Throwing a missile at an occupied vehicle in Virginia

[Ken Tenney]

Does anyone know if this law / language has applied to objects thrown at cyclists?  It seems like a logical, appropriate extension, as a thrown object can cause great harm to a rider, and a bicycle is vehicle.  Injuries may be from virtually nothing to death (think of a heavy object to a cyclists' head or spinal column).

 

http://leg1.state.va.us/000/cod/18.2-154.HTM

 

I am curious about any historical activity herein.

 

I find it interesting (and quite disturbing), that someone could potentially be charged with a Class 4 or Class 6 felony by throwing a missile (object), but seemingly inattentive or even reckless motorists will receive no citation or at most, a misdemenor in the case of serious injury or even death upon striking a cyclist.

 

Thoughts?

 

Thanks,

 

Ken Tenney

 

PS - I believe a cyclist who lived in the our area years ago (last in about 1995), pursued and got an assaulting "mssile-thrower" convicted on some charge, but I don't recall all of the details now.  The motorist went to jail for some time period and the object thrown was a beer can or beer bottle.  That cyclist was Art Cullen.  Anyone know anything more about that situation?

[gjbt...@comcast.net]

The "any other vehicle" portion should qualify and include cyclists under this code one would think.  Likewise, "throwing any missile" would intuitively be interpreted as "directing any missile" (i.e. driving a car) into or at any other vehicle(i.e. cyclist) even if unintentional- it should still be considered involuntary manslaughter in the case of death. I am no attorney, but I did stay at a Holiday Inn Express once.  Jerry 

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[Molly Anthon]

Ken,
Tom had an axle handle swung and thrown at him back in the late 80s.
Guy also tried to run him off the road and of course they both
exchanged verbal pleasantries. Tom pursued prosecuting the guy so he
waited for 2+ hours along the road to give a state trooper his
story. Trooper wasn't much interested but it did go to court with
the driver getting "improper driving." The judge said that was the
most he could give him...
I haven't spoken with a cop in a while, but it had been a general
opinion that they didn't like to start the prosecution/arrest process
on bike harassments because they knew that once it got to court the
judge wouldn't do much. They did say to report all bike harassment
incidents so it is in their database so that they can go after them
if they are stopped for something else.
If they throw trash at you, than can be sited for littering. When we
had the shop I really wanted to start a poster picture list of things
thrown at cyclists while riding. As we all have our stories, I think
non-cyclists would be amazed at the plethora of "missiles" that have
gone out the window in our direction.

Molly

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