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znfdl
09-14-2007, 06:20 AM
It is 6:00am and I am riding into work with my a friend of mine and we come across a bike laid down in the middle of the bike path. My nemesis from last year starts yelling at me that how many times does he have to stop till I stop using my light. Needless to say I downgraded from a HID Light and Motion to a 3 watt LED Dinotte light (whihc was on low this morning). Guess my new year did not start off right.

Question: I have two L&M HID lights, should I blast hime with 1,350 lumens :cool:

On a serious side, should I carry pepper spray?

csm
09-14-2007, 06:22 AM
maybe you should buy him coffee and talk it out?

znfdl
09-14-2007, 06:24 AM
I treid that last year, but he only verbally assaulted me.

Dave B
09-14-2007, 06:42 AM
Remember i am selling a combat knife. Just saying, if the Latte' is a no go! :D

Sandy
09-14-2007, 06:46 AM
I am very sorry to hear that it has happened again. I would immediately go to the police and insist upon them intervening before it gets out of hand. He laid the bike down in the middle of the bike path. That is taking an aggressive and dangerous position for you and others. He obviously has an emotional problem in self control, as you obviously know.

I would be glad to go with you to the police and/or follow it up with them. There is no reason why this should continue. Perhaps you might even get legal advice as how to proceed...perhaps he could be served with papers which would forbid this dangerous behavior.

I would be glad to go to VA for a few days and ride in with you if you want. Just let me know. We could go early and report it to the police or later in the day. Just let me know how I could help.

I wonder about pepper spray. It might help one day but might incite him more for the next time. The police is the way to go, I think. This is not the first time and it will not be the last.


Sandy

Too Tall
09-14-2007, 06:47 AM
I'll ride in with you next week. Time for an old fashion beat down....kidding...that's what I'd like to do. Instead we will call the town cops same as we were going to do last time, have them waiting and I'll file a police report not you. Pls. call the town cops today and get an incident report. His words require documentation and action. Name your witness etc. Paly it by the book bro. This is going to end up documented at his place of work if he keeps it up.

"how many times does he have to stop till I stop using my light?"

sspielman
09-14-2007, 06:48 AM
Time to open up a 55 gallon drum of whipass..for further advice,
www.roydmercer.com

stevep
09-14-2007, 06:53 AM
what is his actual complaint?

William
09-14-2007, 06:56 AM
DDDDC.

Just call....







William ;)

Sandy
09-14-2007, 06:58 AM
I'll ride in with you next week. Time for an old fashion beat down....kidding...that's what I'd like to do. Instead we will call the town cops same as we were going to do last time, have them waiting and I'll file a police report not you. Pls. call the town cops today and get an incident report. His words require documentation and action. Name your witness etc. Paly it by the book bro. This is going to end up documented at his place of work if he keeps it up.

"how many times does he have to stop till I stop using my light?"

Yep. Put it on record. Today.




Sandy

Kevan
09-14-2007, 07:06 AM
I assume it's pitch dark outside when these altercations are happening, right?

You should be telling him HE needs a light too.

I'd watch out for this guy, he's missing his kickstand.

Fixed
09-14-2007, 07:10 AM
bro that sucks things like that would bug me too .how about a different route ?
cheers he careful he sounds like a nut case
cheers

rwsaunders
09-14-2007, 07:10 AM
I heard that this Jody Foster chick has made a movie about a vigilante. What gives? Been there done that. Just call.

Sandy
09-14-2007, 07:16 AM
How about a group of us going to the police station to put in a joint complaint. Even if some of us has not been there when it occurred, we could say that we have heard about this guy and he is a potential danger on the trail. If some of us rode in together and he was there, it would give even more credence to a filed police report. If several people put in a complaint ,then that could only help you, I would think.


Sandy

Bruce K
09-14-2007, 07:35 AM
You could have it video taped for the record.

I hear the Patriots have an unemployed camera man available. :rolleyes:

But seriously, it is time to get the local authorities involved before physical harm comes to you or some other unsuspecting cyclist who is mistaken for you.

BK

Too Tall
09-14-2007, 07:53 AM
http://velonews.com/news/fea/13275.0.html

Read this. It should affirm what you intuitively know. Come on bub, let's deal with this nut before this gets out of hand. That nut threatens to take away the PEACE you depend on for a healthy lifestyle.

It ends next week.

Go into the police station in person and say you are in fear or physical attack or worse, document the incident with your riding partner / witness.

Dave B
09-14-2007, 07:56 AM
When I was worign in Mary-land one of the guys was a cop. He had the lifeline buzz us one morning at like 1am and shine a handheld spotlight on us that had something like 1 million candle power. It was like the sun at 1am was shining.

