We are a nation of laws. Disregarding them due to media stirred emotion will only result in mob rule.
The District Attorney will not charge bikers beating on the SUV because they were not endangering the life of the people inside. Only the violent vigilante ones will be charged if caught. They should also charge the SUV driver. He should have to pay for the injuries to the bikers, not try to stick us tax payers with his negligence.
The vehicle was attacked at the FIRST stop...that is what motivated the Range Rover to make the escape, running over the motorcyclist THAT WAS
INTENTIONALLY BLOCKING HIS PATH.
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You can't use deadly force to stop an attack on property in NYC in broad daylight. It is only justified in defending life.
Even Texas Penal Code§9.42. only allows that at night. NYC does not ever allow deadly force to defend property...
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".
