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Old 05-21-2011, 11:47 AM   #16
Flood
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OK, just in case this isn't known by some: A thread with the same topic has been started here recently, went sideways, got punted downstairs and went down in flames, straight to Head Explody.

There's a good chance this one will follow. Internet bravado and keyboard commando antics won't be helpful, just like smartass comments and dickery.

When in doubt about what to post, everyone's welcome to take a look at the site rules again.

Cheers, Flood
TPL moderator.
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Old 05-21-2011, 12:44 PM   #17
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Respectfully, I just checked those site rules and I didn't see the phrase "smart ass comments" mentioned once.

I like reading smart ass comments... dumb ass comments, not so much.
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Old 05-21-2011, 01:50 PM   #18
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To be clear, I was referring to what was going on in the last thread.
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Old 05-21-2011, 02:03 PM   #19
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Quote:
Originally Posted by O.C.F.RIDER View Post
I hope he gets ass-fucked by 205 other inmates!
yes
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Old 05-22-2011, 02:31 PM   #20
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My Amicus Brief

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Originally Posted by sufa114 View Post
yes
I will have to keep it on another level entirely when I file this Amicus Brief (Friend of the Court brief) with the Court tomorrow.

They can ignore it or even potentially refuse to accept it but there is no limitation on whether a private citizen can weigh in on pending criminal cases. This means that anyone here can and should, in my opinion, do the same thing. Chats on a board are great, but without impact to the Court they can be ignored.

May it please the Court:

As an avid Motorcycle rider for the past 38 years I read about this case in absolute horror. The fact that the rider was apparently not even violating the law in any way only fueled my contempt for the actions of Cody Eller, who apparently admitted he fully intended to strike the motorcycle ridden by William Hawksley.

As such, this case is no different from that of the tragic Nashua case in which Ivonne Hernandez diverted from her path home and struck and killed Matthew Beaudoin, using her vehicle as a weapon.

Ford Fusion vs. Kawasaki ZX14

2010 Ford Fusion Curb weight: 3591/ 3803 (Front/AWD)

2010 Kawasaki ZX14 Curb weight: 567

2010 Ford Fusion safety structures:
• Electronic Stability Control
• 4-Wheel ABS • Child Seat Lower Anchorage
• Adjustable Upper Belt - Front • Seatbelt Pretensioner • Energy Management Feature
• Advanced Air Bag Features (8 bags) • Side Airbag - Front • Head Airbag - Front


2010 Kawasaki XZ14 safety structures:
Brakes and Tires.

After reading hundreds of comments on dozens of motorcycle boards around the World, I have found the single most relevant passage to help the Court understand the grievous nature of Defendant Eller’s actions, such that he face New Hampshire’s highest level Assault rather than the Second Degree charges he now faces.

Quote:
Originally Posted by___________

So, if this little waste-of-space had intentionally swerved to hit a pedestrian instead of a motorcyclist how much of an uproar do you think it would have caused? Depending on the rider's gear he's not much more protected than if he had been walking on the side of the road.
Exactly. I may cut and paste a bunch of comments from reader boards without identifying anyone specifically and file them with the court. This is a good one, particularly since in Nashua a woman was convicted of murder for intentionally striking a pedestrian with a car! 20-40 years, mate: http://tinyurl.com/44umsn7

Hernandez’s actions, Senior Assistant Attorney General Susan Morrell said Tuesday, showed a clear disregard for human life and deserved a stiff sentence.

“When she accelerated and drove her car at Matthew and his friends, she committed murder,” Morrell said. “The sentence in this case should not be discounted because the defendant used a vehicle rather than a gun or a knife.”

From my Journal Entry:
http://christopher-king.blogspot.com...gh-county.html


16 MAY 2011
KingCast implores Hillsborough County Attorney Dennis Hogan to do the right thing in Cody Eller road rage motorcycle case: Prosecute him for First Degree Assault.


Dear Prosecutor Mannion:

Millions of motorcycle riders worldwide wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and we hope that you prosecute him to the fullest extent of the law, including community service in a trauma unit.

A Google search of Cody Eller road rage will reveal some relevant discussion threads and my journal contains my review of the situation here:

However we are very concerned that he was not charged with First Degree Assault. Most of us believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not we would settle for First Degree Assault as the elements are clearly all there. Mr. Eller is cognitively aware that he is driving a 3,000-3,400 lb automobile against a 5-600 lb motorcycle with an exposed rider. He is charged with constructive knowledge that serious bodily harm will ensue, and he admitted that he willfully committed his actions.

