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a- For the first part, it probably is reasonable that RR guy was feeling imminent threat to himself and his family; in fact, life-and-death threat. b- For the second part, we're dealing with mob violence or even a riot (it's a legal thing, not talking a race riot here), i.e. a group of persons coming together with shared intent. In this case, if that biker is part of the biker group, he'll probably be considered part of the riot group and responsible for violence caused by such group, even if he's suddenly not "feeling" like being a part of it anymore. It is probably reasonable to say RR guy would not have distinguished that guy as *not* part of the group. To turn that around to be less awkward, RR guy probably reasonably believed that biker a part of the riot group and not an innocent bystander. The law almost certainly will consider that guy part of the riot group. A lot of this is thanks to the biker's own video. |
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I haven't seen any charges pressed against roadkill for menacing. I haven't seen any behaviors from roadkill that would constitute evidence supporting a charge of menacing. Menacing is a Class A misdemeanor and does not give the victim the right to exercise deadly force. I see you edited that one line out from the section of the penal code:p Next? A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. Menacing in the second degree is a class A misdemeanor. - See more at: N.Y. PEN. LAW § 120.14 : NY Code - Section 120.14: Menacing in the second degree Quote:
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Yep, reasonable is the right word here. Plausible has a different meaning. Self-defense goes against the "reasonable person" test. Where are you getting the idea of a "riot group/" |
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On another note, doesn't everyone think it's rather odd that the video cuts out right before they pull the guy out of the SUV and start beating him. They also didn't post anything before the "first" incident. The guy who film it knew to edit it out. The question is why? |
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Possibly because they wailed on the guy. Possibly because the camera man thought they might wail on the guy. It's possible the footage is around somewhere if he edited it (rather than just turning the camera off). |
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You already know the answer to this. It is to not have video evidence incriminatating his fellow bikers. |
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*If* there was sufficient evidence to point to this event being a riot (unlawful assembly is far more likely), the guy in question is *at best* a participant and even that is a difficult reach. |
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In New York it becomes 2nd degree murder if you are party to the originating felony. |
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"Riot" is very often associated with political meanings, picketing, looting, public assembly. But it's more broad than that. In regards to unlawful assembly, the inclusion of violence is what moves that term up to "riot." From there, you get down to who is a participant in a riot or not, and typically if you're in the vicinity, you're a participant. It's even more damning if you're previously part of the group, in shared uniform, or otherwise moving in concert with the group. There is (I should say "should be" since I'm not smart enough nor in the legal field and experienced in looking it up) case precedence that nearby persons are charged/tried as participants when they've said they were not. More than likely that is all arguable based on context and whether a prosecutor in a criminal case feels it worthwhile to pursue. |
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