyclist decides to let me pass him they usually give me the finger. Quite offensive. I do not speed and one would think that these people would at least show some courtesy.

Bomar is out of the loop. | 5:29 p.m. Aug. 7, 2008

Bomar, read Bike 4 freedom. just one post before yours.

Cameron Hess | 5:36 p.m. Aug. 7, 2008

This driver should be in jail for attempted murder and permanently loose his drivers license and consigned to ride a bike for a year after he gets out of jail. Period.

That said, I didn't read any comments about the insurance issue of this story. Why is it that the insurance company will cover bicycle damage due to theft or accident, but not if someone chooses to deliberately run into you? Is that also the case for automobile insurance? If someone deliberately hits you while driving your car, you are not covered? I doubt it! The only way to get compensated for damage due to intentional contact is to sue? Seems like the insurance company is as much a bad guy as the maniac driver. If our client deliberately hits you, we don't have to pay!?!?!

To Max | 5:39 p.m. Aug. 7, 2008

"If a biker dismounts, he IS a pedestrian. However, I am amazed at how many bikers completely ignore the PEDESTRIANS ONLY signs at Bridal Veil falls in Provo Canyon and just keep on pedaling (in other words, bikers need to dismount and walk their bikes through that part of the trail). I was very happy to see these signs placed there because the bikers whizzing through posed a serious danger to those who were watching and playing near the falls. I did not anticipate that these signs would be uniformly ignored. I would like to see some law enforcement officers up there giving out tickets. They could make a fortune in fines."

I have ridden/waked a bike past Bridal Veil falls many times and the thing that drives me nuts is the pedestrians standing around blocking the entire bike/walking trail. Pedestrians please move off to the side so I can at least walk my bike past the falls!!! I can't get by if you and your children are blocking the whole path.

Scott | 5:44 p.m. Aug. 7, 2008

I was up on the highway to Mirror Lake and to put that many bikes on a narrow road with very little room for cars and trucks to pass was stupid. These bikers were asking for problems. It was on a busy Saturday with lots of trucks and trailers. I'm thinking a race like this belongs on a weekday not a weekend on such a busy road. It was very frustrating and annoying to pass all of these bikes. This road is way too busy and narrow for such an event on a Saturday.

California Triple Crowner | 5:46 p.m. Aug. 7, 2008

To Bomar:

You need to get two things straight.

#1- Go back and reread the posting right before your own.

#2- See #1.

P.S. I *totally* agree with Bike Commuter 2:38.

Can't we all just get along? | 5:54 p.m. Aug. 7, 2008

Monica, you're absolutely right. I am a cyclist who commutes to/from work everyday and I cringe every time I see other cyclists who run stop signs and stop lights and break other traffic rules and who refuse to share the road and extend courtesy to others. I know that they feel they are protecting themselves by insisting on using the entire lane, but unless there is heavy oncoming traffic that would force passing cars to crowd me on the shoulder (or parked cars on the shoulder who could open their door into my path), I always try to let (and even encourage) cars to pass me...at a safe distance. :) Thanks for your comments.

Kev | 6:09 p.m. Aug. 7, 2008

Re: Cameron Hess, I think you have it all backwards. If it were the bicyclist behind the wheel of a car, then we would see who would be trying to kill who???

Linda | 7:04 p.m. Aug. 7, 2008

Re 5:54
You are one of the "truthful ones" on this site. I think it would be a great day in the world and on the road if there were more people like you out there who were courteous to others as you are... You are truly a decent person. Many of us appreciate your comment.

Anonymous | 7:04 p.m. Aug. 7, 2008

I would agree that bikers do not have a sense of entitlement if they didn't hog the jogging trails. The rules clearly state that bikers do not have the right away. But they believe they own all the jogging trails as well.

