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Bicyclist arrested for allegedly threatening motorist who cut him off with a knife

The Globe reports on the parking-lot incident at the South Shore Plaza.

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but does this description constitute assault?

James A. Burns, 46, pulled out a large folding knife and held it down by his thigh in a "menacing" manner after she cut in front of him to get into a parking space. She said Burns unfolded the knife and yelled threats.

Burns was charged with assault with a dangerous weapon, resisting arrest, and disorderly conduct.

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Just threatening the use of such a weapon is sufficient for a charge of assault. However, shouldn't the woman also be charged, for using her car as an assault weapon?

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coming to a demolition derby with a knife and bicycle.

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Going from the Globe writeup, "driving to endanger", or something like that.

It sounds like we're only hearing the driver's claims, and that the bicyclist was arrested.

I could speculate on what might have happened, but that might be more confusing than helpful.

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"Assault" is different from "Battery." Assault is the threat, battery is the touching. Luckily, there was no touching.

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Sometimes I wonder if most of the police understands the difference, it's pretty obvious the public doesn't.

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Stop wondering. They do teach them something at the academy. My father was a cop, and he explained the difference to me 40 years ago. It's kind of their job.

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Teaching something does not equal retaining something. Just quiz anybody on their knowledge of types of clouds, supposedly something taught around the 4th grade.

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What does this issue have anything to do with the cops not knowing the law? Do you mean this law specifically? This isn't even a complicated one. 99.9% of the cops in MA could make this call.

Edit: I shouldn't say it is that easy of a call, but the guy took out a knife and allegedly made some sort of threatening statements while holding it to the side of his leg. That should put a reasonable person in fear of his/her safety.

If you rob a bank and tell them you have a gun when you don't have anything, you get charged with an armed robbery even though you don't have a weapon and would have had no chance of hurting anyone. It has to do with the fear of the victim in these cases.

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Im not talking about this case, just the term assault in general.

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Almost nine hours, and no comments about the ambiguity of the headline. You are all slacking =(

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A 46-year old man threatens a woman with a knife and because he's on a bicycle, it's considered acceptable? That's really quite unbelievable! Someone with rage issues shouldn't be riding a bike with a weapon.

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But the cyclist having a knife and yelling threats being arrested doesn't make the motorist innocent of idiotic and dangerous driving with a dangerous weapon (car).

Cyclist with knife should be charged. Driver? Possibly charged with wreckless driving, too.

This isn't mutually exclusive. Figure it out.

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Cutting someone off does not equal intent to stab with a knife. Figure it out.

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You need a clue, son.

If I shoot my rifle in the air in celebration, and you get mad and wave a knife at me, do I get a free pass? No?

Same goes for driving to endanger not going away because the person who was endangered decides to wave a knife around. Both deserve police attention.

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delete

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Banhammer

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Ok, so we've gone from Marx Bros to the Three Stooges...Clayhammer?

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Wreckless driving is a good thing!

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when is somebody gonna digitize coffee?

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delete

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Any chance of deleting this person's account? All s/he posts is:

1) replies such as this to anything and everything one member posts
2) slams on the sexuality of people in news stories

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Oh, so you were there at the scene? How in the world do you know that the driver of the car is guilty of "idiotic and dangerous driving" ?

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Stupid.

Click link. Read story. Easy.

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I've been threatened by people in cars many times while I'm riding. If someone has the front of their car facing me and revs the engine or lurches forward, I will respond as if they are pointing a gun at me. People who use vehicles as weapons should be charged, but rarely are. I read the article, and I didn't see any evidence that the driver used her vehicle to threaten the rider. Unless someone saw the incident and can say that she did, we have to assume that she didn't.

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It doesn't matter that the cyclist threatened her: if she cut him off and admits to that, she failed to yield to an oncoming vehicle and should be handed a ticket.

Cars are dangerous pieces of heavy equipment. MA is way too easy on drivers who don't/won't/can't drive them properly.

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It doesn't matter if he threatened her with a large knife? That's insane.

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Autofellating as spoken word!

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This thread is rapidly evolving into a Marx Bros routine. Keep up the Good Work!

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... win 100 comments!

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if she cut him off and admits to that, she failed to yield to an oncoming vehicle and should be handed a ticket.

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We haven't heard anything of the bicyclist's side.

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who cares what the bikers side is...
i'm hoping the nut bag is in jail cooling off.

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i agree

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driving around that parking lot looking for one of those rest areas where homosexuals and deer fornicate. Disgusting if you ask me.

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I bet somebody made the super secret BAMBLA sign recognized by the global homosexual conspiracy and brotherhood of armed men for backwoods loving of animals, prompting the driver to dodge into the nearest parking space without looking first, cutting off the psyco-list who then pulled the knife ...

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We'd all be knife-wielding ninjas if we threatened violence to every single driver of car or bike that cut us off, blew through a crosswalk, or failed to stop at stop sign/red light. Welcome to the greater Boston area - throughout any given day you will experience: people who drive like assholes, people who ride bikes like assholes, pedestrians who behave like assholes. If you can't manage to control your rage, which the grown man in question clearly could not, then seek professional counseling.

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