Mount that toy uor bike and see if he doesn't mind you going back to what you were using.


Or do somethign responsible like other people were saying.

Not nearly as much fun, but hey no one is perfect.

znfdl
09-14-2007, 08:47 AM
Thanks All:

I will contact the Vienna police this morning. I ride in with atleast one other rider, so I will always have a witness.

I forgot that I had my camera with me, wished that I had snapped his portrait.

I just can't believe that his angered by my light when it is dark out.

CNY rider
09-14-2007, 09:07 AM
How well lit is the trail you are riding on?

I live in a rural area.......at that time of morning in mid-September I have to have a light to be able to see anything.

Is this guy just bombing along in the darkness without any light? :confused:

weisan
09-14-2007, 09:14 AM
what is his actual complaint?
he said, and I said....yup. Is anyone doing the so-called active listenin' thing?

Sandy
09-14-2007, 09:21 AM
he said, and I said....yup. Is anyone doing the so-called active listenin' thing?

It takes 2 people to have a conversation. And each has to listen to understand the other. I believe that znfdl has extended an invitation more than once for the other guy to talk about the situation. It is difficult to communicate with someone who is always sending venom your way no matter how you act or communicate with that person.


King Cobra

weisan
09-14-2007, 09:25 AM
King Cobra, I understand.

Do it seventy-seven times.

znfdl
09-14-2007, 09:25 AM
he said, and I said....yup. Is anyone doing the so-called active listenin' thing?

His complaint that my light is too bright. The bike path is not lit and I need a light to see where I am going. We are usually cruising along at 18-20mph. he usualy crawls along at 12 mph. He probably does not need a light but I do. My light is a Dinnotte 3 wat LED which produces 200 lumens. Last year my light was a L&M ARC HID, which produced 675 lumens.

I have logged a complaint with the Vienna police, not crossing my fingers for their help.

Yes, I try to talk to him, but he send insults my way in response.

weisan
09-14-2007, 09:43 AM
His complaint that my light is too bright.
I think there's more to that...your job is to cover em'. "that's my job???" Yep. It depends on how much you value this person and the future.

I know, it takes work, what's worth doin' always do.

Tom
09-14-2007, 09:49 AM
I'm confused. If somebody's approaching with a bright light, I just don't look at it. Take that in the abstract. Why is it znfdl's problem? He already accomodated the guy by switching to a dimmer light. I have a major issue with accomodating somebody else's behavior if they are unreasonable. People have probably done it for this guy all his life. Maybe it's time somebody saw to it that he grew up and acted in a manner befitting an adult.

Too Tall
09-14-2007, 09:50 AM
His complaint that my light is too bright. The bike path is not lit and I need a light to see where I am going. We are usually cruising along at 18-20mph. he usualy crawls along at 12 mph. He probably does not need a light but I do. My light is a Dinnotte 3 wat LED which produces 200 lumens. Last year my light was a L&M ARC HID, which produced 675 lumens.

I have logged a complaint with the Vienna police, not crossing my fingers for their help.

Yes, I try to talk to him, but he send insults my way in response.

BONG! Bro., walk into the station. You are in fear of your physical safety. He blocked your path...said some threatening words. This gets submitted in writing with your witness. Do this right.

BumbleBeeDave
09-14-2007, 09:58 AM
This guy is obviously a bit off course already and from the way you're describing this latest incident you could legitimately file harassment charges against him, though with no other witnesses it probably wouldn't go too far.

BBD

Too Tall
09-14-2007, 10:21 AM
Dave might have the ticket...I looked up what you need on line:

You can find the "Petition for Protective Order - Stalking/Serious Bodily Injury" at:

www.courts.state.va.us/forms/district/home.html.

(Look under the Criminal Section). The form is called Form DC-383.

Bubba...I insist you do this. Take it seriously.

BURCH
09-14-2007, 10:27 AM
So, is he biking toward you and feels blinded by the light coming at him. Or are you coming up on him from behind and in the same direction? Either way, I think he is being obsurd. I am just curious about the situation.

Oh, and do you see him actually stop and put his bike on the path? Or is it already there when you bike up to the area?

znfdl
09-14-2007, 10:58 AM
So, is he biking toward you and feels blinded by the light coming at him. Or are you coming up on him from behind and in the same direction? Either way, I think he is being obsurd. I am just curious about the situation.

Oh, and do you see him actually stop and put his bike on the path? Or is it already there when you bike up to the area?

He is riding in the opposite direction. He feels that my light is too bright. He sees my light, dismounts from his bike, lays the bike across both lanes on the MUP and then when I slow down and try to talk to him, he starts yelling at me to the get f_ck out of here and complains about my light.

