They are coming out of the woodwork.
From my previous post with minor corrections:
This well known Hollywood hot shot lawyer (Mark Geragos, lawyer for Michael Jackson and Trayvon and other high profile cases) was just on CNN with Anderson Cooper said:
Lien should have been arrested for hit and run.
The cyclist who stopped in front of Lien's SUV and looked back to the SUV was trying to signal Lien to slow down because Lien was driving too fast on the road, Lien ran into him instead.
The undercover cops were banging on Lien's SUV trying to arrest him for hit and run.
By Danny Cevallos, CNN Legal Analyst
updated 3:11 PM EDT, Fri October 4, 2013
How fine is the line between victim and defendant? Consider how the law might apply to these facts:
First, in the video, a motorcyclist appears to deliberately slow down in front of the SUV, which then collides with the cycle. The law in most states presumptively holds the rear ending vehicle liable. If the driver in front makes a sudden stop, that can overcome this presumption. But in the case of rear enders, even defense attorneys will often concede liability, so it's certainly possible that a jury could find Lien completely at fault for an accident.
Video shows motorcyclists fighting driver
Second, as bikers surround his vehicle, Lien speeds away. As he drives off, motorcyclist Jeremiah Mieses is run over in the chaos. Mieses remains hospitalized with two broken legs and spinal injuries and might be paralyzed for life. Those are very serious injuries under any civil standard or penal code.
If it's proven that Lien ran over Mieses, he could be considered a "fleeing felon." New York, like other states, criminalizes leaving the scene of a motor vehicle accident. In a case like this, in which someone is seriously injured, flight is a potential felony. So was Lien fleeing for his life, or was he a fleeing felon?
Third, it's true that a lot of bikers gave chase. Was this alone permissible? In New York, a citizen acting on his own may use non-deadly force to prevent the escape of a person who has committed a crime. Lien's tires were slashed and his windows bashed in. Was that appropriate force? Those acts themselves are non-deadly. If so, were the bikers apprehending a fleeing criminal within the law?
Finally, if any of the bikers charged claim they were justified in preventing the escape of a criminal, the burden is on the prosecution to disprove it and disprove it beyond a reasonable doubt.
Police officers have the unenviable task of making snap judgments under chaotic circumstances. They're human, as is their process of assigning blame. New York Police Commissioner Ray Kelly says the investigation is continuing. More arrests on more serious charges may follow.
Motorcyclist Christopher Cruz faces reckless driving charges after police say he was the one who slowed down in front of Lien's SUV and touched off the whole bloody encounter. Nobody has been charged yet in the actual beating that sent Lien to the hospital, but Cruz's attorney has told reporters that his client is not guilty.
Unfair or not, Lien is in more and more troubles than one many think. Regardless of what may happen in the criminal case, just wait till the civil suit, god almighty!
In a world where wild vicious animals seem to be offered more protection than the law abiding citizens, what are we to do if similar event happens to us, we the law abiding ones? (And please don't quote that rather-judged-by- 12 line because as we must know by now, that ain't the end of it---)