UPDATE: Injured Motorcyclist Still in Critical Condition After Head-On Collision in Clayton

July 3, 2013 · 64 comments

mark_t

The man who was injured during the head-on collision with a suspected drunk driver in Clayton last week is still in critical condition, but he’s improving, according to family.

The man, whose name is Mark, has a lot of work ahead of him to resume his active lifestyle, his family said.

He has many broken bones and internal injuries, but fortunately, he’s still alive.

Jessica Mercurio, the 21-year-old Concord resident who was arrested on at the scene of the collision for allegedly drinking & driving and causing the crash, is no longer in jail, but could still be charged.

If you’d like to donate any amount of money to help Mark with his recovery, you can click on THIS LINK.

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1 wooga3 July 3, 2013 at 1:50 PM

hoping a speedy recovery for this innocent man!!

2 Rider July 3, 2013 at 1:52 PM

Thanks Claycord for the update about Mark. I’ve been wondering how he is doing. It makes me furious to hear that Jessica is already out of jail !

3 Rob July 3, 2013 at 1:53 PM

It is amazing to me that the woman is not in jail. If she had gotten drunk and did that type of damage to another person in almost any other way she would most likely still be in jail – but if you do it with a car while drunk – well – that’s not so bad….

4 Meredith Scott July 3, 2013 at 2:02 PM

I wish him well and a speedy recovery..he has a long road ahead. The 21 year old will lose her license, drain whatever limits she has on her insurance policy and hopefully live with this on her conscience for the rest of her life.

5 "but COULD still be charged"???! July 3, 2013 at 2:09 PM

That is SO STUPID! This poor man deserves justice. Our system is so screwed up. These days you can buy your way out of anything. I’m sure she’ll be right back at it, drinking & driving and not having consideration for anyone else’s life. The amount of people that drink & drive is absolutely ridiculous & I can’t stand how my generation seems to have no concern for other people. (This is coming from someone who is 24). I hope he recovers soon. My prayers go out to his family.

6 Melanie July 3, 2013 at 2:09 PM

In case you are wondering about the picture, those are surgical scrubs that Mark is wearing. Everyone that knows Mark is praying for a complete recovery. I’m sorry to hear that the woman is out of jail. You’d think she would at least need to stay in there until he regains consciousness, or preferably, until he is released from the hospital someday.

7 Retired Cop July 3, 2013 at 2:11 PM

“It is amazing to me that the woman is not in jail.”

Its called bail…….

8 atwork July 3, 2013 at 2:20 PM

Hope the best for this man…..

9 Mama Dog July 3, 2013 at 2:21 PM

So shes walking free and he’s still in the hospital. It should be some kind of law that people like her aren’t allowed to leave jail until their victim can leave the hospital.
She’s out there living her life, probably still drinking and he’s still in intensive care.
This is so wrong.

10 Opinion July 3, 2013 at 2:22 PM

How much responsibility does the Clayton Club have for serving her?

11 ChampagneKitty July 3, 2013 at 2:30 PM

If the DA is not yet prepared to formally press charges, then she would have to be released from jail. I forget if it’s 48 or 72 hours, but I’m pretty sure it’s one of those.

12 anon July 3, 2013 at 2:30 PM

You can’t blame the clayton club……its a bar, not a babysitter. I’m sure if she was visibly that drunk any bar would cut her off but I myself can be drunk and be perfectly able to function and those around me wouldn’t know how drunk I am…….only difference is I wouldn’t get in a car and drive! She is 21…..blame HER.

13 Mama Dog July 3, 2013 at 2:33 PM

Retired cop, if you really are a retired cop, it’s obvious that you were one of the dick head cops and not a good guy. You’re so rude and sarcastic to everybody.

14 IWonder July 3, 2013 at 2:33 PM

I find it unbelievable that the statement was made that the idiot who did this “could still be charged.” I guess I just don’t understand. There should be no question as to whether the idiot could be charged. She MUST be charged. Why would the law allow someone like her to get away with this. I just don’t know. She should be apologizing to this man and his family up and down, charged, fined, jailed, put on probation, attend AA, and get her head examined. Why is it some people get away with it and others do not.

