You be the judge: Assault with a deadly weapon?

steveinaz

Trying to insert logic where none exists, will just confuse you.

True story:
My dad was rear-ended on the highway by a guy ENTERING the highway from a ramp. My dad WAS FOUND AT FAULT. Law says, he has the right of way, he's already ON the highway; cop says, sorry, this was your fault for not moving over.

I kid you not. This happened in STL. I can't believe his insurance company didn't fight that one.

JimKellyfan

The laws state that you must be in control of your vehicle and therefore if you put the front of your vehicle into the one in front of you, then you are not in control of your vehicle, therefore the rear-ender is at fault.
following to closely, driving too fast for road conditions
karma should win this one out

Personally, I don't think the cop could get it up before the incident:eek:

m1aman

steveinaz wrote: »

Trying to insert logic where none exists, will just confuse you.

True story:
My dad was rear-ended on the highway by a guy ENTERING the highway from a ramp. My dad WAS FOUND AT FAULT. Law says, he has the right of way, he's already ON the highway; cop says, sorry, this was your fault for not moving over.

I kid you not. This happened in STL. I can't believe his insurance company didn't fight that one.

I don't know what highway your dad was on..... but on interstates you are obligated to move over to let the merging car get on the highway. Assuming there is room to do so without interfering with other traffic. This is a law.

m1aman

JimKellyfan wrote: »

The laws state that you must be in control of your vehicle and therefore if you put the front of your vehicle into the one in front of you, then you are not in control of your vehicle, therefore the rear-ender is at fault.
following to closely, driving too fast for road conditions
karma should win this one out

Personally, I don't think the cop could get it up before the incident:eek:

I served on a jury in TN where a woman rear ended a car and was found innocent. The law states, paraphrasing, if the lead vehicle stops in an abrupt manner, ie slams on brakes, the following vehicle is not responsible for the impact. That was the law as stated to us by the judge. Not something we reached on our own as a jury. Based on that we found the driver of the following vehicle not guilty.

mrbigbluelight

"After that, Redondo Beach Detective Mike Strosnider invited Hitchcock to a let's-be-friends lunch at Subway on the pretext that the investigation was over. It wasn't. Strosnider secretly recorded the lunch in hopes of capturing incriminating comments, but came up empty, according to his own report.
Undeterred, Strosnider asked Los Angeles County District Attorney Steve Cooley's office to pursue a felony charge of assault with a deadly weapon. Cooley declined. "We found insufficient evidence that Mr. Hitchcock intentionally stopped short," Jane Robison of the DA's office tells the Weekly. So Strosnider asked Redondo city prosecutor Brenda Wells to pursue a misdemeanor criminal assault charge against the baffled and outraged Hitchcock. Wells agreed.


Bobman has it right: abuse of power.

Looks like Officer Cheesehead tried to get a big fish, LA County DA's office, to pursue a felony charge. They decline.
So Cheesehead goes to a littler fish, Redondo City Prosecuter's Office, where he can throw some weight around.
Looks like it worked.

While this case works this way through the courts, Redondo Beach should take Strosnider off the bike and have him work a foot patrol where there are plenty of biker bars. Let him have a first-hand opportunity to observe what a real "rear-end accident" is.

megasat16

I think the cop jumped into someone else convertible and put the legs and waist up in the air is an invite for the assault and the dude rightfully give it to him (the radio?).