NYPD rams, kills motorcyclist

Dailies, Hell For Leather, HFL -

By

01 topshot x dirtbiek ram cop

The NYPD was chasing Eddie Fernandez and his friend Adalberto Gonzalez in the Bronx when the patrol car suddenly slammed into the dirtbike, killing Fernandez and leaving Gonzalez with a broken leg. Gonzalez has been charged with reckless driving, reckless endangerment and resisting arrest. In turn, Gonzalez is suing the NYPD for his injuries and the death of his friend.

As you can see from the video, the police car didn’t even slow down during its chase before hitting the motorcycle. Gonzalez’s lawyer, Cesar Gonzalez Jr, says: “He said the videos clearly show the police car pursuing the bikers, apparently in violation of a department policy not to engage in the risky chases.” The Bronx District Attorney has declined to prosecute the police officer behind the wheel.

The crash happened in August 2012, near Randall Avenue in Hunts Point and Gonzalez will appear in court later next week for criminal charges. Gonzalez says: “I just want this all over with so I can get my life back,” he said. “That’s all.”

  • Nathan Wiley

    As someone who came within inches of being run over and killed by a cop chasing someone who was fleeing, I can say there is almost no good reason for cops to chase anyone. Catching some idiot who has a bag of weed or an outstanding warrant is not worth someones life. This crap needs to end.

    • DoctorNine

      Respeck Mah Attoritay!

      (Or I run you over.)

    • orthorim

      I agree. There’s got to be better ways?!

    • roma258

      This is why Philly has a no chase rule. But in some neighborhoods, gangs of dudes ripping around on off-road dirtbikes and ATVs is a real issue. I don’t know what the solution is, but if you lived in an area where these guys are ripping down your street with impunity, I bet you’d want something done about it.

      • yipY

        When local peeps start stringing wires across the road,”Stone” movie style decapitating urban idiots the idiots may think again.The headless hordes of the zombie apocalypse will be riding two stroke dirt bikes come the end times it seems.

        • http://www.facebook.com/goncalofern Gonçalo Fernandes

          Or spewing nonsense through the keys of a laptop….that’s a possibility too

          • yipY

            Maybe not in the doctrines of law,but in doomsday theology you appear to be an expert.

          • roma258

            Makes me miss the paywall.

            • Robert M

              Me too. There seems to be much less of a sense of focused and interested community and the signal to noise ratio dropped off so much I don’t think comments represent a the perspective of the motorcycling community well. Trolls.

      • http://www.mises.org/ Core

        The solution is, don’t create an environment for this kinda garbage to exist.. To make sure this happens, you gotta be smart about who you elect. So that the government stops giving hand outs to people who shouldn’t be having kids. If you can’t raise them to have a little common courteous for neighbors, you shouldn’t be having kids.

  • WhiteApple

    I see plenty of these idiots in the city, riding unregistered, uninsured motocross bikes not following traffic rules. While I agree that the cops shouldn’t chase after these individuals, what do you suggest they do to stop them? It’s a case of damned if you do, damned if you don’t. Cops will be blamed if they pursue these idiots and they’ll be blamed if the general public gets injured by them. There has to be a solution before our right to ride motorcycles freely becomes a thing of the past.

    • tobykeller

      In this instance, it’s not chase vs let go, it’s KILL vs let go…

      • WhiteApple

        Let’s see how the community responds when one of these idiots hurts an innocent person. It’s Darwinism at its best.

        • tobykeller

          If you stop and think about it, you’ll realize you’re suggesting murder as an appropriate preventive measure against possible future crimes, which might in some circles sound a bit loony

          • WhiteApple

            My main point is I hope stupid acts like this don’t happen again. It’s just depressing to hear, or in this case see, how irrational some decisions can be.

            • http://www.facebook.com/mitchel.durnell Mitchel Durnell

              Well sure, so do I, but I also hope that I am not shot by a police sniper if I run a red light. Let the punishment fit the crime, and so forth.

          • yipY

            Dispatching a human threat or clear and present danger is not even assault,nor manslaughter and certainly not murder.Future crimes are way different than imminent hazard.Minority Report did not examine legal issues regarding metropolitan moto morons.