15 Shark July 3, 2013 at 2:36 PM

@Rob
Well said,
Prayers for Marks full recovery.

16 the other jj July 3, 2013 at 2:40 PM

good luck on your recovery hope the best for you and all bike riders this kind of thing happens too..

17 ChampagneKitty July 3, 2013 at 2:44 PM

to IWonder #14–What makes you think that Jessica Mercurio is getting away with it?

18 Atticus Thraxx July 3, 2013 at 2:46 PM

Done. Thanks Mayor. Cool that we can count on you for stuff like this. Come on people! Donate! They take PayPal too.
In case you missed The Mayor’s link:
http://www.youcaring.com/medical-fundraiser/teammarkt/70184

19 Tina Hadaway July 3, 2013 at 2:47 PM

All…

This is Mark’s page, we’re rallying around a good man…please respect it and try not to let anger and hostility cloud your posts (i.e vulgarity/cursing/etc). Mark is not like that…keep him in mind everytime you post.

Thank you
Tina

20 Bob Brittain July 3, 2013 at 2:51 PM

@ Mama Dog, Retired Cop was not in the least rude – he/she simply pointed out standard practice in the justice system.
I wish Mark all the best during his recovery!

21 CLAYCORD.com July 3, 2013 at 2:54 PM

Thanks so much, Atticus Thraxx!!

22 nytemuvr July 3, 2013 at 3:01 PM

@”but COULD still be charged”???! #5
It’s not just your generation, not anymore than the generation before yours.

23 annonymous July 3, 2013 at 3:08 PM

The police will be conducting a very thorough investigation of this traggic accident; this all takes time and there are many different crimes the driver may be charged with, depending on a lot of different things. In order to get everything done correctly, work has to be done correctly, and this all takes time so there are no legal loopholes in the end. It is understandable that those who are Mark’s friends and family want the driver charged quickly, and don’t understand why she has not been charged yet, but please be patient and let the police do their work. The law says the DA has a year to file charges; I”m sure it won’t take that long, but please be paitent and put your focus on helping Mark get better.

24 Melanie July 3, 2013 at 3:12 PM

Good point @Tina #19. I made a donation, and hope it helps! I also reposted the link to the donation site on Facebook so that people who don’t know about Claycord.com might see it. If we get enough shares, we can spread the work pretty wide!

25 Ron Sauce July 3, 2013 at 3:17 PM

So quick to condemn. I would assume that if bail was a remote possibility that her BAC was probably pretty low, and might not play as large a factor as most here assume. Does anyone have the facts on that?

26 lg July 3, 2013 at 3:19 PM

Wishing Mark a speedy recovery!!!

27 Mama Dog July 3, 2013 at 3:25 PM

Bob Brittain, he did it in a very condescending way but I’m not going to get into that here, this is for Mark.
I also shared the link on Facebook and am telling everybody I know about it. My friends in the motorcycle club are also planning a fundraiser after I alerted them to the situation.
I hope he continues to improve. Does Mark have children and or grandchildren?

28 atwork July 3, 2013 at 3:25 PM

I donated–this is such a worthy cause.

29 @anon, #12 all drunks think they're acting sober July 3, 2013 at 3:34 PM

You just THINK you act sober. Then you drive and SMASH; oops, you aren’t sober.

30 Tina Hadaway July 3, 2013 at 4:26 PM

Wow! Wow! Wow!! Local donations are flooding in!!! Keep up the momentum!!! @Mamadog – please let niki know about the fundraiser – our team will want to help! :)
@atwork – thank you thank you thank you
McGuire Harley Davidson of Walnut Creek!!! – Thank you!!
Keep it going guys!!!
-Tina

31 Justice, done correctly, is often slow July 3, 2013 at 4:33 PM

The “suspect” drunk driver is out of jail, because we all have a right to post bail. It is not personal..it is set by the courts, and applies based upon what the crime (booking charges) are.

The investigation is lengthy. Anyone involved in even a minor PDO (property damage only) collision knows that it can take 30 days for the report to be finished, approved and forwarded to your insurance carrier or to the courts if there are violations.

