Courts dont like Motorcyclists???

[a113ycat]

This guy was shot by a car driver and the courts are letting it go??


http://www.bikerspost.com/forum/top...rage-upset-that-prosecutor-won-t-file-charges

 

[Boostmax]

Both parties are wrong. Biker should have never spit, reached in the window nor punched the guy. The driver shouldnt have ever pulled over to confront the guy....if he was indeed in fear of his life or even trying to protect his family's life. Guy in the car probably wanted to show that he was a hot shot with a gun and scare off the biker. Biker called his bluff and punched him in the face. driver should have driven away. Driver should go to jail IMO. The driver provoked the guy, the driver waited for the obviously angry biker and egged him on, the driver could have left at any time....quickly, easily and safely, but instead he shot the guy, then fled......the driver had options, the biker did not have a gun or any deadly weapons, nor did he use deadly force..

Glad the biker lived, they both probably got the point and wont do anything like this ever again. Case closed.....

I can see strong cases for both sides....

 

[jfeagins]

The fool reached into the car to punch that man in the face. I'd have shot him too, had I been the driver. He's lucky to be alive, considering what a total fool he is. Begging the prosecutor to justify his stupidity (and apparent lack of control), IMO, makes him a bigger fool yet. He should count his blessings and go home. Chasing down cagers, no matter how badly they've been driving, or how much they may deserve a good 'lesson', gives all bikers a bad name. Maybe next time, he'll take down a license # and phone the proper authorities.

 

[sdt354]

In RI and MA, reasonable force for self-defense only, is allowed. The driver would have been wearing stripes here. Not saying I like it.
There was a case of a man shooting his neighbor that had smashed in his door and beat the shit out of him. Yes he provoked the neighbor, swearing-so what? The shooter is doing time. He did shoot him in the back, then taunt him, which is a little different than the mentioned case. Here the law expects you to attempt a retreat from even a house break. I like the laws in MO better.
How smart is a guy that reaches in and takes a swing at someone, with kids in the car? That is debatable too. A blood test for both should have been done.
Steve

 

[a113ycat]

I think they should both be facing SOMETHING...I understand self defence but in the course of road rage the biker was wrong in punching the guy so the minor assault should be the charge but here in Texas there was a similar case back when the Concealed Hand Gun law was passed and the guy the did the shooting went to prison there has to be in my understanding of the law the NEED to use deadly force even though the biker didnt die the force was certainly deadly. Remember back in the good ol days when..... awww never mind

 

[thetank]

well i am on the fence about it...if it was me i would have beat his ass then kicked him for riding a hardley...lol. but in reality all i can think is that i taught my wife and daughter to stand up for what they believe in. I would have taught both of them to shoot him. What would the opinion be if it had been a woman driving the car?

 

[KJShover]

Guy in the car probably wanted to show that he was a hot shot with a gun and scare off the biker. Biker called his bluff and punched him in the face. driver should have driven away. Driver should go to jail IMO. The driver provoked the guy, the driver waited for the obviously angry biker and egged him on, the driver could have left at any time....quickly, easily and safely, but instead he shot the guy, then fled.

65-year-old, Hot shot egged the biker on? LOL. I would pretty much bet that the thoughts going through his head were of his wife and grandson. I would agree with you if he left the car brandishing the gun, but he didn't. Taking off to get a cop, that happens more often than you think, in these situations. It could very easily go the other way, the bad ass biker poser was showing off to his wife, for instance.

..the driver had options, the biker did not have a gun or any deadly weapons, nor did he use deadly force..

How did he know this? knives are small and concealable as are a wide variety of personal weaponry. A similar situation happened up here, the guy drove off to his place of work where he was followed by the aggressor then stabbed to death, no one saw the knife come out. I took a knife a few years back. To this day I'm wondering where it came from. I'm grateful is was only my arms that got cut.

But not being there to actually witness what happened, who knows. Its the 3 sides to every story thing.

I don't really care about the spitting (although up here, it has been added under assault) but the second he reached into the car, a very bad decision has been made. If I were in the same situation, spit spewing biker man would have been ended. no if's and's or but's.

Another thing that gets me is the retreating laws in the home. I like it up here. If someone breaks into my house, I don't have to retreat before defending myself. If the person makes a threatening move. Game over. It kills me on some of the other laws where a person breaks into something and gets hurt, dog bike, cut or what ever. Then sues the owner and gets a nice settlement.

Up here they recently added spitting/throwing of bodily fluids as an assault. I've arrested a few winners who liked to bite their lip and spit blood. I have a few friends that work at the jail and they have some good stories of the things they throw around in there.

 

[2fear]

All I can say, you reach in my truck and slap me, you will be shot! If you are dumb enough to do that I have to assume you are dumb enough to take my life.... I hate dumb people!

