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Every cyclist that uses public roads has the nightmare of encountering a psychotic or sociopathic driver. For Michael and Pamela Barrett, that nightmare became reality on Saturday, September 7, when they were on a leisure ride in Blue Mounds Township. Fortunately, they weren't injured in the attack. Unfortunately for the perpetrator of the attack, there were witnesses at the scene, including one with a cellular phone, that were willing to take the trouble to lend assistance to the victims. But, unfortunately for the Barretts and for the rest of the cycling public, while the "perp" was arrested, the crime wasn't taken quite as seriously as some might wish. Perhaps the scariest part of the whole affair is the comments that were made, witnessed and reported by the arresting officer, by the perp after the arrest. This guy is angry, and he's out there in his vehicle, and there might not be victims nor as cheery an outcome next time.
What follows are two documents:
Date: 09/06/96 [actually, 09/07/96] Reporting Deputy: KRATOCHWILL Case No.: 96016088 DANE COUNTY SHERIFF'S OFFICE Supplement Report DISORDERLY CONDUCT**** LOCATION OF OCCURRENCE: CTH ID, 100 yards west of CTH JG Township of Blue Mounds On Saturday, September 7, 1996 at 12:27 PM, I was dispatched to the intersection of CTH ID near CTH JG in the Township of Blue Mounds to meet with two bicyclists who had been forced off the road by a man in a pick-up truck. Upon my arrival I met with four persons on CTH ID at CTH JG. Two of the persons were bicyclists and they verbally identified themselves to me as: Michael D. Barrett 2137 Sommers Av. Madison, Wisconsin M/W DOB: 12/31/62 Pamela S. Barrett F/W DOB: 04/15/64 2137 Sommers Av. Madison, Wisconsin The Barretts were on bicycles and dressed in bicycle attire. There were also two other persons who verbally identified themselves as: Lucy A. Chaffin 340 Island Drive, #3 Madison, Wisconsin F/W DOB: 07/10/56 Nick T. Chaffin (Son of Lucy) M/W DOB 05/03/82 340 Island Drive, #3 Madison, Wisconsin I asked Mr. Barrett what had happened. Mr. Barrett told me he and his wife Pamela were riding their bicycles on the right hand portion of the road. They told me they were east bound on CTH ID approximately one hundred yards west of CTH JG. They told me they were riding single file and on the paved shoulder of CTH ID. Michael Barrett told me that he was the second bicyclist and his wife was ahead of him. According to Michael and Pamela Barrett they told me they were bicycling east bound and all of a sudden heard the honk of a horn. Within a very short period of time, after hearing the horn, a pick-up truck passed them also going east bound on CTH ID within what they described as inches. According to Michael Barrett as the pick-up truck passed him he swerved to the right to further get off the road and avoid being struck. After the pick-up truck passed the two bicyclists the driver of the pick-up truck stopped about one hundred feet ahead of them. According to Michael Barrett he and his wife tried to steer clear of the truck by passing it on the left leaving a wide berth to avoid the truck and driver. According to Michael Barrett his wife successfully got around the truck but as Michael tried to go around the truck, the truck pulled out from the right hand shoulder of the highway toward him forcing Michael to cross the center line and forcing him over to the opposite side of the roadway narrowly missing him. According to Michael Barrett the driver was yelling something and as he drove his pick-up toward the bicyclist the pick-up truck driver was additionally opening the door attempting to knock him off of his bicycle. At this point Michael told me he did leave the roadway in an attempt to avoid the pick-up truck. Mr. Barrett told me he was not injured. Additionally, Mr. Barrett told me that he believed this act was intentional. Mr. Barrett also said had there been any on-coming traffic he believes he would have been struck by the on-coming vehicle as the pick-up driver forced him across the road into the on-coming land of traffic. At this point the pick-up truck and driver continued east bound on CTH ID. According to Mr. Barrett the pick-up truck driver then turned around and came back. Mr. Barrett additionally said by this time two other motorists had stopped, one of which had a cellular phone and called 911. The pick-up truck driver pulled up the second time and exited his vehicle and rapidly approached Mr. Barrett. Mr. Barrett this time told me that he was in fear