Will be following Dave's and Too Tall's advice and will file a protective order against him. I have two witnesses and another friend of mine who this has also happened to.

jbrainin
09-14-2007, 11:02 AM
I'm amazed that no one has suggested "stealing the peach" this far into the thread. :D

Ozz
09-14-2007, 11:08 AM
plate of shrimp moment....


I was thinking of you this morning (as I mounted up my L&M Arc for my commute this morning) and wondered what ever happened to this nut-job. I guess he still has issues....

I'm guessing he got blasted by someone's HID once (car or bike mounted) and is now pissed at all lights HID, whether they are pointed at him or not. Sort of a Pavlov's Dog response and all that.... :cool:

Good luck with the police report and such.....maybe bring an camera and next time he goes aggro on you, tell him to "smile" and snap a picture.

inGobwetrust
09-14-2007, 11:09 AM
You're a better man than me. I have to admit that by this point I'd have taken my mountain bike for the next ride and wheelied right into his face when he blocked my progress. This might have been followed by a theft of afformentioned peaches.

Let Too Tall do his thing..........

BURCH
09-14-2007, 11:11 AM
He is riding in the opposite direction. He feels that my light is too bright. He sees my light, dismounts from his bike, lays the bike across both lanes on the MUP and then when I slow down and try to talk to him, he starts yelling at me to the get f_ck out of here and complains about my light.



Wow, this cat is more unstable than I pictured. To me this is no different than throwing stuff at cars from an overpass. This behavior is dangerous and completely unnecessary. Sandy is completely correct in his statement, "He obviously has an emotional problem in self control"

All of us come across that driver who has their high beams on. It doesn't give us the right to put on our high beams or start driving at them!!!

Birddog
09-14-2007, 11:13 AM
Just out of curiosity, does he have drop bars that are turned up?

Birddog

Sandy
09-14-2007, 11:14 AM
BONG! Bro., walk into the station. You are in fear of your physical safety. He blocked your path...said some threatening words. This gets submitted in writing with your witness. Do this right.

Yep!

Ginger
09-14-2007, 11:15 AM
I'm amazed that no one has suggested "stealing the peach" this far into the thread. :D
That was suggested before. This is an ongoing issue.
Putting yourself at risk by riding with a dimmer light to make the antagonizer more comfortable isn't the answer. Any light will be a problem.
The protective order and the police reports (every single incident) are the right direction.

Good luck Znfdl!

Sandy
09-14-2007, 11:17 AM
This guy is obviously a bit off course already and from the way you're describing this latest incident you could legitimately file harassment charges against him, though with no other witnesses it probably wouldn't go too far.

BBD

That is an example of my suggesting that you see a lawyer in the proper field who might give you directions and enummerate your options.


Sandy

BoulderGeek
09-14-2007, 11:18 AM
Good, rational advice here. I will remember the salient points if this ever happens to me.

For personal peace of mind until the police actually intervene:

http://www.betterhomesecurity.com/_Small_Fry_600K_Pepper_Spray_Combo_Pack.php?ref=st glpg


I was similarly accosted by an unbalanced hobo on the Boulder bike path last spring. I was walking my friend's pacifist Golden Retriever (Poppy from my avatar) and this nut case says sh*t about "liberating my dog" and is fumbling under his shirt like he is holding a knife. All I had was a cell phone, which I used to call the police, while walking away. Wished I had the stun gun, too.

Best of luck, and do follow through. You have the ability to stop this guy before he gets emboldened, and I hope that it ends here.

djg
09-14-2007, 11:23 AM
Znfndl, the Vienna and/or Fairfax police might be more responsive this time around -- in the past couple of months, the Post has run a couple of stories about muggings and other safety issues to do with the W & OD -- the most recent events I recall happened closer in, but I imagine that there's some heightened awareness down through the ranks that there are issues that need to be taken seriously.

Sandy
09-14-2007, 11:26 AM
How about seeing if the Vienna police or any police agency that has legal authority/jurisdiction (federal police too) on that particular trail could supply you with a policeman who is a cyclist that could ride with you a few days, incognito. He could be a riding partner of yours. Then let him witness what happens and he could even let it get a little out of hand, and then he could ticket him for as many offenses as he could think that would apply. I am sure that a police cyclist would be more than willing to help. Heck, Vienna, or some police jurisdictions out there undoubtedly have police who operate on bicycles. Think about that option. Insist upon making contact with the particular department that use police cyclists in their everyday operations. What police cyclist would not want to help a fellow cyclist, especially in a situation like yours? Even a slow one like you. :rolleyes:


Sandy

PS- If things really got out of hand the police officer could empty 20-30 rounds into the guys head and chest. That would solve the problem! :)

