reckless SUV at CRANK MOB
Thread started by
hitsthepoles_ow at 09.21.08 - 12:09 pm
If someone was injured, if this was the culprit...
I wanted to make available the photo I had of the SUV that had that horrible horn and was swerving at people
http://ezinearticles.com/?License-Plate-Search---How-to-Trace-License-Plate-Numbers-Online&id=478904
calling the police is one thing,
taking a person to civil court is another
people can do both
hope everyone is OK
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Thanks for getting a pic of that guy. I hope he's brought to justice. What was freaky about him too was that all the windows were tinted completely black.. I couldn't see inside at all.
maddox09.21.08 - 12:16 pm
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In case you can't read the plate, the original photo is higher res and the license plate quite clear and detailed
resist the urge to retaliate animal style.... email me if someone needs the info for legitimate action
griffith.brett [at] gmail [dot] com
hitsthepoles_ow09.21.08 - 12:28 pm
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I saw this guy turn onto the street we were riding where it all started... At first we thought it was an undercover cop or something, then he started with the horn and swerving. Pretty scary, made the girl in front of us eat shit.
Then, he kept circling around doing it again.
And finally, when we stopped at Albertsons, I saw him sitting in his car on one of the side streets when I went to pee. He eventually left, but it was really strange... almost like he planned to do this last night.
I just gotta stress, be careful, cuz you never know how crazy someone is.
Leetard09.21.08 - 12:58 pm
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I called 911 right after and reported the license plate, location, that he was reckless driving, and assault with a deadly weapon.
They said they would report it in. Whatever that means.
Joe Borfo09.21.08 - 1:01 pm
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First of all...THANK YOU SO MUCH to everyone that stopped and helped me out when my girlfriend, Alicia, ate it after this guy turned on to Venice from McLaughlin and starting blaring that loud ass horn at everyone. I know there were quite a few people that stopped and I remember some of the faces, but only two names...Andrew and Roxy? I'm pretty sure I was freaking out, so all your help was GREATLY APPRECIATED.
Unfortunately, my girlfriend's injuries were a little gruesome and burned into my memory forever. We spent the night in the ER. Luckily there were no serious injuries (fractures) to her head, neck, jaw or left knee. She did require stitches to close up her knee and will see an oral surgeon for her missing tooth tomorrow morning. She is doing ok, but she is pretty traumatized by the experience and I'm sure you won't be seeing us on any rides any time soon.
Second, thank you for posting the picture of the guy's plates. At least I know now that I wasn't imagining things. I will be doing everything within my power to see that this guy is punished for his reckless driving and the injuries to my girlfriend. We'll see if my state bar license is worth anything in this case.
Hopefully no one else was injured.
Third, please contact me if you saw her go down or if you helped out till the paramedics came.
danny_jimenez[at]hotmail.com
(the guy in the lobster hat and glasses)
DJwheels09.22.08 - 12:22 am
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Please keep us up to date. And anyone who can help out there case please do.
studiodrome09.22.08 - 12:33 pm
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PLEASE PLEASE PLEASE make sure this asshole gets his. DJ WHEELS needs everyone who saw this incident. please take time to help him out and to find this asshole.
Roadblock09.22.08 - 12:41 pm
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good thing shes ok dude. Tell her not give up on rides just ride a litle safer and get that bastard please.
Debut21309.22.08 - 4:57 pm
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I saw the incident and called in to 911 about the license plate. If theres any way I can help, you can reach me at
joe.borfo at geeemail.com
Joe Borfo09.22.08 - 5:00 pm
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I just wasted 39.95 on some license plate lookup website. (I have a few I'd like to look up) it's complete bullshit. I'm trying to get my money back from paypal.
Roadblock09.22.08 - 5:03 pm
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You guys need to go to the police in the jurisdiction where this happened. Several of you filing a report about the same person will make it more legit. Take that license plate number with you. You guys can have this guys ass...but not if you do nothing...
el_spaniard09.22.08 - 6:33 pm
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Wow that really sucks! I didn't even know it happened. If things don't get anywhere the legal route I'm in for the animal style retaliation!
Ratpick09.22.08 - 7:37 pm
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Animal style retaliation would be hypocrisy.
imachynna09.22.08 - 7:38 pm
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Just find the vehicle, paint the curb red, and report that its blocking an old lady's car.
Just repeatedly get it towed until the driver:
A) Head asplode from over-frustration of impound fees.
