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  1. #576
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    May 2009
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    Quote Originally Posted by Bunion 2020 View Post
    THAT was not an accident.
    aggravated assault
    he should be in jail

  2. #577
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    Jan 2008
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    Quote Originally Posted by ::: ::: View Post
    aggravated assault
    he should be in jail
    Juvenile, so that probably won't happen. Unless he's Black, which is unlikely, in which case they would try him as an adult and his name and picture would already be all over the news.

  3. #578
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    Oct 2004
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    50 miles E of Paradise
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    11,749
    Sue his and Daddy’s ass in civil court for massive monetary damages.
    Check Out Ullr's Mobile Avalanche Safety Tools for iOS and Android
    www.ullrlabs.com

  4. #579
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    Apr 2006
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    I can’t fathom how he isn’t being charged. There was a similar incident at my HS and a kid went to juvie for a year or two as a result

  5. #580
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    Quote Originally Posted by mcski View Post
    I can’t fathom how he isn’t being charged. There was a similar incident at my HS and a kid went to juvie for a year or two as a result

    All you have heard is 1 side of it, from 1 witness, who embellishes his story for dramatic effect and may or may not withstand cross examination.
    Kid might have spun out on a cow pie for all you know.

  6. #581
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    Mar 2019
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    522
    Quote Originally Posted by highangle View Post
    All you have heard is 1 side of it, from 1 witness, who embellishes his story for dramatic effect and may or may not withstand cross examination.
    Kid might have spun out on a cow pie for all you know.
    if he's spinning out on turds in the road next to people using the road, he's driving too fast and too inexperienced to be driving a behemoth like that in RWD. Dipshit.



    Maybe they were road apples.

  7. #582
    Join Date
    Oct 2003
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    slc
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    14,614
    Quote Originally Posted by mcski View Post
    I can’t fathom how he isn’t being charged.
    I can.
    Last edited by Dantheman; 09-28-2021 at 11:19 AM.

  8. #583
    Join Date
    Oct 2005
    Location
    Tahoe-ish
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    1,692
    Quote Originally Posted by Dantheman View Post
    Rural Texas + faggy cyclists
    Come on, man, you're better than that.
    ride bikes, climb, ski, travel, cook, work to fund former, repeat.

  9. #584
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    Jan 2005
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    2,630
    Quote Originally Posted by TBS View Post
    Sue his and Daddy’s ass in civil court for massive monetary damages.
    I haven't read the article, but how is his Daddy liable? Daddy's insurance will cover personal injury up to the policy limits. But after that, you would have to go after the kid and probably wouldn't collect any after policy limits.

    Regarding criminal charges, sometimes it takes awhile for a prosecutor to bring charges for legitimate reasons (still investigating). So give it some time. WA has auto decline crimes and I assume Texas is similar. That means for certain heinous crimes, a 16 year old can be charged as an adult in adult court. And driving crimes are always charged in adult court (there is no DUI crime in juvy court).

    In this instance, he could not only be charged with vehicular assault (which is either getting wasted or driving recklessly and causing serious injury to another). He could also be charged with the more serious assault with a deadly weapon (just like someone shooting a gun at someone but not killing them). A car is a deadly weapon depending on the manner he used it. And double jeopardy doesn't prevent the prosecutor from charging both charges, one count of each charge for each victim. So the prosecutor could lock this kid up for life if he actually intentionally ran over cyclists.

  10. #585
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    Oct 2003
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    slc
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    Quote Originally Posted by climberevan View Post
    Come on, man, you're better than that.
    Fine, edited. Odds are that's exactly how cops in this area feel about road bikers, though. It's pretty clear that's how the driver feels about them.

    Quote Originally Posted by altasnob View Post
    Regarding criminal charges, sometimes it takes awhile for a prosecutor to bring charges for legitimate reasons (still investigating). So give it some time.
    Yes, charges take time. Arrests, however, do not. He should have been arrested on the spot. If he had plowed through a group of people on horseback, or Harleys, or little girls running a lemonade stand under the same circumstances he would have been arrested immediately. Spandex was clearly a factor here.
    Last edited by Dantheman; 09-28-2021 at 11:43 AM.

  11. #586
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    Aug 2016
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    3,668
    Quote Originally Posted by climberevan View Post
    Come on, man, you're better than that.
    he is, Texas cops obviously aren’t.

  12. #587
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    May 2009
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    inpdx
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    Quote Originally Posted by altasnob View Post
    if he actually intentionally ran over cyclists.
    & he probably didn't intend to run them over
    so maybe not aggravated assault

    but he did intend to menace them from what's been reported
    and the results certainly caused more damage than just intimidation

  13. #588
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    Oct 2003
    Location
    Big in Japan
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    48,707
    Quote Originally Posted by altasnob View Post
    I haven't read the article, but how is his Daddy liable? Daddy's insurance will cover personal injury up to the policy limits. But after that, you would have to go after the kid and probably wouldn't collect any after policy limits.

    Regarding criminal charges, sometimes it takes awhile for a prosecutor to bring charges for legitimate reasons (still investigating). So give it some time. WA has auto decline crimes and I assume Texas is similar. That means for certain heinous crimes, a 16 year old can be charged as an adult in adult court. And driving crimes are always charged in adult court (there is no DUI crime in juvy court).

