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-   -   Bikers Attack Driver After Accident: Caught on Tape (http://www.the370z.com/north-east-region/79613-bikers-attack-driver-after-accident-caught-tape.html)

jcosta79 10-02-2013 01:51 PM

Quote:

Originally Posted by cossie1600 (Post 2513386)
The sad part is that no one came to the rescue after the guy started smashing window with his helmet, what happened to common decency?

If you want to get out of your car to get in the way of a gang of psycho, meth-head bikers, be my guest.

KN21283 10-02-2013 01:53 PM

Quote:

Originally Posted by ElVee (Post 2513409)
Well, of course, we're talking intent (malice) now. This is a difference between manslaughter and murder. Swerve to take out one extra victim that you didn't *need* to take out, and you're in a whole new world.

What about the ones in front during the chase?

andre12031948 10-02-2013 01:55 PM

Quote:

Originally Posted by Chuck33079 (Post 2513330)
We all did. That's what college is for. I can work with special- I chose "different" rather than "special" so I didn't imply you were retarded. Just a little off. ;)

I wish I could go back to a time when special meant special & there was no such thing as "hate crime" & "like crime" but ALL crime was bad. Did anybody ever use a defense where he claimed to have killed a guy because he liked him too much :confused:

andre12031948 10-02-2013 01:58 PM

Quote:

Originally Posted by KN21283 (Post 2513418)
What about the ones in front during the chase?

Good point^^^^^

99% of them were not involved. I don't think the victim that's going to die or be paralyzed knew what hit him.

ElVee 10-02-2013 01:58 PM

Quote:

Originally Posted by KN21283 (Post 2513418)
What about the ones in front during the chase?

It's usually not conducive to talk about hypotheticals in too much detail, but the intent of the ones in front would probably be questioned.

Mob violence/actions complicate the situation quite a bit. We'd start having to talk about "common intent."

DEpointfive0 10-02-2013 02:02 PM

Quote:

Originally Posted by jcosta79 (Post 2513417)
If you want to get out of your car to get in the way of a gang of psycho, meth-head bikers, be my guest.

LMAO!!! Usually the biker gangs that are associated with meth are the REAL biker gangs that ride Choppers, not crotch rockets

Red__Zed 10-02-2013 02:04 PM

Quote:

Originally Posted by DEpointfive0 (Post 2513337)
LMAO, done deal I guess


But I know Mr. RedZed is in Colorado, and I don't have any trips planned there yet.

Quote:

Originally Posted by Chuck33079 (Post 2513315)
Oh HELL no. You're bringing that beer in person when we do the brakes on your car. Then we're both drinking it. And then possibly the rest of the beer fridge.


I'm flying through Houston this weekend. Come to the airport and I'll buy you a beer.

Chuck33079 10-02-2013 02:04 PM

Quote:

Originally Posted by DEpointfive0 (Post 2513433)
LMAO!!! Usually the biker gangs that are associated with meth are the REAL biker gangs that ride Choppers, not crotch rockets

Bikers on hogs deal meth. Bikers on crotchrockets use meth. A subtle, but important distinction. ;)

cossie1600 10-02-2013 02:04 PM

Quote:

Originally Posted by jcosta79 (Post 2513417)
If you want to get out of your car to get in the way of a gang of psycho, meth-head bikers, be my guest.

My conscious would feel a lot better than witnessing a possible death in my eyes. Plus as a a parent now, I am way more sensitive to anything with a child involved. You bet I would help the little girl first.

Now let's get rid of the asshats narccist who rise loud motorcycles too or cars

Chuck33079 10-02-2013 02:05 PM

Quote:

Originally Posted by Red__Zed (Post 2513435)
I'm flying through Houston this weekend. Come to the airport and I'll buy you a beer.

Hobby or Bush?

Red__Zed 10-02-2013 02:07 PM

Quote:

Originally Posted by Chuck33079 (Post 2513438)
Hobby or Bush?

Bush.

KN21283 10-02-2013 02:10 PM

You think anyone in Washington heights would help an Asian guy being beaten and sliced up?

Cmike2780 10-02-2013 02:31 PM

Quote:

Originally Posted by KN21283 (Post 2513444)
You think anyone in Washington heights would help an Asian guy being beaten and sliced up?

