Location: Milton, poker capital of the world.. after Wloo that is.
Posts: 4,276
My gut feel here is that he panicked when the guy jumped off his bike and attacked him, especially with his wife in the car... What honestly do you think any of us would have done? Who knows if the crazy could have had a weapon?
My gut feel here is that he panicked when the guy jumped off his bike and attacked him, especially with his wife in the car... What honestly do you think any of us would have done? Who knows if the crazy could have had a weapon?
Could it be that he hit the cyclist and then tried to leave the scene.....and the cyclist wasn't letting him go? You don't get charged with a crime for self defence. If the guy told the cops he was being attacked....he wouldn't be facing time.
From Canoe.ca:
"Surveillance video obtained by CITY-TV shows a man on the bike being knocked over, throwing the bike down and heading toward the driver's side of the car. The car takes off and within seconds, the victim was dragged into a series of collisions with trees and a mail box. "
It says he went to a hotel and phoned the police. I'm not saying the cyclist is an angel....but he certainly didn't deserve to be dragged to his death (mounting a curb on the wrong side of the road using trees and finally a fire hydrant to dislodge him).
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Location: Milton, poker capital of the world.. after Wloo that is.
Posts: 4,276
Quote:
Originally Posted by 800OVER
Could it be that he hit the cyclist and then tried to leave the scene.....and the cyclist wasn't letting him go? You don't get charged with a crime for self defence. If the guy told the cops he was being attacked....he wouldn't be facing time.
I know you love playing the devils advocate role, but you can't seriously believe that innocent ppl don't get charged... Happens every day. Man could I enlighten you on that one...
And self defence may be his eventual claim, however that would not preclude a charge if the police thought there was any basis to lay one. I don't think they would be doing their job if they hadn't. Some of the complaints I have seen have suggested it should be first degree murder, if that isn't complete hogwash then I don't know what is... Bryant likely planned to murder the 1st cyclist he saw that night.
I am not blindly taking Bryants side either, it appears that both had some elements of responsibility here... However by taking the offensive it appears the cyclist certainly hastened his own demise... If Bryant got out of his car when the cyclist reached in, who would have been killed?
Could it be that he hit the cyclist and then tried to leave the scene.....and the cyclist wasn't letting him go? You don't get charged with a crime for self defence. If the guy told the cops he was being attacked....he wouldn't be facing time.
From Canoe.ca:
"Surveillance video obtained by CITY-TV shows a man on the bike being knocked over, throwing the bike down and heading toward the driver's side of the car. The car takes off and within seconds, the victim was dragged into a series of collisions with trees and a mail box. "
It says he went to a hotel and phoned the police. I'm not saying the cyclist is an angel....but he certainly didn't deserve to be dragged to his death (mounting a curb on the wrong side of the road using trees and finally a fire hydrant to dislodge him).
Also, don't discount the possibility that the incident could have started with Bryant intentionally bumping the cyclist from behind as an insanely stupid & sociopathic way of "sending a message" that the cyclist should get out of his way.
I've heard/read a combination of witness statements and speculation (based on the post-accident scene) that suggest road construction had forced Darcy Sheppard to occupy the full lane at the time of the initial contact. Not only is it completely legal for a cyclist to occupy an entire lane at any time, it is actually required by law if the cyclist can not safely travel in a straight line down the right side of the lane (due to potholes/parked vehicles/whatever).
As a cyclist myself, I've seen plenty of moronic acts of aggression from drivers. I don't think it's impossible that a guy like Bryant would have a screwed up enough ego + sense of entitlement + machismo (see: female in car with him) to intentionally bump a guy and then try to leave the scene of the accident.
I'm not claiming these to be the facts, of course. Just a theory. I'm still waiting to see the video footage like everyone else. Hopefully it will give a clear answer as to exactly what happened.
Last edited by LanterneRouge; 09-02-2009 at 09:02 PM.
Reason: typo
It would be very difficult to claim self defense for a man in a car. Even if you don't have any legal training this would be hard to believe, unless there is evidence that the cyclist had a weapon. The idea that he "might" have had a weapon is like me walking down the street and believing you "might" have a weapon and therefore justifies any actions I take towards you in the "defense" of myself.
I think people should try riding their bikes downtown before weighing in on this controversy. TPS dropped the ball last year when they failed to charge that woman with opening her car door and pushing a cyclist into traffic as he passed by last year. Hopefully this will open some people's eyes.
If you attack me, I am legally justifed in defending myself with that force necessary to stop the attack, and no more.
If you are approaching me with clenched fists while I am sitting in my car, I am justifed in rolling up my windows and locking my doors. If you proceed to pound on my vehicle, am I justified in defending myself (and my passengers) by fleeing the altercation? Maybe, maybe not . . .
