Bikers Attack Driver After Accident: Caught on Tape

jcosta79 · 10-02-2013, 03:16 PM

Quote:

Originally Posted by Red__Zed

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, 03:33 PM

Quote:

Originally Posted by jcosta79

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.

jcosta79 · 10-02-2013, 03:56 PM

Quote:

Originally Posted by Red__Zed

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.

Red__Zed · 10-02-2013, 04:02 PM

Quote:

Originally Posted by jcosta79

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

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

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.

Cmike2780 · 10-02-2013, 04:11 PM

Quote:

Originally Posted by Red__Zed

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

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).

Cmike2780 · 10-02-2013, 04:25 PM

Quote:

Originally Posted by Red__Zed

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).

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.

Red__Zed · 10-02-2013, 04:29 PM

Quote:

Originally Posted by Cmike2780

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.

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

speedfreek · 10-02-2013, 04:16 PM

Quote:

Originally Posted by Cmike2780

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.

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