Rabbit in a Shooting Gallery
The history of an interesting traffic accident
and the politics of our time.

San Francisco Marina District
Pierce Street Annex Bar
April 21, 1984 1:45 AM
Thirteen Years after King Solomon's Gate

What's in a Name?

Go to Superior Court Documents

"All right, All right, Jeezz your a pain in the ass sometimes. There's all kind of women here, why do you want to go all the way across town at 2:00... the bar is going to be closed by the time we get there anyway". He was insistent and I was starting to suddenly feel pretty down and drunk. Things hadn't been going very well. This was starting to look like a four year run into nowhere. Venture capitol star of the Montana oil patch to dead end in a Moving Van. I kinda snickered at myself. Jeezz, I had even debased myself in front of a former enemy, unbelievable. I had actually forgotten how bovine it was to watch Q. Todd Dickinson (as in son of the Devil) gloat. In all the years of our political and social competition at college, it had been a fortuitously rare sight. Now he was on his way up... Up all the way to the edges of "Accident Bill" Clinton's cabinet as things turned out. Somehow my grand proposal to build an e-bay in every 7-11 must have found its way to his desk. An obviously gay Lawrence Expressway Venture Cap just south of Palo Alto had surprised me out of the blue by saying he was interested in meeting about the proposal. He was now a venture capitol lawyer apparently (NOT - Chevron Oil).

The meeting had consisted of Todd icily staring at me as he drummed his fingers on the Desk. Nearly the only words he spoke in those minutes were that he "had no interest whatsoever". It left me puzzled as to the purpose of the meeting. It certainly didn't feel like he missed me and desired my charming company. The meeting had been rather cold and odd to say the least. Why had he bothered if he had no interest?

Fagan nudged my arm again, I spun around at him and blurted out, "Yea and I was just talking to two gorgeous chicks before you blew it". He had rudely and very purposely blown off two very interesting women I was talking with. "They were law students for crying out loud", I said. "Sit down its too damned late, it will be closed by the time we get there". "What's this anyway, our third time back here"?

I was a little peeved. Besides I was starting to feel staggering. I was probably going to sit on a sidewalk or walk down by the boats long before I went anywhere. Still, I didn't want to be too hard on him. He was the only friend I had in San Francisco. ...and the sob had just blown my shot at a second. I was dismal. I wanted to be back in the cabin in the Redwoods at the hostel in Saratoga brushing luxurious golden hair with a gentle rain on the roof and the sweet smell of wet Redwoods filling my nostrils. "God I am stupid sometimes when you offer me gifts the likes of her company" ...I silently thought to myself as I did my best imitation of a Jewish gesture with my right hand. I deserved to be stuck with this ugly Rhode Island heavy metal, needle starter level, dressed down rodeo clown with the speech impediment. The guy made me laugh, especially his outlandish driving. He kept claiming he'd ridden the bike all the way from Rhode Island, and every time he said it, I looked at him and just sort of smiled and thought to myself "How the hell did he make it".


Somehow Fagan got me on to the sidewalk, its all in a big hurry and a blur. His voice keeps insisting "the other bars going to close", "the other bars going to close", "Hurry", "Hurry", "Come on... we can make it". He escorts me by the elbow toward the bike parked on the sidewalk. Fagan inexplicably waves at a cab driving by (very slowly) in the street to move on. The cab drives,... on as instructed,... and pulls over to the right about a hundred feet up the road. "Man that guy is everywhere", I said out loud.... I had seen the same cab driver several times that night around the city, later I would realize near each of the close calls of the evening. (Robert Milne, VP of Yellow Cab - a firm with strong long term interests in Parking Commission issues).

Fagan hops on the bike first. "Now wait a minute... we had agreed when we left the hotel that I would drive". The argument ensues. "Besides, the drivers out here are crazy. They're unbelievable, They are just plain bad. Dangerous. Not only that but You can't drive for shit". I had saved his butt ...not once ...but twice tonight, and on that last one the incredible stupid SOB had thrown his weight the wrong way and very nearly clocked us both.

I tried to point all this out during the short argument, but, finally, I wind up on the back because I was suddenly too drunk, but I had been driving the rest of the night with no problem at all.