Kevan
09-14-2007, 11:34 AM
How about seeing if the Vienna police or any police agency that has legal authority/jurisdiction (federal police too) on that particular trail could supply you with a policeman who is a cyclist that could ride with you a few days, incognito. He could be a riding partner of yours. Then let him witness what happens and he could even let it get a little out of hand, and then he could ticket him for as many offenses as he could think that would apply. I am sure that a police cyclist would be more than willing to help. Heck, Vienna, or some police jurisdictions out there undoubtedly have police who operate on bicycles. Think about that option. Insist upon making contact with the particular department that use police cyclists in their everyday operations. What police cyclist would not want to help a fellow cyclist, especially in a situation like yours? Even a slow one like you. :rolleyes:


Sandy

PS- If things really got out of hand the police officer could empty 20-30 rounds into the guys head and chest. That would solve the problem! :)

I've got a guy bothering me too.

Sandy
09-14-2007, 11:37 AM
I've got a guy bothering me too.

Who? I will shoot him myself! :rolleyes:


Sharpshooter Shotgun Sandy

palincss
09-14-2007, 11:43 AM
Who? I will shoot him myself! :rolleyes:


Sharpshooter Shotgun Sandy

However, you are not a resident of the Commonwealth of Virginia, where they Must Issue concealed weapons permits. Unlike the original poster.

Sandy
09-14-2007, 12:08 PM
I like my idea the more I think about it. Not because it is my idea but because it gives a police department the opportunity to use one of its assets- police officer on a bike, helps a citizen with a real problem that could become worse and that potentially could apply to others, and gives a police officer who is a cyclist the opportunity to help someone like himself or herself- another cyclist. I would think that a member of that department would jump at the opportunity to participate in znfdl's problem. I would go directly to the police person who operates the police cyclist department.


Sandy

PaulE
09-14-2007, 12:10 PM
PS- If things really got out of hand the police officer could empty 20-30 rounds into the guys head and chest. That would solve the problem! :)

20-30 rounds probably implies reloading a standard issue police sidearm once or twice, no? The reloading would change the nature of the response to excessive use of deadly force, inappropriate response or pre-meditated something or other. :D

znfdl
09-14-2007, 12:14 PM
Latest Update:

Talked to the Vienna, Va. and the Fairfax County Police Department (both departments have official complaints). Next week, I should be standing by the side of the path with a Vienna Police Officer, I will point out the miscreant to the police officer, police officer will have a talk with said miscreant. Atleast this way I can get his personal information and go to court for a protective order.

If this does not work out, I will fly William and his bike down and hire him as my personal body guard for a week.

Sandy
09-14-2007, 12:17 PM
Latest Update:

Talked to the Vienna, Va. and the Fairfax County Police Department (both departments have official complaints). Next week, I should be standing by the side of the path with a Vienna Police Officer, I will point out the miscreant to the police officer, police officer will have a talk with said miscreant. Atleast this way I can get his personal information and go to court for a protective order.

If this does not work out, I will fly William and his bike down and hire him as my personal body guard for a week.

With William, it will not take a week. Maybe 30 seconds. :rolleyes:


Still Scared Sandy

crossjunkee
09-14-2007, 12:18 PM
I use a helmet mounted light, and always look away/down from on coming riders. Or, I turn the light off. I hate it when bright lights come at me on a path. The bike paths in around Denver are twisty and narrow, and usually follow running water. So the path doesn't offer many options to take your eyes away, especially in low light.

This guy might have a vision problem, and bright light makes it worse. Either way, both parties should recognize the other.

If the light is mounted to the bike, maybe a simple cover of the hand will work?

Good luck, keep us posted on your solution.

znfdl
09-14-2007, 12:18 PM
With William, it will not take a week. Maybe 30 seconds. :rolleyes:
Still Scared Sandy

Well I do have to protect the Vanilla ;)

Sandy
09-14-2007, 12:22 PM
20-30 rounds probably implies reloading a standard issue police sidearm once or twice, no? The reloading would change the nature of the response to excessive use of deadly force, inappropriate response or pre-meditated something or other. :D

Not if the officer shoots as well as I do. 20 shots- First 10 all go through the same hole in his head as the first shot, and the second 10 all go through the same hole in his chest as the 11th shot. 20 shots, all hits, but only two holes. :) No one would ever know how many times I would hit that critter! I am that good! :rolleyes:


Super Sharpshooter Sandy

znfdl
09-14-2007, 12:23 PM
This guy might have a vision problem, and bright light makes it worse. Either way, both parties should recognize the other.

If the light is mounted to the bike, maybe a simple cover of the hand will work?


Cross: he rides with no light, no reflectors and dark clothing. When I can see him in the darkness I cover my light.

I can not see him, then I can not cover my light.

