Content deleted Content added
No edit summary |
→Legal action: reorganized section for ease of reader |
||
Line 46:
== Legal action ==
A total of 15 people were arrested, 55 motorcycles were confiscated, and 69 [[summons]]es were issued in connection with the September 29th event. Eleven bikers were convicted in connection with the attack.<ref name=Manhattan>{{cite news|title=9th Suspect Charged In Manhattan Motorcycle-SUV Melee|url=http://newyork.cbslocal.com/2013/10/23/9th-suspect-charged-in-manhattan-motorcycle-suv-melee/|newspaper=CBS New York|date=October 23, 2013}}</ref><ref name=stuntz>{{cite news|last=Tcholakian|first=Danielle|title=Biker gang assault: Who’s the man behind Hollywood Stuntz? |url=http://www.metro.us/newyork/news/2013/10/02/update-on-the-bike-gang-assault-the-man-behind-hollywood-stuntz/|newspaper=Metro|date=October 2, 2013}}</ref><ref name="Sentencing">{{cite news|title=2 bikers in terrifying chase of SUV take plea deals, avoid jail|url=http://nypost.com/2015/01/07/2-bikers-in-terrifying-chase-of-suv-take-plea-deals-avoid-jail/|date=January 7, 2015}}</ref><ref name=charges>{{cite news|last=Rosenberg|first=Rebecca|title=Charges set to be reduced against SUV biker bash thugs|url=http://nypost.com/2013/12/20/charges-set-to-be-reduced-against-suv-biker-bash-thugs/|newspaper=New York Post|date=December 20, 2013}}</ref>
Police have stated that they do not plan to file charges against Alexian Lien. In December 2013, Lien filed a [[civil suit]] against the city of New York for the involvement of an off-duty police detective in the attack. The suit accused the police department of failing to properly train their officers.<ref name=lawsuitlien>{{cite news|title=Alexian Lien, Man Attacked By Motorcyclists, Files Legal Claim Against New York City|url=http://www.huffingtonpost.com/2014/01/18/alexian-lien-motorcycle-attacked-new-york-city_n_4623304.html|newspaper=Huffington Post|date=2014-01-18}}</ref>▼
Christopher Cruz, who collided with Lien's vehicle at the beginning of the incident, was arraigned in Manhattan on charges of reckless driving and [[False imprisonment|criminal imprisonment]].<ref name="nbc"/> Motorcyclist Reggie Chance, who was identified as the one who broke Lien's window with his helmet, and Robert Sims of [[Brooklyn]], who is shown on the video attempting to open the SUV's driver's door, turned themselves in separately to Manhattan's 33rd Precinct on October 4.<ref name="dailynews1">{{cite web|url=http://www.nydailynews.com/new-york/celebrity-lawyer-gloria-allred-represents-biker-injured-suv-driver-attacked-upper-manhattan-article-1.1476093 |title=Motorcyclist charged with gang assault; Off-duty and undercover cops did nothing to stop biker beatdown of dad |first=Rocco |last=Parascandola |first2=Joe |last2=Kemp |first3=Larry |last3=Mcshane |work=[[Daily News (New York)|Daily News]] |date=October 4, 2013 |accessdate=October 14, 2013}}</ref> Sims is also alleged to have attempted to pull Lien's wife, Rosalyn, out of the vehicle.<ref>{{Cite web|title = Wife of dad beaten by bikers cries as she details harrowing ordeal|url = http://nypost.com/2015/05/19/wife-of-dad-beaten-by-bikers-cries-as-she-details-harrowing-ordeal/|website = New York Post|date = 2015-05-20|accessdate = 2015-05-20|first = Rebecca|last = Rosenberg}}</ref> Off-duty undercover officer Wojciech Braszczok was initially charged with assault, gang assault, riot and criminal mischief. Braszczok is not believed to have physically assaulted Lien, but was charged with assault because he was part of the larger group involved in the attack. He was allegedly captured on video wearing a black vest that said "Front Line Soldiers" on the back, punching and kicking the SUV<ref name=Gringas>{{cite news|last1=Gringas|first1=Brynn|last2=Prokupecz|first2=Shimon|title=Charges Upgraded to Gang Assault for Undercover NYPD Cop in Biker Beating|url=http://www.nbcnewyork.com/news/local/Undercover-NYPD-Detective-Cop-Biker-SUV-Assault-Charges--227094441.html|agency=NBC New York|date=October 10, 2013}}</ref> Braszczok, whose police work led him to pose undercover as a protestor to infiltrate the Occupy Wall Street movement, asserted that he never harmed Lien and was hitting the vehicle to maintain his cover. Prosecutors argue that “Braszczok completely abdicated his responsibility as a police officer by first and foremost failing to take any action.”<ref name="testimony">{{Cite news|url = http://nypost.com/2015/05/18/dad-beaten-by-biker-gang-details-brutal-attack-in-testimony/|title = Dad publicly details biker gang beating for first time|last = Rosenberg|first = Rebecca|date = May 18, 2015|work = |access-date = |via = }}</ref> He testified that he was unable to help Lien because, without his badge and gun, he was helpless to stop the melee.