B)Finally realizes how much impound fees and bus fare are costing him to get to impound yard, forgets about car and becomes one of us.
or
C)Breaks down like a bitch and his little ass now has to get a little car and get laughed at by his football/pool-table buddies.
bentstrider09.22.08 - 7:53 pm
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this guy was without a doubt lurking in the dark, right outside of the albertsons, after he had already caused the injury (i didn't know to what extent someone was hurt at the time). we saw him, without lights on, intentionally waiting, and then he peeled off and honked the horn again. so sorry to hear that someone was badly hurt. best wishes alicia, speedy recovery.
nesoxochi09.22.08 - 8:23 pm
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Lurking in the dark?
Someone should've just said he was brandishing a pistol and pointing it towards the group.
I dunno, but on future calls, I'm guessing police response would be quicker if hit'n'run, rape, kidnapping, or weapons were mentioned.
bentstrider09.22.08 - 8:51 pm
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guys I don't promote violence, i promote self defence. But next time someone barrels towards you in a vehicle with intention to harm and is sucessful. You sacrifice your bike in self defence and throw it directly at his windsheild. When he gets out and approaches you, and he will if you fuck up his car, beat his ass and hold him down into the cops come. I checked with my lawyer friend and he said that any action against this individual after he intentionally injured that girl is easily defendble as self defence for your life and the life of the other bikers.
Take a moment when things like this happens and see the bigger picture, more people can get hurt when predated by a coward in a vehicle that can kill you!
Mohicano09.22.08 - 9:51 pm
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Well said.
If that little punk wants to try that, then any defense he had has just been thrown out the window.
Weapons Hot!!!!
bentstrider09.22.08 - 10:12 pm
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I support self-defense as well. But, before you take such action, you need to understand what kind of consequences may arise from those actions. Don't forget, we live in California. Not every thing is crystal clear in this state. There have been people who shot someone in self-defense that quickly found themselves in prison or being sued in civil court.
Before you take a bicycle and chuck it at someone's windshield you have to consider that you may be handcuffed and taken in as well. You may get sued. Do you have the money to defend your case? If you do, then throw your bike at that prick. Then beat the shit out of him when he gets out. If you don't got the money, then the best thing you can do is call the cops, get a good description of the vehicle, and say you saw a gun. Let the cops beat the shit out of him and get sued. Save yourself the trouble.
Plus, you never know...that guy may actually have a gun. No U-Lock on earth is going to stop bullets being shot at you. Unless your one badass mother.
el_spaniard09.22.08 - 10:36 pm
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where were all the cameras?? i mean, i understand we were riding... but i've seen a lot of videos of people riding filming. this is the type of stuff we need to capture. just a thought.
Jazzy Phat Nastee09.22.08 - 10:40 pm
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Let's see this loser try this shit in Texas, or Arizona.
"Make My Day" laws are kick ass.
Not trying to yank any chains here, but California should seriously get it's head out of the ass, and do away with this liberal-treatment towards aggressors.
Life would be easier, prisons wouldn't be so overcrowded, and more shov'aburger to be bought from the store.
bentstrider09.22.08 - 11:01 pm
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put drano in a plastic bag and then put it in the tank..
few minutes, then BOOM!!! YAYAYAYA
Don't actually do it, just imagine it for personal pleasure
richtotheie09.22.08 - 11:05 pm
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Or, just remove the secondary fuel-pump from the chassis.
With all these new vehicles, if anything is taken out, it will not start worth a damn!!!
bentstrider09.22.08 - 11:07 pm
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Police, more often than not, respond to multiple calls reporting someone who appears to be driving drunk (i.e. 'swerving through two and three lanes, laying on horn, actively attempting to swerve towards other VEHICLES (bikes are vehicles). You have to sound kind of calm etc. when you call too....
Just stating that is more effective than saying 'car vs. cyclists' or 'assault with a deadly weapon' cuz we're not exactly favored peoples/the law determines that... have to use very basic behavior-oriented language.
Don't get me wrong... my head wasn't exactly clear when this all went down.. aggression almost made me a fool.
hitsthepoles_ow09.23.08 - 2:11 am
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@
JOE BORFO: I emailed you, please contact me.
@
LEETARD: Please contact me.
@
anyone that saw the SUV doing anything dangerous or strange:
PLEASE WRITE DOWN WHAT YOU SAW, SO YOU DON'T FORGET and then contact me or contact LAPD: Pacific Division at (310) 482-6335 and tell them what you saw.
DJwheels09.23.08 - 10:10 am
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I really wish I saw this happen, and could help you.
Graham09.23.08 - 10:12 am
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UPDATE:
I called up Pacific Division last night to follow up on this incident. I spoke with a Lieutenant Day who did not know what I was talking about and had to talk to his Sergeant and Communications to see about the particular call involving a Toyota Highlander at 1:30am on Sunday on Venice between McLaughlin and Sawtelle.