He is also breaking Virginia law by riding in the dark without a light.

Bud
09-14-2007, 12:26 PM
Zin-

be careful, bro. Sounds like this guy's got a few kangaroos loose in the upper paddock. And good luck getting this resolved.

Sandy
09-14-2007, 12:30 PM
Latest Update:

Talked to the Vienna, Va. and the Fairfax County Police Department (both departments have official complaints). Next week, I should be standing by the side of the path with a Vienna Police Officer, I will point out the miscreant to the police officer, police officer will have a talk with said miscreant. Atleast this way I can get his personal information and go to court for a protective order.

If this does not work out, I will fly William and his bike down and hire him as my personal body guard for a week.

Excellent proactive start. A talk with the police officer should undoubtedly help. Hopefully anyway. Glad that you took the step.


Sandy

BumbleBeeDave
09-14-2007, 12:38 PM
Well I do have to protect the Vanilla ;)

. . . the peaches? :rolleyes:

BBD

Dave B
09-14-2007, 12:44 PM
If someone hooks me up with a road bike, I'll ride next to you have a "Mechanical" and "accidently" crash as hard as I can into him all the while saving the new to me bike, plus I am fat so my body weight alone would do quite a bit of damage, let alone putting some momentum into it.

I also teach science so maybe i can get my hands on some HCl and offer him a drink in apology. Or get some liquid nitrogen in aerosol form and we could fix his frame after the crash.

I also have this friend, if you want me togo see a guy about a thing consider the problem solved.

Ginger
09-14-2007, 12:57 PM
Znfndl, the Vienna and/or Fairfax police might be more responsive this time around -- in the past couple of months, the Post has run a couple of stories about muggings and other safety issues to do with the W & OD -- the most recent events I recall happened closer in, but I imagine that there's some heightened awareness down through the ranks that there are issues that need to be taken seriously.


The dude rides in dark clothes with no lights...Wouldn't it be "funny" if he was their mugger?
Glad to hear you've got some authorities moving on this Znfdl.

Too Tall
09-14-2007, 01:00 PM
He is riding in the opposite direction. He feels that my light is too bright. He sees my light, dismounts from his bike, lays the bike across both lanes on the MUP and then when I slow down and try to talk to him, he starts yelling at me to the get f_ck out of here and complains about my light.

Will be following Dave's and Too Tall's advice and will file a protective order against him. I have two witnesses and another friend of mine who this has also happened to.

Right on.

Kevan
09-14-2007, 01:02 PM
how he has been treating you, but if this guy is off his rocker and possibly worse: homeless and/or poor (often all traits travel together) maybe the solution is to get the guy a bike light of his own. I'm not suggesting you, Zin, do this, but maybe the community at large can somehow get involved.

Just throwing out another perspective, or option, not knowing or recalling all aspects of the case.

Or....maybe the guy is a carbon footprint fanatic and sees your light as excessive and abusive to our climate.

BURCH
09-14-2007, 01:20 PM
Nah, he is most definately a vampire just trying to get in before light.

ZNFDL,
Are you riding with a cross around your neck by any chance???

znfdl
09-14-2007, 01:22 PM
ZNFDL, Are you riding with a cross around your neck by any chance???

Nope, just celebrated the Jewish New Year ;)

Bruce K
09-14-2007, 03:52 PM
There may be more you can do.

Read Bob Mionske's latest missive at velonews.com.

What he did by dismounting, blocking the bike path, and confronting you may be construed as an assault and possibly a battery.

If you were in fear for your personal safety, that may be enough to swear out a complaint and have him arrested.

Whatever you do, do it soon and with the proper authorities.

BK

znfdl
09-14-2007, 05:15 PM
Just got back from visiting the Vienna police. They said that he broke atl a minimum two laws. The police will try to help me on Monday. I am also going to try to take his picture when the police stop him.

Hopefully I can post his picture.

Louis
09-14-2007, 05:24 PM
Zin,

This (video here) (http://www.thenewspaper.com/news/19/1961.asp) is the type of officer you want on your side when talking to the guy. (The fun starts about 1 min in)

Happened earlier this week in St Louis.

Louis

39cross
09-14-2007, 06:14 PM
Good luck Monday. This guy sounds like he's mentally/emotionally unstable. I'd offer to go as your body double but it sounds too dangerous. ;)

djg
09-14-2007, 06:19 PM
There may be more you can do.

Read Bob Mionske's latest missive at velonews.com.

What he did by dismounting, blocking the bike path, and confronting you may be construed as an assault and possibly a battery.

If you were in fear for your personal safety, that may be enough to swear out a complaint and have him arrested.

Whatever you do, do it soon and with the proper authorities.

