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Old 10-31-2019, 05:55 AM
 
Location: NY
16,028 posts, read 6,831,160 times
Reputation: 12279

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An elderly man riding the bus ranting and verbally
abusive is now the subject of arrest. He mounted
the B68 and refused to pay his fair because the bus
was late. The bus driver refused to continue
unless he paid his fair. The man yelled obscenities
and racial slurs at the driver spitting at the driver
and kicking the door while leaving. It is all recorded on
video and I have seen it.


Opinion:
Speech:
The use of racist word with the intent to do harm or provoke is against the law but
otherwise protected under Freedom of Speech. After viewing the video only once he
did not appear to provoke while sitting in his chair. Curse he did and
he was sitting in a row of seats behind the bus driver. Provoke or harm? I have to say no.
Attacking Driver:
I believe the man should be arrested for attacking the driver ( spitting ).
Spitting at someone is a global sign from anger to contempt. Spitting on someone is an act of intentional contamination.
Spitting in the face of someone is a criminal assault U.S. Appeals Court (Reuters)
Destruction of Private Property:
I believe the man should be fined for attempted destruction of city property. ( shaking and kicking at bus )or
a misdemeanor if resulting in minor damage.If the vandalism to valuable property was serious then felony charges and fines would suffice.

If apprehended I think he will be arrested and charged on two counts.
Criminal assault and a misdemeanor vandalism.


Thoughts Please ?
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Old 10-31-2019, 06:10 AM
 
425 posts, read 391,410 times
Reputation: 430
It was assault, so yea they should be arrested.

Did they even wind up paying the fair? Give him the ticket for fair evasion if they never wound up paying.

EDIT* Found an article on it: https://bklyner.com/drive-and-shut-y...to-mta-driver/

But after reading that, they could just slap a hate crime charge on top of the assault. F-that guy. I can only hope he has mental health issues, because the whole reaction was over the top and nuts.
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Old 10-31-2019, 06:21 AM
 
Location: NY
16,028 posts, read 6,831,160 times
Reputation: 12279
Quote:
Originally Posted by Energystream View Post
It was assault, so yea they should be arrested.

Did they even wind up paying the fair? Give him the ticket for fair evasion if they never wound up paying.

EDIT* Found an article on it: https://bklyner.com/drive-and-shut-y...to-mta-driver/

But after reading that, they could just slap a hate crime charge on top of the assault. F-that guy. I can only hope he has mental health issues, because the whole reaction was over the top and nuts.
Opinion:
He eventually got off after being told the bus is not moving until he pays so fair beating would be out.
Hate Crime? It does not show intent to provoke or do harm so he is protected under Free Speech.
I think he will be eventually arrested and charged with some level of criminal assault and misdemeanor vandalism.

Last edited by Mr.Retired; 10-31-2019 at 06:30 AM..
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Old 10-31-2019, 06:29 AM
 
425 posts, read 391,410 times
Reputation: 430
How is spitting classified? Words are just words, until they are associated with an attack. He can be a racist POS all he wants. But assaulting crosses that line and shows the intent behind the attack.
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Old 10-31-2019, 06:46 AM
 
Location: NY
16,028 posts, read 6,831,160 times
Reputation: 12279
Quote:
Originally Posted by Energystream View Post
How is spitting classified? Words are just words, until they are associated with an attack. He can be a racist POS all he wants. But assaulting crosses that line and shows the intent behind the attack.
Opinion:

He spat at the bus driver who was fortunately behind an enclosed booth.
So the only thing I can think of is intent by contamination. So in this
case Assault is described as the intent. He could have been purposefully
aiming for the bus enclosure and not the bus driver even though the bus driver
was in the line of fire but protected. I don't think Battery is warranted. Again...
the bus enclosure could be the intended target. The guy was wrong.wrong. wrong.
He did eventually follow the bus drivers instructions and got off. The Bus driver
either filed or did not file a complaint. In the end it was an unnecessary act.
Be kind to one another because that's all we have. One another.
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Old 10-31-2019, 09:26 AM
 
7,759 posts, read 3,879,408 times
Reputation: 8851
Quote:
Originally Posted by Mr.Retired View Post
Attacking Driver:
I believe the man should be arrested for attacking the driver ( spitting ).
Spitting at someone is a global sign from anger to contempt. Spitting on someone is an act of intentional contamination.
Spitting in the face of someone is a criminal assault U.S. Appeals Court (Reuters)
If someone spits on you just spit back. If they punch you, punch back. All is right in the law if you deal equal force it is considered self-defense. So the driver should have hocked back the biggest loogie he could with plenty of phlegm and spit in his eyeball if possible.
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Old 10-31-2019, 10:53 AM
 
128 posts, read 115,039 times
Reputation: 117
I'm a Bus Operator and any part of that of spit would get on me .... instant long term vacation
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Old 10-31-2019, 11:22 AM
 
3,882 posts, read 2,234,555 times
Reputation: 5531
Yep I know a bus driver who got spit on. He got 9 months off with pay!!! He was thrilled lol.
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Old 10-31-2019, 12:52 PM
 
Location: NY
16,028 posts, read 6,831,160 times
Reputation: 12279
Quote:
Originally Posted by Tencent View Post
If someone spits on you just spit back. If they punch you, punch back. All is right in the law if you deal equal force it is considered self-defense. So the driver should have hocked back the biggest loogie he could with plenty of phlegm and spit in his eyeball if possible.
Opinion:Nice!
As long as they can keep it out of the courts I'm for it......but what are the odds in the wimpy world we live in today?
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Old 10-31-2019, 12:55 PM
 
Location: NY
16,028 posts, read 6,831,160 times
Reputation: 12279
Quote:
Originally Posted by prgordo View Post
I'm a Bus Operator and any part of that of spit would get on me .... instant long term vacation
Opinion: Wow....wow......wow.......Glad to see the MTA offers compensation
for its employees although I feel that is way excessive but nevertheless deserving.
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