And its a blur of motion,... a racing start too fast and the cab pulls out as we leave. Fagan swerves around it. One close call already. By mid block I say screw it and wrap my arms around his waste. He goes freaky on me grabbing at my hand, then bending my forefinger back forcing me to let go and grab the strap at the bottom of the seat between my legs. I was shocked at the rudeness of it. The bike slows to 10 as he gets my arms off his waist, (Examine Accident Dynamics) the bike staggers, then he's off like a rocket again. I start screaming at him to slow down. I start to throw my weight back and forth to wag the motorcycle. "There's a car back on the right I hope this idiot sees it",...I thought as I apply more pressure. "Slow down" I scream again. It'll be a reasonable ride... or I'll just as soon meet the pavement right now. The Cab overtakes us over my right shoulder as Fagan drops the speed of the bike to avoid me flipping us, the cab drops far back. Fagan relented a little more, down to about thirty from fifty for the last half block, delaying our arrival at the appointed spot by several seconds, then with a roar, he speeds up again with a burst ...as we sail over the hump, and I am hurled into the path of the waiting tow truck (breaking my back and Jaw in 4 places)...I feel my body start to rise and the bike forcibly shift to the right underneath me propelled by Fagan's Leap off the bike and his barrel role toward the Manhole cover ( Police Report). It is falling away from me, between my legs as my body rises. I feel the edge of the Bikes seat hitting hard against the inside of my right leg [leaving a nasty bruise], the seats square edge impacting above the knee and down across the inside of the kneecap and then the film stops. Blank. Darkness. Then a voice floats in "You've been in an accident", "Do you understand", "You've been in an accident", "Do you understand". Vague memories float back over the years of two people standing over me watching me writhe and spit blood.


To fully understand these events you need to carefully examine the dynamics of the accident and the police reports and transcripts (below). The single most important fact of the accident itself is that the driver (Fagan) leapt from the motorcycle BEFORE the impact landing near the manhole cover, and the passenger (me) and the bike were propelled into the tow trucks path. The Bike is damaged !!!!!!ON THE RIGHT SIDE NOT ON THE LEFT SIDE !!!!!!. The tow truck driver (Klimper) quits his job immediately after the accident and moves from his slum SRO shared motel room into a "Large well maintained estate". From Hotbunking in an SRO to this (Click Here and do Street View) Two independent key witnesses who were perfectly positioned to see everything, are rudely excluded from telling what they saw and never identified. They depart proclaiming to any who will listen "Yea we know what time it is". A key witness, Robert Milne, a Vice President of a Taxi company dealing extensively with Dickinson's parking commission, lies about key facts of the accident and is seen during the preceding two other near accidents that very night. Milne exhibits a strong active interest in the trial following the accident for an uninvolved party arriving at a random accident. He actively tries to discredit all other witnesses. Police bias raises suspicions in the defense of a Police/ABC Towing connection. Insurance company pre existing investigations into Milne are known to exist but details are unavailable. Milne's secret passenger is sent from the scene and never identified. Two police officers appear immediately on the scene but are unlisted in the records. A radiator hose blows on the unknown squad car at a unusual time (after its stopped for several minutes) creating confusion while the victim (me) is "tended to". Activities are then further interrupted, perhaps fortuitously, by the arrival of a city bus. The tow truck is described as driving unusually leading up the the accident as if timing itself to the lights, and exhibits anticipatory behavior at the accidents intersection. Milne's cab drives in synch with the bike in the blocks preceding the accident. (Communications?). John Fiske Brown Associates (Forensic Engineers) smells a rat.


Todd Dickinson - College rival -Chair of the San Francisco Parking Authority Patent Commissioner under Clinton 1998. Twice defeated for Allegheny College Student Body President by me in 1972 and again in 1973. Dickinson's Homosexuality forced him to hide from the 1970's era social repression while competing for Big Man On Campus. The "With a Little..." ...Pause?... Laugh? comments to the specialized audience of intimate friends at a San Francisco BALIF meeting, echos prior Allegheny student scuttlebutt and may have provided further motivation to Dickinson's puzzling persistent jealousy. (The "Mohammed Atta" effect?)


Robert Milne Night Manager/Board Directors Yellow Cab, Expert accident witness
Key Player. He was driving along side on the right in nearly exact speed synch with the motorcycle as it speed up and slowed down. His mystery passengerr is for some reason NEVER identified. I saw Milne twice that night in different parts of the city in addition to seeing him when Fagan swerved to avoid him just before the accident. Why a VP of a cab company would be driving a cab on Saturday night, and also why a driver would voluntarily blow off the bar rush (half the nights income) to become a witness for strangers has never been explained.


Robert Emmet Fagan
Instant Best Friend, Former rodeo barrel clown . He reported No Memory of the accident but also No Head Injury was reported. Fagan magically kept running into me as we rode our bikes around downtown San Francisco in the weeks before the accident, (usually near the Liberty Hotel where I was staying) and then later became a regular at the Noe Valley bar (Finnegans Wake) that I had been frequenting.


Larry James Klimper
Drivers License C3424569 Employee ABC Towing Company 2nd addr: 1038 Plymouth
Tow Truck Driver who goes from "hotbunking" in a shared Single Room Occupancy in the tenderloin slum to unemployed tow truck driver living at 70 Marcela Street, San Francisco,... a "Large Well Maintained Estate" following "accident".


