I just watched the video again about 8 times, and the first biker who was hit by the SUV clearly did *not* cut in front of the SUV - it was already in front of the SUV but it slowed down, probably because the rider was looking at the bike that had the helmet cam, and the SUV hit him. We don't know what happened in the seconds following the first biker hit by the SUV - we don't know why the SUV ran at that point. He probably felt threatened because there were bikes all around him, which may or may not be supported by how the bikers were behaving. There's no way for us to know - we can only guess. And it all spiraled out of control after that, when the SUV went on to hit two more bikers. Errors on both sides, but there's simply no rational way to deny the SUV started it all by hitting 1 biker followed by 2 more. The bikers hadn't actually done anything except perhaps slow the SUV down before the SUV had hit 3 of them. We're not allowed to start running people over simply because you feel threatened - there must be an articulable threat that's better than "I'm scared of bikers so I ran them over". I'm surprised it's difficult for some to see that.
What the news media aired was well into the video the bikers themselves posted online... They were looking for trouble and they found the SUV.
My take is.... the driver, faced with a GANG Mentality, saw potential for harm to himself and his loved ones. As it escalated, the gang became more emboldened and was attempting to stop and surround the SUV. In NY city, unless you are well connected, no right to defend yourself with a gun. Also, since he saw that the situation was deteriorating, he would certainly be concerned that they would inflict bodily harm to he and his family...and at some point probably feared for their lives. AT this point, once fear for your life sets in, you have the duty under NY state law to 'retreat'. The only way he could "retreat" was to get himself out of the middle of the pack, which he did. If he took the time to ask them to move so he didn't hit them, what would have been the result? So, once the "fear for life" threshold has been reached, and "retreat" is not possible, then "deadly force" is in play!
If it were me, and I was pinned in traffic with nowhere to go ahead...I would have been in reverse, forward reverse forward reverse....until I was out of danger, even if it meant driving the wrong way to get away from the gang.....and, oh, by the way...at that point, I'm not really that concerned with how many of the thugs ended up under my wheels. After all, I'm in self-defense mode!
As a 'biker' myself, I can honestly say that I or any of the 'bikers' I know are not that threatening to the average driver....you're making the assumption that they were just out for a 'nice, peaceful ride', when the SUV driver provoked them. I personally believe it was the other way around.