I've lost count how many times I was taking a walk with my family only to have some idiot biker scream at us to move over while he is going way too fast. I've almost been run over, my children have almost been run over. They glare and snarl at us as they zoom by. We'll be hugging the right side of the jogging trail only to be screamed at so we move and then another one will scream at us so we have to run all over the bike trail trying to get out of their way. They will pass screaming and foaming. Only one time was a biker polite to us. We don't go on the jogging trails anymore because even though it clearly states jogging trail bikers believe it to be a racing trail only for them.

ssp | 7:08 p.m. Aug. 7, 2008

I rode the race mentioned in this article, and found that almost all drivers were very courteous. I thank them. In reading most of these posts, I have to agree with both the drivers and cyclists. If I am on my bike and a car cuts me off or pushes me over I do yell at them. If I am on my bike and a cyclist doesn't stop at a light I catch up and yell at them. If cyclists would obey all traffic laws and cars would give us a little room then it would be safer for all of us. Pay attention drivers, that guy you just ran off the road could be your neighbor. Cyclists, that guy you did the obscene gesture could be your home teacher. Grow up, and learn to get along.

re: anon 7:04 | 7:40 p.m. Aug. 7, 2008

Your nose is growing.

Wheelbuilder | 7:49 p.m. Aug. 7, 2008

If a car was close enough for a cyclist to grab its mirror, the driver was breaking the (3-foot) law. No matter how rudely a cyclist was behaving, trying to kill him is much worse. Ever hear of two wrongs don't make a right?

Many of you non-cyclists are confusing rudeness with behavior that threatens another human's life. Please get some perspective before you drive again. A car is as much a deadly weapon as is a gun.

If a driver tries to run over a cyclist after an argument, that driver should be charged with aggravated assault, if not attempted homicide.

As a cyclist, my life has nearly been taken many times by inattentive drivers doing things like talking on a cell phone or even texting while driving. I think distracted driving should be prosecuted like drunk driving.

Oh, and when you pass a cyclist on an empty two lane road with a broken center line (passing OK), pull over into the oncoming lane to pass if you can. You may not be able to see the fingers of the biker's hand raised in your direction, but they're likely to all be extended in a friendly wave.

Racer X Jones | 8:18 p.m. Aug. 7, 2008

You know sadly I have rode and raced in a few states and California where there are 3 cars per one family condo I never had a problem with people there. We had 150 - 300 riders and took two lanes for half a mile.

Here in Utah I do feel like cars are not used to as many riders as Cal but we both should have respect for each other. I have been in a hit and run where a car hit me while I was on a morning ride and she drag my bike for 100 feet a week before I was going to do LoToJa. She didn't stop but just drove off. She was later caught, but that was luck. I was riding on the side of the road with traffic, which there was very little.

Cameron Hess | 8:18 p.m. Aug. 7, 2008

Some cyclists get defensive when they are vulnerable and feel threatened, or when their right to use public roads is challenged. Sometimes they yell back at those who yell at them. I'm sorry to say that I've been guilty of this on occasion. It never improves the situation and usually makes things worse. A big smile and a friendly wave usually diffuses the situation. This is HARD TO DO when your life has just been put in jeopardy by careless or inconsiderate drivers and the adrenaline is still pumping. The driver may still feel upset that they've been inconvenienced by a cycle slowing them down for a few seconds, but they'll usually drive on muttering to themselves rather than looking for a way to get even and maybe using their vehicles as weapons like Mr. Barto or the So. Cal. E.R. doctor Christopher Thompson who seriously injured 2 cyclists last month on Mandeville Canyon Road by pulling in front of them and slamming on his brakes. (since we're not allowed to post URLs, you could Google the name and place for the story)

Oh, and Kev, you have a nice day now, ya hear? :)

Racer X Jones | 8:16 p.m. Aug. 7, 2008

OK here is Utah state LAW as per the UTAH drivers hand book page 29
"Bicycle riders on public streets and highways have the same rights and responsibilities as automobile drivers."
"Although bicyclists will normally ride near the right-hand curb or edge or the roadway, they can legally move left to turn left, to pass a vehicle or another bicycle, or to avoid debris or parked cars. Expect any of these moves by bicyclists in a regular trafic lane."

In no way has it stated that we should be on the side walk.
And finally
"Utah LAW requires a minimum three (3) Feet of distance from any bicyclist you are passing."

So until the laws are changed and freedom taken away, we should all share the road as we live in a free country where we are free to ride and drive together anywhere we want.

Be safe and friendly

RE: TO MAX | 8:23 p.m. Aug. 7, 2008

You can't be enjoying the falls and constantly looking out for bikes racing through. That is why they put the signs there. The whole point of requiring bikers to dismount is to protect those kids who are playing near the falls. At that point there is no trail. It is no longer a bike path. It is simply an area for people to enjoy the falls. I have been there literally hunderds of times over the years and not ONCE have I had a problem walking my bike through there.

