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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)

Cmike2780 10-02-2013 10:23 AM

1 Attachment(s)
Quote:

Originally Posted by Red__Zed (Post 2512932)
There's zero evidence of when or how the tires got slashed.


Taking down the RR guy would generally be disallowed, although the fact that he hit and run complicates things, as most states enforce as a felony.

Fleeing felon rule - Wikipedia, the free encyclopedia

Coupled with the belief of observed attempted murder/manslaughter, you could probably make a good case for the chase/apprehension. If the driver was knifed as he claimed, things get tougher for the biker responsible, as well as if there's any evidence pointing to needless beating, etc. The fact that he's alive and was released from the hospital in ~2 hrs indicates that there was probably not much gratuitous beating.

Future videos could tell a lot.

There's a 911 call while all this is happening and his wife in the passenger seat. Not a hit and run. He also clearly stops. There's no evidence we've seen that indicates when the tires were slashed, but the tires being slashed at the last incident can certainly be ruled out. A lot of what the bikers are saying is all hearsay. I've seen a few episodes of Law and Order too....

....Now who's claiming stuff that we have no evidence for.....The hospitals discharged him, but all that means is that his injuries are no longer life threatening. He'll likely have to follow up as an outpatient. The only reason the driver wasn't hurt more was the fact that people on the street eventually came to his aid....see the guy two guys.


( Click to show/hide )
S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he or she
reasonably believes such to be necessary to defend himself, herself or a
third person from what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by the actor with intent to
cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case the
use of physical force is nevertheless justifiable if the actor has
withdrawn from the encounter and effectively communicated such
withdrawal to such other person but the latter persists in continuing
the incident by the use or threatened imminent use of unlawful physical
force; or
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with
complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, forcible criminal
sexual act or robbery; or
(c) He or she reasonably believes that such other person is committing
or attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision three of
section 35.20.

jcosta79 10-02-2013 10:26 AM

Quote:

Originally Posted by Red__Zed (Post 2512939)

Unless they went out that day planning to treat annoying drivers like that, you would have a tough time sticking him with the behaviors of the group.

Here's your proof that they did just that: LiveLeak.com - More footage previous to Range Rover incident

Anyone who has any sympathy for the bikers is an idiot.

Red__Zed 10-02-2013 10:27 AM

Quote:

Originally Posted by Chuck33079 (Post 2512955)
I'd argue this was one of those cases, but a court will decide.



There's a lot of felonies getting slapped on the arrested bikers. Are you suggesting they'll all be dropped?

The legal system doesn't have a safety valve, which is why I said it breaks down....

Charges were already dropped/not pressed against the one. The felonies on the other guy will be hard to stick (he will probably wind up with some traffic misdemeanors sticking...I bet he plea bargains down)


Quote:

Originally Posted by jcosta79 (Post 2512960)
:icon18:

Yeah, and I got a bridge in Brooklyn to sell you if you believe that one!

If your friends decide to rob a bank while you happen to be in the car with them, well guess what? Your *** is going to jail.

Those guys should be thankful this didn't happen in TX. There would be a lot of dead bikers on the highway and their families would have gotten invoices to pay for the cleanup.

Dependent on the situation. There is plenty of precedent contrary to that claim.

Chuck33079 10-02-2013 10:31 AM

I'd love to see a transcript of the 911 call. I'm sure it'll get out at some point.

Red__Zed 10-02-2013 10:31 AM

Quote:

Originally Posted by Cmike2780 (Post 2512972)
There's a 911 call while all this is happening and his wife in the passenger seat. Not a hit and run. He also clearly stops. There's no evidence we've seen that indicates when the tires were slashed, but the tires being slashed at the last incident can certainly be ruled out. A lot of what the bikers are saying is all hearsay. I've seen a few episodes of Law and Order too....

....Now who's claiming stuff that we have no evidence for.....The hospitals discharged him, but all that means is that his injuries are no longer life threatening. He'll likely have to follow up as an outpatient. The only reason the driver wasn't hurt more was the fact that people on the street eventually came to his aid....see the guy two guys.

