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Texas cyclist shoots driver who deliberately crashed into his riding partner

Police say he was justified in using firearm because he feared for his life

A cyclist in Houston, Texas, shot a driver who had crashed into another rider – with the city’s police department saying that he was justified in pulling the trigger, because he feared for his life.

The incident happened in the city’s East End at the weekend, reports ABC 13 Eyewitness News.

The motorist, 26-year-old Jose Angel Hernandez, is alleged to have shouted at a couple cycling to get off the road as he drove his vehicle at a woman, apparently on purpose.

The man she was riding with then opened fire on the driver –carrying a concealed weapon is permitted in Texas under licence, although even that requirement will be scrapped from 1 September.

A police officer at the scene was reported as saying: “He was in fear of his life, and he was trying to defend himself.”

The cyclists were said to be “okay” following the incident, while Hernandez was taken to hospital for treatment for unspecified injuries and has since been charged with aggravated assault with a deadly weapon – in other words, his car.

Local cycle campaign group Bike Houston said on Twitter: “While we do not recommend people carry a weapon while riding their bikes, this incident shows that the threat of traffic violence is enough to convince some bicyclists that they must.”

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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38 comments

Avatar
leedorney | 3 years ago
1 like

I've had thoughts on this before whilst cycling and I've thought, upon taking a life would only be just if my life was on the edge.. we generally live in a law abiding society, and so i hope it stays that way!

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Hirsute | 3 years ago
0 likes

This came up for me randomly

https://www.youtube.com/watch?v=TatC6B--SP8

Armed Cyclist tackled by Pedestrians - Cardiff !

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Jenova20 | 3 years ago
3 likes

This seems like a decent result. Far better than getting the driver sent on a poxy course over in the UK...

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wtjs replied to Jenova20 | 3 years ago
2 likes

Far better than getting the driver sent on a poxy course over in the UK...

You missed 'poxy online no-inconvenience at-your-leisure' course in the UK

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Jenova20 replied to wtjs | 3 years ago
1 like

wtjs wrote:

Far better than getting the driver sent on a poxy course over in the UK...

You missed 'poxy online no-inconvenience at-your-leisure' course in the UK

I had heard they were previously 4 hours long, and are now online and 30 mintes long. If that's true then it's less of a deterrent.

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hawkinspeter | 3 years ago
8 likes

//i.imgur.com/RYzszBy.jpg)

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Christopher TR1 | 3 years ago
8 likes

This is great. There are many, many more motorists who would benefit from this education.

Personally I would feel justified taking at least 3 motorists out on every commute. Unfortunately it's illegal in this country, plus I would find the weight penalty hard to accept.

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Mungecrundle replied to Christopher TR1 | 3 years ago
17 likes

Weight is less important than aerodynamics.

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eburtthebike replied to Mungecrundle | 3 years ago
1 like

Mungecrundle wrote:

Weight is less important than aerodynamics.

Now you're talking!

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belugabob replied to eburtthebike | 3 years ago
6 likes

The weight penalty reduces, with each use...

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Drinfinity replied to Mungecrundle | 3 years ago
1 like

How fast is this going backwards when the unfortunate rider pulls the trigger?

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brooksby replied to Christopher TR1 | 3 years ago
1 like

Hmm - kickstarter for a carbon fibre wheel blade thingy... 

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Hirsute replied to brooksby | 3 years ago
0 likes

Dragons Den !

There was a bristolian father/son combo last week trying to sell an ebike converter kit.

I did wonder if it was brooksby and lad or hp and lad !

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brooksby replied to Hirsute | 3 years ago
1 like

eBikes?  Don't you talk to me about eBikes... surprise

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Hirsute replied to brooksby | 3 years ago
2 likes

You won't be saying that when you are older with an arthritic hip or dodgy knee !

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wtjs replied to Hirsute | 3 years ago
5 likes

You won't be saying that when you are older with an arthritic hip or dodgy knee !

Well will, because I already am older and have a dodgy knee as a result of free-fall mountaineering in 1972

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brooksby replied to Hirsute | 3 years ago
0 likes

I do have a dodgy knee (and shoulder, and foot, and elbow).  Does my opinion on eBikes count now?  3

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Hirsute replied to brooksby | 3 years ago
0 likes

No true scotsman...

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Steve K | 3 years ago
38 likes

Leaving aside the gun issue, isn't it refreshing to see the police treat a car as a deadly weapon?