Re Wheelbuilder | 8:31 p.m. Aug. 7, 2008

Perhaps the cyclist got to close to the truck and didn't keep his 3 foot distance. Did you ever think of that? Two sides to every story. I think both of these men should be sited, or even better, both go to jail. I'm tired of listening to those cyclists blame the cars.... Get life you whinny cry babies!! And please try to grow up!

Disgusted | 8:36 p.m. Aug. 7, 2008

Had Barto not hit Mr. Dunleavy he likely would have hit someone else. Maybe a woman that might not have been able to keep herself from getting under the trucks wheels. The important thing to remember is that every person on a bike is a father, a mother, a sister, someone's child. . . a human being. Ten seconds of your life to wait for a cyclist is not too much to ensure the safety of a life.

2 wheelbuilder | 8:41 p.m. Aug. 7, 2008

what do you suggest I do if I need to pass a cyclist and there are cars in the oncoming lane? a head on collision doesn't sound very appealing and i may not have time to stop before hitting the cyclist who i come upon after driving around a curve or at the top of a hill. a head on may total my car and seriously injure or kill innocent people in my car or the oncoming car. never mind, i think i know what to do now.

TRS | 8:54 p.m. Aug. 7, 2008

Well, "Disgusted"
you seem to have a great imagination. Maybe you should get it under control before you run over somebody.

re: 2 wheel | 8:57 p.m. Aug. 7, 2008

here's what to do.

Slow down and wait a couple of seconds. Then pass.

It's not that hard.

Insurance | 9:16 p.m. Aug. 7, 2008

From the story the great American insurance industry is again wiggling out of helping people out in time of need!!

They sure like to get the money from customers,
but sure DO WIGGLE OUT OF PAYMENT when a customer of theirs is a BAAAD Citizen...

Follow up story ?? | 9:20 p.m. Aug. 7, 2008

When an article such as this one racks up 136 responses, it's worthy of a follow up story as to why this subject is so controversial. Obviously this subject has resulted in an "us vs. them" situation. There has got to be more to this anger from both sides as to why this is such a touchy subject. As a cyclist, I still don't know why some people can show so much anger towards me while I am out just minding my own business.

Racer X Jones | 9:33 p.m. Aug. 7, 2008

To 2 wheelbuilder.

Once again you treat cyclist like another vehicle on the road. As per state law if you can't pass with 3 feet, then you will have to wait until it is safe to pass with 3 feet.
In no way am I asking you to have a head on with another car any more than I want you to run me over.

What would you say to my son if you ran me over because you were in a hurry to get some where and he had to grow up without a father.

Just be safe and careful everyone. I know we live in a life of hurry up and wait. Drive really fast to a red light to wait. WE all do it....

Life is way the heck more important than 15min of work, or a son not having a father.

You are driving metal death machines that can kill others...

Wheelbuilder Responds | 9:48 p.m. Aug. 7, 2008

If you don't keep an adequate lookout and rear end a car driver going your direction in your lane, it's your fault. If snow or other conditions increase the amount of distance you need and you don't adjust, it's your fault, period.

Same for a driver behind a bicycle. If you hit the bike because you're trying to pass when it's not safe, IT"S YOUR FAULT. If you are going so fast you couldn't react to debris in the road instead of a bike you need to slow down.

The truck approached the bike and didn't maintain a 3 foot distance, I'm pretty sure that's breaking the law. The driver's responsibility is to maintain the 3 feet. If the law stated a bike had the responsibility to stay 3 feet from a car bikes would have to leave the road nearly every ride to comply.

If you need to pass and a bike is in your way, you are obliged to slow down and wait as long as it takes. A considerate cyclist will try to let you pass as soon as possible, but if you encounter a rude cyclist, that doesn't change your responsibility as a driver.

Re: Anon 7:04 | 10:26 p.m. Aug. 7, 2008

You say you hug the right side of the trail. If you you are on the Provo River Trail, you need to check yourself. You need to be in the PEDESTRIAN lane and that isn't the ride side for much of the trail.

Another rude thing peds do is bring dogs, even large dogs like Great Danes on the trail WITHOUT A LEASH. Why aren't you complaining about that?

