May 12, 2010 in City
Court upholds terms of driver’s probation
The state Court of Appeals let stand the sentencing condition imposed on a Spokane motorist who assaulted a bicyclist during a road rage incident two years ago – that he keep his anger in check.
When a jury convicted Dylan Anstrom of second-degree malicious mischief and fourth-degree assault last year, Spokane County Superior Court Judge Tari Eitzen gave him two years probation, provided that he had no further road rage incidents.
Anstrom appealed, saying the condition violated his due process rights. This week, the Court of Appeals for Division III refused to review his appeal because he could not show that “he has been harmed by the condition in any way.”
In July 2008, Anstrom was driving near the Centennial Trail when he drove up behind two bicyclists and started honking his horn before speeding past them, nearly hitting one of them. When Anstrom stopped at a traffic light, one of the bicyclists rode up and told Anstrom he had nearly caused a serious accident, according to court documents.
Enraged and believing the bicyclist had damaged his car, Anstrom chased the bicyclist through a nearby parking lot. Unable to catch the first bicyclist, Anstrom stopped the second bicyclist and demanded to know the name of the first.
When the second bicyclist refused to give him the name, Anstrom knocked him off his bicycle, kicked him, punched him, threw the bicycle on top of the cyclist and then threw the bicycle against a telephone pole, according to court documents.