They did, but too little to late. I'm assuming it happened pretty quickly with a lot of bystanders not knowing what was going on. It could have been a lot worst if they were in the middle of nowhere.

jcosta79 10-02-2013 02:34 PM

Quote:

Originally Posted by DEpointfive0 (Post 2513433)
LMAO!!! Usually the biker gangs that are associated with meth are the REAL biker gangs that ride Choppers, not crotch rockets

And if you want to get out of the car to ask them which category of biker gang they fall into, be my guest as well. :rofl2:

DEpointfive0 10-02-2013 02:36 PM

Quote:

Originally Posted by Red__Zed (Post 2513435)
I'm flying through Houston this weekend. Come to the airport and I'll buy you a beer.

I live in CA now... ;-(
If you come to beautiful Sunny Southern CA, shoot me a message

Quote:

Originally Posted by KN21283 (Post 2513444)
You think anyone in Washington heights would help an Asian guy being beaten and sliced up?

EDIT: I read this as a place in Houston

And HELLLL no I don't... Well...
It depends... In TX, especially Houston, more than likely, at least ONE of the bikers would've had a gun, and in Houston, odds are that THAT CAR has it's own designated gun. So the outcome would have, and could have been WAYYYYYY different.

Cmike2780 10-02-2013 02:51 PM

Quote:

Originally Posted by andre12031948 (Post 2513352)
I remember not too long ago when many people said that a person(nameless) had NO right to protect himself after his nose was broken & head busted up. :p Ye, if the bikers started beating him through the window, I wouldn't blame him from trying to get away. I only heard that he might have been threatened

...you really went there. Agree or not, that case also concluded with a not guilty verdict.

A reasonable perceived threat of death or bodily harm is enough for you to try and get away. It kind of sounds like you're saying they had to physically harm the driver before he's allowed to defend himself and his family.

Red__Zed 10-02-2013 02:58 PM

Quote:

Originally Posted by Cmike2780 (Post 2513505)
...you really went there. Agree or not, that case also concluded with a not guilty verdict.

A reasonable perceived threat of death or bodily harm is enough for you to try and get away. It kind of sounds like you're saying they had to physically harm the driver before he's allowed to defend himself and his family.

The big difference in this case is who he hurt, with the added uncertainty on what the initial altercation consisted of.

You can't shoot guy 2 because guy 1 threatened you.

cossie1600 10-02-2013 03:07 PM

In Texas they operate differently

Red__Zed 10-02-2013 03:08 PM

Quote:

Originally Posted by cossie1600 (Post 2513547)
In Texas they operate differently

Texas has similar laws, as anyone who was ever obtained a CCW license there can readily share.

Cmike2780 10-02-2013 03:12 PM

Quote:

Originally Posted by Red__Zed (Post 2513516)
The big difference in this case is who he hurt, with the added uncertainty on what the initial altercation consisted of.

You can't shoot guy 2 because guy 1 threatened you.

...and if guy 2 is an accomplice?

Considering the one who got hit as merely a bystander is also an uncertainty. We obviously don't know exactly what the RR guy was feeling or who he saw as a threat or who was an actual threat. I'm just saying it's plausible that the RR guy felt they were all going to attack him. It's also plausible to conclude that the motorcycle guy who's in a coma was one of the riders that used his bike/body to detain the SUV in the middle of the highway.

jcosta79 10-02-2013 03:14 PM

Quote:

Originally Posted by Red__Zed (Post 2513552)
Texas has similar laws, as anyone who was ever obtained a CCW license there can readily share.

In Texas I can shoot anyone that's on my property. I don't have to be in any "danger".

I'm sure the laws in NY are NOT the same.

Tribalpinoy91 10-02-2013 03:15 PM

Man thats crazy. I would of felt threatened and would have reacted the same way as the guy in the RR. Glad to be a PA Resident concealed weapons permit baaziing.

jcosta79 10-02-2013 03:16 PM

Quote:

Originally Posted by Red__Zed (Post 2513516)
The big difference in this case is who he hurt, with the added uncertainty on what the initial altercation consisted of.

