It's Not a Bike Accident When a Car Hits a Rider

[::: :::]

THAT was not an accident.

aggravated assault
he should be in jail

[old goat]

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.

[TBS]

Sue his and Daddy’s ass in civil court for massive monetary damages.

[mcski]

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

[highangle]

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.

[mcphee]

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.

[Dantheman]

I can’t fathom how he isn’t being charged.

I can.

[climberevan]

Rural Texas + faggy cyclists

Come on, man, you're better than that.

[altasnob]

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.

[Dantheman]

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.

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.

[dunfree]

Come on, man, you're better than that.

he is, Texas cops obviously aren’t.

[::: :::]

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

[Benny Profane]

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.

[Benny Profane]

But, as always, fuck Texas.

[mcphee]

& 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?

[mcphee]

Because he's a minor.

How is that not completely obvious to a “lawyer”?

[altasnob]

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.

[Benny Profane]

Ok, then, just Taliban the mother fucker and hang him in the square. After chopping his hands off.

[altasnob]

& 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.

[mcphee]

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.

[highangle]

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.

[dunfree]

Regardless, there's a high measure of implied risk in riding a bike on the roads.

Back to not caring about traffic laws again?

[mcphee]

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.

[highangle]

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.

[highangle]

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.