That is what trials are for. Myself, I can see a decent lawyer making the case for Bryant feeling justified in fleeing the altercation. I can also see the Crown in this case making the opposite argument equally convincingly.
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Could it be that he hit the cyclist and then tried to leave the scene.....and the cyclist wasn't letting him go? You don't get charged with a crime for self defence. If the guy told the cops he was being attacked....he wouldn't be facing time.
From Canoe.ca:
"Surveillance video obtained by CITY-TV shows a man on the bike being knocked over, throwing the bike down and heading toward the driver's side of the car. The car takes off and within seconds, the victim was dragged into a series of collisions with trees and a mail box. "
It says he went to a hotel and phoned the police. I'm not saying the cyclist is an angel....but he certainly didn't deserve to be dragged to his death (mounting a curb on the wrong side of the road using trees and finally a fire hydrant to dislodge him).
Have you driven in Downtown Toronto lately with bike couriers of late?
my personal fellings are that they do not represent any sence of fair rules of the road. They want their cake and to eat it too. Flexing road rules to suit their needs. How many times have you tried to make a right turn on a green light and some bike courier has snuck up 6 cars on a red light and called you the asshole when he/she was trying to ride (not dismount and walk) through an intersection and you wanted to turn right? Rules need to be placed clearly on both sides, so everyone knows where they stand. Not trying to start a fight here, just my opinion.
could you please point me towards the video footage of the events taking place prior to the small segment shown on city-tv. please. I think the agruement is concerning what it was that led up to those events, not questioning the events documented.
Last edited by MidnightMike; 09-03-2009 at 05:15 PM.
Just purchased a membership in the Toronto Cyclists Union. Obviously not every incident like this will be averted by the benefits brought on through political lobbying and education - but no doubt some could be.
I had been thinking about it anyway since the union launched in May of last year. This just turned out to be the tipping point. Best part is my annual dues were directly paid for with poker winnings thanks to a recent PayPal for Stars transfer with Voodoo (told you the money would go to something bike related ).
If you attack me, I am legally justifed in defending myself with that force necessary to stop the attack, and no more.
If you are approaching me with clenched fists while I am sitting in my car, I am justifed in rolling up my windows and locking my doors. If you proceed to pound on my vehicle, am I justified in defending myself (and my passengers) by fleeing the altercation? Maybe, maybe not . . .
That is what trials are for. Myself, I can see a decent lawyer making the case for Bryant feeling justified in fleeing the altercation. I can also see the Crown in this case making the opposite argument equally convincingly.
Sorry, I was referring to the idea that someone might think that they are legally entitled to drive someone else into mailboxes and trees because of the "possibility" of that person having a weapon. In other words, believing it is possible for someone else to have a weapon is not the same as that person actually having a weapon. It is far more believable that the cyclist was trying to defend himself after being hit, than a person in a car feeling physically threatened.
Try riding your bike downtown with all the poor drivers that do not know the rules of the road. I've had drivers tell me that I'm supposed to be riding on the curb. Just retarded. This is why we need more bike lanes.
Or, you could try making a right turn while a cyclist has pulled up through traffic on the right hand side (between the cars and the curb), just so he can get ahead a few car lengths, and then take the verbal abuse that issues forth when "you" cut "him" off.
For every cyclist horror story you care to mention, there are as many egregious auto complaints, ALL equally justified.
More bike lanes are a wonderful idea, if implemented properly. The idea that painting a line on the road is sufficient is ludicrous. My father and older sister went to Holland this summer. Bike lanes are everywhere. But, they paint the entire lane red to differentiate it from the car lanes (when the lane is not physically separated from the car lanes, that is). Physical separation of car and bike lanes is the safest way to do this, but where is the space in the downtown core to put up said barriers?
You are talking about a fundamental shift in policy in terms of how people are going to get around in our cities. You are also talking about a large capital investment to make it happen. The politician with that kind of balls has not been born yet, sorry to say.
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Or, you could try making a right turn while a cyclist has pulled up through traffic on the right hand side (between the cars and the curb), just so he can get ahead a few car lengths, and then take the verbal abuse that issues forth when "you" cut "him" off..
Cyclist was not cut off. He was hit. Video shows the cyclist coming from the left lane past a stoped/slow moving car. The cyclist was HIT after that. The above does not end in a death.
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We can all use some extra redundancy.
Read my entire post again. I wasn't referring to the Bryant case with my analogy. Merely responding to the premise that car/cyclist conflict is usually the car driver's fault.
It isn't. At least, not moreso than the cyclist's, imo.
Each case MUST be evaluated individually, as this particular one will be . . .
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