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Video: No charges against driver filmed knocking cyclist from bike and assaulting him

Incident took place in Colchester in October but Essex Police told rider there was insufficient evidence - despite video footage

Twitter users have expressed their astonishment at the failure of Essex Police to bring charges against a motorist filmed knocking a cyclist off his bike then getting out of his car and assaulting the rider.

The incident took place on Saturday 14 October in Newcomen Way, Colchester as cyclist Wolf Simpson made his way to a local bike shop.

A tweet of some of the footage posted by Evo Lucas has been retweeted hundreds of times and attracted hundreds of comments,

The driver appears to speed up as he approaches the cyclist, despite a lorry parked on the right restricting the available width of the road.

He passes the rider very closely, then turns around and uses his vehicle to knock the cyclist from his bike, then exits his vehicle and physically attacks him.

Mr Simpson posted the full video to YouTube, and in a text commentary to it says that afterwards, “I called 999 for the attempt on my life and the assault.”

“At first the person on the phone [was] shocked and more concerned of any injuries to me, which thankfully [there] weren’t any to worry about.

“The helmet took all the blows from the driver’s fists and I got minor bruising on hip after being hit with the car.

But he said: “Despite the video footage, Essex Police decided to take no further action on the driver for his dangerous driving due to ‘insufficient evidence’.”

“Despite the footage clearly showing the driver deliberately getting out of his car and assault[ing] me with attempt to do harm, no charges given as the helmet took all the blows and no injuries to me despite the driver admitting he did assault me.”

He said that “All they [police] did do is get him to pay for damages [to the bike] through ‘community resolution’.”

He added: “I had no say in this at all, it was done and dusted by the time I received the letter from Essex Police and told where to collect the money.”

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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68 comments

Avatar
partsandlabour | 6 years ago
6 likes

I had something along similar lines happen to me in Gateshead.. Driver nearly took me out when passing.. Then tried to ram me after I caught him at the lights, then got out and tried to assault me, which he couldn't do but did kick my wheel and bent it. All on cctv from a bus and pub adjacent. Northumbria police sent two officers to interview me.. Got the cctv, then did SHITE ALL after I pursued it with them. I didn't even get my wheel paid for. Too much hassle for them. Any Northumbria officers on here want to look into this and redress the balance against the incompetencies of your colleagues, please pipe up

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kie7077 | 6 years ago
7 likes

So if the cyclist were to attack the driver and hospitalise him then the police wouldn't be able to do anything at all if there were no other witnesses and video evidence then, right?

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1961BikiE | 6 years ago
5 likes

I appreciate that it is Essex so this possibly qualifies as run of the mill. But sarcasm aside that police force need a very strong kick in the arse! Appalling.

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Valbrona | 6 years ago
3 likes

Can you imagine the charges the cyclist would have faced if he had very successfully defended himself from physical attack.

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Yorkshire wallet replied to Valbrona | 6 years ago
11 likes
Valbrona wrote:

Can you imagine the charges the cyclist would have faced if he had very successfully defended himself from physical attack.

Attempted murder if done on a fixie. 

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NPlus1Bikelights | 6 years ago
5 likes

Update (although we know all this):

https://twitter.com/EssexPoliceUK/status/942787203725447170

Driver admits assault, community resolution agreed to by cyclist (really?), driver pays £200 for damages.

No criminal record.  Essex Police saves money and fails to protect the public from this martial arts trained angry monkey.

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don simon fbpe replied to NPlus1Bikelights | 6 years ago
8 likes
NPlus1BikelightsNJerseys wrote:

Update (although we know all this):

https://twitter.com/EssexPoliceUK/status/942787203725447170

Driver admits assault, community resolution agreed to by cyclist (really?), driver pays £200 for damages.

No criminal record.  Essex Police saves money and fails to protect the public from this martial arts trained angry monkey.

That's a very poor show from Essex plod. It's a shame as some plod do excellent work and all this is undone by a few lazy twats.

Rider, you shouldn't have accepted the £200.

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BehindTheBikesheds | 6 years ago
9 likes

Threaten to take legal action against the police if no joy through IPPC. They are bound to protect the wider public at large and by not taking acion here this basically says it's okay to assault someone with a deadly weapon.

A Lord Justice has already said you can take the police to court over this lack of action that has a wider effect on public safety.

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brooksby | 6 years ago
5 likes

I just watched this with the sound off (rather got the impression it might be NSFW).

What is it with people who are so riled up that cyclists are on the road and possibly holding them up, that they can go waaay out of their way to explain this and take out their frustrations on the cyclist?  I mean: the cyclist was bl00dy miles away by the time this twunt caught up with them?!? 

I think that if the police think there's no case to answer then they have a serious problem in their triage (is it triage with the police?) system.  The idea that the police can just go "hey-ho" and not even pass it through for prosecution is completely unbelievable IMO.

Would love to know what excuse Mr "I Know Kung-Fu, I do" provided for his behaviour.