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belugabob replied to Steve K | 3 years ago
11 likes

Precisely my thoughts - if you were merely carrying a knife, in public, you'd be liable for prosecution but, actually using a vehicle as a weapon seems to be acceptable, for some reason

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jh2727 replied to belugabob | 3 years ago
0 likes

belugabob wrote:

Precisely my thoughts - if you were merely carrying a knife, in public, you'd be liable for prosecution but, actually using a vehicle as a weapon seems to be acceptable, for some reason

Doesn't even need to be sharp knife - one chap was convicted for possessing the handle-less blade of a completely blunt butterknife (even heated up, it probably couldn't cut butter).

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arowland replied to belugabob | 3 years ago
0 likes

belugabob wrote:

Precisely my thoughts - if you were merely carrying a knife, in public, you'd be liable for prosecution but, actually using a vehicle as a weapon seems to be acceptable, for some reason

So, is carrying a car illegal (as well as very, very difficult)? It doesn't seem fair that knives and handguns are illegal, but tanks and cannon are OK because they have their own wheels.

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TheBillder replied to arowland | 3 years ago
0 likes

Reviews of luggage and jersey pockets are going to have to change if we're all going to want to be tooled up.

AFAIK context is important for offensive weapon prosecutions - if you are carrying a kitchen knife in its unopened packaging having just bought it, you're not in any trouble unless there's clear evidence that you're on your way to commit a crime with it. On the flip side, you can be arrested for carrying almost anything if there's intent that it could be used as a weapon, e.g. a baseball bat at 2 am in an urban area - unless you can show that you are a key part of your local overnight baseball league on your way to a crucial game.

And infamously, years ago a man was shot dead while carrying a table leg that witnesses thought might have been a gun.

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eburtthebike replied to TheBillder | 3 years ago
0 likes

TheBillder wrote:

And infamously, years ago a man was shot dead while carrying a table leg that witnesses thought might have been a gun.

No, it was the police who thought it was a gun; and as I recall, he had an Irish accent.

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Hirsute replied to eburtthebike | 3 years ago
1 like

No, the witness thought he had a weapon in a carrier bag and that he had an Irish accent when in fact it was a table leg and it was a Scottish accent.
The police didn't really do any verification of the witness claims before shooting Stanley.
Later decided as unlawful.

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RoubaixCube | 3 years ago
3 likes

A while back, I used to chat to a guy who worked at a Dunkin Donuts in an extremely rough part of town in the US.

Both him and his manager came to work absolutely strapped. we're talking one concealed on his waist and a backup in an ankle holster on one and a boot knife on the other.

He originally didnt know that his manager was packing heat but once he opened up about himself being strapped cuz the area wasnt safe, His manager didnt care what HQ had to say about it. I dont think they ever got robbed while he was working there.

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fenix replied to RoubaixCube | 3 years ago
8 likes

They would have an armed battle over - let me get this right - Donuts ??

And if they are carrying concealed - why weren't they ever robbed. Perhaps the area wasnt as bad as your psycho pal suggested.

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RoubaixCube replied to fenix | 3 years ago
4 likes

fenix wrote:

They would have an armed battle over - let me get this right - Donuts ??

And if they are carrying concealed - why weren't they ever robbed. Perhaps the area wasnt as bad as your psycho pal suggested.

They were robbed quite a few times before he got a job there. Thats why he came to work armed the way he did. People they hired kept quitting but this guy stuck it out because he basically has an armoury at home and the manager didnt care if he came to work strapped. If his manager said he wasnt allowed to arm himself. He probably would have quit the job too.

Just because you carry a concealed weapon doesnt mean you cant draw your weapon if you see trouble about to happen, The same reason you dont necessarily need to fire your weapon every time you draw. 

Once people in town know that youre armed, they are less likely to attempt to rob your store though that doesnt stop crackheads and alcoholics trying.

Even if you have a concealed carry license, you normally wouldnt carry more than 1 handgun.

Though I suppose you gotta be a little crazy if youre working in Dunkin Donuts.

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FrankH replied to fenix | 3 years ago
1 like

fenix wrote:

They would have an armed battle over - let me get this right - Donuts ??

The battle would be over the cash in the register, wouldn't it?

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Flintshire Boy replied to RoubaixCube | 3 years ago
0 likes

I just lurrrrrrve America, me.

 

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