I'm telling you how the DA is going to look at the situation. You're the only one claiming unfounded things. I simply said he was released promptly, and if you think the bikers couldn't have killed him before the extra guys intervened, I think you are mistaken. Of course, the only reason for that may have been self-concern and legal maneuvering, but the reasoning doesn't really matter (from the court's perspective). At least some of the bikers have a pretty compelling story that largely keeps them clean.


There's no released evidence even saying that his tires were slashed, so the fact that is being assumed at this point shows how strongly biased perspectives may be.

Red__Zed 10-02-2013 10:32 AM

Quote:

Originally Posted by jcosta79 (Post 2512982)
Here's your proof that they did just that: LiveLeak.com - More footage previous to Range Rover incident

Anyone who has any sympathy for the bikers is an idiot.


Those videos are a far cry from evidence of conspiracy to commit anything

jcosta79 10-02-2013 10:32 AM

Quote:

Originally Posted by Cmike2780 (Post 2512917)
Correct me if I'm wrong, but vigilante justice on the guy in the Range Rover is hardly lawful either.

That's not vigilante justice. That's self-defense.

Chuck33079 10-02-2013 10:33 AM

Quote:

Originally Posted by Red__Zed (Post 2512992)
There's no released evidence even saying that his tires were slashed, so the fact that is being assumed at this point shows how strongly biased perspectives may be.

The New York Post article confirms the slashed tires, as well as puts the time of slashing before the final stop of the chase.

Red__Zed 10-02-2013 10:33 AM

Quote:

Originally Posted by jcosta79 (Post 2512996)
That's not vigilante justice. That's self-defense.

He's talking about wailing on the driver....

Red__Zed 10-02-2013 10:33 AM

Quote:

Originally Posted by Chuck33079 (Post 2513000)
The New York Post article confirms the slashed tires, as well as puts the time of slashing before the final stop of the chase.

Based on....?

jcosta79 10-02-2013 10:35 AM

Quote:

Originally Posted by Red__Zed (Post 2512995)
Those videos are a far cry from evidence of conspiracy to commit anything

They are evidence of a group of individuals breaking multiple laws and riding in a way that endangers the lives of others. Why do you think the guy deleted them off his Facebook page?

Are you seriously sticking up for these idiots?

SouthArk370Z 10-02-2013 10:35 AM

Has anyone heard when, in the sequence of events, the 911 call was placed?

Chuck33079 10-02-2013 10:36 AM

Quote:

Originally Posted by Red__Zed (Post 2513002)
Based on....?

They didn't cite their sources. :rolleyes:

You're a defense attorney, aren't you? :p

Red__Zed 10-02-2013 10:38 AM

Quote:

Originally Posted by jcosta79 (Post 2513006)
They are evidence of a group of individuals breaking multiple laws and riding in a way that endangers the lives of others. Why do you think the guy deleted them off his Facebook page?

Are you seriously sticking up for these idiots?

Nope, just getting a slow and painful reminder about how clueless most people are about how our legal system operates.

Just because I think that all bikers like this should be sent out of the country, doesn't mean they don't have legal rights.

Cmike2780 10-02-2013 10:39 AM

Quote:

Originally Posted by Red__Zed (Post 2512992)
I'm telling you how the DA is going to look at the situation. You're the only one claiming unfounded things. I simply said he was released promptly, and if you think the bikers couldn't have killed him before the extra guys intervened, I think you are mistaken. Of course, the only reason for that may have been self-concern and legal maneuvering, but the reasoning doesn't really matter (from the court's perspective). At least some of the bikers have a pretty compelling story that largely keeps them clean.


There's no released evidence even saying that his tires were slashed, so the fact that is being assumed at this point shows how strongly biased perspectives may be.

Sorry, I didn't realize you knew the DA. I'm just judging by what I saw in the video and what I see in the pictures. Like I said, that's just my opinion. The fact that you would rule it out completely kind of shows bias too. Just say'n.


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