You can't shoot guy 2 because guy 1 threatened you.

Yes you can if they are committing the crime together.

Just because the driver of the getaway car didn't actually rob the bank, the cops can still shoot him when they all try to escape.

Red__Zed 10-02-2013 03:31 PM

Quote:

Originally Posted by jcosta79 (Post 2513570)
In Texas I can shoot anyone that's on my property. I don't have to be in any "danger".

I'm sure the laws in NY are NOT the same.

Castle doctrine is irrelevant to an altercation on public roads, and you are terrifyingly unfamiliar with Texas law.

TX allows for you to use force as necessary to stop trespassing, but you may not escalate to deadly force unless required.

In addition, the castle doctrine protects your habitation (which precedent indicates as covering a forced entry to or removal from a vehicle), but not "property" as you state. Detached garages and land have been declared as not covered under the law.

Red__Zed 10-02-2013 03:33 PM

Quote:

Originally Posted by jcosta79 (Post 2513573)
Yes you can if they are committing the crime together.

Just because the driver of the getaway car didn't actually rob the bank, the cops can still shoot him when they all try to escape.

What crime did the biker that got run over commit?

(Driving a getaway car is a felony by itself, nevermind the precipitate involvement in conspiracy).


If they can find evidence that crushed-femur-dude had been involved in planning this (say, they decided they'd rob some dude by getting in an accident and slashing his tires), then he becomes an accomplice. Otherwise, the connection is tenuous.

Huck 10-02-2013 03:45 PM

Quote:

Originally Posted by DEpointfive0 (Post 2511916)
Back in Dallas, a group of bikers closed down the 75 Freeway, a MAJOR freeway leading in/out of Dallas. I lived in the center of down town and took the 75 often to go to school, shopping, whatever.
Fast forward a year, and there were threats that the same bikers would close the 75 again. One day during the time that we had the news forecasts, there was an officer outside our apartment, this is how the conversation went.
DE.50-"So, if I'm on the 75 and they close the freeway ahead of me, what do I do?"
Officer-"You got a gun?"
DE-"Yeah, why?"
O-"Good, carry it, they stop in front of you car shoot them, you got a big car?"
DE-"Um... Yeah..." (I had a Maxima at the time)
O-"Gooooood, get your gun, SHOOT the bikers and run them over, then when you're back home, call the police, tell us you killed a few of the bikers, and give me a call, I got you covered" (and he gave me his business card)
DE-I laughed and said "Really?"
O-"Yeah, ****'em, shoot'em. Have a good night" (and he left)


It was weird/awesome at the same time

One of the best stories I've heard in a while, there should be more cops like that.


I survived Zdayz 2013... (barely)

jcosta79 10-02-2013 03:51 PM

Quote:

Originally Posted by Red__Zed (Post 2513584)
Castle doctrine is irrelevant to an altercation on public roads, and you are terrifyingly unfamiliar with Texas law.

TX allows for you to use force as necessary to stop trespassing, but you may not escalate to deadly force unless required.

In addition, the castle doctrine protects your habitation (which precedent indicates as covering a forced entry to or removal from a vehicle), but not "property" as you state. Detached garages and land have been declared as not covered under the law.

1. I was not trying to say it was the same as something that occurred on public roads. I was merely giving an example of the difference between two state's laws.

2. Here's everything you need to know about castle doctrine (or whatever you call it) here in TX: Everyone here is armed and everyone here WILL shoot you if they find you in their home. If you want to argue legal technicalities with a TX homeowner pointing a gun at you, go right ahead.

ElVee 10-02-2013 03:55 PM

Texas has the "Law of Parties," when it comes to felony murder cases. Essentially, if a second person is a "party" to the one who commits the murder, that second person can be convicted of murder as well.

jcosta79 10-02-2013 03:56 PM

Quote:

Originally Posted by Red__Zed (Post 2513585)
What crime did the biker that got run over commit?

This is article 120.14 of the NEW YORK penal law:

Quote:

S 120.14 Menacing in the second degree.
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.
Now please go troll somewhere else. Adults are talking.