Scotty Hamilton -Witness- 564 Grove Street San Francisco California


Lucy A James Investigations / 415-553-1145 John Hen 2002


Robert Pitti and Rose Longoria -Witness -1041 Liberty Street El Cerrito, Ca


Kent Russell esq. Russell and Russell 3169 Washington St San Francisco, Ca 94115
2299 SUTTER ST SAN FRANCISCO, CA 94115-3109 (415) 929-8301


Fagan correctly testified we had four beers each over the several hours we were bombing back and forth in search of destiny between a half dozen different bars. However, he lied when he said I had been drinking before that. He called then picked me up at the Lafayette that night about 11, saying it would cheer me up and get me out of the room and he'd buy the beers. He did, and as a consequence controlled the schedule of the evening as well. The evening was a series of one quickly gulped beer then a drive across town to another bar always at Fagan's insistence. The trips were one close call after another. I remember stumbling as I approached the Bike to argue with Fagan, but given the consumption that night should not have been drunk. We argued about who would drive when he picked me up, and I told him forget it, I was going up to bed rather than ride with him, that settled it, with me driving for the first few passes back and forth between the bars. One one occasion, the day before I sold my bike, I pulled out of an alley and gunned it down the street near the Lafayette. As I to got up to about 45, this car pulled a fast Uie out of a parking space right into my path, forcing me to lay the bike down and ride it (sitting/laying on top, burning my thigh on the engine) to avoid an impact, and succeeded in lessening it. I met, but do not yet clearly recall the portly individual. The damage on the side of the bike forced me to take less than the price I had already set with the musician in San Jose who bought it the next day. Those first driving experiences my first time in "Frisco", started my long, intense dislike of the city. Randomly (?) meeting a 20ish guy with Spiderman tattoos, and getting severely poisoned a few weeks before, didn't improve my impressions. The first real incident the night of the accident, the second time we left the bar, was at the EXACT same intersection. Fagan leaned right into the oncoming truck and I stood on my left leg on the peg, leaned a full two feet out to the left, pulling on the handle bars, and gunned it barely missing getting clipped by a truck, (don't know if it was the same one). At the time I yelled at him, I couldn't believe the stupidity, but wrote if off, concluding, he was a bozo rider as well as driver apparently. If I had not slowed him down by wagging the bike in the blocks preceding the accident, the circumstance of the accident would have delivered me like a sack of grain right UNDERNEATH an oncoming tow truck.


*Just off the Left hand side of the Expressway going south in a long low two story building, first floor if I remember correctly.

*To Dance: between speeds of 30 and 60 you turn the extended front wheel back and forth almost on a second count ("one second womp two second womp") catching the edge of the front tire so it makes a slight whomp or catch sound at the verge of a topple....swaggering the bike and body in an S motion appropriately. A continuous refinement of the edge.



Superior Court Case Records

0010 11/14/84 Klimper left job at ABC Towing  - The missing investigation of Milne
0011 12/3/84 Santerre hides Klimper address, Klimper in Slum Pre-Accident
0012 12/3/84 Klimper Listed Phone Number turns out to be residence in receivership
0013 12/19/84 Klimper found, large well maintained residence in receivership
0014 12/19/84 Klimper new address 70 Marcela St Portola SF. who's Lawyer???
0017 James PI -Fagan claims dazed and disoriented, fuzzy memory but no Head injury
0018 James PI -Drinking numerous bars, One beer quick and "lets go" each time.
0019 James PI - Fagan admits to two speeding /1 accident-Passes DUI
0020 Pitti: "Klimper had no sympathy or interest about the Injured".
0021 Police shove away unknown Pedestrians who says "I saw the whole thing".
Then during the confusion comments "Yea, I know what time it is"
0022 Robert Milne: VP San Francisco Yellow Cab "I consider myself an accident expert"
0023 Milne dodges "When did you first see the tow truck" Omits hand round waist and partial stop
0024 Passenger and Bike got slammed into Tow truck, no left scrape marks,   FAGAN HAD TO HAVE LEAPED FROM MOTORCYCLE RATHER THAN DODGE TOW TRUCK   Reference: Hands round waist struggle one half block earlier,   Radiator Hose distraction
0025 Milne Discredits unknown passenger, and Martinez "probably didn't see anything", Hamilton neither...   WHO WAS THE UNKNOWN PASSENGER, IF MILNE SAW SO MUCH WHY WAS THE UNKNOWN PASSENGER NOT LOCATED FOR QUESTIONING
0026 Hamilton: "I guess the tow truck driver thought the light would turn green"
0028 Fagan S1: "better to continue on through intersection". Not thrown from bike....thrown with
0029 Fagan S2: " I don't believe bike ever hit the tow truck (Not while he was riding it anyway)
0030 Pitti S1:" Tow Truck Driver Apathetic and Not interested"
0031 Pitti S2: "There was a lot of confusion at the scene"
0032 Hamilton S1: "Tow Truck Kept Easing through intersection, I guess he figured it would change".
0033 Longoria S1: I was concerned" watching the Tow Truck Pre-Accident Driving Patterns
0034 Milne S1: "Bike behind me, pulled to right (swerved), Bike accelerating into crosswalk
0035 Police Report1: Thomas Sweeny 928, Sgt Lawrence MacKenzie
0036 Police Report2: 42' Front tire skid, Scrape marks in pavement, Rear passenger thrown off
0037 Police Report3: Accident Diagram: Thomas J Sweeney 928, Sergeant Lawrence C MacKenzie
0038 Police Report4: Milne:Bike Accelerated pre Intersection, Hamilton: "Truck went buy me" No Martinez
0039 James PI:  "Light is correctly timed"
0040 Skid Marks seven feet in an Arc, New asphalt on scene 25 days after accident