A Sergeant Ornales(?) called me back three hours later, but I missed the called and he left a voicemail. The message said there was a call regarding a Highlander and there was a log entry. However, there were no reports of a victim or any other witnesses!!
(end of message; no other explanation).
IF YOU WITNESSED:
-A Highlander SUV swerving at cyclists at this particular location
-A Highlander SUV blaring a horn behind cyclists
-A Highlander SUV behaving strange or following and waiting for cyclists
-A Highlander SUV blow through a red light at McLaughlin and make a left onto Venice going eastbound
-A cyclist fall as a result of any of the above
PLEASE CALL PACIFIC DIVISION AND TELL THEM WHAT YOU SAW.
DJwheels09.23.08 - 10:30 am
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12312 Culver Blvd.
Los Angeles, CA 90066
310-482-6334 Voice
310-202-2800 TDD/TTY
studiodrome09.23.08 - 11:16 am
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@roadblock
If the SUV caused an accident and didnt stop doesnt that count as a hit and run? In that case you can take the license plate to the DMV and get info.
larsenf09.23.08 - 12:04 pm
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I think so. Even though he didn't technically impact her, he was attempting to.
Joe Borfo09.23.08 - 12:07 pm
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can we confirm that the license plate is 4YWK684 ? It looks like that but hard to tell on the Y
Roadblock09.23.08 - 12:13 pm
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That is the correct plate #. Hitsthepoles sent me the higher res picture.
DJwheels09.23.08 - 12:36 pm
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That's the number I wrote down too. Silver Highlander.
Joe Borfo09.23.08 - 12:40 pm
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THERE HAS TO BE SOMEONE WITH A HOOKUP FOR CA PLATE ID
Roadblock09.23.08 - 12:41 pm
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your mom is the police department's job
Roadblock09.23.08 - 12:45 pm
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Roadblock...that portion of my investigation is complete all ready.
We just need as many witnesses as possible to come forward and report all the different eff'd up things this vehicle was doing.
That way it will be easier for LAPD to do THEIR job and more reason to get off their asses and followup on all the different leads.
DJwheels09.23.08 - 12:49 pm
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"Before you take a bicycle and chuck it at someone's windshield you have to consider that you may be handcuffed and taken in as well."
You also may hurt the person in the drivers seat, etc. What if there were kids in the car? One has to be very careful.
Also, Ive asked my cousin for some help in regards to looking up license i.d's. He might have a hookup.
Speedy recovery Alicia.
Coe coe buttaa09.23.08 - 12:49 pm
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nice DJ nice. hope that lots of witnesses come out. there are some hospital bills to be paid and criminal charges to be filed.. good work.
Roadblock09.23.08 - 12:52 pm
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Be very careful about looking up License Plate numbers through connections. JDIC should not be fucked with. I know of many people who lost their jobs that way. If your connection runs that plate and it comes back 10-35 (stolen or confidential), then your connection is going to have some explaining to do when said vehicle isn't recovered/accounted for. Your best bet is to leave this up to the cops. Not go looking for addresses and names and shit. That's how you get restraining orders or gun shot wounds. Do this shit the right way. Get as many witnesses as possible and NAG NAG NAG until LAPD goes knocking on this fuckers door. This guy was being reckless, was stalking you guys, and assaulted someone with his/her vehicle. You guys were lucky enough to get a plate and several witnesses. I wish I was there so I could stir up a shit storm...but I wasn't...
el_spaniard09.23.08 - 2:14 pm
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If someone knows how to get a hold of LEETARD, please have him or her contact me.
It's all about corroborating evidence and statements....every little bit helps.
THANKS!!
DJwheels09.23.08 - 2:14 pm
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Not sure what it is worth, but did anyone else see someone in the passenger seat? That makes this even more heinous and seemingly intentional.
This person may also have to do some explaining if they can be eventually be identified.
hitsthepoles_ow09.23.08 - 2:21 pm
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I plan on going to the PACIFIC DIVISION station tonight after work.
If anyone else would like to be added to my witness list PLEASE contact me and leave your name, number and brief description of what you saw.
Alicia and I thank everyone who has offered to help so far.
DJwheels09.24.08 - 9:29 am
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BUMP....for everyone that felt threatened by this douche bag.
DJwheels09.24.08 - 4:03 pm
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BUMP for anyone who wants to make a broad statement that we will not tolerate harassment.
Roadblock09.24.08 - 4:05 pm
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UPDATE:
So my friend and I made the trip out to the LAPD - Pacific Division Station last night to file a report on the TOYOTA HIGHLANDER.
