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. Truth Teller,
    OK, you want some attention? Here ya go.

    Do you have any sources for your claim that …”100% of the bikers smashing the windows and pulling the driver out were black”?

    I mean besides the right-wing, racist WND article by Colin Flaherty?

    http://www.wnd.com/2013/10/black-biker-gang-beats-suv-driver-in-nyc/?cat_orig=us

    WND’s lead-in:
    “(Editor’s note: Colin Flaherty has done more reporting than any other journalist on what appears to be a nationwide trend of skyrocketing black-on-white crime, violence and abuse. WND features these reports to counterbalance the virtual blackout by the rest of the media due to their concerns that reporting such incidents would be inflammatory or even racist. WND considers it racist not to report racial abuse solely because of the skin color of the perpetrators or victims.)”

    Let Mr. Flaherty speak for himself:
    “Black mobs routinely terrorize cities across the country, but the media and government are silent. Read the detailed account of rampant racial crime in “White Girl Bleed A Lot: The Return of Racial Violence to America and How the Media Ignore It.””

    The first chapter of Flaherty’s “White Girl Bleed A Lot” is entitled “There’s a Riot Going On” with the subtitle “Race riots are exploding across the country. Cops deny it. Newspapers too. Thank God for YouTube.”

    Cops and Newspapers are denying it? Such a conspiracy!
    Yes! Thank the Great White Deity for YouTube, that endless fount of TRUTH About Illuminati, the New World Order, that damned eye on the back of the dollar bill, alien abductions, Bigfoot, and Jewish blood libel.

    Mr. Flaherty, whose article you’re plagiarizing as sole source, quotes no sources for his allegation that the incident was racial. He made the whole thing up.

    “One, the mob was black, says the police report. Two, this is merely the latest of several such examples of racial violence on wheels, witnesses say.”

    But he doesn’t quote the police report, or quote any witnesses.

    Please, Truth Teller, relay to us more plagiarized lies from Colin Flaherty. We await your epistles.

  2. chill1184, I’m more of a libertarian and Neo than a Paleo. As with most of the mob violence in the country today, race is the main factor, with blacks being the cause of the majority of interracial violence. For every example of a gang of whites attacking a minority, there are a hundred examples of minorities attacking whites and Asians.

    At the end of the chase, 100% of the bikers smashing the windows and pulling the driver out were black. Call it whatever you like.

    Feel free to deny that minorities have a chip on their shoulders and a sense of entitlement, then turn around and cry about their victimhood and shift the blame when they’re caught or hurt.

  3. Individual Beasts raging together. Motorcycles can be a tool of tremendous freedom. …. When the Beast is freed …. Beastly things happen.
    Every individual on this ride is responsible. This was a twenty backed beast and they decided to hump, whatever or whoever they wanted.
    No torts or claims necessary. Every biker here & involved, is an accessory to a group think promotion of beastiness. They are all responsible for 1st degree intimidation with purpose and forethought. The actions of the driver were circumstantially rational and predictable. EFF these individual PIGs on their inidivdual bikes, with their groupthink Pig brains.

  4. Looked like kids looking for trouble…well they found it….too bad one was hurt so seriously, but they were probably lucky more weren’t hurt just as bad.
    The SUV driver used more restraint than I probably would have. If they had gotten me cornered in traffic I wouldn’t have taken any chances with my family…they’d have tire marks all over them…

  5. Nice to know that Truth Teller is providing the Pat Buchanan/Paleocon angle in throwing race into the discussion.

    The family did nothing wrong, if I saw a bunch of bikers surrounding my truck, Im getting out of there as fast as I can. If one of the dirtbags is in my way well those are the breaks. They’re lucky that the family wasn’t armed

  6. These “bikers” are indeed trash and to refer to them as being “uncontrolled animals” is insulting to wild animals.

  7. it looks like the person that was run over is one of the ones that helped stop the vehicle. Certainly seems like there wouldn’t be a good case there since the “victim” helped stop the vehicle where an attempted assault happened.

  8. One thing no one wants to say is that these bikers were ALL minorities, and the most violent of them were black. When Lien stopped on the West Side Highway, some of these riot-prone individuals immediately began attacking him. He did what any reasonable man would do when faced with a violent mob endangering his wife and child; he hit the gas.

