Judge blasts plea deal in fatal Presidio DUI

A federal judge approved a plea deal for the San Francisco man who killed champion cyclist Ethan Boyes in the Presidio last year while driving under the influence of alcohol — but not before blasting prosecutors for charging the crimes as misdemeanors.

Arnold Kinman Low, 81, pleaded guilty last month to vehicular manslaughter and driving under the influence of alcohol in the fatal crash that killed Boyes, a USA Cycling champion, according to court documents.

U.S. District Judge James Donato approved the deal, but criticized U.S. Attorney Ismail J. Ramsey for failing to charge Low with a felony. The judge said he had reviewed previous federal DUI cases and did “not see a single California case where a drunk driving incident that resulted in a death was ever charged as a misdemeanor.”

“There is nothing I can do … though — and this is one of the rare times I have felt this — I believe one of the only times in my ten years on the bench, I have felt that the charging decision is a grave injustice and does not serve the public interest,” the judge said, according to court documents. “My hands are tied,” he later said, noting that prosecutors, not judges, have “sole discretion” over charging decisions.

Donato said he feared the charging decision would become a problem in future cases involving drunk driving in the Presidio.

“I guarantee you this is going to create an enormous problem going forward because the bar has been set so low that I just cannot see how it would be just and fair for the next driver … to face a felony charge in exactly the same situation while this individual gets away with a misdemeanor charge,” Donato said.

In court, Low’s attorney Douglas Rappaport said vehicular manslaughter was frequently charged as a misdemeanor in state court.

The judge previously expressed frustration with prosecutors and questioned the terms of the plea deal.

Ramsey, who appeared in court at the judge’s order, said the Boyes family’s wishes had factored into the charging decision, in addition to what he said was a “significant litigation risk” in his office’s ability to prove Low’s negligence. The U.S. attorney’s office declined to comment further.

In a letter submitted to the court earlier this year, Boyes’ mother, father and brothers said the 44-year-old cyclist was a “gentle soul” who would not have wanted to see his killer jailed.

“It is our sincerest belief that Ethan would in no way want to see Mr. Low incarcerated, nor would he have wanted our family or Mr. Low and his family to endure the lengthy and painful process that a criminal trial will surely entail,” the relatives wrote in their letter.

Boyes “could empathize with the plight of others,” they wrote. “The way he led his life guides us now. So while we do need to hear Mr. Low say the words ‘guilty’ and take responsibility for his actions, we do not believe that the distinction between a felony charge and a misdemeanor charge is meaningful in this context.”

An attorney for the Boyes family, Shaana Rahman, declined to comment.

Low was indicted in November,

eight months after the crash that killed Boyes, who was cycling uphill on a winding stretch of Arguello Boulevard in the federally owned park. Under the plea deal, Low admitted he was intoxicated when he struck Boyes and had consumed wine at a reception in Daly City two hours before the crash.

In an interview Wednesday, Low’s attorney called the plea deal “an appropriate resolution given the facts” of the case.

Donato “is a very experienced and knowledgeable judge,” Rappaport said. “I have confidence he will set aside his personal feelings and render a sentence that takes into account the particular facts of this case and Mr. Low’s exemplary background.”

Low will be sentenced on July 15.