Prosecutors have a wide leeway. They seldom charge both parties as that weakens both prosecutorial cases. They pick one and run with it.
Kicking a car is hardly assault with a deadly weapon. The swerve was as was the downstream carnage the out-of-control car caused by the cager's actions, independent of provocation.
Reckless driving for the biker? You bet. Leaving the scene? Never a good idea.
An example of misplaced prosecution locally in which I was a friend of the person charged - Loading dock dispute. Driver of semi blocks in a box truck at the dock, claiming the box truck skipped line. The driver, small, and a 240lb "man" get out of the cab, go into the store looking for the driver of the box truck (my friend, nearly 70 years old,walks with a cane). 10 minutes pass, and they find my friend in his truck doing paperwork, waiting to be let out.
Semi driver confronts my friend while friend is in the box truck. Words. The semi driver was in the box truck on top of my friend, who was literally fearing for his life with this madman. My friend reached in the truck finding the steering wheel lock and bashes the guy in the head three times. The 240lb "man" also tried to throw punches, but was ineffective.
By time they had each-other's wrists, the cops show up. Orders the guy on top three times to get out, and my friend to stay put. Semi driver covered in blood (scalp wound). First on scene was going to do nothing, but another officer pulled out the cuffs.
My friend was arrested on felony assault - because the fight escalated to him using a "weapon".
My friend filed a cross complaint - which the prosecutor would not talk to him to guard his rights". Those complaints were dismissed. However, though refusing to talk to my friend to "protect his rights" did not hesitate to use the narrative needed for the cross complaint against him.
First court date was a bench trial, finds the box truck did arrive two minutes before the semi - who had pulled about 150' into the parking lot. The court also discovers the 240lb "man" was the driver's 16 year old son, who contradicted his dad's testimony, btw. My friend found guilty.
Appeal was with a jury. Prosecutor offered "spoiling for a fight", a misdemeanor with time served. Nope. Claiming self defense, the burden of proof shifted to my friend. The semi driver claimed my friend (who walks with a cane) came out with a weapon (not the cane) and threatened him. Semi driver testified they both "fell into the truck cab". A box truck is at least one large step up. The cop who made the arrest testified that the fight took place not in the box truck, but the cab of the semi. Blood (photo) evidence already submitted into evidence was enough to impeach her credibility, My friend acquitted, finding that level of self defense was appropriate. Two years of pain. Court mandated "anger management", pre-trial weekly check in with the county authorities, and of course the week in jail. Mandatory psychiatric evaluation, too. Not to mention (and not to be taken lightly, PTSD) Fighting for ones life, jail, and never-ending court is serious stuff.
Anyone ever charged with starting the fight by parking-in my friends truck? With cutting off my friend's only avenue of escape (70' brick wall one side, 45' dropped trailer on driver's side) By jumping out of the cab to argue 10 minutes later? Anyone ever charged for getting in the truck and throwing the first punch? Nope. Only thing that happened to the semi driver was a couple scalp wounds that did not need stitches, and maybe a headache, and being quite shaken up. I'm sure his son was deeply affected, too.
I believe the biker is on the road to similar justice. Then the civil case that will also include suits brought by the pickup owner, as well as the grey car, and anyone else that may have been involved that we did not see or was reported. Even though neither driver may see jail or fines, their lives have changed forever. My life has changed, just holding my friend's hand through everything he went though, including the anger management course, all the court system appearances, and meetings with four separate lawyers. The Cali pugilist's daily routines and their dreams will be put on hold for YEARS. They both will probably end up broke due to the legal proceedings. Pity the fools.
And then there are the innocents.
Moral to both stories: You cannot always avoid or change the initial problem. It may anger you, but you can choose how you react, always. Keep your mouth shut, and feet and hands to yourself. In both cases above, multiple parties CHOSE to react with some gratuitous and inappropriate actions, be it words, parking, swerving, or kicking.
Easier said than done. Put some TIME and some THOUGHT in before you react.
Options?
Cali M/C Video:
- The motorcyclist could have pulled over after initial contact (that we did not see) and called CHP.
- The motorcyclist could have let it all go after first contact.
My example: The initial mistake my friend made was over and done before any damage was done. However...
- The driver did not have to park my friend' truck in.
- The driver did not have to give my friend a piece of his mind
- My friend could have not said anything.
- My friend could have locked the door and rolled the window up.
- My friend could have called the cop shop - or just wait till the driver let him out.
Response to anger: Treat like defensive driving. Take the time to THINK.
