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wow... redneck tries to kill biker..


Dubguy85

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I'm not typically your tuff-guy poster, but getting out of his truck and walking towards me with a weapon in his hand would have been a life-changer for both of us.

This quote got me thinking...and no way am I assuming you'd do what I'm about to say, I'm merely using your comment as an example...

What if this happened, what if you had a CCL, what if your video tape was on that showed him coming towards you with a pipe, and what if you shot and killed him?

Where does the law stand on that?

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This quote got me thinking...and no way am I assuming you'd do what I'm about to say, I'm merely using your comment as an example...

What if this happened, what if you had a CCL, what if your video tape was on that showed him coming towards you with a pipe, and what if you shot and killed him?

Where does the law stand on that?

I'm not sure where the law stands at all. For myself I think once he brought out the pipe I would NOT immediately draw but make it known I am carrying and WILL defend myself if he continues to be the aggressor.

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In a defensive shooting, these 5 things are important...

1) Does the attacker have the means to use deadly force?

2) Does the attacker have the apparent motive to use dealy force?

3) Does the attacker have the opportunity to deploy his weapon?

4) Are you in a place where you have a duty to flee from. Could you have fled without exposing yourself to additional danger?

5) Did you create or escalate the confrontation?

This is a tough one. Obviosuly the pickup drive had the means and opportunity to use deald force (tire iron?) but the motive is nto as clear. Yes, he's angry, but is he just holding the tire iron or brandishing it as if he is going to use it as a weapon.

I think the lead bike did a good job of trying to flee. And the trailing bike has every right to defend the lead bike.

The traffic infraction does not count as creating or escalating a violent conflict.

From my perspective it would depend on how the weapons came into play. If that tire iron was brandished as a weapon then the biker would have a strong case for self defense. If the biker pulled out the gun before the tire iron was brandished as a weapon then it would be very much up to the local jury on if the biker was the agressor in the violent conflict.

I'm sure the prosecutor would try to seperate the driving and the face-to-face conflict.

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I was thoughtful about my initial wording for Just that reason. Drawing a weapon and using it/not using it would have legal consequences and it is unclear to me where the law would stand. I'm not going to be hit with a tire iron from someone approaching me from the front....ever.

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you are color blind as fuck. i parked my truck 20ft from you and you couldnt tell what color it is?

not to mention its not an f150 like in that video

hey everybody: look at my new red f150!

46582_1202796036556_1428241207_30814319_40072_n.jpg

chill twas a joke

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If the guy was trying to use a tire iron i doubt he would succeed. All you have to do is block it once and take it :p Id be more worried about a bat, i feel like he would have alot less leverage with a tire iron.

+The rider had full gear on i think...

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If the guy was trying to use a tire iron i doubt he would succeed. All you have to do is block it once and take it :p Id be more worried about a bat, i feel like he would have alot less leverage with a tire iron.

+The rider had full gear on i think...

I'm not taking my chances on trying a block of a weapon like that. And I do Karate (not very well in full gear, though). You get it wrong and you lose instantly. I'm staying out of his range.

If it was me I'd meet up with the buddy and be gone. Lead bike could have been over the hills and far away but wanted to stay within range of trailing bike.

Nothing good will come from a confrontation. E-thuggery is amusing and all, but one good hit from that and you could be incapacitated. If you are CHL and you win the fight then you spend months justifying it to police, lawyers the prosecutor and the judge.

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If the guy was trying to use a tire iron i doubt he would succeed. All you have to do is block it once and take it.

L

O

L

If a crazy pissed off hillbilly came at you with a tire iron, Im betting you can't take it.

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cant press charges cause the rider passedon double yellow. But you could have beat the rednecks ass. Full leathers and a helmet can take 1 hit from a tire iron then beat his ass with it. Steal his quad and pawn it for the court bills.

that's attempted murder with a deadly weapon that the truck driver did

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cant press charges cause the rider passedon double yellow. But you could have beat the rednecks ass. Full leathers and a helmet can take 1 hit from a tire iron then beat his ass with it. Steal his quad and pawn it for the court bills.

Tsk tsk tsk.

What are leathers going to do to stop that tire iron breaking your arm?

That helmet won't help you when he swings for your neck instead. And breaks your arm when you try to block it.

"Can't press charges"? Passing on the double yellow is irrelevant to the actions of the truck driver, unless the truck drive went left-of-center for a legal turn (which he didn't). He can be charged regardless of road markings. But the charging decision is made by the prosecutor, not the biker. "pressing charges" for a citizen just means; "Are you going to co-operate with the prosecutor?"

You've got some growing up to do.

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that's attempted murder with a deadly weapon that the truck driver did

Dunno if they can prove an intent to kill, versus an intent to injure, or scare.

Best I can see there is a felonious assault / assault with a deadly weapon. Even that is a stretch and relies on negligence or recklessness as mens rea. The trucker could claim he "was trying to block the bike from passing but the bike accelerated too quickly and by the time he moved over the bike was already beside him, so he stopped moving left."

Unless the jury is made up of bikers, attempted murder is going to be basically impossible.

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  • 3 weeks later...

Good to hear.

Now, is he charged with First Degree Wanton Endangerment (showing indifference to the value of human life) which is a Felony, or Second Degree (creating a substantial risk of physical harm) which is a 1st degree misdemeanor?

Even if they charge him with the 1st degree he'll plead it to 2nd degree. Punk assed hillbilly better get jail time.

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Remember the rate of closing with a "deadly weapon", whatever that is. I know we've discussed it a ton of times on here, but either way, from the video he was definitely close to the 12 or 10 feet or whatever.

Glad he did the right thing and turned himself in. What he did was incredibly stupid and deadly, both before he got out of the truck and after.

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He was indited by a Bracken County Kentucky grand jury:

http://www.maysville-online.com/news/local/article_8e4b7e4a-9860-11e0-b7bd-001cc4c03286.html

Hudson was indicted for first-degree wanton endangerment, for swerving into the path of a motorcycle driven by Keith Lytle as Lytle passed him, nearly forcing Lytle off Kentucky 22.

Hudson was indicted for wanton endangerment for nearly striking an oncoming vehicle by driving into the oncoming lane of traffic; for menacing for exiting his vehicle with a tire iron and confronting Lytle and Stratos Kambeles; and one count of reckless driving...

...In Kentucky, the wanton endangerment charges carry a possible five-year sentence each, menacing is a misdemeanor and reckless driving is a traffic violation.

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Grand Jury = Felony.

Good find - the article explains all his charges and why.

I agree with the grand jury and prosecutor that the driver's actions showed "indifference to the value of human life". That could so easily have caused a fatal accident.

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