Then there is the toxicology tests, which are the blood for drugs and alcohol. Those have to be sent to the lab…etc. Don’t forget the “chain of evidence” requirements.

Then the whole “package” has to be sent by the investigating officer’s agency to the DA for review, and to have charges filed.

All this takes time. No one is “getting away” with it. And sadly, a poor innocent loved one is clinging to life smashed to hell in the hospital….and the person responsible is out. That is how it is in America..

So put your name calling away, and your “firing squad” mentality to rest. Use positive prayers for the victim and if you feel that strongly about it, make a donation….

32 Tina Hadaway July 3, 2013 at 4:34 PM
33 Scoob July 3, 2013 at 4:46 PM

He looks like the guy who takes my blood at the lab on La Casa Via. Is that him? Happy to donate whoever he is.

34 Niki July 3, 2013 at 5:35 PM

It’s great to know how many of you out there care. Sad to say but it seems like these days a lot of people are just to busy to take the time to care. So thank you to all of you that have prayed for Mark and to those of you that were able to make a donation to his fund. http://www.youcaring.com/medical-fundraiser/teammarkt/70184

Please help us spread the word by posting this link to your facebook or any other pages you use.

Mark will need a lot of help, he will have a long road to recovery. With all of us pulling together like this hopefully he will be able to focus on getting better.

I really am lost for words to see how many of you truly care …….

Again Thank you,
Team Mark T.

35 Niki July 3, 2013 at 5:52 PM

Mama Dog…. You have been a great supporter through all of this and we appreciate you and your club organizing a fundraiser for Mark. He honestly is a good person with a HUGE heart.

Tina had mentioned it in a previous post that we would be more than willing to help. So if there is anything you need just send me an e-mail at c.niki@sbcglobal.net

I have been on several charity bike runs and I admire the way everyone pulls together in a time of need.

All of your help and support is very much appreciated!!!

36 Monument July 3, 2013 at 5:54 PM

I hope he makes a speedy recovery.

@Justice, done correctly, is often slow
Just like the skateboarder on Monument Blvd. that got killed. I don’t think the driver has been charged or gone to court yet.

37 Subterfuge July 3, 2013 at 6:39 PM

Glad to hear he’s improving. Good luck with the rehab!

38 jefe July 3, 2013 at 6:50 PM

Give the girl a break. I’m sure she’s also devastated about what she did. All the people that are ready to crucify her remember you were young too and did stupid things in your life…you just never got caught.

39 Mama Dog July 3, 2013 at 7:18 PM

The girl does not deserve a break! Sure we’ve all done stupid stuff but thankfully the majority of people out there would never do something that EVERYBODY knows can kill innocent people.
Give her a break? Give me a break from that nonsense.
I hope she never has a full night of sleep where she doesn’t wake up from nightmares over the fact that she almost killed what sounds like an awesome man.
She’s devastated? Talk to the family and friends of this innocent man if you want to see devastated.

40 Who is in the Photo? July 3, 2013 at 7:25 PM

The laughing man in the photo is not Mark right? It is just misleading. The story is about Mark, and how seriously he is injured and the photo is of a smiling laughing man, which at first lead me to believe Mark is doing much better. Perhaps a caption to the photo, mentioning who it is is in order.

41 Stacy July 4, 2013 at 3:19 AM

Yes, she is young. And yes, she did make a mistake. BUT because the lesson of not drinking and driving is taught at such a young age (in school, on commercials, via parents…), youth is not an excuse. The fact that she allegedly called a couple friends for rides shows that she was well aware that she shouldn’t be driving. Just because she didn’t get a ride, in no way gave her the right to get behind the wheel of the car. She could have used some of that money she spent buying alcohol to get a cab, and if she couldn’t get the money for a cab, I am sure the bartender at the Clayton Club knew of a few Free Ride programs (AAA, MADD, etc), if she had only thought to ask. Of course, could’ve, should’ve, would’ve… either way, she is responsible for the mistake that she made. That is the point of consequence – to have to deal with it (or think back on it) for your entire life so you don’t make the same stupid mistake again, and in the case of severe mistakes like this, maybe so others can learn from it as well. Sadly though, I have a feeling that no matter the jail time or fines for her, the victim in this situation will have to “deal” with her mistake far more than she ever will. Heading over to donate now…

42 calitaxifornication July 4, 2013 at 8:05 AM

I believe picture is of Mark before the accident, I understand that he is a surgical tech.

