As the brilliant lawyer Elle Woods said in the movie Legally Blonde, “Exercise gives you endorphins. Endorphins make you happy. Happy people don’t shoot their husbands, they just don’t.” Who can argue with legal reasoning like that? Well, I think this Jefferson County mountain biker can. According to the news report, the biker was climbing the North Mountain Table when he encountered a runner wearing headphones. The biker rang his bell in an attempt to notify the runner he wanted to pass, but the runner did not acknowledge him. Finally, the runner pulled off the trail and the biker shook his head as he passed him. This did not sit well with the runner. Some time later on a different path, the biker came across the same runner, only this time they were going in opposite directions. I guess the runner’s happy endorphins hadn’t kicked in yet, because he allegedly grabbed the biker by the throat and threw him up against a boulder on the side of the trail all the while punching him in the head and jaw. Then he moved on to kicking the biker in the back and ribs. The runner proceeded to grab the bike and throw it off the trail and down the mountainside. While the runner has not been identified, if he ever is, he would likely be facing charges of Felony Criminal Mischief and Second Degree Assault.
Larimer County Assault in the Second Degree Lawyer: What is the Definition of 2nd Degree Assault?
The Second Degree Assault statute is very long, so let’s just look at the specific area that would apply to the case above. The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(1)(i) – is:
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
Because the runner was accused of grabbing the biker by the neck and applying pressure, both impeding his breathing and causing pain (bodily injury), he would be facing this felony charge. In Larimer, Boulder, and Grand County, Second Degree Assault under this subsection is a class 4 felony extraordinary risk crime, which is punishable by 2 – 8 years in the Colorado Department of Corrections and up to $500,000 in fines.
Fort Collins Felony Criminal Mischief Lawyer: What is the Definition of Criminal Mischief?
The Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
Because the runner threw the bike down the mountainside (which I’m sure caused some damage) he is facing this charge. And, by the way, do you know that nice mountain bikes commonly exceed $5,000.00 in Fort Collins, Loveland, and Estes Park? If this was one of those types of bikes and the damage was so severe that fixing it is not really an option, the runner might be charged based on the total value of the bike – which could get him into the felony range if the value was $1,000 or more.