Originally Posted by
BarracksSi
So why the hell didn't he KEEP moving away?
He had the chance to leave, so why not? He was even already ahead of the guy as they started walking away from the corner.
Whatever stupid thing they were arguing about, the biker had the chance to bail. But no, he had to prove the size of his balls by swinging a steel weight at the guy's head.
I'm with the OP. The punk kid, not the old man, needs some jail time.
He was scared, the adrenaline was pumping.
Its hard to keep a cool head and consider your best/logical/legal options in such a panic.
Ever watch that Twilight Zone episode? Monsters Due on Maple Street? When it comes down to the line people are not themselves, how someone reacts in such a new situation doesn't necesearially reflect their normal character.
And in some states (CA), you do not have to retreat from danger, standing ground is legal. As well as pursuing the attacker if it may secure yourself from further danger. Perhaps the kid perceived that the man might kick him off the bike before he could pedal off and therefore needed to continue with the Ulock till the man was clearly in no position to try and pursue... (tho more likely the former case of neither one has the time to actually think things thru is what happened)
Originally Posted by
rowedave76
Now looking at the video, its hard to tell exactly who is throwing the first punch, or if the pedestrian was moving in to attack, but at about 20 seconds into the video you can see the bicycle guy move away, and then move back in to land a few more hits while the pedestrian is staggering around. At that point the guy starts to lose any legal base for defending himself. The same thing happens to police all the time, they get into it, and don't know when to stop and then everyone says excessive force.
Yep. But police are specifically trained to avoid losing control in these kinds of intense situations, they have experience and know how to evaluate what kind of force is deadly or not; a young cyclist most likely does not. I don't think he ought to be held to the same standard of liability as a cop.
It's because of this we have Mutual Combat laws...