The station was actually quiet and no one else was there when we walked in, which was good for us because it gave the officer at the front desk time to actually deal with us.
I dropped about ten pages full of witness contact info and brief statements, pictures of the HIGHLANDER and pictures of injuries to the victim on the front desk.
1.5 hours of explaining what we saw and 1.5 hours of report writing later by Officer Choung....a report was finally filed! At first, he had a little trouble grasping the concept ("safety") of a social night ride on city streets, but he understood we weren't kidding around about what happened that night. He agreed that what we were describing must have been scary for anyone involved. He later admitted that he rides a bike at the beach when time allows.
After consulting with his superiors, the charge listed on the report was for HIT AND RUN BY INFLUENCE. I think this is a fair assessment based only on the facts we provided about our own experience and the resulting injuries to Alicia. Perhaps after all the witnesses are interviewed more charges or counts may be added.
@
witnesses
IMPORTANT: If the car swerved at you and you reasonably felt the Highlander was going to hit you...this could be considered ASSAULT WITH A DEADLY WEAPON....and you may ALSO be a VICTIM, not just a witness. Please take the time to explain if you felt threatened by the Highlander to the investigating officer if and when he or she calls.
Next step:
The report is going to be sent to a detective at the West Traffic Division. I will be calling to follow up in a couple of days to find out a report # who the investigating officer will be. I will post this information as soon as I get it so anyone else who wants to give a statement later on may contact them directly.
DJwheels09.25.08 - 4:35 pm
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why does the term "You may Also Be a Victim" bring to mind those ads you see on TV during the day...?
FuzzBeast09.25.08 - 4:39 pm
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Anyone know the condition of the girl who actually fell down and hit her face on the ground? Is she OK? We waited for the ambulance and they arrived pretty quick. She was semi-conscious at that point.
skd09.25.08 - 4:42 pm
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I was totally swerved at by him. I was there when your girl fell. I've spoken to you and given you my info. What else can I be doing to make sure he goes down?
Joe Borfo09.25.08 - 4:42 pm
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@fuzz
I know...i totally felt like Larry H. Parker for a minute.
@skd
That was my girlfriend. She is recovering slowly. The first couple of days were really depressing. She looked pretty beat up. She's going to be limping until the stitches on her knee heal up. The swelling around her lips is going down now. She's got a temporary tooth for now, but there will be lots of trips to the dentist in the future, which sucks. She was wearing her helmet so no major head injuries.
@borfo
hey, give me a call when you can....the reporting officer tried calling you last night to verify personal information but there was an issue with the number you gave me.
once the investigating officer is assigned he will most likely call you. tell them you felt you were assaulted, explain exactly how. if he doesn't call, you can call them up directly. I'll post the investigating officer's name and # once I have it.
DJwheels09.25.08 - 5:13 pm
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no the bullshit part of this was...
that he seemed to be following us
through out the end of the ride
someone if not everyone at crank mob who saw him
plz lets take the cocksucker to court
RENEGADE09.25.08 - 7:51 pm
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IF THE PERSON IN THE HIGHLANDER IS READING THIS...
YOUR FUCKED!
el_spaniard09.25.08 - 8:17 pm
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DJWheels man you are very organized and rockin it. I can't wait for this guy to get his!
Roadblock09.25.08 - 10:57 pm
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update on police report:
I called WEST TRAFFIC Division Detectives today. Officer Shue (sp?) informed me that the report has not been "audited" yet, so there is still no investigating officer assigned. He estimated that the report would be "audited" around Wednesday and probably have an officer assigned by the end of the week.
However, he did tell me that the report has received a #, which I suppose is progress.
081427447
Stay tuned for another update once I find out the investigating officer's name.
update on Alicia:
She will attempt to go back to work tomorrow after missing the last 6 days.
DJwheels09.29.08 - 5:25 pm
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UPDATE:
I got a call from Officer Brown - West Traffic Division. (213) 473-0235. He had all ready spoken with Alicia earlier today and was calling me to get an idea of what happened. He was pleasant to speak to.
After explaining to him what I saw with regard to the Silver Toyota Highlander, he said that the report would have to be re-classified because it sounded more like a case of ROAD RAGE, which is "intentional," and not a typical "traffic collision," which is "unintentional" for their department's investigative purposes. Apparently WEST TRAFFIC really only investigates traffic collisions.
The report will be sent back to PACIFIC DIVISION so the charges can be re-evaluated and investigated with one of their detectives as a case of ROAD RAGE.