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ironmancole | 6 years ago
11 likes

Attempted murder.  You do not use a tonne and a half of metal to assault someone and then follow it up with a further physical attack.  The police have failed in their duties.

As for the evidence not being sufficient if that same video had contained footage of an armed robbery the police wouldn't have hesitated in using the contents so yet again Wolfie is given poor excuses not to act.

I would write immediately to the MP in that area demanding urgent review of the police decision as a matter of public safety.  The police could have acted here but have simply chosen not to.

There are also questions around the drivers mental state that should be passed via the police to DVLA.  Does he need his licence revoking on medical grounds?  The DVLA don't muck about when it comes to removing some licences where medical fitness is concerned, something they don't do enough of in my opinion.  This guy surely has some very questionnable mental health issues if he considers it acceptable to do this with his car.

Additionally, any of us could also write to the police questioning their decision on the grounds of severe public concern.  They are a public body funded by you and I and should be able to account for their decisions when a matter of concern is legitimately raised.

I am going to do this on the grounds that Colchester clearly has disregard for the lives of vulnerable road users and I would like the police to explain just what level of physical assault is acceptable in 2017 by motorists charged with exercising due care to those around them.

If anything like this ever happens to you DO NOT ACCEPT the police immediately fobbing you off.  Northamptonshire Police tried to do this to me and I complained.  It is now with the Chief Constable after my complaint was accepted and escalated.

Mine was complex as they failed to record the drivers actions properly meaning I am now in a claim with the Motor Insurers Bureau, even though the driver had insurance and was identified.  The police are now facing a legal claim for the lost difference between what the insurers would have paid and what the MIB award, 25% of the value of the claim and I was badly hurt, loss of earnings etc.  Until the police are forced to respond properly by road victims complaining they'll keep trying to excuse the violent conduct of some motorists, this is not OK.

I'd be surprised if Wolfie didn't develop PTSD or some other debilitating anxiety problem as a result of this.  It will certainly affect his mental wellbeing.  Claim against the drivers insurance, hit them for every penny.  Only if the costs of insuring such idiots becomes too prohibitive will we see a change from the insurance industry.

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Hamster | 6 years ago
2 likes

The problem with reporting the crime is that a civilian member of staff took the report and gave the advice. A constable or sergeant would be a better bet but they don't answer the phone. Complain to the DCC and write to the station where the report was made for a better response. Posting to You Tube has stymied any chance of it going to trial though as the evidence has predjudiced the right to a fair trial.

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FluffyKittenofT... replied to Hamster | 6 years ago
7 likes
Hamster wrote:

The problem with reporting the crime is that a civilian member of staff took the report and gave the advice. A constable or sergeant would be a better bet but they don't answer the phone. Complain to the DCC and write to the station where the report was made for a better response. Posting to You Tube has stymied any chance of it going to trial though as the evidence has predjudiced the right to a fair trial.

 

I really don't get your last point.  Because if it's true, then it's a good way to get away with any crime you wish - just video yourself committing it, then post it to youtube and they can't touch you for it!

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hydrophil | 6 years ago
13 likes

I’d be contacting CyclingUK legal team and asking  them to file a prosecution against the driver

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Rapha Nadal | 6 years ago
7 likes

The helmet took all the blows from the driver’s fists and I got minor bruising on hip after being hit with the car."

“Despite the footage clearly showing the driver deliberately getting out of his car and assault[ing] me with attempt to do harm, no charges given as the helmet took all the blows and no injuries to me despite the driver admitting he did assault me.”

There you go.  Conclusive proof that helmets DO work and should be worn!

In all seriousness though; it is quite baffling that no further action is being taken.  As folk who aren't directly involved can we open a complaint with the force in question?

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Eton Rifle replied to Rapha Nadal | 6 years ago
5 likes
Rapha Nadal wrote:

The helmet took all the blows from the driver’s fists and I got minor bruising on hip after being hit with the car."

“Despite the footage clearly showing the driver deliberately getting out of his car and assault[ing] me with attempt to do harm, no charges given as the helmet took all the blows and no injuries to me despite the driver admitting he did assault me.”

There you go.  Conclusive proof that helmets DO work and should be worn!

In all seriousness though; it is quite baffling that no further action is being taken.  As folk who aren't directly involved can we open a complaint with the force in question?

Ha ha ! Au contraire. The fact that the fat cunt can't punch through a flimsy plastic hat is simply evidence that he is a shit martial artist. Not a martial artist at all, in fact. No sifu worth his salt would allow a twat like that in his club.

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Rapha Nadal replied to Eton Rifle | 6 years ago
2 likes
Eton Rifle wrote:
Rapha Nadal wrote:

The helmet took all the blows from the driver’s fists and I got minor bruising on hip after being hit with the car."

“Despite the footage clearly showing the driver deliberately getting out of his car and assault[ing] me with attempt to do harm, no charges given as the helmet took all the blows and no injuries to me despite the driver admitting he did assault me.”