43 Don't Censor Me Bro July 4, 2013 at 8:45 AM

FYI….in general, The DA has no more than 72 HOURS to file FELONY charges against an IN-CUSTODY suspect. If not they are released from jail. DA then has 3 years to file for out of custody cases (1 Yr for misdos.)…BUT, it also depends on the various “Statute of Limitations” (Murder has no S of L).

Arrestees MAY also be released from custody on “Bail/BOND” (CCC has a bail schedule – See Court’s website), “OR” — own recognizance, a notice/promise to appear. DA then proceeds with out of custody protocol.

After LE arrest a suspect, reports are prepared & sent to the DA [for a charging decision]. Police can “Recommend” the D.A file certain charges,BUT the DA is the entity solely responsible for filing charges.

44 Tina Hadaway July 4, 2013 at 10:37 AM

The picture is Mark. The Mark his family and friends want to see again. The healthy, strong, smiling Mark. So look at the picture, then help him and his family get him back to his healthy self. Donate! :)
@Stacy…thank you for the donation. Spread the word…

45 GG1k July 4, 2013 at 11:07 AM

It really bothers me that the wretched refuse that caused Mark’s injuries will be hanging with her friends today, pouring more booze down her worthless gullet, as the sheep she hangs out with bleat their sympathies to her, telling her it’s so awful that “this happened to her”… when what she really needs is the taste slapped out of her mouth, and told clearly and concisely just what a waste of skin she is.
The wheels of justice grind slowly, but exceedingly fine. It will take time… but the evidence will be gathered, and she will be charged. Keeping pressure on the DA’s office will help to reduce her plea bargain options. So make those phone calls, send those e-mails, express your outrage, and desire for justice to be done.
Sending healing thoughts to Mark, and we have a link posted up to his donation page on the Bay Area Riders Forum. I’ll be sending in a donation, and I hope the flood of donations are only exceeded by his rate of healing.

46 Tina Hadaway July 4, 2013 at 11:37 AM

@GG1k….thanks for posting on the Bay Area Riders Forum!! That’s awesome!

TEAMMARKT!!! :)

47 Hank2012 July 4, 2013 at 11:53 AM

Donated.

48 tgunn July 4, 2013 at 1:40 PM

People that donate for the cause don’t need to tell everybody they did for a pat on the back.

49 Tina Hadaway July 4, 2013 at 1:50 PM

@Hank2012….AWESOME!!! Thank you so much!! Have a happy and safe 4th and spread the word!!

The day after Mark’s accident, our team had a bowling outing planned at Clayton Valley Bowl. We postponed it…stay tuned, we plan on turning it into a fundraising event!!! Would love to meet the community supporters in person!!
http://www.youcaring.com/medical-fundraiser/teammarkt/70184

50 No comprende July 4, 2013 at 5:21 PM

If Mark was an illegal alien his medical bills would all be written off, si’? Instead, he’s likely to receive outrageous bills over an extended period of time and be responsible for every penny. Es loco!

51 Family Member July 5, 2013 at 3:40 PM

Mark has been making some nice improvements over the last few days. He is now breathing on his own. He has started talking a little bit although he doesn’t always make sense (it can be quite amusing!).

52 GG1k July 5, 2013 at 8:39 PM

@ tgunn- since the majority of us aren’t using our actual names, we’re not posting up we donated for pats on the back… it’s to show we care, and that we’re trying to help, and to encourage others to do so, as well. It’s called breaking inertia. If you really think that’s why, then yours is a dark and depressing world full of suspect people… I feel sorry for you.

