Video you must see!

well...we'll never know, but it is an interesting topic to discuss.



the greatest violations to me are:



1. hicks stating (on video) that they are going to "get him" and "i hope he has insurance"

2. harassment and intimidation (unprovoked)

3. road rage

4. entrapment (blocking him in at the dead end road

5. hostile approach with a weapon while threatening the BMW driver (getting bat out)



at this point, the BMW driver has:



1. "walked away" from the provocations and intimidation multiple times

2. tried to "get away" w/out interaction multiple times



the hicks had no reason to follow the BMW other than to intimidate and ultimately cause harm. the BMW now has the right to defend himself. whatever he said (like "it's now a present and i'm keeping it") is meaningless...if he would have called the police and GAVE them the camera as evidence.



of course, if the BMW driver didn't have a permit for the gun...and now posted the video online...it's kind of a stalemate and both sides would get busted if the police went after them.
 
paradigm said:
well...we'll never know, but it is an interesting topic to discuss.



the greatest violations to me are:



1. hicks stating (on video) that they are going to "get him" and "i hope he has insurance"

2. harassment and intimidation (unprovoked)

3. road rage

4. entrapment (blocking him in at the dead end road

5. hostile approach with a weapon while threatening the BMW driver (getting bat out)



at this point, the BMW driver has:



1. "walked away" from the provocations and intimidation multiple times

2. tried to "get away" w/out interaction multiple times



the hicks had no reason to follow the BMW other than to intimidate and ultimately cause harm. the BMW now has the right to defend himself. whatever he said (like "it's now a present and i'm keeping it") is meaningless...if he would have called the police and GAVE them the camera as evidence.



of course, if the BMW driver didn't have a permit for the gun...and now posted the video online...it's kind of a stalemate and both sides would get busted if the police went after them.
Click to expand...



The BMW owner did his fair share of provoking with the single digit salute as well. Again, a trip to a phone booth, police station, cell phone use or not taking a dirt road to get away(screams staged) would have been better solutions.



Based on what we can tell from the video, the BMW owner keeps the camera as a present. You have nothing more than simple assault from the hicks whereas the BMW owner ROBBED them. Armed robbery is a felony and the simple assault would be a misdemeanor. If he had a permit for the gun the only thing that changes is that he could lawfully carry it and use it to defend himself not for the purpose of robbery however.
 
i guess that's why the world needs lawyers. :)



flipping someone off is a far cry from chasing someone down, blocking them in, and advancing onto them (with a group, no less) with a baseball bat.



and, yes, it is 99% likely staged...like you said, the dirt road was pretty dumb. "hmmm...i'm in a Z4 coupe being chased by a 4x4 pickup...i know...let's go OFF ROAD!!!" hahahaha!



i guess the BMW guy should have just blown them all away, took the camera, and called it a day. no witnesses and he would still get the camera. hehe
 
There is no crime committed by either party until they exit their vehicles. Remember this as well. The video is edited presumably by the BMW owner and likely cuts out all the nice things that he may have done to "help" the situation.



Blocked in? From what I can see in the video, the BMW owner still has room to simply back up passed the truck and once again, get away. Looks like the hicks were driving a Tundra. Tundra's don't run bad for trucks but I don't buy for a minute that the Z4 couldn't get away from it. The DA would have a field day with the BMW owner if the tape and camera weren't taken to the police UNEDITED.
 
Are you kidding me they stalked the BMW owner, he should of shot the sorry bastards (if it was real). So what if they took the camera they got just a small bit of what they deserved.
 
You'd better take a look at a stalking law before you come to that conclusion. Don't look at this as a "personal" thing but a "legal thing. This is no different than some pain in the rear kid continually riding on and killing your front lawn and taunting you as he rides away. One day you decide to take his bike from him. You are using force or fear to take his bike away and that is 211PC or Robbery, a felony. He is guilty of simple vandalism (594PC), a misdemeanor at best.



