Driver takes plea deal in death of bicyclist

Kim Smith

Friday, Aug. 17, 2001 | 11:03 a.m.

A 25-year-old man arrested last week in connection with a road-rage incident that took the life of a bicyclist has agreed to spend at least four years in prison.

Lance Dunn told Justice of the Peace Deborah Lippis this morning that he intends to plead guilty to reckless driving and leaving the scene of a fatal accident.

As a result of his plea agreement, Dunn will serve a four to 15-year prison sentence for the death of Nicholas Klapp, and prosecutors will agree to dismiss a murder charge.

Chief Deputy District Attorney Michael O'Callaghan and defense attorney Peter Christiansen said the case was negotiated because neither side was confident a jury would agree with their positions.

Had Dunn been convicted of murder, he could have faced a 40-year-to-life sentence, Christiansen said.

Conversely, O'Callaghan said a jury might find Dunn guilty of a less serious crime.

Dunn was arrested Aug. 9 after authorities were finally able to confirm he was behind the wheel of the pickup that killed Klapp in February 2000.

Police allege Dunn got into an argument with Klapp, 40, at Oakey Boulevard and Santa Margarita Street and then intentionally ran over him with his truck.

One of Klapp's sisters, Jeanne Sullivan of New York, said during a telephone interview with the Sun that she feels overwhelming sadness for everyone in the case.

"I'm not seeking revenge. My brother is dead and he can't ever come back, but I hope (Dunn) is learning from this," Sullivan said. "If it's four years or 15 years, it will give him time to think about what he did."

In an e-mail written shortly after Dunn's arrest, Sullivan wrote, "Nick was my younger bother and we were very close. Very, Very funny guy. If you had a bad week or day I could always call him and feel better. Nick was an adventurer and lived life to the fullest. He was what you would call a wild and crazy guy."

Although a number of people saw the incident, it wasn't until a friend of Dunn -- who was a passenger in his truck at the time of the incident -- spoke with investigators in June that police positively identified Dunn as the suspect.

Christiansen said that despite the police reports, the incident was simply a tragic accident.

According to the reports, two men in a green pickup got into a verbal altercation with Klapp, a bicyclist, shortly after 12:30 p.m. Feb. 3, 2000.

After exchanging words, Klapp continued to ride northbound on Santa Margarita and the truck turned west on Oakey. After traveling 50 feet, however, the driver of the pickup stopped and backed up his vehicle eastbound on Oakey in the westbound lanes and turned, still backing, northbound on Santa Margarita in the southbound lanes.

"The truck accelerated backwards at a high-rate of speed for approximately 200 feet, then spun 180 degrees, striking the bicyclist and causing him to be thrown approximately 30 feet into a light pole," police records state.

The driver of the truck then continued north on Santa Margarita and turned east onto Del Rey Avenue and fled.

Christiansen contacted police later that evening and turned over the vehicle. Dunn, the registered owner of the truck, however, declined to speak with the authorities until his arrest.

Dunn will formally enter his plea Aug. 28 before District Judge Michael Cherry.