0041 Lucy A James PI: Bill (This guy earned every dime Thanks)
0042 Fillmore and Oak F. T. Signal Timing Record Change #13 for the evening hours
0043 6/14/86 Lucy A James investigation memorandum regarding accident citations
0044 File1: Kent Russell file notation Misc 12/10/86
0045 File2: 42 Ft Skid * 50MPH+* Driving Earlier***Fagan Could have missed***
0046 File3:No Klimper stipulation, sanctions considered
0057 Russell and Russell request for Analysis from Oblensky
0060 Traffic Light Timing Diagram
0062 Forensic Engineering Analysis, Milne Lying, Klimper Timing Lights, Ref: Truck Had Stopped
0063 Forensic Engineer Report: Problems explaining Klimper decisions.
0064 Oblensky, Test Results, Light Timing tests, Acceleration Time Problem Analysis
0065 Oak and Fell have 3% rise. "Body rose as we sailed over the hump"
0067 Demand to Exchange Witnesses
0068 Proof of service by Mail
0069 Proof of service by Mail
0071 PI Oblensky thinks Klimper knew the lights were timed, Suspicions of ABC-Police Connection
0072 More suspicions of an ABC Police connection in background
0073 "Going to trial"
0074 Klimper current whereabouts not known to any of the parties
0075 Ken Obenske summary of documents
0076 Photostat of Obenske check
0077 Russell File Note Interrogatories, Fagan drinking
0078 Did plaintiff take appropriate steps for his own safety
0079 Russell File Note: Fagan was not cited for Drunk Driving
0080 Klimper DMV
0081 Pitti, Lomyoro, both noted driving pattern of truck for several blocks prior to accident
0001 Venture Resume Page 1
0002 Venture Resume Page 2
0003 DA Davidson Reference
0004 McCartney Reference
0005 McCartney Reference Second Page
0006 Fagan Driver Record Discrepancies and Agent McDonald
0007 Fagan Driver Record Request
0008 Agent J F McDonald Cover letter
0009 Fagan's record appears clean, no tickets show at first.
0082 Superior Court Case 824735
0083 San Francisco Superior Court Case 824735
0084 San Francisco Superior Court Case 824735
0085 San Francisco Superior Court Case 824735
0086 San Francisco Superior Court Case 824735
0087 San Francisco Superior Court Case 824735
0088 San Francisco Superior Court Case 824735
0089 San Francisco Superior Court Case 824735
0090 San Francisco Superior Court Case 824735
0091 San Francisco Superior Court Case 824735 Deposition
0092 San Francisco Superior Court Case 824735 Deposition
0093 San Francisco Superior Court Case 824735 Deposition
0094 San Francisco Superior Court Case 824735 Deposition
0095 San Francisco Superior Court Case 824735 Fagan Deposition
0096 San Francisco Superior Court Case 824735 Fagan Deposition
0097 San Francisco Superior Court Case 824735 Fagan Deposition
0098 San Francisco Superior Court Case 824735 Fagan Deposition
0099 San Francisco Superior Court Case 824735 Fagan Deposition
0100 San Francisco Superior Court Case 824735 Milne Deposition
0101 San Francisco Superior Court Case 824735 Milne Deposition
0102 San Francisco Superior Court Case 824735 Milne Deposition
0103 San Francisco Superior Court Case 824735 Milne Deposition
0104 San Francisco Superior Court Case 824735 Milne Deposition
0105 San Francisco Superior Court Case 824735 Milne Deposition

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This is one of the Thirty Three incredible stories surrounding the discovery of
King Solomon's Gate
The first Archaeological Proof of the Bible in history