James A. Burns, 46, pulled out a large folding knife and held it down by his thigh in a "menacing" manner after she cut in front of him to get into a parking space. She said Burns unfolded the knife and yelled threats.
Burns was charged with assault with a dangerous weapon, resisting arrest, and disorderly conduct.
Just threatening the use of such a weapon is sufficient for a charge of assault. However, shouldn't the woman also be charged, for using her car as an assault weapon?
Stop wondering. They do teach them something at the academy. My father was a cop, and he explained the difference to me 40 years ago. It's kind of their job.
Teaching something does not equal retaining something. Just quiz anybody on their knowledge of types of clouds, supposedly something taught around the 4th grade.
What does this issue have anything to do with the cops not knowing the law? Do you mean this law specifically? This isn't even a complicated one. 99.9% of the cops in MA could make this call.
Edit: I shouldn't say it is that easy of a call, but the guy took out a knife and allegedly made some sort of threatening statements while holding it to the side of his leg. That should put a reasonable person in fear of his/her safety.
If you rob a bank and tell them you have a gun when you don't have anything, you get charged with an armed robbery even though you don't have a weapon and would have had no chance of hurting anyone. It has to do with the fear of the victim in these cases.
A 46-year old man threatens a woman with a knife and because he's on a bicycle, it's considered acceptable? That's really quite unbelievable! Someone with rage issues shouldn't be riding a bike with a weapon.
By swirlygrrl not logged in on Sat, 09/18/2010 - 10:50am.
But the cyclist having a knife and yelling threats being arrested doesn't make the motorist innocent of idiotic and dangerous driving with a dangerous weapon (car).
Cyclist with knife should be charged. Driver? Possibly charged with wreckless driving, too.
I've been threatened by people in cars many times while I'm riding. If someone has the front of their car facing me and revs the engine or lurches forward, I will respond as if they are pointing a gun at me. People who use vehicles as weapons should be charged, but rarely are. I read the article, and I didn't see any evidence that the driver used her vehicle to threaten the rider. Unless someone saw the incident and can say that she did, we have to assume that she didn't.
By swirlygrrl not logged in on Sat, 09/18/2010 - 6:14pm.
It doesn't matter that the cyclist threatened her: if she cut him off and admits to that, she failed to yield to an oncoming vehicle and should be handed a ticket.
Cars are dangerous pieces of heavy equipment. MA is way too easy on drivers who don't/won't/can't drive them properly.
I bet somebody made the super secret BAMBLA sign recognized by the global homosexual conspiracy and brotherhood of armed men for backwoods loving of animals, prompting the driver to dodge into the nearest parking space without looking first, cutting off the psyco-list who then pulled the knife ...
We'd all be knife-wielding ninjas if we threatened violence to every single driver of car or bike that cut us off, blew through a crosswalk, or failed to stop at stop sign/red light. Welcome to the greater Boston area - throughout any given day you will experience: people who drive like assholes, people who ride bikes like assholes, pedestrians who behave like assholes. If you can't manage to control your rage, which the grown man in question clearly could not, then seek professional counseling.
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the last thing we need is people settling disputes waving knives
but does this description constitute assault?
Burns was charged with assault with a dangerous weapon, resisting arrest, and disorderly conduct.
assault, not battery
Just threatening the use of such a weapon is sufficient for a charge of assault. However, shouldn't the woman also be charged, for using her car as an assault weapon?
Yea maybe they should charge him with
coming to a demolition derby with a knife and bicycle.
Going from the Globe writeup,
Going from the Globe writeup, "driving to endanger", or something like that.
It sounds like we're only hearing the driver's claims, and that the bicyclist was arrested.
I could speculate on what might have happened, but that might be more confusing than helpful.
"Assault" is different from
"Assault" is different from "Battery." Assault is the threat, battery is the touching. Luckily, there was no touching.
Sometimes I wonder if most of
Sometimes I wonder if most of the police understands the difference, it's pretty obvious the public doesn't.
Stop wondering. They do teach
Stop wondering. They do teach them something at the academy. My father was a cop, and he explained the difference to me 40 years ago. It's kind of their job.
Teaching something does not
Teaching something does not equal retaining something. Just quiz anybody on their knowledge of types of clouds, supposedly something taught around the 4th grade.
