Bontrager

I was minding my own business this morning and at precisely 8:56 AM (according to my cyclocomputer) some a**hole pulls up and smacks my backside with a shoe or flip flop. I immediately got his license plate # and stopped to call the authorities to report it but the phone # wasn't in my cell. After picking up my pride, I continued riding for a little bit down the road to try and catch him and hit an all time high of 207 BPM. He must have made a right turn because as I was coming up the road the other way on my way home, I saw them again in their older model white ford explorer. I didn't know it was them because they didn't have a front license plate and didn't read their plate until they made a left in front of me. (I can't believe how many white ford explorers there are around here!).

Anyway... I figured they were high school kids.

Bontrager

Man that was fast. I called the Sherrif's dept and they came in less than 15 minutes to take the report.

The deputy said it was an ASSault.. ohhhh...

Nachoman

Prosecute him! It's a hate crime against cyclists!

SpongeDad

It's also battery (unless your state code eliminates the distinction).

If I recall my Crim Law correctly, assault generally doesn't require contact; battery does. Shooting at someone and missing is assault - still a serious crime. Shooting and hitting is battery. They smacked you, so that's battery. Battery, for the same conduct, is generally more severely punished for obvious reasons.

Definitely press charges - if they'd startled you and you'd gone down, they could have run over you. This sh*t isn't funny.

PS - It's remarkable how much criminal law and procedure ends up on Law & Order. Sometimes it's better than law school.

Inverted

Good thing you got his license plate. Definately prosecute to the full extent that you can (or can afford). Though obviously not motivation for pressing charges, the damages should at least cover the court fees. And it'll keep one more idiot off the road.

Call the local paper as well. If they are as desperate for news as most local publications are, chances are good they'll at least do a quick story and get the message out.

Something similar happened to me about a week ago, and I wish I got the punks' license plate.

formulaben

Make sure the dude knows you'll prosecute. Once he knows you are serious, then tell him privately that you'll drop charges if he buys a NEW road bike...

SpongeDad

No - that's a crime. While you can threaten civil litigation and settle, you cannot threaten criminal proceedings to get a settlement. That can be construed as extortion.

edit Ben - I assume you being a bit over the top for humor's sake, but just in case your not....

HRPirate

That would be really funny if you pressed charges. Do it do it do it.

hi565

You best press charges. Thats rude and disrespectful. That is battery with a weapon as said before. Do it.

formulaben

*edit*

No, I'm dead serious. Re-read what I posted. How can it be construed as extortion if the perp doesn't give the OP the bike?! The way I look at it, the best punishment would be for the perp to go ride a bike (hoping on some quick karma). If the perp buys a new one, the worst that can happen is he sells it for less than he bought it for; best case, he rides and feels really stupid for what he did. Just thinking outside the box...having said that, I say go after him.

zing28

Ya! = new bike too!

KeithA

I know someone in my neighborhood was arrested for extortion on a very similar type thing. Can't remember the particulars, but they were saying they wouldn't press or would drop charges in return for something or some cash. They were prosecuted instead.

Be careful.

Press criminal and civil charges and if they want to settle on the civil charges, so be it.

krazyderek

i'd be pressing charge's it's deliberate battery.. not like he accidenttaly had his hand out the window with a shoe while he happened to be driving by and the driver coincidentally drove close enough next to you for the passenger to hit you.

Judge Matthis would tear these guys up...

formulaben

I guess I wasn't clear, so here it is again: I am saying the PERP should have to buy a bike FOR HIMSELF...kind of like when someone beats someone they have to go to anger management; in this case he has to put himself in his victim's shoes. His punishment is to have to buy a bike. The good that might come out of it is he turns into a roadie, instead of hating bikers even more after a conventional punishment (although it is VERY MUCH deserved.)

TheKillerPenguin

and, the OP can do a drive by rump slapping

formulaben

LOL...that would be perfect!

Bontrager

The police are going to be in contact with me to see if I can identify him - unfortunately I didn't get a good look at the guy since my first instinct was that of self-preservation until I saw the shoe in front of me attached to this guys hand and then realized the best thing to do is to get his license plate #.

The ironic thing is that I can probably identify his footwear.. and I'm training to be a foot and ankle surgeon go figure!

I'll keep everyone updated as there is news. I do intend to take this to court. God forbid he does it again and the rider requires medical attention (nevermind that it's illegal).

lws

I got slapped on the ass once by some broad downtown, looked back over my shoulder and she was standing there in the street with this big ****-eating grin on her face. Not much you can do but laugh at that. Though I had to resent that she could get away with something like that when I'm sure I couldn't.

KeithA

My apologies. Oh, that would be fine justice and open his eyes, so long as he was also required to get out and use it, rather than just keep it stored in the garage. You should be a judge. That's a very sensible solution.

-phaedrus-

haha, yeah that owuld be killer. or he could be forced to have a sign on his car saying "i was taken to court for slapping a guy's arse"

sunninho

You could have gone down as a result of the battery, got run over by another vehicle, and he'd go down for murder. The kid needs to be taught a lesson and his parents will hopefully beat his ass good too.

As You Like It

Dude, there is absolutely no reason why you couldn't have gone back and told her calmly, but very seriously, why that was absolutely not cool for her to do. There's no reason why a woman should get away with manhandling a guy's rump. I, as a woman, would be six kinds of angry if some guy whacked me on the butt, and I don't see why a guy should put up with being whacked, either. It's simple consideration.

About a month ago, I was riding home, and had a car-full of teenagers pass me, and one kid leaned out and was making like he was going to grab my butt, and I cussed him out good and proper, and he pulled his stupid self back into the car. The way I see it, nobody's butt should be public property, mine least of all!

slagjumper

What about finding the oject that was thrown? It might have a fingerprint on it. It would be in the offending party's interest to also find the object. If nothing else but to make themselves more sure of being being found "not guilty". A picture of offender reclaiming the shoe would be funny, damning, but also unlikely.

There must have been at least 2 people. The driver's parents would be interested making sure that their kid did not get busted. In my city throwing something that causes property or personal harm becomes the crime of, "hurling a missle" or something stupid-funny like that.

koine2002

Alright, let's put an end to the puns here. Anyway, dude, you've got the complaint filed and they'll probably be getting a visit from the local authorities on an assault complaint. I'd say there's some strength in a battery charge as well.

slagjumper

Did you find the oject that was thrown? It might have a fingerprint on it. It would be in the offending party's interest to also find the object. If nothing else but to make themselves more sure of being being found "not guilty". A picture of offender reclaiming the shoe would be funny, damning, but also unlikely.

There must have been at least 2 people. The driver's parents would be interested making sure that their kid did not get busted. In my city throwing something that causes property or personal harm becomes the crime of, "hurling a missle" or something stupid-funny like that.