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Deputy's Dangerous Driving Record Surfaces

UPDATED: 1:37 pm PDT March 11, 2008

A rookie Santa Clara County sheriff's deputy whose patrol car swerved into a group of cyclists on a training ride, killing two of them, had been charged seven years ago with drunk driving and speeding.

James Council, 27, had two drunken-driving charges dismissed by the Los Angeles city attorney's office in a 2001 plea deal during his arraignment process, Deputy City Attorney Larry Shelley told the San Francisco Chronicle. Council did plead guilty to engaging in a speed exhibition and was sentenced to 24 months of probation and fined him $713.

The California Highway Patrol is still investigating the circumstances surrounding Sunday morning's fatal accident in the Cupertino foothills.

Council was on routine patrol going northbound on winding Steven's Canyon Road when he swerved across the double-yellow center dividing line into a southbound group of cyclists. The deputy immediately began CPR on one of the fallen cyclists and called for help.

Matt Peterson, 29, of San Francisco was killed, 30-year old Kristy Gough was severely injured and died at the hospital, while a third rider is recuperating at Stanford Medical Center.

The sheriff's department declined to speculate on a possible cause or discuss statements reportedly from witnesses who claim they overheard Deputy Council say he fell asleep at the wheel. Two separate witnesses who were on the scene immediately after the accident reportedly claimed that the distraught Council said that he had dozed off while driving.

Sheriff's spokesman Sgt. Don Morrissey said Council had only been on his 12-hour day shift for about four hours, but could not say whether the deputy was fatigued or distracted in some other way.

"I haven't spoken to him about the incident. I've just spoken with him about his condition. He's devastated. He's a great young man, so he's gonna wear this for a long time," said Sgt. Morrissey.

On Monday, people who knew both riders killed in the accident spoke of their shock and disbelief at losing two active members of the Bay Area's cycling community.

Peterson was a member of San Francisco's Roaring Mouse Cycle Racing Team. Fellow teammates were shattered by the loss of their friend.

"I realized last night what I wanted to do was call him and say 'What's going on?’ because I usually talk to him every single weekend," said Roaring Mouse team spokesman Dave Parrish. "There were just so many moments when I was ready to send him a text message and I realized he's not going to be there to pick up my message."

Kristy Gough, who lived in the East Bay, was an accomplished tri-athlete who had recently focused on professional cycling. Gough's training partner called her a world-class athlete and an intelligent, complex person.

"She was really inspirational for me. She was a little bit older than me and a really great role model. And she was incredibly strong as a woman; very strong willed," said Martina Patella. "I miss those qualities about her already."

Deputy Council is currently on administrative leave. The Highway Patrol declined to comment on a cause and said investigators are still searching for physical evidence as well as any new witnesses.

The last fatal crash involving a Santa Clara County sheriff's patrol car was in 1994, when a deputy trying to keep a suspect from running struck and killed the man. That deputy was cleared of wrongdoing.

A full report is expected to take at least 30 to 60 days. Anyone who may have witnessed this accident is urged to contact the Officer Bowen of the California Highway Patrol at (408) 467-5354 ext.337.

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