J I dont get it, what is your issue here?
What does this issue have anything to do with the cops not knowing the law? Do you mean this law specifically? This isn't even a complicated one. 99.9% of the cops in MA could make this call.
Edit: I shouldn't say it is that easy of a call, but the guy took out a knife and allegedly made some sort of threatening statements while holding it to the side of his leg. That should put a reasonable person in fear of his/her safety.
If you rob a bank and tell them you have a gun when you don't have anything, you get charged with an armed robbery even though you don't have a weapon and would have had no chance of hurting anyone. It has to do with the fear of the victim in these cases.
Im not talking about this
Im not talking about this case, just the term assault in general.
Almost nine hours, and no
Almost nine hours, and no comments about the ambiguity of the headline. You are all slacking =(
Does a tweet count?
Like this one?
psycho on a bike
A 46-year old man threatens a woman with a knife and because he's on a bicycle, it's considered acceptable? That's really quite unbelievable! Someone with rage issues shouldn't be riding a bike with a weapon.
Not acceptable
But the cyclist having a knife and yelling threats being arrested doesn't make the motorist innocent of idiotic and dangerous driving with a dangerous weapon (car).
Cyclist with knife should be charged. Driver? Possibly charged with wreckless driving, too.
This isn't mutually exclusive. Figure it out.
Cutting someone off does not
Cutting someone off does not equal intent to stab with a knife. Figure it out.
Equal?
You need a clue, son.
If I shoot my rifle in the air in celebration, and you get mad and wave a knife at me, do I get a free pass? No?
Same goes for driving to endanger not going away because the person who was endangered decides to wave a knife around. Both deserve police attention.
delete
delete
Banhammer
Banhammer
a wise guy eh?
Ok, so we've gone from Marx Bros to the Three Stooges...Clayhammer?
Disagree
Wreckless driving is a good thing!
Ha!
when is somebody gonna digitize coffee?
delete
delete
Adam...
Any chance of deleting this person's account? All s/he posts is:
1) replies such as this to anything and everything one member posts
2) slams on the sexuality of people in news stories
Yes, girly, it IS "mutually exclusive"
Oh, so you were there at the scene? How in the world do you know that the driver of the car is guilty of "idiotic and dangerous driving" ?
Get Clue
Stupid.
Click link. Read story. Easy.
Read the article
I've been threatened by people in cars many times while I'm riding. If someone has the front of their car facing me and revs the engine or lurches forward, I will respond as if they are pointing a gun at me. People who use vehicles as weapons should be charged, but rarely are. I read the article, and I didn't see any evidence that the driver used her vehicle to threaten the rider. Unless someone saw the incident and can say that she did, we have to assume that she didn't.
Ticket the Motorist Too
It doesn't matter that the cyclist threatened her: if she cut him off and admits to that, she failed to yield to an oncoming vehicle and should be handed a ticket.
Cars are dangerous pieces of heavy equipment. MA is way too easy on drivers who don't/won't/can't drive them properly.
It doesn't matter if he
It doesn't matter if he threatened her with a large knife? That's insane.
amazing
Autofellating as spoken word!
woo!
This thread is rapidly evolving into a Marx Bros routine. Keep up the Good Work!
Say the secret word ...
... win 100 comments!
game, set, match
We haven't heard anything of
We haven't heard anything of the bicyclist's side.
it's called road rage,
who cares what the bikers side is...
i'm hoping the nut bag is in jail cooling off.
i agree
i agree
I heard the driver was...........
driving around that parking lot looking for one of those rest areas where homosexuals and deer fornicate. Disgusting if you ask me.
Hmmm...
I bet somebody made the super secret BAMBLA sign recognized by the global homosexual conspiracy and brotherhood of armed men for backwoods loving of animals, prompting the driver to dodge into the nearest parking space without looking first, cutting off the psyco-list who then pulled the knife ...
condoning violence is asinine
We'd all be knife-wielding ninjas if we threatened violence to every single driver of car or bike that cut us off, blew through a crosswalk, or failed to stop at stop sign/red light. Welcome to the greater Boston area - throughout any given day you will experience: people who drive like assholes, people who ride bikes like assholes, pedestrians who behave like assholes. If you can't manage to control your rage, which the grown man in question clearly could not, then seek professional counseling.