of his safety and he held his bicycle between he and the man in the pick-up truck for his own safety. After the man in the pick-up truck advanced on Mr. Barrett the man's attention was drawn to other motorist who had stopped and supplied the cellular phone so that the police cold be contacted. According to Michael Barrett this female motorist was afraid of this pick-up truck driver and as the truck driver approached the vehicle she rolled up her window. According to Michael Barrett the female motorist who stopped to assist them lives at Little Norway and had the first name Jennifer., although they did not know her last name. At this point the pick-up truck driver returned to his vehicle yelling at the female stating something to the effect of I don't care who you call and at that point left the scene. The 911 call went to the Green County Sheriff's Office who forwarded the information to Dane County and subsequently I was dispatched to the area. I also talked with Pamela S. Barrett, wife of Michael Barrett. Ms. Barrett basically confirmed the information that Michael told me and both Pamela and Michael did fill out a written statement form as to the incident. I also talked to the driver of one of the vehicles who verbally identified herself as Lucy A. Chaffin. Ms. Chaffin told me that she had just turned off of CTH JG when she observed the incident. In talking with Lucy Chaffin a white man in a lack pick-up truck tried to run the bikers off the road. According to Lucy Chaffin's statement the pick-up truck pulled in front of the bicyclists and slowed to a stop. The bikers tried to swing wide around the pick-up truck and the pick-up truck driver started to pull out and run the bikes off the road into on-coming traffic. Lucy also told me that she saw the pick-up truck driver open his driver side door n an attempt to hit the bikers. Lucy thought the bicyclists had actually been struck, however as it turns out neither Michael or Pamela Barrett were struck. I also talked with and obtained a written statement Nick T. Chaffin, son of Lucy Chaffin. Nick only saw part of the incident, but in his statement did say the bicyclists were riding on the right shoulder of CTH ID when the black pick-up truck swerved to the left in what he described as being inches away. He also continues in the statement saying as the man which would be Mr. Barrett, tries to come around the truck the truck pulls out in front of him swinging his door open trying to hit the biker and the truck pushes the man to the other side of the road across the opposite lane. At this point in time Deputy Steve Zipsie of the Dane County Sheriff's Office assisted me with the call. I briefly discussed what happened with Deputy Zipsie. The description and license of the pick-up truck was described as a black or dark navy blue pick-up truck with license CB 75267. I did run a check on CB 75267 which listed a 1991 Chevrolet truck to Charles or Mary Foxen of 11088 CTH ID, Blue Mounds. At this point Deputy Zipsie did drive over to 11088 CTH ID and as I was taking statements from persons involved I was advised the pick-up truck was at the residence. According to Mr. Barrett and others that saw the driver they described the pick-up driver as having red hair with a beard with his hair just slightly over the ears but not overly long. I asked all parties if they could identify this driver again and if they would be willing to come to court to testify if necessary. All parties indicated they could identify the driver and they would be willing to come to court to testify. At this point I was advised by Deputy Zipsie that he had contact with Charles L. Foxen at his residence in Blue Mounds. I finished obtaining statements and did respond to CTH ID. As I arrived a person who subsequently identified himself as Charles L. Foxen was seated in the rear of Deputy Zipsie's patrol car. Charles Foxen was identified by a valid Wisconsin commercial drivers license. Deputy Zipsie did hand me a statement that said, "At Approximately 12:30 PM I was driving my truck east bound on CTH ID when I had a run in with some bicyclists on CTH ID. I was going toward Mt. Horeb when I came up behind some bicyclists (two) there was on-coming traffic so I sounded my horn to warn the bikes I was passing. When I sounded the horn the male bicyclist flipped me the bird. All I was doing was try [sic] to warn them I was passing. I don't know why I got mad. I pulled over and stopped in front of him to ask him why he flipped me the bird. He said nothing. I said you should be on the trail where you