The guy in the BMW used the gun to take the guys camera and that is 211PC(Robbery) and a felony. The other guys are simple road rage suspects.
 
here is a road rage definition by law that i found (3 different categories...i think the 2nd or 3rd degree would apply to this discussion):



The crimes of criminal aggressive driving in the third, second and first degrees.



Third degree criminal aggressive driving, a class A misdemeanor punishable by up to one year in jail, is committed when a motorist, with intent to harass, annoy or alarm another person, operates a motor vehicle on a public highway in a manner contrary to law. This offense is also committed when a motorist engages in a course of conduct by changing lanes of travel or speed of his or her vehicle on a public highway that serves no legitimate purpose, thereby creating a substantial risk of serious physical injury or death to another person.



Second degree criminal aggressive driving, a class E felony punishable by a maximum sentence of 1 1/3 years to 4 years, is committed when a motorist: (1) recklessly operates a motor vehicle in a manner which creates a substantial risk of serious physical injury or death to another person; or (2) with intent to place another person in fear of physical injury, serious physical injury or death, intentionally displays what appears to be a firearm, machine-gun, rifle or shotgun to another person; or (3) with intent to harass, annoy or alarm another person, intentionally causes his or her vehicle to collide with another vehicle; or (4) commits the third degree offense after having been convicted of the third degree crime within the preceding five years.



First degree criminal aggressive driving, a class D felony punishable by a maximum sentence of 2 1/3 years to 7 years, is committed when a motorist commits the crime of criminal aggressive driving in the third or second degree and causes serious physical injury to or the death of another person. Additionally, the crime is committed when a motorist commits the second degree crime after having been convicted of the second degree crime within the preceding five years.



--------------------------
 
All they did was follow him. They never tried to run him off the road at all. They never hit his car or caused him any injury.
 
truzoom said:
WHY is this being argued? It's just a video, geez.
Click to expand...



Cause this is a free country and we can if we want to. :usa



I don't mean to come off as a jerk at all so let me add to this.



It's good to be educated in a situation such as this. The buy in the BMW did the wrong thing if he didn't take the camera and unedited tape to the police. He could face some good jail time and that's not what I'd like to see anyone here doing. At the very least he could find himself with some pretty healthy legal bills. I have background in this area and have seen situations that turned against what would have been the victim but ended up going to jail cause their response to the situation was wrong.
 
SpoiledMan said:
All they did was follow him. They never tried to run him off the road at all. They never hit his car or caused him any injury.
Click to expand...

Followed and harassed them then followed them to a dead end with intent of assault via a bat.
 
wytstang said:
Followed and harassed them then followed them to a dead end with intent of assault via a bat.
Click to expand...



So a kid picks on another in school but doesn't hit him. This kid being picked on turns and punches him knocking him out. Yeah, the bully got what he deserved but the kid that did the hitting is likely getting suspended. They did nothing wrong by following him and yelling things at him. That's not against the law.
 
If the kid doing the picking has a weapon with intend to do harm it's self defense, and both with be suspended (in most cases)
 
wytstang said:
If the kid doing the picking has a weapon with intend to do harm it's self defense, and both with be suspended (in most cases)
Click to expand...



Good. The BMW driver gets the upper hand when he pulls out a gun. He has control of the situation now. Gun beats a bat any day of the week. He then uses the gun to ROB the hicks. He could have simply used his advantage and the tape and gone to the police with it. Nope, he ROBS them for a camera. The scenario changes if he goes to the police with the camera and unedited tape. From his statements on the clip, he has no intention of doing so. He's an armed robber.
 
i dont care who is wrong or right, real or fake, but if you follow me down a dead end road with agressive intent, i am always strapped along with a cc permit and as soon as the guy lifted the bat, well you know, self defense. thats just my 23cents, so now its time for you all to say how im so wrong. i can take it go ahead.
 
If you reread the posts, you're not wrong until you Rob the guys at gunpoint for the camera. You're have the right to defend yourself but not commit robbery.
 
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