Rolling coal

[MRH512]

Why the need it inject race into the equation? Why?

Because, like so many others in this thread, I'm sharing my opinion on the matter.

As a white male living in Texas with many friends of various colors, I pay attention to things like this. And I've seen many defense lawyers of white clients start their conversation this way.

There is a very obvious disparity in the way people of color are both prosecuted and defended in this county. This holds especially true for rural Texas.

I didn't say he deserves anymore harsh punishment nor any less fair a trial for his actions because he's white. I simply believe this is a common first step for a lawyer with a white client who has a pretty good idea his client will go to trial and also has a pretty good idea what race the majority of the jury will be.

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[Speed331]

https://www.bikelaw.com/2021/10/waller-bike-crash/

I've been hit twice by drivers overtaking me and then turning right (hooked). Neither we're ticketed because - and both officers said the same thing - "you don't seem seriously injured".
Yet if it had been another car they'd struck, causing only minor damage, they would have been.

 

[Chocolate Thunder]

It’s not everyday you see a DA call out the police department in their jurisdiction. On Facebook no less.
https://www.msn.com/en-us/news/us/w...ropriately/ar-AAPonqp?li=BBnb7Kz&view=desktop
This has potential to get really nasty before it’s resolved.

 

[MRH512]

It’s not everyday you see a DA call out the police department in their jurisdiction. On Facebook no less.
https://www.msn.com/en-us/news/us/w...ropriately/ar-AAPonqp?li=BBnb7Kz&view=desktop
This has potential to get really nasty before it’s resolved.

This gives me hope. Sounds like the DA is approaching this correctly. Patience, transparency, listening, then acting.

 

[Pinion]

If you set your vehicle up to do this type of thing, you are the best example there is of a gaping, prolapsed anus.

 

[BMorgan]

Well, it looks like the kid is in real trouble now:

"In Monday's statement, the Waller District Attorney's Office announced the results of its investigation, which include plans to charge the teen driver with six counts of felony aggravated assault with a deadly weapon—one for each cyclist hit during the incident."

Waller teen who struck cyclists charged with 6 felony counts (chron.com)

 

[Pinion]

Good.

 

[GATORB8]

Well, it looks like the kid is in real trouble now:

"In Monday's statement, the Waller District Attorney's Office announced the results of its investigation, which include plans to charge the teen driver with six counts of felony aggravated assault with a deadly weapon—one for each cyclist hit during the incident."

Waller teen who struck cyclists charged with 6 felony counts (chron.com)

Not that he doesn't deserve to be charged, but doesn't that charge imply that he hit them on purpose?

Looks like he'll be charged as a Juvenile, not sure what that does to the punishment.

Makes me wonder if there are insurance implications in a conviction. Does your car insurance cover "assault" and will that impact the victims' ability to recover?

 

[BMorgan]

Not that he doesn't deserve to be charged, but doesn't that charge imply that he hit them on purpose?

Looks like he'll be charged as a Juvenile, not sure what that does to the punishment.

Makes me wonder if there are insurance implications in a conviction. Does your car insurance cover "assault" and will that impact the victims' ability to recover?

The DA has previously said that rolling coal constitutes assault all by itself. An F250 is certainly a deadly weapon. The intent to roll coal was clearly there. I don’t know what “aggravated” requires in Texas.

The Bike Law post is informative if highly editorialized (they are representing the cyclists). Yes “juvenile” restricts the possible sentencing, but I don’t know about recovery. There will be civil suits you can imagine.

https://www.bikelaw.com/2021/11/felony-charges-for-waller-driver/

 

[GATORB8]

There will be civil suits you can imagine.

Interesting read.

If insurance is taken out of the picture, I assume it'd limit the victim's recovery to the net worth of the parents. From reading the Bike Law article, it looks like the attorneys are looking for other potential sources of recovery, including the shop that modified the truck.

 

[Chocolate Thunder]

Not that he doesn't deserve to be charged, but doesn't that charge imply that he hit them on purpose?

Looks like he'll be charged as a Juvenile, not sure what that does to the punishment.

Makes me wonder if there are insurance implications in a conviction. Does your car insurance cover "assault" and will that impact the victims' ability to recover?

No. Aggravated assault doesn’t necessarily mean he injured them intentionally. It means he intentionally committed an act that resulted in them being injured. Ex; I swing at you and miss and knock out your wife’s teeth who’s standing beside you. I didn’t mean to do that. But I intentionally threw a punch that hurt someone.

Insurance for personal liability and personal injury would cover this up to the amount of coverage. It’s possible that the amount of personal liability coverage that mommy and daddy have (homeowners or business policies) won’t be enough for all of the victims. Vehicle personal injury limits probably aren’t that high either (presumption on my part).

 

[rickinAZ]

Curious: If he had been charged as an adult would that have somewhat protected the parent's financial liability? Not that I care. He learned that cavalier attitude towards fellow human beings somewhere.

 

[BMorgan]

Curious: If he had been charged as an adult would that have somewhat protected the parent's financial liability? Not that I care. He learned that cavalier attitude towards fellow human beings somewhere.

He learned it from his father. It’s the fathers truck. The father modified it to be able to roll coal. That’s intent right there: one does not simply modify their truck to roll coal without intending to use it.

I am absolutely certain that boy has watched his father roll coal on say a Prius or other cyclists, as intended when they modified the truck. He didn’t do it just to smoke up his driveway.

The boy was driving with a friend in the passenger seat. I am absolutely certain the boy said “watch this!” or similar and then proceeded to assault the first cyclists with diesel smoke, just as he’s watched his father do the same. And as he tried to do the same with the second set of cyclists he ran them over instead, per witnesses.

 

[WranglerMan]

I live just outside Houston and i am amazed how these good ol boys love their diesel trucks and they love rolling coal…to be honest it’s one those things that make you say why do that and drivers everywhere are in a hurry to go nowhere.

I am one of those that has ridden in the MS 150 and have ridden thru Waller Cty and drivers are not tolerant of road bikes and it’s an apparent issue so maybe once ppl like this are held accountable for their actions ppl will slow down but I doubt it.

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