Quote:
Originally Posted by SouthArk370Z
meh None of us have all the facts, so I can't get too upset with any theories that conflict with mine.
And this is an Intertubes forum, not a court of law.  Regardless of what the law is (and assuming my theory is correct), I think the guy in the RR was justified to react the way he did in that situation. His only option was to get away from the guys. The riders had blocked a major road so that his only path was over those bikes and people. The riders intentionally put themselves in danger. YMMV |
That's been my point since the beginning, although perhaps not as well stated.
The initial altercation becomes the major turning point. If something comes up showing a tire slash at the first stop (or other reason to fear for his life), the driver is in the clear. There's a possibility of a civil suit regardless, which will be interesting to see how it goes. There's also no reason the biker could not sue the tire-slashing guy as well...maybe get a 2 for 1.
I'm not sure how NY treats SD manslaughter. Will have to dig up some precedent. Running over the guy is similar to shooting a bystander when you get mugged.