Man Gets Two Months in Alleged Jail for Bike Attack

Dian Burton, one of two men accused of intentionally trying to run over a pair of teenage brothers on their bicycles in San Mateo, struck a plea deal with prosecutors Monday.

One of two men accused of intentionally trying to run over a pair of teenage brothers on their bicycles in San Mateo in June has struck a plea deal in exchange for two months in jail.

Dian Burton, 31, a San Mateo resident, pleaded no contest in San Mateo County Superior Court on Monday to felony possession of marijuana for sale and was sentenced to 60 days in county jail, with credit for eight days served, District Attorney Steve Wagstaffe said.

Burton initially faced a misdemeanor charge of making threats in connection with the June 17 incident, but that charge was dropped in exchange for the no contest plea.

On June 17, witnesses reported two suspects -- Jason Ramiro Hernandez-Lopez, 24, and Burton -- in a gold pickup truck were harassing two male juveniles on bicycles, San Mateo Police Sgt. Dave Norris said.

According to prosecutors, Hernandez-Lopez drove up behind one of the brothers, ages 15 and 17, who were riding on their bikes and intentionally bumped the rear tire of the bicycle with his truck.

The victim didn't fall, but instead turned onto the sidewalk area to escape and dropped his bicycle.

Hernandez-Lopez then allegedly drove onto the sidewalk and over the bicycle, which he dragged behind his pickup truck for several blocks, causing significant damage to the bicycle, prosecutors said.

While Hernandez-Lopez was driving over the bike, Burton, who was in the passenger seat, allegedly pulled out a fixed-blade knife and waved the knife at the brothers, according to prosecutors.

Witnesses took down the truck's license plate number and police were able to apprehend the suspects shortly after.

Hernandez-Lopez has claimed the teenage brothers were swinging chains at them as they drove by, and that he never struck or dragged the bicycle. Burton denies the incident occurred.

In addition to his jail time, Burton was placed on three years supervised probation. He was out of custody during the criminal proceedings on $7,500 bail.


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Troy November 06, 2012 at 07:21 PM
Too light for using a vehicle as a deadly weapon, especially on a minor...
Laura Dudnick November 06, 2012 at 07:33 PM
While the suspect was initially charged in connection with the bicycle incident, that charge was dropped in exchange for his no contest plea for felony possession of marijuana for sale. He was never charged with attempted murder.
commuter November 06, 2012 at 08:48 PM
Did the victims agree to this sentence? This just sounds wrong.
Troy November 06, 2012 at 08:57 PM
Appreciate your chime in Laura though even the felony possession of drugs for sale should bring up to two years in prison. I think slapping him on the wrist for what he did gives him the message that he can go out and do whatever he wants. This guy obviously is a threat to society and the comments so far seem to speak for that.
Zach November 26, 2012 at 03:46 AM
"Alleged jail"?


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