Although I don't like the idea of the report being tossed around between divisions like a hot potato, I am comforted that at least Officer Brown understood the nature and severity of the incident and reassured me that, considering the amount of evidence and witnesses I produced, the report would be investigated. I only hope the fine detectives at Pacific Division share that sentiment. I will be calling them on Monday to find out if they do.
Be careful and ride safe out there this weekend.
DJwheels10.3.08 - 1:04 pm
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Well, that sounds pretty damned good.
By all accounts of what this individual was doing and how he was acting, road-rage nonetheless.
bentstrider10.3.08 - 1:07 pm
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not nearly good enough.
Threatening vulnerable peoples lives with a vehicle and incurring accidents to happen is way beyond Road Rage.
Damn it.
Posting his address in out of the question?
Joe Borfo10.3.08 - 1:18 pm
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Nothing is out of the question, but posting the registered owner's address is probably a bad idea at this point considering the LAPD still haven't really attempted to look for the person yet. Don't really know if the person is a flight risk, you know.
However, we all have the guy's plates and a description of the vehicle There is nothing stopping an individual from going back to the scene and doing their own investigating.
DJwheels10.3.08 - 1:33 pm
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DJ Wheels,
Massive props for being so smart and diligent about this.
#1 I hope justice is served in this case!
#2 I hope all your hard work can serve as a lesson for fellow ridazz to see how to deal with something like this.
RIDE ON!
JUSTICE ON!
trickmilla10.3.08 - 2:26 pm
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Hey DJ, a couple of my friends said they were there when they saw the accident. Do you still need their reports?? They don't normally frequent this website so I can ask them for you if you need me to. I wasn't there to see it but I remember them telling me what happened at Crank Mob. It is really upsetting that that person was out trying to run people off the road and succeeded in hurting someone.
batgirlkarla10.3.08 - 3:23 pm
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@trickmilla
If I wasn't an attorney, I'd probably give in to my primal urges to find this guy and bash his face in. But I'd probably lose my license, my job and ruin any criminal or civil case against the driver. So I have to keep a cool head.
In the meantime, I'm going to play watch dog and learn as much as I can from this awful process.
@batgirlkarla
The more witnesses there are, the stronger the case and the more likely this person is punished. Please share my email with your friends and have them get a hold of me.
DJwheels10.3.08 - 3:52 pm
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WHATEVER HAPPENED TO THIS?
DID JUSTICE GET SERVED?
PLEASE UPDATE!
X-Large01.20.09 - 12:36 am
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it really goes to show you how much you have to follow up to get justice, even when someone is so egregiously reckless. this should serve as a lesson that we all need to take more initiative with reckless drivers. there was a road rage an incident that happened at Taco Tuesday. it makes me wonder if they ever really looked for him, or just gave up after he was out of the area.
tortuga_veloce01.20.09 - 1:21 am
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YEA, I'M HOPING FOR AN UPDATE ON THAT AS WELL, I THINK LOUIS WAS THE MAN WHO FILLED OUT THE POLICE REPORT ABOUT THE GUY WHO ATTACKED HIM WITH THE KNIFE.
LOUIS, ANY NEWS?
BUT - I'M NOT AS WORRIED ABOUT "THAT" INCIDENT SINCE THE GUY IN THE BENZ GOT A GOOD BEATING AND HAD HIS RIDE FUCKED UP BY THE CREW. TACOS RULE!
X-Large01.20.09 - 1:38 am
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HE'S SERVING A WEEK HANDCUFFED TO EDDIEBOY.
barleye01.20.09 - 10:05 am
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THAT'S TOO MUCH PUNISHMENT FOR ANYONE. LOL
X-Large01.20.09 - 2:21 pm
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UPDATE:
I would have liked to give everyone weekly updates over the last few months, but unfortunately most of them would have looked like this:
"Left message for Detective Brady, no call back."
The one time I did speak with Detective Brady was back on November 5, 2008, where she asked me for my account of the incident. She asked if I could identify the driver of the SUV and told her no, but I urged her to speak with all of the other witnesses I gave her.
After leaving many messages for Det. Brady and allowing the holidays to pass with still no word from her, I spoke with the supervisor of the major assault crimes desk, Detective Housolder (sp?) on January 6, 2009. He looked up the file and told me that Det. Brady had been in her own traffic collision recently which may have delayed her investigation. What a coincidence, I thought.
Based on her investigation, her notes stated that the elements of road rage could NOT be established. I asked some questions and learned from Det. Housolder that according to her notes she had not identified or spoken to the registered owner of the vehicle to determine who was driving the vehicle that night nor had she spoken with any of the witnesses yet.