2 - 2 wheelbuilder | 10:30 p.m. Aug. 7, 2008

Quite a rude comment. Just remember after making your choice that the spouse and little kids of the person you hurt will sue you for everything you own and that your wages will be garnished for the rest of your life.

Anonymous | 10:35 p.m. Aug. 7, 2008

They may have a right to be on the road, but do they have a right to wear those shorts.

I feel a need to tip the $1 whenever they go by.

He, if a 90 lbs dude on a 40 lbs bike has a right to be the same place as a 2000 lbs vehicle, and they both are there, who get's hurt?

Bicycles need to be out of the way, or I think they get smaller fast.

MG | 10:39 p.m. Aug. 7, 2008

As I read the comments associated with this story it is amazing to me that most of those making comments "against" having bikes on the road are quite ignorant and hateful, which also gives rise to the notion that if placed in the same situation they would react the same way that this crazy driver did. Watch your thoughts and words, because they WILL become your actions. Lighten up people! Yes, there are cyclist that have egos that translates into riding irresponsibly, however by comparison I see more people driving cars and trucks that engage in this same behavior with other cars. So dont point the finger at cyclist, because we have every right to be out on the same roads. We drive cars ourselves and pay taxes to be able to ride or drive on the road.

JD | 10:44 p.m. Aug. 7, 2008

re: 2 wheelbuilder
Know that road engineers put time and effort into calculating the grade and curvature of a turn so a motorist has enough time to see a head of them in case of an emergency stop. You know those little signs on the side of the road with numbers. Those are speed limit signs. As long as you go the speed limit or slower you shouldnï¿½t have any trouble stopping. That is unless youï¿½re totally inept. So keep your breaks in good proper condition and you donï¿½t have any thing to worry about.

Unbelievable | 11:07 p.m. Aug. 7, 2008

Some of the comments posted here are unbelievable. It is amazing that there is such a heavy bias against cyclists in this area. If you do a little research you will discover that Mr. Barto had been swerving at groups of cyclists as he traveled up the highway (and had a prior history of this behavior). The incident where he struck a cylist occured at the bottom of the highway before it became steep and twisty and the two cyclists he targeted were legally riding side by side and taking up less than 1 foot of roadway leaving Mr. Barto 11 feet of road to get by. Assuming his truck is 7 feet wide he still had 4 feet to safely pass within his own lane and doesn't have to risk going into oncoming traffic. "The truck pulled alongside the cyclists who moved over into single file and gestured for him to pass. The truck then swerved at the cyclists 2 or 3 times and may have bumped the front one who pushed off the truck to get away from it. The truck then acelerated and swerved into both cyclists" This is from a witness in a car behind Barto.

MG | 11:16 p.m. Aug. 7, 2008

Attention Paul.... You are driving a car, the cyclist hits your car with a styrofoam helmet and you could not catch him so you could report him? Interesting story? Did this vision occur after some Shrooms?

And for you Right vs right... Cyclist own cars, pay fuel tax, property tax, licensing fees etc.

I think all of you who are so opposed to cyclist infringing in your domain ought to take a ride on the road one day and see if your perspective changes. Also, those of you with kids, keep in mind that the person on the road could be your son or daughter. If you care anything about your kids or grandkids, you might want to reconsider your position.

Unbelievable | 11:21 p.m. Aug. 7, 2008

The information above is contained in the police report filed by the arresting officer. 6 of the 7 witnesses interviewed were in cars directly behind Mr. Barto and were not cyclists. The only witness that was a cyclist was the other cyclist who was hit and forced off the road as well. The Quote "he tried to kill them" was found frequently in the witnesses statements. There may have been words exchanged, but does that matter? And if Mr. Barto's mirror was broken off when the cyclist tried to push away from the vehicle in an act of self-preservation, does that then give him a right to run him down? Hopefully there will be some good come out fo this and Mr. Barto will get some help and the auto and cycling communities will become more aware of each others rights and responsibilities. After all with the rapid rise of fuel costs and the dwindling oil supplies we will be seeing many more 2 and 3 wheeled forms of transportation on our roadways. So everybody please take a deep breath and at the very least follow the golden rule.

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5 photos

Patrick Fasse

The bicycle of Salt Lake's Shane Duleavy is left in pieces after being run over on the Mirror Lake Highway in Summit County on Saturday morning, August 2, 2008.

Gallery (5 photos)