Tags: road | rage | nyc | malzberg

Legal Expert: Driver of Car in NYC Road Rage Incident Looks 'Pretty Innocent'

Monday, 07 Oct 2013 07:11 PM

By Bill Hoffmann

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The shocking New York City road-rage incident in which a motorcycle gang attacked a driver is "totally innocent," according to CNN legal analyst Paul Callan.

"He looks totally innocent to me on the facts as I've seen it," Callan, a former homicide prosecutor, told "The Steve Malzberg Show" on Newsmax TV.

The driver had been corralled on the roadway by the group of motorcyclists, and following a fender bender, fled in fear, running over one of the group. He had his wife and small child in the car with him.

"The guy’s got a right to try to flee, his wife and kid are in the car, and if somebody's attacking you, you can flee and if somebody gets hurt, well that's just what happens.

"He ends up bumping another motorcyclist and hurting somebody else and mayhem ensued."

According to news reports, some of the motorcyclists were police officers, none of whom called 911 or tried to stop the attack on the motorist.

Story continues below video.



But Callan said those officers can't be charged under criminal law for not helping out.

"The law doesn't require you to come to the aid of somebody else who's even been criminally assaulted. So they're not going to be subject to criminal charges based on that," he said.

"They will, however, face the possibility of departmental charges lodged by NYPD if they were found to have acted improperly."

Police are searching for more suspects in the attack on Alexian Lien, who, with his wife, was pulled out of their Range Rover. Lien was then held down and beaten.

Two suspects have been charged so far.

See the Steve Malzberg Show on Newsmax TV each weekday live by Clicking Here Now

You can listen to the Steve Malzberg Show each weekday live from 3-6 PM ET on SiriusXM 244.




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