 

[Horrendous]

Yea, I keep a 9mm usp in my car when I'm out and about. Someone reaches INSIDE my car and assaults me he's going to get shot

Sent from my Desire HD using Tapatalk 2

 

[Rusty McNeil]

Just read the story, pretty clear to me I would have shot the fucker too. And guaranteed in Texas to get no billed on it.

Reasonable fear of life in the eyes of a normal person is the key, doesn't matter whether the assailant is armed or not. And your not obligated to guess whether he's armed hoping your right either.
No one should have to take a beating and try to meet "force with force" and no more. Your left hoping that they don't go "too" far and then when you are justified its too late. I'm glad Texas doesn't have that stupid ass law. Any unprovoked (by physical act) out and out attack is fairly considered to be life threatening.
The age difference would come into play as well as the fact of who left thier vehicle and approached the other in an act of intimidation.

Plus side is it sounds like their law is like Texas's, if use of force is deemed reasonable by courts then a civil law suit is also out of the question.

I do believe bad decisions were made by by both parties, but getting yelled at by some one isn't reasonable cause to assault the person doing the yelling, period.

 

[Rusty McNeil]

Another thing that gets me is the retreating laws in the home. I like it up here. If someone breaks into my house, I don't have to retreat before defending myself. If the person makes a threatening move. Game over.

We got it one better down here, if someone breaks into your house day or night, or is on your property in any unauthorized capacity in a simple act of criminal mischief at night, Texas law assumes they are a deadly threat. A few unfortunate drunks get shot now and then pounding on the wrong door but a whole lot more turd thugs get dispatched saving the courts the time and trouble.

Plus even if they were not threatening if they are actually stealing we have a"hot pursuit clause" where by you can use deadly force to protect yours or anothers property if there is no other immediate remedy to stop a theft in progress, gotta catch in the act tho, can't hunt em down that's just murder.

 

[sdt354]

We got it one better down here, if someone breaks into your house day or night, or is on your property in any unauthorized capacity in a simple act of criminal mischief at night, Texas law assumes they are a deadly threat. A few unfortunate drunks get shot now and then pounding on the wrong door but a whole lot more turd thugs get dispatched saving the courts the time and trouble.

Plus even if they were not threatening if they are actually stealing we have a"hot pursuit clause" where by you can use deadly force to protect yours or anothers property if there is no other immediate remedy to stop a theft in progress, gotta catch in the act tho, can't hunt em down that's just murder.

It's strange the way laws read here. When someone shoots an intruder here you'll often find a kitchen knife in their dead hands.
A popular gun shop owner shot and killed a guy that broke into his shop in Providence RI years ago. Poor Don (now deceased) had to spend the night behind bars, but was eventually acquitted of murder. Don was a crusader for gun rights and sold me my first Browning HP. It was his personal recommendation and proved to be right for me then. He was quite a guy. http://thefiringline.com/forums/archive/index.php?t-77713.html
Steve-o

 

[85 MAX-fan]

65-year-old, Hot shot egged the biker on? LOL. I would pretty much bet that the thoughts going through his head were of his wife and grandson. I would agree with you if he left the car brandishing the gun, but he didn't. Taking off to get a cop, that happens more often than you think, in these situations. It could very easily go the other way, the bad ass biker poser was showing off to his wife, for instance.



How did he know this? knives are small and concealable as are a wide variety of personal weaponry. A similar situation happened up here, the guy drove off to his place of work where he was followed by the aggressor then stabbed to death, no one saw the knife come out. I took a knife a few years back. To this day I'm wondering where it came from. I'm grateful is was only my arms that got cut.


Soo true. Knives can be as deadly or more so than a gun. Force can take many forms, as can weapons. A younger man just punching a 65 year old is a felony (at least in this state). Just that can be such a huge disparity of force it could warant a bullet.
Lesson here is take it light, play nicely, and knock of the shite. Life has enough real crap in store for all of us that we really don't need to create it. As they say, in the end we all got it comming.
Yet another reason to carry bear spray.....

 

[2stangs69-91]

he is lucky the guy didn't have a real gun lol..if he did that to me.. with my family with me he would have got one from a 357 mag or 45 acp..depending on how I felt that day. The story would have read biker shot dead after punching driver..

 

[RaWarrior]

There seems to be a tremendous double standard of thought among a lot of people here. I've seen many threads here along the lines of "teaching a cager a lesson" when they almost kill you, carrying while on the bike, keeping little objects to throw at windows, ect. "well if my (significant other) was on the bike I would have....."

but turn the tables and now if you did what you say you'd do (i.e beat the shit out of said driver), you would immediately shoot at...... yourself for invading someone else's property and space.

so which is it?

 

[KJShover]

Tossing something at a cage or taking out a mirror is a long way from getting off the bike and reaching into a car to start throwing punches.

 

[2stangs69-91]

When family..grandkids are involved and somebody attacking your safe zone..no double standards at all. I ride expecting people to do stupid stuff..sounds like the biker screwed up actually. I get irritated but not enough to try and punch somebody when they are sitting in there car.