          • Tom327Cat

            Actually, if someone breaks into your house and you shoot them, it is the same situation. In fact any police shooting would be preventive against possible future crimes.

            A dirt bike carries more kinetic energy than a bullet. I would think that a good lawyer could make a case that a suspect fleeing at high speed in a vehicle has entered into an informal contract with the state stating his intention to commit random manslaughter if it will aid in his escape.Subject to his intent, his own right to compensation if he should lose his life under such a contract,should be considered forfeit, as he is now the random person whom he declared to kill.

            • Justin Henry

              Did you watch the video? I didn’t see any high speed. Pretty slow, awkward speed if you ask me.

        • REDNECKS BANE

          Suxx dixx you weeak pale puss

      • orthorim

        It’s an unproven assumption that they wanted to kill these guys. All the video shows is a chase gone wrong.

        In this situation I don’t think anybody would have a clear mind so pre-mediated murder seems much more unlikely than either an accident or an adrenaline-infused overreaction.

        When they first set out, assuming they’re normal people, I am pretty sure they didn’t mean to kill the guy.

        It’s kind of a wild west attitude that there even are car chases in the US – I always thought that it’s ought to do more harm than good. But it doesn’t mean these cops are cold blooded killers.

  • http://twitter.com/threefour Victor Lombardi

    Here’s a link to the video. It’s pretty brutal, the police car is going a lot faster than the bike, and seems to slam them into a utility pole.

    http://www.youtube.com/watch?v=cIRdDFkffEQ

  • orthorim

    Maybe I’m old but if you try to run away from the police, accidents can happen. Seems that’s a risk you’re willing to take at that point.

    Impossible to prove the police was running them over intentionally – maybe they were going for the kill in a fit of rage, maybe they were trying to ram them without thinking of the consequences, maybe they were just bad drivers.

    • los

      look at the better video its very clear

    • http://www.facebook.com/goncalofern Gonçalo Fernandes

      It doesn’t matter the intent. I’m sure the point of the officer was not to kill anyone, the point is in NY, the cops have clear rules that they are not allowed to chase, much less ram a motorcycle. Who ever heard of cops following their code of ethics though?

      • orthorim

        Totally agree with that. Seems like a very bad idea to engage in car chases in NYC. Things like this will happen, bystanders could easily get hurt etc.

        Car chases belong in movies.

      • yipY

        GF:”It doesn’t matter the intent” .ROTFLMAO,:Your honor I ask for this case to be dismissed………..Thank you,Judge and the courts time!

        • http://www.facebook.com/goncalofern Gonçalo Fernandes

          You clearly ignore everything else. I mean it doesn’t matter because I don’t think the intent was to kill. “Officer what are your instructions in regard to chasing a motorcycle on city streets.” Officer:”uhhh…To….not to…” Did it result in someone dying? Yes? Ok.

          • yipY

            You are assuming a chase occured,it may well have been a justifiable pursuit.Or not.The law is a funny old beast.

  • NONo443

    Play stupid games, win stupid prizes.

  • http://www.facebook.com/jonathan.berndt.73 Jonathan Berndt

    this is an easy one. if you dont want to get hurt or killed pull the f**k over! how simple is that?

  • http://www.facebook.com/scottbaker610 Scott Baker

    Sure looks like murder to me. That cop hit them HARD. If we weren’t talking about “peace officers” I’m sure the DA would have no problem seeing violent intent in ramming a car into a couple of motorcyclists.

  • los
  • http://www.facebook.com/jonathan.berndt.73 Jonathan Berndt

    maybe they should start doing that in Baltimore, just sayin

    • yipY

      You got my vote.They should equip Crown Victorias with spikes like the car in the”the cars that ate Paris” movie.

  • nightscout13

    Saw this on LiveLeak, unbelievable…..Might not be that relevant, but the cop was female.