There you go.  Conclusive proof that helmets DO work and should be worn!

In all seriousness though; it is quite baffling that no further action is being taken.  As folk who aren't directly involved can we open a complaint with the force in question?

Ha ha ! Au contraire. The fact that the fat cunt can't punch through a flimsy plastic hat is simply evidence that he is a shit martial artist. Not a martial artist at all, in fact. No sifu worth his salt would allow a twat like that in his club.

Ha ha ha!!  Well, you've got me there! HI-YA!

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alansmurphy replied to Eton Rifle | 6 years ago
3 likes
Eton Rifle wrote:

Ha ha ! Au contraire. The fact that the fat cunt can't punch through a flimsy plastic hat is simply evidence that he is a shit martial artist.

Or that helmets are great, wonder if there's anywhere we could debates such an issue!

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CXR94Di2 | 6 years ago
5 likes

Complaints to Essex police, highlighting their ineptitude over this matter might bring a review and subsequent prosecution

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Jimmy Ray Will | 6 years ago
8 likes

Seriously wow!

What is the correct course of action to challenge a police constabulary's decision? 

This is ridiculous.

As commented on, this has to be a case of someone knowing someone suitably important.

The video shows you everything, unedited... clearly premeditated action... no accident at all.

OK, the physical assault is not on camera, however the deliberately knocking someone off bit is unarguable. 

Would love to learn Essex's formal explanation of why the video, witness statements etc are not worthy of evidence. 

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gigster69 | 6 years ago
1 like

Absolutely shocking. Why do some people think that they have the right to play with someone else`s life. The driver was wrong on the initial pass as the cyclist had right of way due to the parked car on the other side of the road. This is clearly assault using a vehicle as a weapon & how the police can do nothing about it way beyond a joke, they police force are the joke. You`ve got plenty of footage here for a compensation claim, use it against him, that will hit him where it hurts most. Wish there was an eye for an eye law. Here you go here`s my bike, give me your car keys and let me do that to you and see how you like it. I wonder what the responce would be, but alas two wrongs don`t make a right.

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Metaphor | 6 years ago
2 likes

Let the economic boycott of cycle hating Tory Britain begin!

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Yorkshire wallet replied to Metaphor | 6 years ago
6 likes
Ramuz wrote:

Let the economic boycott of cycle hating Tory Britain begin!

Not your best effort. Needs more Brexit and a touch of Corbyn.

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HoarseMann | 6 years ago
8 likes

“Enhance image...”

Ah, that'll be the European Traditional Wing Chun Association then...

 

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mcmahonsport | 6 years ago
5 likes

A very similar incident occurred to me in Nottingham and I had to refer it to the police professional investigation department. No response after 18 days. Terrible service.

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alansmurphy | 6 years ago
8 likes

I love the way the driver thinks, "if I tell the van driver he was a little wide, then it's ok to run him over..."

Even when wolf gets his phone out you can see the car is turned onwards towards the kerb (and therefore rider). This isn't assault it is actually attempted murder, how do you argue that this isn't premeditated and/or using a deadly weapon!

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Capercaillie | 6 years ago
12 likes

Unfortunately some drivers are now emboldened by the increasing number of anti-cyclist rants in the popular media.

It makes them think that any cyclist who does not show due deference and immediately remove themselves from the road in the presence of a motorist can legitimately be attacked, because popular opinion is on their side.

It's similar to the increase in anti-immigrant attacks in the wake of the Brexit vote, but whereas the perpetrators of racist attacks will generally be prosecuted if caught, attacks on cyclists appear to be seen by the police as entirely justifiable.

 

 

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Sub4 | 6 years ago
8 likes

The more publicity this gets, the better IMO.

I’ve retweeted a few versions. This vigilante bigot needs some time without his licence (since behind bars just isn’t going to happen). Some medication wouldn’t go amiss either, to deal with his uncontrollable rage.

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burtthebike | 6 years ago
17 likes

The only real question here is: who does the driver know?

My guess is that he is the son of a senior police person, or perhaps the son of the grand master of the local masonic lodge.   This is a clear case of assault, with malice aforethought, quite deliberate and not done in a moment of irrational anger.  The only way the police could possibly justify not prosecuting is either total and utter incompetence or some form of nepotism.

Find out the driver's name and who his relatives are and blast it all over the media and embarrass the police until they take some action.  If someone dies as a result of this driver being free to carry on his attacks, I hope the police who took these disgraceful decisions will be ashamed enough to resign and find a job they are more competent to do, like stacking shelves.  Certainly nothing to do with protecting the public.

This stinks, expose it.

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DrG82 | 6 years ago
9 likes

"Insufficient evidence"?

You have to wonder what would be considered sufficient, do you need a signed affidavit from the perp to get a conviction these days.

 

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Yorkshire wallet | 6 years ago
10 likes

Private prosecution time.

 

A bit like Hammer Time but less effective.

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