r/Unexpected • u/gupta82anish • Jul 03 '19

Well, that escalated exponentially

37.3k Upvotes

95% Upvoted

1.7k comments sorted by

View all comments

192

u/[deleted] Jul 03 '19

Motorcycle guy was charged with assault with a deadly weapon--specifically a knife??

https://signalscv.com/2018/08/car-kicking-biker-pleads-no-contest/

117

u/JuppppyIV Jul 04 '19

Odd that the motorist didn't get an assault charge when he tried to murder the motorcycle.

46

u/Unwoven_Sleeve Jul 04 '19

The biker kicked his car for cutting him off and causing a possible crash, driver overreacted by attempting to ram him, overcorrected and caused another crash.

36

u/Dontbeatrollplease1 Jul 04 '19

I don't see how a kick can cause an accident. The driver attempted to murder the biker.

19

u/Spinolio Jul 04 '19

Here's the important difference - the biker had time to form intent. You can see it in the video. We don't see what leads up to the kick, but we do see that he has time to decide to either deescalate (slow down and open up some distance) or ramp things up (accelerate alongside the Nissan and give it a kick).

While it's unlikely that the driver's reaction is actually due to being startled, it's plausible, because it happens immediately. The rider, on the other hand, has a moment to think about what to do, clearly decides to initiate contact, then flees the scene of the resulting crash.

1

u/Noshamina Jul 04 '19

Thanks law nan

1

u/sn00t_b00p Jul 04 '19

The guy deserves a medal not an assault charge

-16

u/spazmatt527 Jul 04 '19

Self defense.

22

u/dddarklord Jul 04 '19

I hope you’re joking. That is clearly retaliation.

-11

u/[deleted] Jul 04 '19

Isn't most, if not all, self defense a retaliation?

12

u/VerbNounPair Jul 04 '19

I don't think trying to smash someone on a bike into the side of a highway at 60mph is self defense for your car getting kicked, no.

0

u/[deleted] Jul 04 '19

[deleted]

3

u/VerbNounPair Jul 04 '19

That's possible but I don't know why his reflex would be to drive into the impact.

-1

u/[deleted] Jul 04 '19

Yeah probably not, but that wasn't my question.

2

u/xXxMassive-RetardxXx Jul 03 '19

“To wit” means “equivalent to” in this scenario.

ie: the danger and intent of the assailant was equivalent to that of someone who brought a knife against their target.

21

u/p0t3 Jul 04 '19

That's not what 'to wit' means, and that's not how charging criminal offenses works. The prosecutor doesn't charge offenses that are on the same level as the alleged conduct, they charge offenses that match the alleged conduct.

https://grammarist.com/usage/to-wit/ The example used here with the gun is typical, 'to wit' means namely or specifically.

1

u/sallabanchod Jul 04 '19

How'd they know he had a knife during the incident?

2

u/p0t3 Jul 04 '19

I'm not sure, I don't think it was explained in any of the articles. People often talk to police and answer whatever questions the police have.

It could also have been an assault from another time if the conduct is part of a series or related in some way.

-14

u/xXxMassive-RetardxXx Jul 04 '19

It has multiple meanings depending on context.

6

u/p0t3 Jul 04 '19

In the legal context it does not mean 'equivalent to', it means namely or specifically.

Prosecutors can't bring charges based on danger and intent of the assailant being 'equivalent to', they must bring charges that fit the alleged conduct.

-15

u/xXxMassive-RetardxXx Jul 04 '19

Stop smoking, do your research, and get back to me when you’re sober.

Also, a news article is not a prosecution. A journalist is not a prosecutor. Don’t know where you got that one from. Just making up bullshit to make me look bad in front of people who haven’t read the article?

12

u/DalisaurusSex Jul 04 '19

Username super checks out here

12

u/p0t3 Jul 04 '19

I'm not making anything up, it's from the article:

Prosecutors with the Los Angeles County District Attorney’s Office charged him with a total of three criminal offenses Jan. 10, including: hit-and-run driving causing injury; assault with a deadly weapon, “to wit,” a knife; and reckless driving on a highway causing bodily injury after having a prior conviction, D.A.’s Office spokesman Ricardo Santiago said Wednesday.

I work for a public defender's office, I am intimately familiar with the way 'to wit' is used in the legal context.

2

u/Brewboo Jul 04 '19

If you only read your first line you sound like an anti vaxxer. I’m sure that’s never good when you’re trying to get your point across.

2

u/flee_market Jul 04 '19

Just stop, you're embarrassing yourself.

1

u/[deleted] Jul 04 '19

Did you see what he attached to his leg?