10-02-2013, 04:37 PM
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#11 (permalink)
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Quote:
Originally Posted by Red__Zed
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.
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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. 
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