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Old February 10th 04, 02:24 PM
Doug Huffman
external usenet poster
 
Posts: n/a
Default Cyclist arrested for taking the lane

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.



"Critic" wrote in message
...
| 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?
|
|
| http://ap.tbo.com/ap/breaking/MGACVA1QGQD.html
|
|
|


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