ouzelum

https://timesherald.com/articles/2009...e468054648.txt

We've been having recurring issues with teens on the Schuylkill River trail in my neck of the woods lately, but this happened directly on my route to work. I'm not sure which scares me more, the teens or the cyclist.

DoB

Wow, bad judgement all around though the guy with the firearm takes the prize.

Juveniles with bad judgement are par for the course, and I have no doubt that what they were up to was threatening to Wyatt Earp there.

On the other hand, to legally discharge his firearm Mr. Earp needed to be in immediate jeopardy for his life which he clearly wasn't. His 'going for the tire' make that even more clear.

What exactly is the requirement to get a CCW permit in this neck of the woods? Judgement and knowing the law seem not to factor into it.

Glynis27

If that guy really purposely hit a moving bike tire at 250 feet, he is a darn good shot. You generally can't shoot at something that far away and call it self defense though.

cyclefreaksix

Headline should read: Idiot cyclist shoots at other idiot cyclists!

Still, sounds like the guy was a purty dang good shot.

CB HI

The cyclist aimed for the kids tire and actually shot it out. Dam good shot that stopped a criminal from making good on his escape. Cops arrested the wrong person.

I would be happy to ride with Joseph James DePaul Jr. any time.

Since they are still investigating, why the quick arrest of DePaul, but the kid is still free?

How many times does DePaul have to be the victim of violent crime before he gets to fight back?

abstractform20

“The worst thing that can happen is if people start arming themselves,” Ferman said.

really? because states dont abuse power/authority.

kicking someone riding a bicycle is very similar to bumping someones car with another vehicle.

kids are getting off easy.

DoB

Actually if you read the article the DA indicated that they are looking into charges against the teens as well.

Obviously kicking a cyclist in the ribs as he goes past is an easy case to make for assault. Depending on the other conditions this could also be more, but that is probably a reach for the DA. The assault is a slam dunk though.

The problem for the cyclist is that his next move was worse. Once he crashed following the assault it sounds like he could clearly see that the teens were neither armed nor advancing on him at close range to continue the assault. Legally you cannot attack someone with a deadly weapon who is not in range of you and indicating that they are imminently going to deliver an attack that is a threat to your life. This makes the cyclist's retaliation with the gun another slam dunk for the DA as an assault and attempted murder.

Looks to me like everyone involved is guilty. If this was the best the cyclist could manage for controlling himself then he should never have armed himself in the first place.

RiverCityCyclis

I couldn't help but laugh on that. I'm just glad he didn't kill anyone, and I bet assaults should slow down on that trail as the word spreads. He probably didn't need to actually fire the gun unless they were actively beating him while he drew the weapon.

Kimmitt 

I'm glad no one was killed.

dspaff088

DePaul reportedly said, “I’m pretty damn good.”


hitting a moving bmx tire at 250ft at 8:40pm on a bike trail

adaminlc

Quite disturbing. I am amazed that the kids weren't arrested as well. Idiot deserves prosecution for shooting in public like that. The kids committed assault, plain and simple. Just because de Paul assaulted back doesn't mitigate the other crime.

Commando303

I don't know how wrong I feel the shooter was, here. If he'd fired his weapon to retaliate against threat of violence, my opinion would lean rather more strongly in his disfavor, but, as it is, we're told he was kicked in the ribcage as he rode his bicycle. As it also is, he didn't shoot a human being, and his claim is, he didn't intend to. What would have been the "right measure" to take? "Notify the police"? The authorities often are ineffective and indifferent in this sort of situation when it comes to motor vehicles; how likely are they to have been in helping against "two kids on bicycles"? The latter would probably never have been found out.

HIPCHIP

The shooter went above and beyond what he was allowed to do, but I bet the punk kids think twice about their actions......either that, or they'll start carrying guns.

Damned if you do, damned if you don't!

dougmc

Dunno, if kids kicked me in the ribs as I rode by, and I had a gun on my person, I'd be inclined to use it. Getting kicked off your bike at speed could result in a very serious injury, and I'm not going to say that responding with deadly force couldn't be appropriate.

Though if the kids were fleeing and over 200 feet away when he fired, it's going to be very hard to claim it's self defense.

At least in Texas, when you get a CCW permit, you have to take a class that goes over in great detail when you can and can't use your gun, and what the penalties can be. I imagine other states are similar ...

maddyfish

The worst thing that can happen is if people start arming themselves,” Ferman said.

A very telling and dangerous statement from a government official.

cc700

apart from the anarchist sentiment in this thread, i think the kids should be jailed as well as the bicyclist.

police presence will have the most collateral damage but at least kids won't get shot at for making one bad choice.

iareConfusE

Cyclist was probably having a bad day and took it too far. Teenagers like that should be beaten and disciplined by their parents, or just straight locked-up.

SingingSabre 

I bet he won't be f*cked with again. That's a win.

Considering he's a "previous victim of violent crime" I can see why he did this.

jeffpoulin

And this is why citizens carrying guns in public scares me.


But isn't that exactly what happened?

Zardhex

Even though I don't condone the guy's actions, i gotta say that i've been in situations where people in cars have instigated aggressive behavior(but never others on bikes), and i will only say that, lucky for them, I wasn't carrying a pistol at the time the man probably was at his breaking point and he felt that he couldnt take it anymore...the sad fact is that the teens out having "fun" up till that moment didn't realize how close they were to biting the big one....patrols are being increased on that path? hmmmm....I wonder if they will start frisking everyone on a bike for deadly weapons

MMACH 5

I feel like both should have been arrested. In Texas, the shooter would likely be "no-billed" by a grand jury and not end up having to go to trial.

What I find most irksome is that it had to come to this to get them to "wage an aggressive crackdown on troublemakers." The story states that this bike trail has had problems, lately and that law enforcement has "increased patrols." This could mean that they went from ignoring the bike path to having a squad car roll past it once a day.

"Montgomery County District Attorney Risa Vetri Ferman vowed to wage an aggressive crackdown on troublemakers menacing the public on the recreational river route."

bkrownd

Who do you plan to assault?

xenologer

I wonder how he got arrested...
Dumb enough to go to the cops and try to report kids harrasing him, even after taking the shot?
Or did the kids report him? Wouldn't expect this since they'd be admitting to harrasing people on the trail in the process.

jeffpoulin

I don't want to be near anyone's crossfire. If people would seriously consider pulling out a gun whenever they get enraged, then yeah, that scares me.

xenologer

But no one would be enraged in the first place, because people would always make an effort to be courteous to each other if the possible stakes are so high.
Recall the days before govt nanny-ism? Where people had the choice of honourable dueling to settle arguments or to not argue at all? People tended not to argue over little things.