631:1 First Degree Assault –
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g;

We need to send a strong deterrent and punitive message with this case, and I know that motorcycle boards all over the country will be watching and I will be at his hearings running courtroom video.

Please advise.

Respectfully submitted,

/s/Christopher King
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Old 05-22-2011, 03:36 PM   #21
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can anybody go to this hearing tommorrow? i would like to go if i could to show support for the rider and his family. this is pretty sad and i hope the kid gets what he deserves...
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Old 05-22-2011, 08:01 PM   #22
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I hope many others show up.

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can anybody go to this hearing tommorrow? i would like to go if i could to show support for the rider and his family. this is pretty sad and i hope the kid gets what he deserves...
I hope other bikers show up so I can get some candid interviews for the video.

My Amicus Brief:

http://www.wepapers.com/Papers/14512...Degree_Assault.

Peace.
C
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Old 05-23-2011, 04:50 AM   #23
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Hey Boston Sprint....................

Good on ya for doing what you're doing!

Chris
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Old 05-23-2011, 09:10 AM   #24
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Thanks!!!!

Quote:
Originally Posted by O.C.F.RIDER View Post
Hey Boston Sprint....................

Good on ya for doing what you're doing!

Chris

http://christopher-king.blogspot.com...gh-county.html
Here's your update.... Video late night..... Continued to 14 June.... The continuance was made at the request of counsel Jeffrey Kaye.... who probably didn't recognize that as being Bike Week. Whoops..... if they think they saw some irate bikers today just wait until then, ahem. Speaking of irate, my old friend Mike Gannon was there, I knew it as soon as I heard his Harley coming up the road. Mike and I both made NH LE look pretty stupid a few years ago, long story.

As I interviewed some folks who showed up in support I discovered that victim William Hawksley didn't put his bike down despite having a shattered leg. He relayed that Mr. Eller pushed him across a couple of lanes of travel before the nightmare ride concluded. Talk about superior luck and biking skills.
Regardless, Ma and Pa need to be double-checking their insurance policies. The following colloquy ensued as I walked through the door:

"What are you people doing here," bellowed L'Esperance," who will soon receive a written complaint.
"I didn't know we needed a reason, this is a public courthouse isn't it?
"I told you it was continued."
"Well we're just here to make sure of that."
"The motion is under advisement."
"Well that means it hasn't been continued yet then, right? Why are you being so hostile to us?" I asked.

Honestly he looked like he was going to blow a gasket, and all of us bikers were just standing there quietly. Meanwhile all of the people who had court hearings were looking on in amazement and shaking their heads at the guy. He probably has no clue that the sitting Judge -- McLeod -- has already ruled in my favor in a First Amendment case.

Boston_Sprint screwed with this post 05-23-2011 at 10:36 AM
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Old 05-23-2011, 02:57 PM   #25
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The short film.

Today's feature presentation.....

Well folks the serious nature of the issue, the attention to the video production values and the sentiments of the riders involved are all self-evident.

What is not quite so evident is that when the video thumbnail eventually changes -- YouTube has been deathly slow on this lately -- you will see a certain lifelong biker named Michael Gannon reaching to shake my hand with a smile on his face.

Why is that? Well let's just say we go way back......

http://www.dvorak.org/blog/2006/07/11/5963/#comments

Enjoy the vid, peace.
http://www.youtube.com/watch?v=-E3Imhe2o1c
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Old 05-23-2011, 05:38 PM   #26
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Thanks Boston. I think you are doing community a great service by making this as public as possible -- let's not allow this to get swept under the rug. I'm so tired of little punks getting away with stuff all the time.
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Old 05-23-2011, 11:41 PM   #27
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Both individuals deserve far more than they got. Cant believe the ninja didnt drop! Thats nuts!
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Old 05-24-2011, 01:52 AM   #28
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I don't get why the judge allowed him to keep his license in order to look for a job. Who will hire him now after he tried to kill someone? With an inability to control his anger like that, he seems as if he would be the type to fly into a rage at work and possibly hurt someone. I wouldn't hire him.
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Old 05-24-2011, 06:50 AM   #29
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Good point.

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Originally Posted by opaque_machete View Post
I don't get why the judge allowed him to keep his license in order to look for a job. Who will hire him now after he tried to kill someone? With an inability to control his anger like that, he seems as if he would be the type to fly into a rage at work and possibly hurt someone. I wouldn't hire him.
Word to that. I'm just spreading the word, much to the chagrin of at least one court employee.... who is of course drawing a salary from the taxpayers.....
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Old 05-25-2011, 11:54 AM   #30
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I was unable to attend the probable cause hearing on Monday. Do you know when the next hearing has been scheduled?
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