<ref name=":0">{{Cite web|title = Undercover cop in biker-gang beating rattled on the stand|url = http://nypost.com/2015/06/04/undercover-cop-in-biker-gang-beating-rattled-on-the-stand/|website = New York Post|date = June 5, 2015|accessdate = |first = Rebecca|last = Rosenberg}}</ref><ref name=":1">{{Cite news|url = http://www.dailymail.co.uk/news/article-3086484/Trial-begins-undercover-NYPD-detective-biker-melee.html|title = 'I feared for my life': Father weeps as he relives 'horrifying' moment biker gang attacked him, his wife and child in road rage clash as undercover COP who took part in melee is pictured for the first time|last = Associated Press|first = |date = 18 May 2015|work = Daily Mail UK|access-date = |via = }}</ref> “I didn’t think they would have believed me that I was a cop,” he said. “I wish I could have done more to help the driver.”<ref>{{Cite news|title = Detective Charged in Biker Attack Says He Fled Because He Was Scared|url = http://www.nytimes.com/2015/06/03/nyregion/detective-charged-in-biker-attack-says-he-fled-because-he-was-scared.html|newspaper = The New York Times|date = 2015-06-02|access-date = 2015-06-03|issn = 0362-4331|first = James C. Mckinley|last = Jr}}</ref> Brazczok said he followed Lien to detain him after hitting Mieses, but was unable to do so for safety reasons.<ref name=":0" /><ref name=":1">{{Cite news|url = http://www.dailymail.co.uk/news/article-3086484/Trial-begins-undercover-NYPD-detective-biker-melee.html|title = 'I feared for my life': Father weeps as he relives 'horrifying' moment biker gang attacked him, his wife and child in road rage clash as undercover COP who took part in melee is pictured for the first time|last = Associated Press|first = |date = 18 May 2015|work = Daily Mail UK|access-date = |via = }}</ref> He also said he failed to report seeing the assault to his supervisors because he feared losing his job<ref name=":1">{{Cite news|url = http://www.dailymail.co.uk/news/article-3086484/Trial-begins-undercover-NYPD-detective-biker-melee.html|title = 'I feared for my life': Father weeps as he relives 'horrifying' moment biker gang attacked him, his wife and child in road rage clash as undercover COP who took part in melee is pictured for the first time|last = Associated Press|first = |date = 18 May 2015|work = Daily Mail UK|access-date = |via = }}</ref>▼
===Christopher Cruz===
Christopher Cruz, who collided with Lien's vehicle at the beginning of the incident, was arraigned in Manhattan on charges of reckless driving and [[False imprisonment|criminal imprisonment]].<ref name="nbc"/> Cruz pleaded guilty to second-degree assault and riot and was sentenced to four months in jail and five years probation.<ref name="Attack by motorcyclists"/>
===Reginald Chance===
▲Police have stated that they do not plan to file charges against Alexian Lien. In December 2013, Lien filed a [[civil suit]] against the city of New York for the involvement of an off-duty police detective in the attack. The suit accused the police department of failing to properly train their officers.<ref name=lawsuitlien>{{cite news|title=Alexian Lien, Man Attacked By Motorcyclists, Files Legal Claim Against New York City|url=http://www.huffingtonpost.com/2014/01/18/alexian-lien-motorcycle-attacked-new-york-city_n_4623304.html|newspaper=Huffington Post|date=2014-01-18}}</ref>
Motorcyclist Reggie Chance, who was identified as the one who broke Lien's window with his helmet, turned himself in to Manhattan's 33rd Precinct on October 4.<ref name="dailynews1">{{cite web|url=http://www.nydailynews.com/new-york/celebrity-lawyer-gloria-allred-represents-biker-injured-suv-driver-attacked-upper-manhattan-article-1.1476093 |title=Motorcyclist charged with gang assault; Off-duty and undercover cops did nothing to stop biker beatdown of dad |first=Rocco |last=Parascandola |first2=Joe |last2=Kemp |first3=Larry |last3=Mcshane |work=[[Daily News (New York)|Daily News]] |date=October 4, 2013 |accessdate=October 14, 2013}}</ref> Chance pleaded guilty to felony assault and criminal mischief in exchange for two years in prison and three years post-release supervision.<ref>{{Cite news|url = http://7online.com/news/more-plea-deals-in-west-side-highway-biker-road-rage-case/573022/|title = MORE PLEA DEALS IN WEST SIDE HIGHWAY BIKER ROAD RAGE CASE|last = |first = |date = March 25, 2015|work = ABC 7|access-date = }}</ref><ref>{{Cite news|url = http://nypost.com/2015/03/25/biker-to-get-2-years-in-prison-for-role-in-gang-beating/|title = Biker takes plea deal, to get 2 years in prison for role in gang beating|last = Antenucci|first = Antonio|date = March 25, 2015|work = New York Post|access-date = }}</ref>