    In this instance, he could not only be charged with vehicular assault (which is either getting wasted or driving recklessly and causing serious injury to another). He could also be charged with the more serious assault with a deadly weapon (just like someone shooting a gun at someone but not killing them). A car is a deadly weapon depending on the manner he used it. And double jeopardy doesn't prevent the prosecutor from charging both charges, one count of each charge for each victim. So the prosecutor could lock this kid up for life if he actually intentionally ran over cyclists.
    Because he's a minor.

    The world is perfect. Appreciate the details.

  14. #589
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    Oct 2003
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    Big in Japan
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    48,707
    But, as always, fuck Texas.

    The world is perfect. Appreciate the details.

  15. #590
    Join Date
    Mar 2019
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    522
    Quote Originally Posted by ::: ::: View Post
    & he probably didn't intend to run them over
    so maybe not aggravated assault

    but he did intend to menace them from what's been reported
    and the results certainly caused more damage than just intimidation
    Would purposefully blowing noxious exhaust fumes on an unsuspecting and indefensible person be counted as aggravated assault?

  16. #591
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    Mar 2019
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    522
    Quote Originally Posted by Benny Profane View Post
    Because he's a minor.
    How is that not completely obvious to a “lawyer”?

  17. #592
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    Jan 2005
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    Quote Originally Posted by Benny Profane View Post
    Because he's a minor.
    Ok, I just looked that up and there is a Parental Responsibility Law. I have never seen that (my practice is mostly adult criminal law, not juvy and not a ton of civil). In the end, it's likely a moot point because it's rare for anyone to collect more than policy limits on a personal injury auto case. It's too hard to collect from individuals so attorneys typically call it good once they obtain the insurance policy limits (unless Daddy has deep pockets). And those limits would be the same regardless of whether daddy or kid is driving.

  18. #593
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    Oct 2003
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    Big in Japan
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    Ok, then, just Taliban the mother fucker and hang him in the square. After chopping his hands off.

    The world is perfect. Appreciate the details.

  19. #594
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    Quote Originally Posted by ::: ::: View Post
    & he probably didn't intend to run them over
    so maybe not aggravated assault
    You don't have to actually make contact, or intend to make contact, with someone for it to be an "assault." If I swing a butcher knife at your face but intentionally miss, it's still assault with a deadly weapon. So it will all come down to what the kid's intent was.

    An assault is an act done with the intent to create in another apprehension and fear of bodily injury, and which in fact creates in another a reasonable apprehension and imminent fear of bodily injury even though the actor did not actually intend to inflict bodily injury.

  20. #595
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    Mar 2019
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    522
    Quote Originally Posted by altasnob View Post
    You don't have to actually make contact, or intend to make contact, with someone for it to be an "assault." If I swing a butcher knife at your face but intentionally miss, it's still assault with a deadly weapon. So it will all come down to what the kid's intent was.
    His accomplished intent was to roll coal which creates apprehension and fear. Losing control of the truck and running people over was the unintended consequence and is still a crime.

    You’re pretty bad at lawyering.

  21. #596
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    Jan 2009
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    907
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    Smoke & mirrors is not apprehension and fear, and the only way you have of "knowing" his intent to roll coal, @mcphart, was the excited ramblings of a sus road biker "quoted" by the local FoxNews affiliate.
    Regardless, there's a high measure of implied risk in riding a bike on the roads.

  22. #597
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    Aug 2016
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    3,668
    Quote Originally Posted by highangle View Post
    Regardless, there's a high measure of implied risk in riding a bike on the roads.
    Back to not caring about traffic laws again?

  23. #598
    Join Date
    Mar 2019
    Posts
    522
    Quote Originally Posted by highangle View Post
    Smoke & mirrors is not apprehension and fear, and the only way you have of "knowing" his intent to roll coal was the excited ramblings of a sus road biker "quoted" by the local Fox affiliate.
    Regardless, there's a high measure of implied risk in riding a bike on the roads.
    So, you’re saying that removing emissions equipment, adding larger injectors, slowing down to match the speed of the people on bikes causing the cylinders to fill up with unburnt fuel, mashing the throttle causing the overfueled cylinders to emit thick black smoke onto indefensible people was…unintentional?

    Maw on some road apples you huge fucking loser.

  24. #599
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    907
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    Quote Originally Posted by dunfree View Post
    Back to not caring about traffic laws again?
    Road bikers should be aware that traffic laws are typically enforced subsequent to physics laws, and have no bearing on how long the clamps have to stay in a broken pelvis.

  25. #600
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    Jan 2009
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    907
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    Quote Originally Posted by mcphee View Post
    So, you’re saying that removing emissions equipment, adding larger injectors, slowing down to match the speed of the people on bikes causing the cylinders to fill up with unburnt fuel, mashing the throttle causing the overfueled cylinders to emit thick black smoke onto indefensible people was…unintentional?
    Where did you establish for a fact that happened, that way, douchebag? You're making shit up, and your scammer road biker witness client has a long history of traffic scams.



    Maw on some road apples you huge fucking loser.
    Maw on my dick...like your ma.

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