Brothers Out for a Sunday Drive in New York

There was no deadly force applied.

If a group is encircling a person threatening violence, and that person, in fleeing, knock a man that is part of the group out of the way, and he hits his head on the ground and dies...THAT was a foreseeable consequence if blocking his escape.

The result...the man getting run over because of the overt act of first attempting to illegally block the road, and second, blocking the escape of vehicle being threatened and attacked by the bikers accomplices in illegally blocking the road...getting run over is a foreseeable consequence of those actions.

1) Criminal Conspiracy: if a person enters into conspiracy to commit a crime, that person will be directly liable for a separate crime of conspiracy. He will also be vicariously liable for the conspired. A party to conspiracy may also be found vicariously liable for crimes committed by other defendants during the course of conspiracy. Such vicarious liability may be found for crimes that are foreseeable consequences and in furtherance of the conspiracy. The following elements are required to establish conspiracy:

  • Two or more persons must agree to accomplish some crime or felony.
  • Parties to the conspiracy must have had an intent to enter agreement.
  • Parties must also intend to accomplish the conspired for crime.
  • Modernly, there must be an "overt act" in furtherance of the conspiracy.
Vicarious Liability in Criminal Law | LegalMatch Law Library

The conspiracy was to shut down the highway.

The furtherance of the conspiracy was the accident with the brake checking cycle by a co-conspirator.

A second furtherance was the attack on the SUV by other co-conspirators.

The man who was run down was a member of the conspiracy to commit a criminal act...then he committed another OVERT act by blocking the escape of the SUV while it was being attack by his co-conspirators.

This was all a foreseeable consequence of the original conspiracy.

Once the man agreed to the original crime, he was an accomplice, and was liable for the crimes of the co-conspirators.

Therefore, using force to escape was not a crime...nor was it "mowing down an innocent bystander".

Yes - If the co-conspirators were actually attempting to harm the occupants of the SUV & these bikers were unlawful imprisoning them as it happened. Show evidence of that & running over the bikers is completely justified under NYC law.

But I see none of them trying to harm the occupants prior to the SUV assaulting bikers with deadly force. The SUV driver did not honk his horn alerting the bikers in front that he wanted through (unlawful imprison) or slowly advance giving them a chance to get out of the way. He just took off with no warning & did not allow the bikers to escape.

Why hasn't the SUV driver been charged with anything then ?

It's media hyped political feeding frenzy right now. The tide will turn in time.

NYPD brass were hot on arresting Cruz despite zero evidence he’d committed an actual assault, sources told The Post.

"“We arrested [Cruz] because of pressure from [police brass] to make an arrest in this case,” a second source said.

“It was completely against [the prosecutor's] judgment. The case is weak. We needed much more investigation.”

The DA’s office relented because of pressure from the NYPD and widespread publicity about the case, a second source told The Post.

A statement from the DA’s top trial prosecutor, Karen Friedman-Agnifilo, confirmed that the office was proceeding with caution in building “the strongest cases possible” against the renegade bikers.

“Prematurely charging individuals with low-level crimes does not further the goals of the investigation, and could weaken the cases we expect to bring against the perpetrators of serious crimes,” Friedman-Agnifilo said in a written statement."
 
As it turns out, the SUV driver just performed a public service by taking another thug off the streets.

Run-over Mass. biker has long criminal record | Boston Herald

he Lawrence motor*cyclist struck and paralyzed as a desperate SUV driver tried to escape the rage of other bikers in New York on Sunday has a six-page criminal record that began at age 12 with a negligent driving charge and includes jail time for drugs, guns, resisting arrest and other convictions, according to court records.
Edwin Mieses, 32, never got a driver’s license in the Bay State, the Registry of Motor Vehicles said, but he was frequently nabbed behind the wheel, and even sentenced to jail for driving without a license, court records show. Mieses has a pending case out of Lawrence District Court for driving suspended, subsequent offense, said Carrie Kimball Monihan, spokeswoman for the Essex County District Attorney’s Office. Mieses also has 15 guilty findings for criminal offenses including distribution of cocaine, possession of a firearm without a permit, knowingly receiving stolen property, resisting arrest and several motor vehicle violations, court records show.

Alexian Lien is another hero!





Yep, back in the old days of the west a creep like this wouldn't have lasted too long. Nowadays they have all sorts of whiney folks defending their criminal behavior while at same time trying to eliminate our means of protection from scum like this.
 
If a criminal is injured in the course of committing a crime does he have recourse?
He is responsible for his crimes.
As are his accomplices.
If he is killed by a law abiding citizen his accomices are guilty of murder.
That is the law in civilized states.
 
If a criminal is injured in the course of committing a crime does he have recourse?
He is responsible for his crimes.
As are his accomplices.
If he is killed by a law abiding citizen his accomices are guilty of murder.
That is the law in civilized states.
Are we still a civilized state? That's the question. One of the men bashing on that car was an off duty cop.
 
If a criminal is injured in the course of committing a crime does he have recourse?
He is responsible for his crimes.
As are his accomplices.
If he is killed by a law abiding citizen his accomices are guilty of murder.
That is the law in civilized states.
Are we still a civilized state? That's the question. One of the men bashing on that car was an off duty cop.