Housolder then offered to assign the case to a different detective to "re-open" the investigation. I was grateful and specifically pointed out the different witness accounts and which ones may be able to identify the driver of the vehicle that night. He said he'd have a detective call them all up.
I called to follow up this morning and I learned that Detective Walton is now the investigating officer. I finally spoke with him about an hour ago. We discussed the case AT LENGTH. As long as I had him on the line and open to listening to me, I was going to keep talking.
He hasn’t called any of the witnesses yet, but he will be investigating it now as a reckless driving charge. I said I’d be calling back in a week to see if there’s any progress, and he said that was fine. Hopefully he gets in touch with all the witnesses.
@witnesses
PLEASE CALL HIM BACK IF HE LEAVES YOU A VOICE MAIL.
I explained to him that there are many instances of harassment by motorists that go unreported by cyclists because we are often caught off guard or all alone. This was one of those rare instances where many people saw what happened and even managed to get a picture of the plates. It really couldn’t be any easier for him.
Thanks everyone.
Ride safe.
dj
DJwheels01.20.09 - 6:17 pm
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You rule DJ Wheels!
I'm so happy that yu are still on the case.
It is amazing how easy it is for something like this to fall through the cracks. How hard one has to work to keep the wheels of justice on the right track.
The squeaky wheel gets the oil and I am glad you are not going to stop squeaking until this case sees its proper conclusion. Hopefully the cops haven't in by dragging their feet on this.
trickmilla01.20.09 - 6:32 pm
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REPORT THE SUV TO THE DMV AS A GROSS POLLUTER.
HE WILL HAVE TO TAKE THE TIME,AND PAY FOR A SMOG CHECK.
Dedicated81801.20.09 - 7:59 pm
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You would think that's what would happen, wouldn't you? I reported a couple of gross polluting vehicles. After about the third one, I started asking about what happens to the driver. Turns out they send what amounts to a courtesy letter asking them to take their cars in to get them checked!
Our tax dollars at work!
User101.20.09 - 10:54 pm
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UPDATE:
Detective Walton from Pacific Division has managed to locate the registered owner of the vehicle and get a statement with their version of the incident.
Det. Walton will now be contacting the WITNESSES listed in the police report.
If he calls you...please try your best to recall the incident.
Thanks.
ride safe
dj
DJwheels02.6.09 - 5:48 pm
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This is great news. Should be interesting to see what happens. Keep up the good work DJ.
User102.6.09 - 5:51 pm
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UPDATE: Good News.
Ok, so after a few more weeks of waiting and leaving voice mails, I heard back from Detective Walton today.
He completed his report and turned it over to the City Attorney's Office at the L.A.X. Courthouse on Thursday April 9, 2009. Based on all of the witness statements and evidence, he concluded that there was enough facts to support a RECKLESS DRIVING charge against the driver of the vehicle.
It will still take a few more weeks before the City Attorney makes a decision whether to 1) file the criminal charge with the court 2) decline to file the charge and toss the report in the trash or 3) to ask Walton for further investigation.
THANK YOU to Borfo, Lee, Mihai, Ron, and Brett for willing to be witnesses, especially Brett for snapping the picture of the plates. All this would've been impossible without that picture.
Ride safe.
dj
DJwheels04.16.09 - 4:50 pm
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Good 2 Hear, keep on with it!!!
X-Large04.16.09 - 5:12 pm
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Hopefully the justice system bends the driver over and gives it to him/her in the ass!
el_spaniard04.16.09 - 6:03 pm
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This is awesome news! I wonder if putting some pressure on the DA to file would help?
User104.17.09 - 10:46 am
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I don't understand how the DA could have the right to throw this out.... if he does can the person who was injured still pursue this as a civil case?
Roadblock04.17.09 - 11:10 am
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wow... i just read this whole thread start to finish... took so many months and months and months of persistent to get to this stage! and it's only the beginning! wow!
Antranik04.17.09 - 11:49 am
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RB,
Just to clarify...it's at the City Attorney's Office right now, not the District Attorney's Office. Although, I think it should be given to the D.A. anyways, just like the Mandeville Canyon case was. I think it may have to do with the fact that it was originally listed as a Hit and Run by the reporting officer...not sure.
How does the C.A. have the right to dump the case, you ask?
Simple. He/she could start reading the report, go to lunch....have a really spicy burrito that upsets his/her stomach leaving them in a bad mood the rest of the day..finish reading the report and say, "You know what...bicycles out at 1am?? I bet this is one of those big rowdy social rides I keep hearing about. Ow, my tummy hurts. Screw this case...in the trash you go."
