New York Police Make First Arrest in Biker Attack on Family (Updated)

wife.jpgPolice have made an arrest in the extraordinary case of a gang of bikers who terrorized a family of Alexian Lien, 33, in New York City. One of the bikers filmed the entire chase and attack and then posted it on YouTube. He may have succeeded in incriminating his colleagues, including Christopher Cruz, 28. Cruz was charged with reckless endangerment, menacing, reckless driving and acting in a manner injurious to a child less than 17. (Update: A second suspect — Allen Edwards, 42, of Queens, charged with reckless endangerment, criminal mischief and menacing. He is believed to be the man seen on video below striking the Range Rover windows with his fists.).

One jacket has been identified as belonging to a New Rochelle motorcycle club. Moreover the videographer is identified but has not responded to inquiries. The bikers were engaged in a rally that they call “Hollywood Stuntz” in which they engage in obnoxious road stunts and generally harass drivers. The police arrested 15 people, confiscated 55 motorcycles and issued 68 summonses for the stunts starting in Times Square unconnected to the Lien attack.

The video shows Lien and his wife and child being stopped by the group. The bikers reportedly started denting the SUV with their helmets and may have slashed its tires. Lien is shown trying to escape by running over motorcycles and hitting at least one person. That person Edwin Mieses may be left a paraplegic after surgery for injuries to his heart, lungs and ribs.

100113_ff_motopsycho_640The video shows the bikers pursuing the fleeing SUV and making an attempt to enter it when stopped in traffic. Ultimately, bikers catch the SUV a third time and shatter the windows and attack Lien in front of his wife and daughter. Lien was pulled out of his car and slashed and beaten by the bikers.

166373_476227851052_6517087_n.jpgA person attacking in self-defense is afforded some leeway in flight. In torts, Lien would not have been able to use the vehicle to hit Mieses or others to protect the vehicle from property damage. You are not allowed to use force calculated to cause serious bodily injury or death in defense of property. However, the attack on the vehicle can be viewed as a threat to the family and thus the broader privilege of self-defense would apply. It is not clear that Mieses was attacking Lien but his motorcycle appears to be one of those blocking his escape. While the bikers can claim that the physical assault only came after they were attacked, it lends credence to Lien’s fear for his family. Moreover, even if responding to an attack on them, the common law does not extend the privilege of self-defense for the bikers to cover retaliation (which is involved in the pursuit and trapping of the family before the attack). The bikers may clearly seek a citizen arrest in blocking the SUV but the attack escalated such an effort into an unprivileged assault. At that point, the SUV does not appear to be moving or threatening the bikers.

The criminal and tort liability of the bikers could be based on their participation in trapping the family like fleeing game. The thuggish conduct of the rally before the attack could be cited as evidence of their culpability and modus operandi. As for the family, Mieses and other could sue by claiming that they are not part of those threatening the family and were negligently run over by Lien. In other words, this could be a complete mess with over-lapping and conflicting claims.

65 thoughts on “New York Police Make First Arrest in Biker Attack on Family (Updated)

  1. Not a lawyer but I have a little common sense. Mieses was operating a vehicle with a revoked license. Why exactly would he even have a case?

  2. when you want to really get to the bottom for the trouble and true blame you have to look at the so called bikers riding for the (fun?) of it, if the bikers really didn’t want any trouble they could have dropped back, accelerated ahead of the suv and just plain left them alone but this is not the mind set when you have a gang of bikers out riding together and if you like it or not they were raising hell and taking over the road in a dangerous and law breaking manner. you say the driver of the suv (lien) didn’t have to run over a biker to get away, well, just look at what happened to lien when they finally got him cornered .If you bikers were riding according to the rules of the road (see manuel for motorcycle riding) you would not have been a threat to the suv in the first place and the thing that you didn’t expect was lien to protect himself and his family from you bikers/? and sadly enough the thing that usually happens when you corner some one to threaten harm or the intent of it is that the victim fights back and fights anyway he can. To hell with how much force and did he have a right under the law, and did he say pretty please will you let me and my family go, this plain bullshit, you were a bunch of so called hard ass hard riding bikers and you were going to own the road, nobody else’s rights counted, after all, you bikers are invincible, well, you didn’t read this guy right and you paid the price and yes all of the bikers on the film and all that can be id-ed should be in jail right now. what do you say police and judges etc. of the world’s finest are you going to uphold the law or start nit picking it to death to let these stupid juvenile bikers off the hook because it is the easy way to go. Watch out Lien, you may go to jail and have your suv impounded for defending yourself and your family, what a country we have become, it makes one sick, if you can’t be safe on this particular road then you won’t be safe anywhere these immature bike rides are out showing off an endangering everyone around them including them selves. i wonder if they were going after any old ladies next?–watch out Grama, the law won’t help you, look up how many cell phone calls the driver of the suv’s wife made and never got a police officer. This should be a warning to anyone that wants to go on vacation especially with a motor vehicle etc., do not go to New York City on vacation or a visit as you could wind up going to jail for protecting yourself while you are there. under any circumstances. not worth it!

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