That's called felony murder and most states have a similar law (though other states are not quite as liberal with the death penalty). The big difference in TX is that you can be charged even if you didn't show up that day (ie, you planned the bank robbery but called out sick when it came time to do the job).

In New York it becomes 2nd degree murder if you are party to the originating felony.

The guy who turned himself in didn't actually beat the guy. Nothing suggest the DA won't follow up will larger charges later. It's still ongoing. They're treading carefully until all the evidence from the investigation is complete. They're also still looking for the suspect that actually assaulted the RR guy. With a ton of media attention, the DA is waiting for the big fish before proceeding with anything. They'll come back to that guy to get him to talk against the one who did the actual beating.

I'm likely not going to get a very accurate legal definition, but a riot is just a group of people with common intent to cause violence.

"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.

Friedman-Agnifilo said they won't prosecute him. Doesn't mean they won't, but it doesn't sound like they're planning to.

Yes, I think we're talking pretty much the same thing there. It's called "law of parties" in Texas.

The burden for being a participant of a riot requires active encouragement, not merely presence.


There are a lot of legal tricks that could be used against roadkill, but claiming he was part of a riot is pretty unlikely. The group (from all appearances) was largely non-violent and the aggressive actions were that of the minority (most of the guys stayed planted on their bikes even during the beating). If you could build a case that there was a riot, you would need to show participation by roadkill, which is a challenge as he got run over before anything started. Then, to my knowledge, there's no precedent saying that if you are threatened by part of a rioting group you can use deadly force against any of them.


It would be a very uphill legal battle and there are easier methods to get the guy, if that's the route they want to take.

Yup, just referencing the broader legal concept as more people are likely to be familiar with the global terminology.

I'd love to disagree here, as I think there is precedent on who is considered included in a riot (aka mob violence) or not, but I'm not versed enough in it. I can just futilely say I disagree and whimper into the corner. :)

Damn there are some funny memes online

To be clear here I'm not arguing what I think should be the case, I'm just pointing out what is. My personal opinions on matters like this is they should never happen because guys that recklessly endanger the public like this should have been placed in jail a long time ago.

The dude that got run over was cited many times for driving without a license. The fact that he's free indicates a painful failing of the legal system. This should have never happened because half those bikers should have already been in jail.

But, it's important to not set dangerous precedents either. Built by association seems fine in this case, but it would be a bummer if you were on a forum that got out of hand and you wound up in jail because of it.

Caving to bad rules in order to catch bad guys in one case leads to things like a ball-fondling surcharge on your plane tickets, or rules like the Canadian-street-racing car impound (if you're in a nice car near a street race, you lose your car)

you sound like a lawyer

Part of me wishes I had gotten into law way back when, since this stuff fascinates me and gets the juices going.

But then I realize I dislike people and get over it. :)

no, but I play one on TV

:icon17:

everything about the legal process seems so stressful
it's like your job is conflict management... and people's lives/money/etc are at stake
i dont think i could ever do that kind of stuff

what if I came up to a crowd of people/a picket line
 

They are parading all over the street & I'm not able to drive through. Then they give me the finger & come knocking on my window. Am I allowed to drive OVER them because I felt threatened????

The freaken guy gunned his SUV straight at the riders in front of him. If they wouldn't have reacted as quickly as they had, many would be run over & dead!!!! He felt threatened/scared????? He & his family was NOT touched & weren't going to be. Just because he thought different does not give him the right to accelerate straight right into & over a bunch of people.

Even after he ran over & possibly killed a person, the driver was not beat up/hurt that badly.

You can't just drive over people!!!!!! When someone points a gun to your face you should feel threatened, not if someone made a gesture to slice your tires or knocks/bangs on your car door.

Prosecutor material^^^^

were you born on 12/03/1948?

if yes i think im detective material :icon17:

I can't tell you that, but I can say that I'll be 65 before the year ends:(

i have no clue why but you remind of me tweety bird

http://upload.wikimedia.org/wikipedi...0px-Tweety.png

If you're young & female, let's talk. Utherwise:tiphat:

Please do not confused sport bike riders with these people. these are not sport bike riders. Stunters yes, flash mob on bikes? yes but to stereo type sport bike riders with these tools just not right. Social media/ youtube, the interwebz has created a monster with this type of behavior.

I wish no bodily harm on anyone but all of what happen here was the fault of the biker who stopped for no reason in front of the RR. no stop lights no stop signs no emergency, he had a testosterone filled urge to do something really stupid because he had the mob to protect him. he should be charges with the harm that happen to both the injured biker and the victim in the range rover.

I was a mod on a sportbike forum for years, led tons of group rides, never once where we disrespectful to others on the road. in fact most of our group rides where to areas where others where not so we could enjoy our bikes. and if someone was a tool, he heard it from the group.

