Originally Posted by
FBinNY
There's probably not a provable assault case here. That would take proving intent. As he said, he expected he to move (and I believe him) so it's a simple "accident" (let's not start a sematics war on that). Stupidity isn't criminal, neither is being a hatchethole.
The remedy is through civil court and I'm all for her stinging him hard there.
I'm not so sure about that, and I dont think i'm arguing semantics either. Witnesses say the left sode of the trail was completely open. That means he was riding in a direct path towards them the entire time, and never, ever moved to avoid collision. No person could ever expect a person to get out of the way faster than one could steer a bike to a different path. Coupled with the fact he's had 25 broken bones from cycling - yea I believe strongly he dod it on purpose, and probably makes a habit of it.
There's witnesses too. Whether that's enough to convict of something criminal...I have no idea.