belong. I know he can ride on the road but I don't understand why he wouldn't ride on the trail fifty yards away. He said I can ride anywhere I want anytime I want. He started hollering for help. I left then went back and left again I went to Mt. Horeb and came back home. I never threatened or struck the or anything." It was signed Charles L. Foxen. At this point I had Charles Foxen step out of the vehicle and I asked Mr. Foxen if he had attempted to force the bicyclists off the road. Mr. Foxen told me that since the bicyclist mad a wide pass around his truck he thought he could also and at that point drove across into the on-coming lane of traffic. I asked Mr. Foxen if he opened his driver's door in an attempt to strike the bicyclists. Foxen told me he had not. At this point after discussing the incident with Deputy Zipsie I did decide and did place Charles Foxen under arrest for disorderly conduct based on the information from the complainant Michael Barrett, his wife Pamela and the two independent witnesses Lucy Chaffin and Nick Chaffin. Charles Foxen was handcuffed, searched and placed into the rear of my patrol car. I advised Foxen what he was under arrest for and that his bail was $150.00. He had $150.00 on his person however turned his wallet over to his son and had his son carry the money to the Public Safety Building where he could be bailed. I asked Deputy Zipsie to photograph the pick-up truck with the license plate that had been given to us by the bicyclists which was now parked in the garage with the garage door open. In looking at Charles Foxen the physical description the bicyclists gave me matched Mr. Foxen. Mr. Foxen was transported to Dane County Jail without incident. I did request Dane County Jail booking officers photograph Charles Foxen as part of the booking procedure. As we were waiting in the booking area for the deputy III to assist us in the booking procedure Charles Foxen told me that the next time the sheriff's department would be getting a call he also said he was slightly agitated something to the effect that if he ever ran one over he'd back up and run them over again to make sure they were dead. he additionally said he had no time for bicyclists. Mr. Foxen also said if bicycles want equal rights on the road they should be subject to the same rules as other drivers and he sees bicyclists run stop signs all the time and they never get stopped. At this point the Dane County Jail booking deputy did book Mr. Foxen into Dane County Jail where he immediately bailed out. END OF REPORT
A similar letter was also sent to the District Attorney.
2137 Sommers Av.
Madison, WI 53704
(608) 245-1059
23 September, 1996
Sheriff Richard Raemisch
115 Doty St.
Madison, WI 53703
Dear Sheriff Raemisch,
On September 7, 1996, my wife and I were attacked by Charles J. Foxen who was using his pickup truck as a weapon. Mr. Foxen first tried to ram us from the rear (while we were riding bicycles single file on the paved shoulder, well to the right of the road), then forced us into the oncoming traffic lane (with oncoming traffic), all the while trying to hit us with his truck door. He then got out of his truck and tried to attack me. My wife and I narrowly escaped with our lives, only because we were able to dodge Mr. Foxen's repetitive attacks. There were three independent witnesses to the attacks.
The case number is 96016088, Reporting Deputy is Sheriff's Deputy Kratochwill. The attempt on our life was classified as "disorderly conduct."
We question whether vehicular attacks such as this should go so lightly punished, especially when Mr. Foxen has eight other convictions that prove his reckless disregard for human life (including Operating a Motor Vehicle with an Alcohol level above 0.10 amended down from Operating a Motor Vehicle While Intoxicated and two other Disorderly Conduct convictions). Indeed, according to Sheriff's Deputy Kratochwill, Mr. Foxen had assaulted someone else the morning of September 7, 1996.
Please answer the following questions:
We are curious about the nature of law enforcement for vigilante street crimes such as this. Mrs. Chaffin, the witness, is curious as well; she would like to know whether law enforcement agencies in this county will protect cyclists such as herself and her two children. Others in this community who happen to cycle are curious as to how vigorously you intend to enforce the laws of the State of Wisconsin to protect ALL users of our public rights of way.
Sincerely,
Michael D. Barrett
Pamela S. Barrett
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