Drunk Street kid grabbed my bike on Hawthorne Bridge

[pdxdanc]

Happened about 7:30pm tonight. I was riding west, had pretty much just gotten on, when someone grabbed my bike and pushed me towards the road. Luckily I maintained my balance. I stopped, yelled, swore, then his friend started coming towards me threatening me. I started biking west again, feeling outnumbered and out of breath (I'm not in great shape and the altercation had my heart beating fast). I got to about the middle of the bridge and stopped, and looked back and I didn't see them. I checked my current inventory of things to beat the living crap out of them with, and, finding it lacking, and thinking better of being violent, I called 911. As I started talking with the police about this, I saw a police motorcycle with his lights on at the east end of the bridge. Figuring this was probably related, I biked back down east, and saw another bicyclist there, the motorcycle policeman, and the kid sitting down with handcuffs on. Within a minute another car pulled up, then a minute or two later about 2 or 3 more. The other bicyclist's story was similar to mine, except I think his front wheel may have actually gone onto the road from the push.

Since he had an open bottle of alcohol, and the policeman had seen the kid push the other bicyclist, we had the choice of letting the kid sit in the drunk tank and that be it, or press charges. The other bicyclist wanted to press charges, so I am also. The policemen were not sure if the charges would be harassment or the more serious, as I understand it, menacing behavior (or something with the word menacing in it).

[PDXGS]

Originally Posted by pdxdanc

The other bicyclist wanted to press charges, so I am also. The policemen were not sure if the charges would be harassment or the more serious, as I understand it, menacing behavior (or something with the word menacing in it).

Excellent....what about an assault charge?
I'm glad neither of you were injured and I'm glad this thug will get some time to dry out, albeit shortlived.

[wsbob]

pdxdanc, lucky break, you managing to ward off getting rolled. Keep us posted on the how the case against the kid goes. It would be interesting to know how his situation and his record might have figured into the decision to do this kind of crime. Doesn't sound like something a member of a bike theft ring would do, if there is such a thing in ptown. I used to know some street kids. Most of them are gone now, but there's always a new, desparate group coming along.

[pdxdanc]

Thanks for the support. I think they didn't go with an assault charge because we weren't injured.

The police officer called about 2 hours ago and gave me the case number and the phone number for the da to call in the morning. He said the person was blaming the bicyclists for coming at him, and the officer also said the person was combative in the jail. This is the officer that seemed somewhat ambivalent about pressing charges at the scene, but when he called he wholeheartedly supported it based on the individual's poor behavior in the jail and unrepentant attitude. Definitely glad I'm pressing charges, even if he just gets probation. I'd be willing to bet he will not do this again.

[wsbob]

pdxdanc, interesting details already. Sounds familiar. I think it's good that you're proceeding with this. Maybe it'll help turn him around before he seriously hurts someone, putting him in prison for a long time.

[K'Tesh]

Originally Posted by pdxdanc

Thanks for the support. I think they didn't go with an assault charge because we weren't injured.

Unwanted physical contact, that could have ended with you in the road run over?

Assault, and at least reckless endangerment come to mind. PRESS CHARGES!!! Do not let the officer determine your actions, YOU can initiate a citizens arrest! Go to the BTA's office and get the action pamphlet, or you can go to Swanson, Thomas, and Coon's Law office or website and get it and Pedal Power. Read up on this, follow through... (and keep us posted).

A.O. you got any opinon on this?

Glad to hear you and the other cyclist are ok.

Rubberside Down!
K'Tesh

All that written then I really read your post... please do follow through.

[wyeast]

Originally Posted by pdxdanc

I'd be willing to bet he will not do this again.

Sad truth is he probably will, however. The sort who are continuing to be combative on the way to the holding cell tend to be the types who go right back to it as soon as they get out.

[djasonpenney]

Go for the felony -- ORS 164.135(1)(a). There's nothing in the statute that says the vehicle has to be motorized.

164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when:

(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;

(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or

(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]

[Attornatus_Oregonensis]

Crimes:

ORS 163.160. Assault in the fourth degree.
(1) A person commits the crime of assault in the fourth degree if the person: (a) intentionally, knowingly or recklessly causes physical injury to another...

ORS 163.190. Menacing.
(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

ORS 163.195. Recklessly endangering another person.
(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

ORS 166.065. Harassment.
(1) A person commits the crime of harassment if hte person intentionally:
(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact.

And finally:

ORS 133.225. Arrest by a private person.
(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255.

My guess is that you can't get Assault IV here because it requires "physical injury" and I don't remember reading anything about that in the original post. Between menacing and recklessly endangering it sounds like menacing is the more appropriate charge because the conduct was "intentional." All three of those charges are Class A misdemeanors, carrying a maximum sentence of 1 year in jail.

By the way, all this information is available in Ray Thomas' Pedal Power. It's a great book for cyclists, and I highly recommend it.

[wsbob]

wyeast, sadly, you may be right. I didn't want to say it, but there's a lot of people around that feel they've reached the point where they've got nothing to lose. Might as well spend time locked up where it's not too cold, dry, and they get fed regularly. This kid might be one of those. A person that didn't want to get caught wouldn't do something so conspicuous.