BK

Battery? How do you figure? If pal znfndl wants referrals to local counsel, I'll bet that folks could come up with some ideas.

palincss
09-14-2007, 06:45 PM
I am also going to try to take his picture when the police stop him.

Hopefully I can post his picture.

Oh, he'll really appreciate the flash! Jolly good -- take lots, to be sure.

Bruce K
09-14-2007, 09:14 PM
djg -

I was surprised too when Mionske said there could be a battery without physical contact.

Local laws have different interpretations and I forget which state he was referring to.

The article states that you don't have to be physically injured for a battery to occur. The fright of the confrontation can be enough in some jurisdictions.

BK

Steelhead
09-14-2007, 09:26 PM
That 3W Dinotte, though powerful - is not too out of line. Is it helmet mounted? Can you point it downwards when you approach the area where you usually see this guy, whether bar mounted or helmet mounted?

Have you offered to thoroughly kick his a$$?

gdw
09-14-2007, 09:45 PM
Mionske is an attorney in Oregon. He's right that some state laws do not require contact for assault to occur but it would be very difficult to get a police officer to make an arrest if he didn't witness the incident. It would be especially difficult since the incident involves two men.

BumbleBeeDave
09-14-2007, 09:54 PM
Just got back from visiting the Vienna police. They said that he broke atl a minimum two laws. The police will try to help me on Monday. I am also going to try to take his picture when the police stop him.

Hopefully I can post his picture.

. . . the pictures!

Can he be prosecuted in your jurisdiction for just being a pr*ck? :rolleyes:

And I'm not totally understanding . . . was the move to the dimmer light an act of appeasement? Neville Chamberlin will tell you that never works . . .

BBD

djg
09-14-2007, 09:57 PM
djg -

I was surprised too when Mionske said there could be a battery without physical contact.

Local laws have different interpretations and I forget which state he was referring to.

The article states that you don't have to be physically injured for a battery to occur. The fright of the confrontation can be enough in some jurisdictions.

BK

So, the law of battery -- whether a civil tort, a crime, or both -- varies somewhat from state to state, but some sort of offensive contact generally is required and contact with the bike path would be a novel extension of the notion under Virginia law. I was puzzled enough by the mention of the column that I went and took a quick look. Mionske seems to be taking a notion of indirect contact (say, the letter opener goes through one's coat rather than one's person) and speculating that contact with one's bike, while one is actually ON the bike, could also be regarded as a battery (other conditions being satisfied). In the column, he doesn't seem to cite any particular state law (whether a statute or a common law precedent) so we don't really know how closely the law in any particular state (civil or criminal) follows his argument, although there might be more in the book to nail things down. The general principles he cites seem reasonable enough, as general principles. But one of those general principles is that the creation of an apprehension of imminent harm (doing the sort of thing that would cause an idealized "reasonable person" to feel threatened with imminent harm) is characteristic of assault, not battery.

So...anyways...I cannot pretend to pass judgment on the particulars in the thread and I sure as heck cannot give znfndl counsel, but no, on general concepts, Mionske isn't saying that laying the bike down is or could reasonably be construed as a battery. That doesn't make it right, of course, or lawful, or sane .. just not a battery.

BumbleBeeDave
09-14-2007, 10:06 PM
. . . puts his studded winter tires on his bike, then rides OVER the @-hole's bike--repeatedly--could THAT be considered battery? :beer:

BBD

Sandy
09-17-2007, 06:11 AM
May this week bring an acceptable end to your dilemma.


Sandy

Too Tall
09-17-2007, 06:29 AM
So, the law of battery -- whether a civil tort, a crime, or both -- varies somewhat from state to state, but some sort of offensive contact generally is required and contact with the bike path would be a novel extension of the notion under Virginia law. I was puzzled enough by the mention of the column that I went and took a quick look. Mionske seems to be taking a notion of indirect contact (say, the letter opener goes through one's coat rather than one's person) and speculating that contact with one's bike, while one is actually ON the bike, could also be regarded as a battery (other conditions being satisfied). In the column, he doesn't seem to cite any particular state law (whether a statute or a common law precedent) so we don't really know how closely the law in any particular state (civil or criminal) follows his argument, although there might be more in the book to nail things down. The general principles he cites seem reasonable enough, as general principles. But one of those general principles is that the creation of an apprehension of imminent harm (doing the sort of thing that would cause an idealized "reasonable person" to feel threatened with imminent harm) is characteristic of assault, not battery.

So...anyways...I cannot pretend to pass judgment on the particulars in the thread and I sure as heck cannot give znfndl counsel, but no, on general concepts, Mionske isn't saying that laying the bike down is or could reasonably be construed as a battery. That doesn't make it right, of course, or lawful, or sane .. just not a battery.