DEpointfive0 10-02-2013 04:01 PM

Quote:

Originally Posted by ElVee (Post 2513619)
Texas has the "Law of Parties," when it comes to felony murder cases. Essentially, if a second person is a "party" to the one who commits the murder, that second person can be convicted of murder as well.

I believe a lot of states are like that, no?

Associate to the crime or something?

ElVee 10-02-2013 04:02 PM

Quote:

Originally Posted by Cmike2780 (Post 2513566)
...and if guy 2 is an accomplice?

Considering the one who got hit as merely a bystander is also an uncertainty. We obviously don't know exactly what the RR guy was feeling or who he saw as a threat or who was an actual threat. I'm just saying it's plausible that the RR guy felt they were all going to attack him. It's also plausible to conclude that the motorcycle guy who's in a coma was one of the riders that used his bike/body to detain the SUV in the middle of the highway.

Not to be pedantic, but change "plausible" to "reasonable" up above, and you have some valid legal arguments. :)

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.

Red__Zed 10-02-2013 04:02 PM

Quote:

Originally Posted by jcosta79 (Post 2513622)
This is article 120.14 of the NEW YORK penal law:



Now please go troll somewhere else. Adults are talking.

So far you've established that you don't even know your own states self-defense laws, and resorted to personal attacks.

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:

Originally Posted by jcosta79 (Post 2513611)
1. I was not trying to say it was the same as something that occurred on public roads. I was merely giving an example of the difference between two state's laws.

2. Here's everything you need to know about castle doctrine (or whatever you call it) here in TX: Everyone here is armed and everyone here WILL shoot you if they find you in their home. If you want to argue legal technicalities with a TX homeowner pointing a gun at you, go right ahead.

New York also allows the use of reasonable force against home invasion.

Red__Zed 10-02-2013 04:04 PM

Quote:

Originally Posted by DEpointfive0 (Post 2513635)
I believe a lot of states are like that, no?

Associate to the crime or something?

Only if you have an active engagement in the planning, commission, or cover-up.

Red__Zed 10-02-2013 04:07 PM

Quote:

Originally Posted by ElVee (Post 2513637)
Not to be pedantic, but change "plausible" to "reasonable" up above, and you have some valid legal arguments. :)

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.


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/"

Cmike2780 10-02-2013 04:11 PM

Quote:

Originally Posted by Red__Zed (Post 2513585)
What crime did the biker that got run over commit?

(Driving a getaway car is a felony by itself, nevermind the precipitate involvement in conspiracy).


If they can find evidence that crushed-femur-dude had been involved in planning this (say, they decided they'd rob some dude by getting in an accident and slashing his tires), then he becomes an accomplice. Otherwise, the connection is tenuous.

Agree. No one really knows yet....that's why no charges have been filed. This is all just a friendly discussion.



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?

Red__Zed 10-02-2013 04:15 PM

Quote:

Originally Posted by Cmike2780 (Post 2513657)
Agree. No one really knows yet....that's why no charges have been filed. This is all just a friendly discussion.



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?

They've already decided not to file charges against the driver or biker2, which jives with my belief that no major criminal charges will come of this (unless there were weapons used or gratuitous beatings inflicted).

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).

ElVee 10-02-2013 04:15 PM

Quote:

Originally Posted by Red__Zed (Post 2513651)
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/"

Oh, a group of people with a common malicious intent causing terror.

speedfreek 10-02-2013 04:16 PM

Quote:

Originally Posted by Cmike2780 (Post 2513657)
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?


You already know the answer to this. It is to not have video evidence incriminatating his fellow bikers.

ElVee 10-02-2013 04:17 PM

Quote:

Originally Posted by DEpointfive0 (Post 2513635)
I believe a lot of states are like that, no?

Associate to the crime or something?

Nothing like Texas. Yeah, there are accomplice laws, but if you and a buddy are out and your buddy shoots and kills someone while you're standing there, you can be tried for felony murder and sentenced just as harshly (possible death penalty) as your friend who actually pulled the trigger. It's a big step up in Texas. :)

Red__Zed 10-02-2013 04:19 PM

Quote:

Originally Posted by ElVee (Post 2513662)
Oh, a group of people with a common malicious intent causing terror.

Where is your legal backing for the scenario you have drawn up?

*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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