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'Bicyclist hospitalized after road rage incident near Santa Fe'

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'Bicyclist hospitalized after road rage incident near Santa Fe'

Old 03-06-18, 11:06 AM
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Arthur Peabody
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'Bicyclist hospitalized after road rage incident near Santa Fe'

'the injured bicyclist told the deputy he was part of group of
bikers heading south on N.M. 41 near U.S. 285 when
the car driver sped past the bicyclists while honking his horn
and that once the car passed, it stopped in the middle of the
road and went into reverse. The rider said he was unable to
avoid hitting the back of the car.'
https://www.abqjournal.com/1141867/b...-santa-fe.html
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Old 03-06-18, 02:28 PM
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rumrunn6
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weird they didn't identify the driver
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Old 03-06-18, 02:35 PM
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If there are charges pending and the investigation is ongoing ... not too weird. Also, the driver might not have seen a lawyer .... and the police might not want to set that up until the prosecutor decides if further charges are warranted.

This one will be interesting because the driver admits to putting the car in reverse and backing into the cyclists. Possibly the DA is weighing whether the guy was Mirandized and whether the people who might have witnessed that statement can stand up in court. DAs like to win cases ... the bigger the better, but they won't go big and risk losing.
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Old 03-07-18, 09:03 AM
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'Suspect cited in road rage incident that left 3 cyclists injured'
'Juan Rios, spokesman for the sheriff's office, confirmed Tuesday that Jacob Brown, 39, of Moriarty, who admitted he stopped and backed his car toward a group of riders from Santa Fe Seniors on Bikes (SOBs) on N.M 41 near Galisteo on Thursday, was cited for stopping in the roadway.'
https://www.abqjournal.com/1142330/r...open-case.html
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Old 03-07-18, 09:58 AM
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Ill be surprised if he more than a slap on the wrist. Stopping in the roadway? How about vehicular assault.
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Old 03-09-18, 04:47 PM
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Originally Posted by venturi95 View Post
Ill be surprised if he more than a slap on the wrist. Stopping in the roadway? How about vehicular assault.
I agree! If you purposely run your car into a group of people, that's vehicular assault, regardless of backwards or forwards. Backing into them adds aggravated intent. Just my opinion.
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Old 03-09-18, 05:00 PM
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Since the driver admitted backing down the road his goose is cooked. The injured rider if he gets a good lawyer should come out ok. Even if he has to take it to civil court.
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Old 03-09-18, 06:15 PM
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Road rage is becoming an incredibly scary monster who feeds incessantly on our modern culture of animosity.
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Old 03-09-18, 08:37 PM
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Originally Posted by rumrunn6 View Post
weird they didn't identify the driver
Odds are it's exactly what they said; "The Journal is not publishing the car driver’s name pending a record of a charge in court.the driver was identified by the police", and the paper is holding that back until a charge is docketed. This protects them form a possible lawsuit if they have the pacts wrong.

IMO, good standard practice for responsible press.

BTW - if the driver's statement to the police was reported accurately, he's open to a variety of charges, running up to assault with a deadly weapon. His statement that he backed but stopped short of a collision is comparable to someone saying they pointed the gun but it went off accidentally.

It could be that the prosecutor is holding off a bit while he decides what charge he can sustain, or maybe he plans to let a grand jury decide that.
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Last edited by FBinNY; 03-09-18 at 08:50 PM.
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Old 03-11-18, 08:46 PM
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Was it caught on camera?
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Old 03-11-18, 10:49 PM
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Originally Posted by Maelochs View Post

This one will be interesting because the driver admits to putting the car in reverse and backing into the cyclists. Possibly the DA is weighing whether the guy was Mirandized and whether the people who might have witnessed that statement can stand up in court.......
Miranda doesn't apply here. This was a voluntary statement during the preliminary investigation, and there was no arrest which would mandate Miranda.

I'm curious how this plays out, and hope that a local can followup on the story if/when charges are filed. I'm also curious whether New Mexico has a specific "rage rage" law which might apply here.
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