Dewd I might sue him as a third party who now hearing that at any time riding on the WO&D I might be subject to assault!!! Sign me up.

Dave, serious? If they prosecuted pricks there would be noone left to talk to.

So? How'd it go ZNFNDL?

znfdl
09-17-2007, 06:31 AM
We are camped out at where the W&OD paths crosses downtown Vienna and he is a no show. Tomorrow will be another day.

rwsaunders
09-17-2007, 07:03 AM
Dress appropriately.

Sandy
09-17-2007, 07:38 AM
Dress appropriately.

Got quite a good laugh from that one. Thanks.


Still Smiling Sandy

William
09-17-2007, 07:44 AM
http://photophile.files.wordpress.com/2006/11/walking-shadow.jpg








William ;)

Rapid Tourist
09-17-2007, 08:50 PM
This gives me the heeby jeebies. Good grief, Zin. So sorry you have to deal with this wack job.

Louis
09-17-2007, 08:58 PM
We are camped out at where the W&OD paths crosses downtown Vienna and he is a no show. Tomorrow will be another day.

Z,

You sure he's not a member in good standing of this forum and therefore aware of your plans?

Maybe its Sandy... dee-dee dee-dee…. (Twilight Zone theme)

Ginger
09-17-2007, 09:53 PM
Z,

You sure he's not a member in good standing of this forum and therefore aware of your plans?

Maybe its Sandy... dee-dee dee-dee…. (Twilight Zone theme)

While he may not be a forum member, he may certainly look here. Nut jobs like that want to see the reaction to their psychosis...um "work". Last time you had "reinforcements" didn't he disappear?

znfdl
09-18-2007, 06:18 AM
Two days of riding with reinforcements and the gut is again a no show. Atleast I am off to Massachusetts tomorrow for 5 days of riding.

I would highly doubt he is a member of this forum, as he is definitely not a bike geek. He usually wears a mechanics uniform, sneakers and rides an old mountain bike. Wait it does sound like Sandy ;)

seanw
09-18-2007, 06:37 AM
reading all this makes me glad i dont live in northern va anymore. dont miss it one bit.
good luck with the problem.

sean

djg
09-18-2007, 06:45 AM
reading all this makes me glad i dont live in northern va anymore. dont miss it one bit.
good luck with the problem.

sean

Well, thanks for that, but a given nut job can show up anywhere.

BumbleBeeDave
09-18-2007, 06:59 AM
. . . call me? :rolleyes:

BBD

Steelhead
09-18-2007, 07:13 AM
Does that mechanics uniform have a business name on it of where he works? You might not want to get close enough to find oout, but a cal to his boss that he is out there representing them that way might not be a good idea. Of course if you get him fired then he really may try to hurt you.

I had a guy come at a group of us the other night blaring his horn and swerving into our lane needlessly - in a company truck. Circle RB Drywall in Austin TX for all you custom homebuilders out there. Some people are just plain stupid - oh and this was one of the owners trucks - way too clean and fancy to be a field truck.

Steelhead
09-18-2007, 07:15 AM
a cal to his boss that he is out there representing them that way might not be a good idea.

Ooops - might be a good idea, or might not be a bad idea. Too early.....

Tom
09-18-2007, 07:53 AM
Those are the ones that crack me up. Names and phone numbers in giant block letters... and they wonder why somebody can identify them later.

On the other hand, I have called up people like the local supermarket chain Price Chopper to tell them that they have at least one very good driver on staff. In that case the guy held back instead of going around and taking a right turn in front of me, when I waved thanks he tapped his horn and gave a thumbs up... obviously a good natured smart move on his part. I let the company know about it, with any luck he gets an attaboy or something.

My cousin's wife has got me on the thank-you note, appreciation gig for good stuff that happens. It's kind of fun even if it makes no damn difference.

Sorry for the drift... hope the bike path guy smartens up one way or another.

Too Tall
09-18-2007, 08:06 AM
Tom, I was crossing the Bay Bridge last saturday and noticed for the last 15 miles 3 very BA looking Harley riders full leathers bad boy logos the whole magilla...riding like real old school riders do...staggered and they were riding real safe...so I paid the toll for all three behind me :) THAN took off like a scalded cat hehe.

Sorry for the thread drift ZNFNDL. Back to regular programming.

Sandy
09-18-2007, 08:18 AM
Two days of riding with reinforcements and the gut is again a no show. Atleast I am off to Massachusetts tomorrow for 5 days of riding.

