Posted by Jonathan Maus ( Publisher/Editor ) on August 21st, 2007 at 12:41 pm
“…when the intention to harm one individual inadvertently causes a second person to be hurt instead.”
-from Wikipedia’s definition of “transferred intent”
A KGW report and a police spokesperson have said that one of the cyclists injured in last Friday’s road rage incident was completely unrelated to the initial altercation between driver Johnny Eschweiler and cyclist Ben Ramsdell.
KGW reported that 41 year-old Timothy Mastne was riding in the opposite direction when he, “unintentionally pedaled into the path of the collision.”
According to the PPB’s Brian Schmautz, investigators concur with witnesses that claim that Eschweiler seemed to have only intend to strike one of the bicyclists (Ramsdell).
So, if Eschweiler only had intent to harm one cyclist, how can he be charged with two counts of assault?
According to a source close to the case, Eschweiler’s actions might make him responsible for Mastne’s injuries under what is known as “transferred intent.”
According to Wikipedia, transferred intent is:
“…when the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be seen as having “intended” the act by means of the “transferred intent” doctrine.”
We’ll find out more about the charges Eschweiler will face (and more details) on Monday, when the first Grand Jury documents become public.