I ANAL I am not a lawyer.
I am an armed bicyclist and have CCW for more than four years (just renewed my permit).
Line by line....
"...charged with attempted homicide, aggravated assault and weapons offenses." He certainly did
these things. Note that the assault was the 'wave' and the weapons offenses are likely the manner
that he carried. There is no indication that they are status violations, i.e., that he is a felon
disbarred of his 2A Rights.
"...when he drove past him in his pickup truck Saturday, he made an obscene gesture." Possibly true
but improvable without witnesses. If you 'wave' while armed or unarmed then make it a full five
fingered wave. Let 'em read between the lines if they're literate. If they are not literate then
they are dumb enough to 'turn around'. The first element of common law self-defense is 'be innocent
of instigation'.
"...turned around and drove toward,..." this is an assault. A reasonable man felt threatened and in
imminent danger of great bodily harm from an instrumentality with means and motive.
"...pulled out a pistol and threatened to shoot,..." Mistake. Keep the pistol concealed until you
MUST shoot and then shoot without hesitation. To do otherwise leads to this current situation or at
least charges of 'brandishing'.
"reached into the truck and shot [him] once in the arm" The key statement of the article. If the
driver stopped then he was not innocent and did not attempt to retreat or even to secure himself by
locking and rolling up the windows. The driver did not feel threatened and had little 'respect' for
the cyclist. The case will hang on the factual basis for this statement by the reporter.
"...rode away on his bike." Fleeing or retreating from further combat?
"...rammed Urick off his bike and they fought briefly until Urick fled again." The driver should
face charges.
"...told him to get off the road." I regard this as an assault in my personal life and immediately
evaluate my self-defense status.
An automobile is a deadly weapon. The conspiracy of ignorance masquerades as common sense.
news:[email protected]...
| I have to admit I have often felt like doing what this cyclist did. That
is
| one reason I now only ride off-road. When was the last time you heard of
a
| motorist being chaged with attempted homicide for running down a cyclist with a 2-ton pick-up?
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http://ap.tbo.com/ap/breaking/MGACVA1QGQD.html
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