Wednesday, the New York Post reported that an undercover police officer had been arrested in connection with a recent incident involving an assault by a motorcycle gang in New York City on the driver of a sport utility vehicle. A 32 year old undercover detective was arrested Wednesday and brought into court to face felony gang-assault charges for his alleged involvement in the gang assault last month.
On September 29, 2013, a man was driving his Range Rover with his wife and five-month-old child on the West Side Highway when his vehicle was surrounded by a group of motorcyclists. One of the bikers cut the man off and slammed on his brakes, causing the SUV to bump the motorcycle’s rear tire. The man stopped his vehicle and several of the bikers began to damage the SUV. The man attempted to drive away, however, in doing so struck one of the bikers.
The bikers pursed the man for over two miles before the SUV exited the highway and got stuck in street traffic. One of the bikers used his helmet to break out the driver’s window and the group pulled the man from the SUV and beat him. The man was taken to a hospital where he received several stitches in his face.
The undercover detective was arrested after a video of the confrontation uploaded to YouTube went viral and he was spotted participating the melee. The officer initially told investigators that, although he was there when the incident started, he had left before the beating began . After the video surfaced, however, the officer was identified using his fist to break out the Range Rover’s rear window.
The undercover detective was charged under New York law with riot and criminal mischief. Four other motorcyclists have also been charged in the incident.
Had the incident occurred in Maryland, in addition to assault, the motorcyclists could have been charged with disturbing the public peace and disorderly conduct under Maryland Code § 10-201, which prohibits person from willfully act in a disorderly manner that disturbs the public peace. Disturbing the public peace or disorderly conduct is a misdemeanor carrying a maximum penalty of 60 days imprisonment and a fine of $500.
The motorcyclists also could have been charged under Maryland Code § 6-301 with malicious destruction of property, which prohibits a person from willfully and maliciously destroying, injuring or defacing the real or personal property of another. Malicious destruction of property is a misdemeanor carrying a maximum penalty of 60 days imprisonment and a fine of $500 if the property damages is valued at less than $500. If the value is more than $500, the sentence is elevated to up to 3 years and fines of $2,500.
The knowledgeable attorneys of Brassel, Alexander & Rice, LLC have extensive experience defending individuals that have been charged with crimes in Maryland. If you or someone you know has been charged with a crime in Maryland, contact the attorneys of Brassel, Alexander & Rice, LLC today.