Another more realistic scenario is..."I bet this is one of those big rowdy social rides I keep hearing about. I'm not sure if I can convince a jury that these particular cyclists are trustworthy witnesses. What if the jury is anti-cyclist? Screw this case...in the trash you go."
Hopefully, neither of the two above scenarios I made up come true.
The filing deputy has the right to make a judgment call on close cases. They have to consider the merits of the case, what the story will look like to the jury, whether it's believable, whether they could have some possible evidentiary issues and then make the call whether to file the charges.
However, even if the C.A. refuses to file the charges, yes, the injured person has TWO years from the date of the injury to file a civil lawsuit.
DJwheels04.17.09 - 1:45 pm
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F.Y.I.
If you are ever injured by a PUBLIC ENTITY, such as a city, police, sheriff, mta bus, metro train etc. ...you actually have to file a separate document giving notice of the injury to the particular entity within the FIRST SIX MONTHS of the date of the injury. (California Tort Claims Act) If you don't, or your personal injury attorney doesn't do it...you are shit out of luck and you can't file a civil lawsuit at all.
DJwheels04.17.09 - 1:49 pm
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Isn't the major focus of this case the fact that a reckless SUV driver caused serious injury to a bicyclist?
Why would the person reviewing the case give SO much importance to the fact that several other bicyclists were present at the same time?
Doesn't seem logical. But then again.. like you said.. the reviewer is human.. and his/her emotions can impair his/her logic, happens all the time.
Antranik04.17.09 - 2:54 pm
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3rd party witnesses are very useful in supporting the injured person's side of the story. Otherwise, you're left with a he said/she said scenario. Victim will say..hey you were driving recklessly and I got hurt. Driver will defend himself by saying I was NOT driving recklessly. They essentially would cancel each other out. You don't want to leave the jury in that kind of position to decide a he said/she said. So witness statements can be critical in telling the whole story and convincing the jury.
Sometimes, all you need is one witness...a COP, but they'll cite you or arrest you on the spot if you're the alleged offender. Filing deputy will process that kind of report without even thinking twice.
Bottom line...A filing deputy wants to file cases that they know they can win, not the ones that are close calls because of limited evidence.
DJwheels04.17.09 - 3:24 pm
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So, you know how the last update in April was about how the detective completed his investigation and had supposedly dropped off the report for reckless driving charges with the City Attorney's office?
Well...5 MONTHS later and the case is still NOT in the City Attorney's computer system.
I called the City Attorney's office every couple weeks after mid April for three months before getting fed up and calling the detective to find out what happened. Turns out the deputy who was supposed to drop it off at the City Attorney's office at the detective's request never did so back in April. So, the detective apologized and told me he personally dropped it off at the C.A.'s office in mid August.
I've been calling the C.A. once a week for five weeks and still nothing in the system.
I asked the kind but sassy receptionist for the name of the Supervising City Attorney there at the LAX Courthouse. An email and voice mail will be waiting for this supervisor tomorrow morning.
It's been exactly ONE YEAR now since the incident.
I'm not looking for sympathy here, just letting people know to brace themselves for frustrating delays when dealing with these cases and the criminal process.
DJwheels09.21.09 - 5:36 pm
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What's the SOL on vehicular assault / etc.?
JB responding to a
comment by DJwheels
09.21.09 - 5:38 pm
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the thanks goes to you for making the continued calls and seeing it through--I'm so sorry the process is continuing to go on and on
hows the healing otherwise?
hitsthepoles_ow09.21.09 - 8:47 pm
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I believe it's one year. I brought this up in my voicemail and email, but I haven't heard back yet from the supervising attorney...of course.
Alicia has healed up for the most part, but she still has some dental work to complete.
DJwheels responding to a
comment by JB
09.22.09 - 6:21 pm
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I just learned that charges were filed in this case YESTERDAY:
-assault with a deadly weapon
-hit and run
After a strongly worded email to the supervising city attorney at LAX and my local field deputy for District 13, I got a call back yesterday afternoon. However, because I was not the victim the city attorney's office could not discuss the case with me. So my fiance talked with them a little while ago and they told her the status.
I'll post more info when I have it.
DJwheels09.25.09 - 11:56 am
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AWESOME!
Exactly what I had wished for that fuck.
Keeping the good wishes.
Joe Borfo responding to a
comment by DJwheels
09.25.09 - 11:59 am
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I just read the whole thing too. I hope your fiance is back to herself by now. Thank you for the update for everyone to know. I am planning to join LACM with my husband tonight and I am kind scared. I just have to watch out for those angry car drivers.
Tricia H responding to a
comment by DJwheels
09.25.09 - 12:50 pm
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this same suv chased crank mob on the year anniversiry(sic) ride
louisiana09.25.09 - 1:01 pm
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Nice Work DJ Wheels!