I would highly doubt he is a member of this forum, as he is definitely not a bike geek. He usually wears a mechanics uniform, sneakers and rides an old mountain bike. Wait it does sound like Sandy ;)

Was he really really really handsome, with a special charm?? If so, it might have been me..... :)


Sexy Suave Simpleton Sandy

znfdl
09-18-2007, 08:29 AM
Was he really really really handsome, with a special charm?? If so, it might have been me..... :) Sexy Suave Simpleton Sandy

No, he was actually slobbering like a St. Bernard.

Sandy
09-18-2007, 08:37 AM
No, he was actually slobbering like a St. Bernard.

Yep! That was Sandy! :rolleyes:


:banana: Slobbering St. Sandy :banana:

BumbleBeeDave
09-18-2007, 10:29 AM
No, he was actually slobbering like a St. Bernard.

. . . I thnk it would be Kevan!

Seriously, though, maybe the best thing is to take a small digital camera with you and just snap a pic of the guy next time he confronts you. Murphy's Law . . . of course he will show up on the very next ride you have noone with you anymore! :crap:

BBD

JohnS
09-18-2007, 10:47 AM
.of course he will show up on the very next ride you have noone with you anymore! :crap:

BBD I always have "something" with me. As this thread confirms, the police can't always be there when you need them.

znfdl
09-18-2007, 11:21 AM
I am now carrying a digital camera and 10% pepper spray

Tom
09-18-2007, 12:04 PM
I always have "something" with me. As this thread confirms, the police can't always be there when you need them.

I carry a porcupine.

Stick 'em with quills! It's the only way!

pjm
09-18-2007, 12:15 PM
I carry a porcupine.

Stick 'em with quills! It's the only way!

You should be on this thread...
http://forums.thepaceline.net/showthread.php?t=33137

Sandy
09-18-2007, 12:16 PM
I carry a porcupine.

Stick 'em with quills! It's the only way!

There is a cute joke about porcupines and Porsche owners, but this is not the place to tell it.


Sticking Sandy

Too Tall
09-18-2007, 12:27 PM
Dewd, you gave away the punchline without even telling the joke :rolleyes:
xxoo, TT.

Sandy
09-18-2007, 12:31 PM
Don't think so.


Sandy

Sandy
09-18-2007, 12:32 PM
Dewd, you gave away the punchline without even telling the joke :rolleyes:
xxoo, TT.

I will PM it to you.


Bambi

beungood
09-19-2007, 06:19 AM
I always wanted to take a vacation in Va....

Find a Pepper Spray called "Freeze +P" it is a mixture of Oc Pepper spray and Cs /Cn mace teargas. we used that stuff in a comparison at a Police Academy and it was a handsdown "favorite". It is 5 or 6% concentration but is super hot. Sometimes the 10% can be too thick or not deploy as well...

39cross
09-19-2007, 07:07 AM
There is a cute joke about porcupines and Porsche owners, but this is not the place to tell it.
I always heard it was about porcupines and BMW owners...

William
09-19-2007, 07:20 AM
Here are a number of possible techniques for you to choose from to take care of the......problem. ;)


William

OldDog
09-19-2007, 08:15 AM
Not too long ago we had a similuar problem. We sent the gentlemen on a beautiful vacation into the Vermont hills to meditate for a spell. But first stripped him, super-glued his thighs and testicles together, stenceled in spray paint on his back "I am a pervert" and found a lovely rual road far from anywhere for him to explore in the middle of the night in his birthday suite with his hands cuffed. This gave him plenty of time to ponder his actions before hobbling into the hospital for some humbling surgery.

For as civil as we all strive to be, there are times when you need to send a strong message without the intervention of the authorities. Be creative.

Zin, in your case, take some friends with you, grab this guy and get his license/ID, let him know you know who he is and where he lives and to get on with his life and stop screwing with yours. Shake his hand and tell him to have a nice day. Heck, invite him on a club ride, he seems to need a life.

Dave B
09-19-2007, 08:18 AM
Zin, in your case, take some friends with you, grab this guy and get his license/ID, let him know you know who he is and where he lives and to get on with his life and stop screwing with yours. Shake his hand and tell him to have a nice day. Heck, invite him on a club ride, he seems to need a life.


Reminds me of the movie Fight Club.

Take his info and tell him you'll be keeping tabs on him.

Different motive, but similarily effective.

rwsaunders
09-19-2007, 08:42 AM
[QUOTE=OldDog]Not too long ago we had a similuar problem. We sent the gentlemen on a beautiful vacation into the Vermont hills to meditate for a spell. But first stripped him, super-glued his thighs and testicles together, stenceled in spray paint on his back "I am a pervert" and found a lovely rual road far from anywhere for him to explore in the middle of the night in his birthday suite with his hands cuffed. This gave him plenty of time to ponder his actions before hobbling into the hospital for some humbling surgery.

If you dropped that fellow off in a West Virginia town, they'd elect him mayor.