  • yipY

    I’ve got no problem with the cop pursuing outrageous idiots on dirt bikes on a public street.No helmets,no brains,on knobbies,no idea and fleeing police.As the video shows clearly,the two amigos were in both the cop’s and the police cars blind spot before being hit.I say the cop has no case to answer at all.Women with strollers and old guys should not have to plan to jump out of the way of idiots on a MXin’ mission.Charles Darwin knew that the idiots in the flock will be culled somehow.These guys would probably fail the exam to enter I.C.P. U.

    • john ashman

      By “in the cop’s blind spot”, I can only assume you mean the blindness to the pain and suffering they cause with their holier than thou “respect my authoritay” tactics.

      • yipY

        The vow to “serve and protect” means serving and protecting the law abiding public.Not dummies risking their own and the publics safety.The funny thing is they are the authority.Remember there are large cities in the world that have banned motorcycles and scooters entirely because of the actions of crusty fools.

        • http://www.facebook.com/goncalofern Gonçalo Fernandes

          The vow to protect and serve also does not mean the right to be a self empowered cowboy with zero regard for people’s rights. Yes, even as a criminals, you have rights… One of which is being protected from excessive use of force. I would say the front bumper of a Chevy impala excessive.

        • john ashman

          BS. Cops drive like aholes every day, all the time. I’ve been tailgaited by cops on a motorcycle and in my car, which is illegal, yet they do it all the time trying to get you to run from them. They actually WANT to endanger the public, because it makes them feel like they’re doing something. Not exaggerating.

  • Speedo007

    Hard to say, but “maybe” she was just trying to block them and underestimated their acceleration so ended up hitting them.

    • Strafer

      In the video i saw the cops smash into the motorcycle from behind
      and then keep driving into them into forcing the motorcycle into a pole
      in the picutres i’ve seen the cops then handcuffed the person who i believe ended up dead
      I can understand some frustration from the cops because the first time they smash the motorcycle much softer and the motorcyclists get back up and drive away so the 2nd time they smashed into the motorcycle much harder and didn’t let up until they were crushed into the pole

  • http://www.facebook.com/goncalofern Gonçalo Fernandes

    Of course there were no charges brought on the Police officer. This makes me sick. Attempted murder or at the very least, manslaughter charges should be brought on the cop. breaking a traffic law should not give these fucking cops the right to kill people. I myself have had a NY cop attempt to pull me over, not by turning on his lights, but by trying to run me off the road. His excuse? “you fucking bikers always run!” In court, judge ripped him a new one, but no consequences for him His sarge gave him a pat on the back on the way out.

    • yipY

      Go get a law degree,so when your tongue flaps like a blind in a flophouse window your ignorance of the law is not an embarrassing public spectacle.

      • http://www.facebook.com/goncalofern Gonçalo Fernandes

        Please do elaborate, oh wise one! Because last time I checked the dictionary, The definition of manslaughter was still
        The crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder. If that was anyone else other than a cop, using lethal force or lethal poor judgement against someone that did not pose immediate danger would result in charges. When you have a cop turn his car into your lane out of your blind spot at 70mph and running your motorcycle onto the grass shoulder, you would understand the frustration. In the meantime, continue parading atop your high horse.

        • yipY

          On what presumption do you base your proposition of malice or intent? The duo posed an immediate and direct to public safety.Reading a dictionary is one thing,being able to interpret it requires a higher analytical faculty well above mere emotion.

          • http://www.facebook.com/goncalofern Gonçalo Fernandes

            It’s not up to interpretation. As someone said earlier, running a red light poses a safety threat. Should you be shot for it?

            • Tom327Cat

              Your logic is unsound. Capitol force is used to protect innocent human life. If you could prove that someone was going to run a red light through an intersection filled with pedestrians it it might be better to kill the red light runner rather than let multiple persons be harmed by them. Once the runner has passed through the light he would no longer be as dangerous as long as he was committing no other crime.
              A person running from pursuit has declared themselves to be not abiding by public safety laws which puts the public in danger. They still remain part of that public and can be hurt or killed by their own actions. Since they are continuously committing a crime by running, they would be the ones responsible for their own actions.