    Obama’s sons love to intimidate people, but when those they’ve terrorized hit back, they cry about how unfair it all is. The guy who was paralyzed (rap name “Jay Meezee”) just learned a hard lesson about the physics of using a motorcycle to stop a Range Rover.

    Maybe if his public school had spent more time on math, science, and civics, and less time on social agitation and instilling a sense of entitlement, he might have been somewhere other than trying to trap an terrified Asian family for sport.

  9. DRS writes “Society must now care for the paralyzed individual, is that fair?” Not if he is deemed liable for his own predicament. He should be tossed by the side of the road for causing his own problem. Or if his action was the result of his buddies threatening the driver to such an extent then he has his buddies to blame and they can either care for him or toss him.

    It will be interesting to see how the facts turn out.

  10. RobinH45, You’re right and the CNN video seems to give us a better view of what transpired.

  11. I saw the video and at 24 sec. you can see that the motorcycle rider in front of the SUV turns around to look in the direction of the person filming and slows down a lot. That’s when the initial accident happened. Some vehicle can be heard honking but I don’t know which one. The cyclist initially hit drifts over into the van’s lane, crowding it immediately before cutting around the van and slowing down. The original accident was caused by the cyclist IMO. It looked like a pretty chaotic situation as they passed the van.

    We had a roadhouse with pretty good food a couple of miles from my house on the way to the nearby river/park. We would get groups of bikers on their runs on the way to the river and points beyond that would stop at that roadhouse on their way to the river and coming back from the river on the way to the highway. They were pretty orderly, and I drove in front of them a couple of times as well as observing them in front of me.

    They seemed to be well organized: a couple/pair of them would take and control a lane and the groups generally rode in series like that, in one or more lanes. It really looked like a some kind of choreographed movie scene and it was impressive. Once, a number of them passed me coming out of the lane I was in from behind and it was very orderly. I got to check out their bikes (nice) and didn’t feel cowed or crowded and no one cut me off. Those groups, which I would see a couple of times a year but haven’t seen in a few years since the roadhouse closed, seemed to pass in a safer manner than the group in the video did.

    If they started to hit his van and get threatening after the initial contact when he seemed to be stopped then I can see him running to get away even if he ran over somebody.

    Driving tip: I always slow down and put a bunch of space between myself and a motorcycle(s) in front of me because they can stop quite a bit shorter than an auto does. That can get them hit accidentally if there is a problem/obstruction laying in the road or cycle malfunction and they have to stop in the road. Slow down and give motorcycles some goodly space in front of you if you can do it safely.

    1. If they started to hit his van and get threatening after the initial contact when he seemed to be stopped then I can see him running to get away even if he ran over somebody.

      That is a more reasonable take on this, but I did not see a group of bikers get off their bikes after that slight hit. The SUV looked like it simply ran over the bikers with no other action on their part other than they had stopped.

  12. “It’s too bad that one cyclist was seriously injured…” -bettykath

    Agreed.

    “…but when you engage in stupid and reckless behavior, shxx happens.” -bettykath

    It certainly does. “Stupid… reckless”…and thuggish, IMO.

  13. RobinH45 wrote:

    “wow there is a whole section missing from the video… what started it all was one of the bikers deliberately swerved in front of liens suv and put on his brakes causing lien to bump him”

    Here is some video shown by CNN:

    http://edition.cnn.com/video/data/2.0/video/us/2013/10/01/newday-berman-bikers-vs-suv-road-rage.cnn.html

    http://edition.cnn.com/2013/09/30/us/new-york-bikers-road-rage-video/index.html?iref=allsearch

  14. I saw two cyclists move in front of the suv and stop, while many other cyclists were otherwise around it. We don’t see what happened immediately after that. Did other cyclists threaten Lien as they did later?

    If I were driving and a horde of cyclists surrounded me, preventing my forward movement on a one-way highway, I would be in fear for the life of myself and those riding with me. Imo, the cyclists were looking for trouble and found it. It’s too bad that one cyclist was seriously injured but when you engage in stupid and reckless behavior, shxx happens.

  15. To all the non-lawyer biker types chiming in, the bikers had no legal right to pursue and assault the driver EVEN IF they thought (correctly or incorrectly) that the driver committed a crime by running over a bike at the beginning of the video. This is not the wild west or the middle east, and the law does not permit street-justice administered via beating. Many of these bikers will be convicted. The fact that the driver will likely be found completely innocent in the ordeal based on reasonable self defense and flight is, of course, another conversation entirely.

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