53 GG1k July 5, 2013 at 8:41 PM

At Family Member- thank you for the update, I’m so glad to hear that he’s making improvements!! I’ll continue sending healing vibes his way, and hoping for a speedy recovery! *thumbs up*

54 Niki July 6, 2013 at 8:50 PM

Hope everyone had a relaxing holiday. I would like to ask everyone to continue to pray for Mark, as we were told he is doing better but he still has a long way to go. Thank all of you again for your concern, support, and to those of you that were able to make a donation. It is a good feeling to see people really do care.

Mark really is a Caring, Giving, Outgoing, and Kind Person….. He is a Good Man.
http://www.youcaring.com/medical-fundraiser/teammarkt/70184

55 Random comment July 6, 2013 at 9:48 PM

Mama Dog…..what if that was your daughter who caused this?? Would you wish your daughter would never get a good night sleep??

56 Random comment July 6, 2013 at 10:00 PM

Mama dog….the things you are doing to help the cause are outstanding. People like you make a difference, but some of these things you say are just simply ignorant. Continue your positive vibes and lose your negative wordsHope progress continues for the biker!

57 Lee July 6, 2013 at 11:54 PM

What is Mark’s last name?

58 Atticus Thraxx July 7, 2013 at 8:33 AM

Good to hear there’s some improvement. Please continue to keep us posted. And Random, I back Mama Dog’s play. Don’t roll up with rhetoricals to make a weak point. A little more accountability and a little less making excuses for people when they do monstrous damage to an innocents life, and we’d all be better off.
You go Mama Dog, I got your back.

59 Niki July 7, 2013 at 1:28 PM

There has been so much appreciated support from Claycord……. Let’s stay positive – Mark would want that.

Trust me I understand the anger and I am really holding back on expressing it.

I was working with Mark on the night of the accident and to know that 20 minutes after we said “goodbye and see you in the morning” that he was lying in the road bleeding has left a lump in my gut… all day every day since. I keep reminding myself daily that my anger will not help Mark.

Mama Dog, GG1k, Atticus Thraxx, Hank2012, Scoob and to all the others that have helped out and been supportive – Thank You!!! You all are kind and caring people. :)

~Stay positive.

60 Niki July 7, 2013 at 1:32 PM

For anyone that would like to and is able to make a donation, go to the following link

http://www.youcaring.com/medical-fundraiser/teammarkt/70184

Thank you,
Team MarkT

61 Family Member July 7, 2013 at 6:34 PM

A very belated Thank You to all of the people who helped at the accident site. We are so grateful that so many caring strangers stopped to help Mark.
Thank you to his coworkers who are watching and waiting to help him.
Thank you to doctors and nurses for their skills in caring for him.
Thank You to all of those who are watching the newspaper articles to see how he is doing and donating to his recovery fund.
We are encouraged by the progress he is making and warmed by the outpouring of concern from all of you.

62 Charmetta July 12, 2013 at 12:19 AM

@ Tina Hadaway: Mark was among the staff that operated on my hand on June 7th. I appreciated your entire staff’s devotion to duty that day and hope Mark makes a full recovery. He helped me make my recovery and deserves the best. All my thanks to your entire staff. Was truly in tears when I learned he’d been on my medical team~~and didn’t realize it until just today when I re-opened the Get Well card everyone signed and sent to me after surgery. Your team is tops.

63 Niki July 12, 2013 at 7:27 PM

Charmetta…….. My name is Niki, I am a co-worker of Mark’s and I just saw your message to Tina. She is out of town right now so I will make sure that she reads your post. So in her abscence I want to say Thank You for the very nice compliment. Mark is a wonderful person and I still cry every day. We are like a family at the surgery center and it’s not the same without him. But he was very healthy and he’s not one to give up so please lets keep praying for him and stay positive. Again Thank You for your kind words.

for anyone that would like to help Mark please go to the following link:
http://www.youcaring.com/medical-fundraiser/teammarkt/70184

Team MarkT

64 anonymous July 17, 2013 at 11:21 AM

Just so y’all know, Jessica is in volutary rehab. She could not feel any worse for her actions and believes that whatever she gets she deserves. She has to live with this for the rest of her life. Yes, she is fully aware that she made a horrible decision and injured an innocent man. As we all pray for Mark’s recovery can we pray for Jessica too? My heart goes out to Mark and his family and know that many people are praying for his recovery.

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