Keep us posted on the court dates, etc.
JB09.25.09 - 1:03 pm
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Yes, this incident was on the same evening, and the same dirt bag driving. I really hope this guy gets his. With the way he was driving and threatening people with his high speed, swerving, fog lights, and loud train horns blaring, it was obvious that he had no concern for us whatsoever and could have easily killed someone. I feel this asshole had it coming. Let's hope he does.
Joe Borfo responding to a
comment by louisiana
09.25.09 - 1:09 pm
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UPDATE:
For anyone interested in attending the arraignment of the suspect in this case it will be:
Wednesday, October 14, 2009 at 8:30 am.
LAX Courthouse - Dept. 141 (3rd Floor, Room 302)
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
If you were one of the witnesses I included in the police report, you should receive a subpoena at the end of October, according to the City Attorney's office.
The Mandeville Canyon trial should be going on that day as well, so here's your chance to get a two-for-one on criminal cases.
See ya there!
DJwheels10.8.09 - 5:19 pm
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LAX Courthouse, the new house of horror!
CrazyPenis responding to a
comment by DJwheels
10.8.09 - 7:52 pm
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The defendant on this case failed to appear for the original arraignment date, so it was actually continued to today.
He didn't appear in person, but he did have an attorney appear for him to request another continuance and extra time for defense counsel to conduct their own investigation.
The new arraignment date is January 26, 2010.
DJwheels12.15.09 - 6:38 pm
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THANK YOU for keeping us updated on this.
indigis responding to a
comment by DJwheels
12.15.09 - 6:47 pm
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Just read this whole thing.
So, uhh... where are my taxes going again?
Now that Assault w/ a Deadly Weapon and (I assume felony with that Assault charge?) Hit and Run are on the table, he'll be paying attention. I hope they put him away for a long, long time. Guy like that may well have been to prison before. Home away from home.
My worry with offenders like this is that they may be dangerous, and crazy, and letting them roam free makes them feel they have the liberty to be ass dangerous and crazy as they want, but challenging them sometimes gives them impetus to seek revenge. When he gets out of prison (if he goes), you can sure as hell bet he'll remember how he got there. Put him back in a car on a road with a bicycle and X number of fond prison memories under his belt ... you do the math. It scares me almost as much as having him out there as he is. That kind of person will always be a menace until he dies. Prison time (no matter how "fun" it is) will not cause him to wake up one morning apologetic for what he's done.
Anyway, THANK YOU SO MUCH to DJwheels for doing this, on behalf of all of us, best of hopes for Alicia!!
@DJwheels
I have never gone to court as a, uh... spectator(?) before. How would I know where and when to go to view the arraignment? Can't guarantee I'll be able to get down there that day, but I would like to go if I can. Curious about the court system and this is a case whose action I'd like to see some of in person. What is ultimately decided at an arraignment?
outerspace12.18.09 - 2:30 am
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The arraignment on this particular case will be in Dept. 141 (3rd floor) at the LAX Courthouse at 8:30am on Jan. 26, 2010. It's open to the public, so anyone can go and sit in the audience and watch, but it can get a little boring sometimes.
The arraignment is where the charges are read to the criminal defendant, if he wishes, and the judge asks him/her to enter a plea of either guilty, not guilty or no contest.
Most criminal defendants enter a not guilty plea, especially if they've retained private counsel. After the plea is entered, a judge may determine if bail needs to be set and then when the next hearing date will be. So not much is actually decided at an arraignment after a not guilty plea.
Once a date is set for a preliminary hearing, they prosecutors bring in their police witnesses, civilian witnesses and evidence and hold a mini trial where only the judge decides if there is sufficient evidence to substantiate the charges so that a real trial may be heard in front of a jury.
DJwheels responding to a
comment by outerspace
12.18.09 - 2:28 pm
reply
Hey DJwheels,
Wondering if you have a few minutes to talk with me, thanks,
XL - Scott 310-621-1869
X-Large responding to a
comment by DJwheels
12.18.09 - 4:27 pm
reply
Holy Smokes! Midnight Ridazz are the sickest Fam-bam road dog ridazz I've ever met, riding has been a pleasure. This kind of tragedy shakes my spokes, someone mentioned animal style justice, I like in and out... revenge is a dish best served cold, and Mclaughlin and venice is right in my hood. This story makes me want to ride around and get familiar with the neighbors, especially ones with gold highlanders w/ limo tint parked in their driveways... No Rida Left Behind!
MAXX12.18.09 - 7:33 pm
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Ridazz Roulette!
!
NICE!