===Robert Sims===
Robert Sims of [[Brooklyn]], who is shown on the video attempting to open the SUV's driver's door, turned himself in to Manhattan's 33rd Precinct on October 4.<ref name="dailynews1">{{cite web|url=http://www.nydailynews.com/new-york/celebrity-lawyer-gloria-allred-represents-biker-injured-suv-driver-attacked-upper-manhattan-article-1.1476093 |title=Motorcyclist charged with gang assault; Off-duty and undercover cops did nothing to stop biker beatdown of dad |first=Rocco |last=Parascandola |first2=Joe |last2=Kemp |first3=Larry |last3=Mcshane |work=[[Daily News (New York)|Daily News]] |date=October 4, 2013 |accessdate=October 14, 2013}}</ref> Sims is also alleged to have attempted to pull Lien's wife, Rosalyn, out of the vehicle.<ref>{{Cite web|title = Wife of dad beaten by bikers cries as she details harrowing ordeal|url = http://nypost.com/2015/05/19/wife-of-dad-beaten-by-bikers-cries-as-she-details-harrowing-ordeal/|website = New York Post|date = 2015-05-20|accessdate = 2015-05-20|first = Rebecca|last = Rosenberg}}</ref> Robert Sims and Wojciech Braszczok were tried together, opting to have a judge decide the verdict instead of a jury.<ref name="Attack by motorcyclists"/>
On June 9, Sims was convicted of attempted gang assault, second-degree assault, coercion, riot and criminal possession of a weapon. He is free on bail pending sentencing in August. He was acquitted of the top charge of first-degree gang assault.<ref>{{Cite news|title = 2 Motorcyclists Found Guilty in 2013 Attack on Driver but Acquitted of Top Charge|url = http://www.nytimes.com/2015/06/10/nyregion/2-found-guilty-in-assault-by-motorcyclists.html|newspaper = The New York Times|date = 2015-06-09|access-date = 2015-06-10|issn = 0362-4331|first = James C. Mckinley|last = Jr}}</ref>
===Wojciech Braszczok===
▲
On June 9, 2015 Braszczok was convicted of second-degree assault, coercion, riot and criminal mischief. He is free on bail pending sentencing in August. He was acquitted of the top charge of first-degree gang assault.<ref>{{Cite news|title = 2 Motorcyclists Found Guilty in 2013 Attack on Driver but Acquitted of Top Charge|url = http://www.nytimes.com/2015/06/10/nyregion/2-found-guilty-in-assault-by-motorcyclists.html|newspaper = The New York Times|date = 2015-06-09|access-date = 2015-06-10|issn = 0362-4331|first = James C. Mckinley|last = Jr}}</ref>
===Other defendants===
Several defendants have accepted plea deals. Allen Edwards and Edwin Rodriguez were each sentenced to five years probation on charges of second-degree assault and first-degree rioting.<ref name="Sentencing"/> Craig Wright, Jason Brown, Kalik Douglas, Clint Caldwell, and James Kuehne also pleaded guilty to the same charges.<ref>{{Cite news|url = http://7online.com/news/more-plea-deals-in-west-side-highway-biker-road-rage-case/573022/|title = MORE PLEA DEALS IN WEST SIDE HIGHWAY BIKER ROAD RAGE CASE|last = |first = |date = March 25, 2015|work = ABC 7|access-date = }}</ref><ref>{{Cite news|url = http://nypost.com/2015/03/25/biker-to-get-2-years-in-prison-for-role-in-gang-beating/|title = Biker takes plea deal, to get 2 years in prison for role in gang beating|last = Antenucci|first = Antonio|date = March 25, 2015|work = New York Post|access-date = }}</ref>
===Legislation===
Lawmakers are attempting to introduce motorcycle safety [[legislation]] that would require a permit for gatherings of 50 or more motorcycles, and notification to the communities through which they would be riding. “We’re not splicing atoms here. This is something that’s very not uncommon. You know, permits are required for all kinds of public assembly and activities, and there should be a similar process for motorcycles," said state senator [[Adriano Espaillat]]. The legislation was inspired by the September 29 incident as well as the death of Marian Kurshik, 78, in December 2013 after being struck by a motorcycle traveling in a pack and performing stunts. The driver of the motorcycle was also killed in the accident. "His feet was [sic] on the seat; the front wheel pulled up. He was going very fast," said a bystander. "This not only, I think, protects pedestrians. I think it also protects the motorcyclists themselves," said Espaillat.<ref name=Melee>{{cite news|title=State Bill Seeks To Prevent Another Biker Melee|url=http://newyork.cbslocal.com/2013/12/23/state-bill-seeks-to-prevent-another-biker-melee/|newspaper=CBS New York|date=December 23, 2013}}</ref>
| |||