          • http://www.facebook.com/electricbike Troy Rank

            How about fucking running a man over with your car, malice intent you blind motherfucker…

            • http://www.facebook.com/randy.singer2 Randy Singer

              I have been to law school. Over half a century ago cops in this country could shoot a fleeing suspect. Since then the courts have ruled that even a fleeing suspect is entitled to a presumption of innocence. His flight might not be an admission of guilt, it might simply mean that he is afraid of the police. The courts have decided that everyone has a right to a trial. A police officer, in most cases, doesn’t have the right to decide to be both judge, jury and executioner.

  • TraderJoesSecrets

    I have to wonder what the guy who jumped *onto” the bike was thinking. And for that matter why the rider slowed down to let his friend on. I guess we’ll never know; perhaps he didn’t realize that the cop had hung a u-ey and was in hot pursuit. It does sort of look like an intentional ramming although it would take an accident investigation to know more. For example, are there skid marks showing the cop was on the brakes? (For that matter, was there a dash cam? This is a case for ‘black boxes’ in cars.) And again, I ask, was the cop’s judgement impaired? http://backmarker-bikewriter.blogspot.com/2013/03/riding-into-roid-rage.html

    • Bruce Steever

      Mark, do you think that a controlled bump to bring the bike to a halt would have been justified?

      It’s pretty obvious in this instance that the police car rammed the bike with far too much aggression, but what would folks be saying if the officer had merely knocked the rider over to make an arrest?

      • TraderJoesSecrets

        I don’t guess that much rational thought was happening, on the bike or in the car, in the heat of the moment. As far as ‘just knocking the rider over’, IMHO, doing anything that makes a motorcycle crash even at the relatively slow speed in this case constitutes deadly force and the same rules should apply as are used to determine whether shooting a gun is appropriate. To stop a fleeing felon after a violent crime, maybe…

  • yipY

    At least the French cops will look cool doing the stupid chase thing on a scooter.Butting out a Gauloise under a sharp Cuban heel,staring to a vanishing point down a misty boulevard and growling “non” through a fat euro nose before scooting off…..I don’t want to speculate what the other hand is doing when they are popping off a few caps,The French are kinda different,guys.

  • Bruce Steever

    Finally, a good use for Honda’s DCT!

  • Robotribe

    Stupid guys being reckless on motorcycles doesn’t excuse the stupid behavior of the cop in a car. All parties are guilty, and the living ones deserve punishment. And by “stupid behavior of the cop in a car”, I mean the OBVIOUS fact (watch the video) that said officer was violating the department policy regarding “risky chases”.

    • MrMotoWise

      I didn’t used to hate cops, but I am starting to. I got drunk with an old friend who is now LAPD, the stories that came out were scary to say the least.

  • http://www.racetrackstyle.com/ Racetrack Style

    Time to put calmer NYPDs on Super Moto bikes in the city with blue tooth helmet communication?
    Did the officer not see there were no helmets?

  • http://www.facebook.com/electricbike Troy Rank

    Send the cop to jail

  • Kevin

    The justice/security at all costs crowd is enabling the illegal imprisonment and killing of U.S. citizens and the militarization of our police forces. Eventually the public will start to realize the cost of eroding their protections against the abuse of authority, one can only hope.

  • http://www.facebook.com/chester.nodier Chester Nodier

    Motorcyclist? Where is the motorcyclist in this story? Most of us know being a motorcyclist is an adventure in personal responsibility. Irresponsible motorcyclist? I say there’s no such thing. Any dirt bag can throw a leg over the seat of a motorcycle. Anyone who trashes the image of motorcycling can use another name. In this case, I suggest hoodlum.

  • MrMotoWise

    Yes, I agree with you totally. There are just far too many bad apples, in part because the job is so difficult, stressful, and easy to abuse. IMHO our society in general would benefit tremendously if we made both cops and teachers “the elite” – pay them on the same scale as high-end lawyers, but at the same time tremendously raise the bar for entry, ongoing training requirements, etc. I refuse to believe that we couldn’t find the way financially to make this happen, if it were a national priority.

  • http://www.facebook.com/people/Conrad-Kania/22012503 Conrad Kania

    Daaaamn, That’s NOT murder?

  • TheBoatDude

    Did they ever determine what the guys on the bike did that made the cop make chase to begin with?