Probably the one smashing the rear window.
Trying to kill the child!!
Unionized cop of course.
Kill the children of the dissenters.
Those who drive range rovers are 1%ers, therefore dissenters.

They steal the foodstamps!!!
Kill em!!!!!!!!
 
Undercover cop was on scene when bikers beat Range Rover driver: officials

10/4/13
By Richard Esposito and Tracy Connor, NBC News

An undercover New York police officer was on the scene when a pack of angry motorcycle riders chased down and beat a Range Rover driver in front of his wife and toddler, two law enforcement officials said Friday.

The unidentified cop came forward four days after the harrowing incident — which was captured on camera and became a viral video that has gotten millions of hits — and Internal Affairs is investigating. This information was first reported by the New York Post.

There is no evidence the officer took part in the assault on driver Alexian Lien, but he also did not assist the victim or call 911, one source said.

Another biker, Robert Sims, surrendered to police Friday. He is believed to have yanked the vehicle's door and also participated in the assault.

Detectives have photos of Sims participating in the assault, a law enforcement official said.

The probe of the NYPD officer is the latest fallout following Sunday's confrontation, which left one motorcyclist with a crushed spine, another facing charges, and police trying to identify more than a dozen bikers who were involved.

...

Undercover cop was on scene when bikers beat Range Rover driver: officials - U.S. News
 
An eyewitness saw the guy who was driven over trying to drag the wife out of the range rover.
Swoop and squat, stop vehicle, rob kidnap and rape occupants.

It's how criminals on our lawless highways kick it.
 
Undercover cop was on scene when bikers beat Range Rover driver: officials

10/4/13
By Richard Esposito and Tracy Connor, NBC News

An undercover New York police officer was on the scene when a pack of angry motorcycle riders chased down and beat a Range Rover driver in front of his wife and toddler, two law enforcement officials said Friday.

The unidentified cop came forward four days after the harrowing incident — which was captured on camera and became a viral video that has gotten millions of hits — and Internal Affairs is investigating. This information was first reported by the New York Post.

There is no evidence the officer took part in the assault on driver Alexian Lien, but he also did not assist the victim or call 911, one source said.

Another biker, Robert Sims, surrendered to police Friday. He is believed to have yanked the vehicle's door and also participated in the assault.

Detectives have photos of Sims participating in the assault, a law enforcement official said.

The probe of the NYPD officer is the latest fallout following Sunday's confrontation, which left one motorcyclist with a crushed spine, another facing charges, and police trying to identify more than a dozen bikers who were involved.

...

Undercover cop was on scene when bikers beat Range Rover driver: officials - U.S. News

yeah so not only will the cops not help you

they are part of the criminal element
 
Revealed: FIVE off-duty NYPD officers were among the bikers involved in SUV attack but not one of them intervened to help father as he was viciously beaten in revenge for running one of them over
Injured biker Edwin Mieses Jr now faces permanent paralysis
Two detectives and three other officers, all off-duty, witnessed the attack
A number of off-duty corrections officers may also have been present
The attacker is expected to turn himself in soon

At least five off-duty New York Police Department officers have admitted being present at the savage revenge beating last weekend on the Henry Hudson Parkway, according to reports.
Among the off duty cops were at least two detectives and three other officers, all who witnessed the attack and did little to stop it. One of the detectives, an undercover narcotics officer, watched as the violence broke out and chose not to break it up for fear of ruining his cover.
The five officers were not the only ones present, WABC is reporting that the NYPD is investigating whether several off-duty corrections officers were also present. Police present for the violent attack did not begin coming forward until Wednesday - four days later.


5 off-duty NYPD officers were among bikers involved in Edwin Mieses Jr SUV attack | Mail Online
 
The Yuppie in the SUV needed to learn the lesson that driving an SUV does not make the driver Iron Man. Most SUV drivers drive them because it makes them feel bigger and tougher than they really are. The bikers showed good discipline in not shooting the SUV driver who committed multiple hit and runs and should be in prison. This is a case of righteous street justice.

LiveLeak.com - Range Rover Runs Over Bikers in NYC. (comments)



Just when you thought we had enough mental cases on this board!!!:D:D:D:2up:
 
The MSM now upset an off duty cop was enjoying the weekend with the other riders and they have the chutzpah to imply he should be charged for not stopping the street justice. If anything the off duty cop should be charged for not stopping the Yuppie in the luxury SUV from running over motorcycle riders.
 
The MSM now upset an off duty cop was enjoying the weekend with the other riders and they have the chutzpah to imply he should be charged for not stopping the street justice. If anything the off duty cop should be charged for not stopping the Yuppie in the luxury SUV from running over motorcycle riders.

I think you're here to just stir the pot. Your posts are completely illogical.
 
DigitialDrifter, why do you use the quote to respond? That is the most retarded thing users here do. Well, one of them anyway! :lol: Hit reply and address me cordially so we can discuss the controversial issues. But be forewarned, I deal in facts, not superstition, and emotion.
 
DigitialDrifter, why do you use the quote to respond? That is the most retarded thing users here do. Well, one of them anyway! :lol: Hit reply and address me cordially so we can discuss the controversial issues. But be forewarned, I deal in facts, not superstition, and emotion.

Controversial?

Thugs attack and get what thugs get when they attack someone who can defend their family.

Not sure what's controversial?
 

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