I really hate when i see these bikers do this stuff because it gives all other riders a bad name.

want to stunt, go to a industrial park, want to go fast, do it out in the country or the drag strip or the race track, just do it away from others. not that hard, ofcourse i dont think your quads will be able to do that

18/f/cali

Been following this whole thread, while I have my own opinions, they are in line with most of yours. Ill just drop this here:
LiveLeak.com - Same group of bikers attacking another driver in 2011

Perfect.

How long would the drive take from Monticello N.Y.????

I don't know what country you live in but if you're driving/riding a motor vehicle and have no license you are IMMEDIATELY at fault as you should not have been driving a vehicle without the license to do so.

Example:

Had he had a license he most likely would have cited for unsafe lane change
Sacto 9-1-1: Coroner identifies motorcyclist killed near Negro Bar

Had she had a license she might have been sited for speeding and wreckless driving
Darriean Hess arrested, charged in crash that killed bicyclists | SeacoastOnline.com

Had she had a license she might have never been charged.
Allegedly unlicensed driver in fatal Muskegon River flats crash fails to appear in court | MLive.com


etc etc...

Had he not been on the road (brake check biker) breaking the law he would have never been bumped causing the chain of events.

Yep, two words for you: George Zimmerman.

He had a concealed carry license and look what it got him. He's living in hiding with half the population thinking he's a hero and the other half thinking he's a terrorist. I don't carry for that reason. I'm afraid I'd get into a situation like the RR attack and take out a few a-holes then spend the rest of my life in and out of court.

just watched on CNN
 

Those bikers were black. Now I'm changing my opinion. Now I don't blame the SUV guy for being scared.

Of course I'm kidding!!! but this story might have some legs now. Well if the driver of the SUV was white. Asian driver? not so sure.

Isn't it sad how this country has turned out. One of the bikers on CNN said that the SUV guy drove like a maniac. I agree with him.

Surely you are trolling. I live in the United States of America, where exactly ZERO of the 50 states determine fault based on licensure. Most states assign fault based on who is at fault, with a couple refusing to assign any fault at all. A simple google search would have made this fact clear to you.



You said:
"Had he had a license he most likely would have cited for unsafe lane change"

Article says nothing of the sort. Charges are in-line with behavior.

http://assets.diylol.com/hfs/fdf/5ff...lie-b032a8.jpg



Article says nothing of the sort. Charges are in-line with behavior. Your misspelling of "reckless" is a nice touch.

http://assets.diylol.com/hfs/fdf/5ff...lie-b032a8.jpg


Article says nothing of the sort. Charges are in-line with behavior, especially since most of them are related to failure to appear

http://assets.diylol.com/hfs/fdf/5ff...lie-b032a8.jpg




You also seem very confused about the chain of events. The biker that was rear-ended appears to have had his license suspended following the event, which would indicate he had a license during.

Here's an easily digestible link for you on the topic:
I was in a minor car accident with an unlicensed but insured driver in NYS. Is that party at fault? - Avvo.com

I'm out for a bit traveling, will catch up on this thread next week.

well looks like the original video containing the HD version that you can see one of the bikers trying to yank the range rovers drivers door open has been tooken down by the biker who posted it...little suspicious don't ya think? so, sorry red i can't get a screen shot now, but trust me if that video were to pop up again online somewhere in HD, please take a real close look at it and you can see what im talking about.

You're kidding right? did you watch the video that i watched? after he got out of the circle of bikers he maintained his lane and even slowed to a stop when they tried to box him in. The only fault i can see in the RR driver was that he was still too concerned with the rules of the road. When he got stuck behind the traffic he stopped and felt he had no where to go but just sit there. If it were me and my family in jeopardy there would have been even more injured bikers because I would have popped that bish in reverse EVEN if you're not involved. if its me and my family vs. you or anyone else...ill give your mom a flower at your funeral.

Cool. Interested to see it. Will help RR guy's case if they can show that.

Stopping traffic on a highway stopped all the cars. Only that guy started running over the bikers. You better have a very, very good reason before you start running over/killing people. Don't you think?

Now you're just being willfully dense. He had a good reason. They stopped him and tried to get into the vehicle with his family inside. Have you still not read any news about this event?

Since they didn't hurt him that bad after he ran that guy over, and they didn't touch his family, why would he think & what did he think they wanted before. Maybe if he opened his window a bit & asked what? Nothing would have happened. That's what I would do. If I cut someone off or not, I would say sorry pal. Case could have been closed after that. These guys didn't look like they were going to rape & kill them & sell the kid into slavery :icon17:

Ok, you're just trolling. There's no way a rational person could come up with something like that.

http://www.the370z.com/attachment.ph...1&d=1380764175

he wouldn't hurt any one

Facts are overrated chuck

The normal thing to do is ask what's going on. Be real & honest, it's not normal to try & run over a bunch of bikes & people. NOT normal to kill people if they knock on your door, or whatever they did. Whatever they did, not what the SUV driver thought they wanted to do.

Were the riders wearing hoodies???

You do realize that he ran over the bikes to escape when his safety and the safety of his family was threatened, don't you? Have you read a single article that's been linked here with a timeline of events? You're so far off what actually happened you might as well be discussing a different event.