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Motorist avoids charges despite swinging golf club at cyclist during shocking road rage attack

The driver was ordered to attend an anger management course as part of a Community Resolution following the attack, which took place after he pulled across the road into the cyclist’s path

A motorist who chased after a cyclist and swung a golf club at him in a shocking road rage attack, after almost colliding with the rider while pulling out across the road, has avoided criminal charges, with West Midlands Police instead ordering the driver to attend an anger management course as part of a Community Resolution.

The incident, captured by the cyclist’s bike cameras and which can be viewed below, took place in the Birmingham suburb of Erdington on 30 June, after the rider reprimanded the motorist for almost driving into his path, a confrontation that eventually escalated into a chaotic chase which saw the golf club-brandishing driver aim a swing at the fleeing cyclist, narrowly missing him once again.

After being reported to the police, the motorist – a first-time offender – admitted the offence, prompting West Midlands Police to settle the matter with a Community Resolution and the promise of attending an anger management course, a conclusion described by the cyclist on the end of the attack as a “little disappointing” but ultimately “acceptable”.

“I saw the Fiesta start to do a U-turn from the opposite side of the road and I hoped the driver had seen me,” the cyclist involved in the incident, who wished to remain anonymous, told road.cc.

“Just before I reached the vehicle, I realised the driver had not seen me and was not going to stop so I shouted loudly to attract his attention. The driver stopped but I had to swerve and brake hard to avoid a collision.

“They clearly didn't see me, were very close, and I'm 6’ 5 tall and 17 stone and I had three flashing front lights, a hi-viz jacket, and hi-viz helmet on.”

In the second half of the video submitted to West Midlands Police, which includes sound, the cyclist can be heard shouting “Are you blind? What’s wrong with you?”, as the motorist continues to roll his car in his direction.

Both the driver and his passenger then emerge from the car – which at this point is left in the middle of the road – as the motorist shouts: “Come here you little t***, I was nowhere f***ing near you”.

“I was going to ride away but the driver exited the car. I guess my pride got the better of me and I stopped and got off my bike, expecting an argument,” the cyclist said.

“At this point the passenger got out to confront me and the driver reached into the back of the car – I assumed to get a weapon – so I decided to ride away to avoid any further confrontation.”

The motorist can then be seen retrieving a golf club from his car, before sprinting after the departing cyclist and aiming a wild swing from close range, which saw the club fall just short of its intended target and crash onto the road.

> Driver who assaulted cyclist told by police to “engage with anger management”

“Fortunately they missed,” the cyclist continued. “I shouted to the driver I would be reporting the incident to the police.

“Until I watched the video I assumed the driver had simply thrown the club from a distance.

“Violence on Birmingham’s roads seems so common now that I think I initially rationalised it as a simple traffic incident. But while I prepared the videos for a police report a few hours later I was shocked how close I came to being seriously injured, and realised I should have called 999 as soon as I was safe, so I reported this to the police via a call to 101.

“West Midlands Police were great and the PCs and detective I spoke to at various times all seemed concerned for my wellbeing and shocked at the incident.

“They eventually told me it would be dealt with as a Community Resolution, including an anger management course, as the offender had admitted their guilt and was previously not known to the police.”

> "Relentless enforcement of the rules of the road": Police force crackdown on dangerous driving after cyclist deaths

According to West Midlands Police’s own website, Community Resolutions “provide an opportunity for the police to deal with appropriate low-level offences and offenders without recourse to formal criminal justice sanctions”, and are usually reserved for “momentary lapses in judgement by otherwise law abiding people”.

“There is no criminal conviction but if the police have to deal with them in the future it will be taken into consideration,” the cyclist told us. “It’s a little disappointing, but if they are stopped from doing this again to someone more vulnerable, then it is positive.

“At first I felt it was not a severe enough punishment and had two weeks to think about it before meeting the police to sign my part of the Community Resolution.

“As I seriously considered it, I was surprised to find myself in a very forgiving mood and on talking to the officer who interviewed the offender about the details and their opinion of them, I decided it was acceptable and avoided me having to deal with a court case.

“I don’t believe I was targeted because I was a cyclist, but because of a typical young male with more pride than sense was called out, a problem I can understand.

“I’m aware, of course, that the offender may have no remorse at all, have no intention of reforming, and may go on to do this to someone else, but they are now known to the police and the Community Resolution will affect the way any future offences are prosecuted.”

road.cc has contacted West Midlands Police for comment, but is yet to receive a response.

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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52 comments

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Cycle Happy replied to NOtotheEU | 1 year ago
4 likes

You definitely aren't wrong. You have the full facts + it's your choice.

Really pleased you got up to speed and away from harm just in time.

A little disappointing it didn't end like this though!...

https://m.youtube.com/watch?v=dwljUm6Z-Ug

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NOtotheEU replied to Cycle Happy | 1 year ago
3 likes

Funny you should mention the prattfall video, when you hear me chuckle as I ride away that's what I was remembering.

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Bungle_52 replied to NOtotheEU | 1 year ago
0 likes

I think you have done an excellent job. The motorist has admitted their guilt, is now aware that any repeat will have serious consequences and is also aware that some cyclists carry cameras. If that and the course doesn't persuade them to mend their ways I don't think anything will and it is behaviour change that we are after. Hopefully he will also share his experience with friends and family.

Going to court is no longer any guarantee of any appropriate punishment for motorists even if they are found guilty, which isn't a given. Accepting a formal warning, thus saving the police time and resources, I hope  will result in them be more willing to proceed in this way as opposed to the no further actions that we have seen so often.

It takes time and effort to report. Thank you for your contribution to road safety.

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NOtotheEU replied to Bungle_52 | 1 year ago
7 likes

Thank you and I agree. The one time I got a driver into court for a close pass they represented themselves (badly) and admitted to passing too close but the magistrates still let them off because I didn't brake or swerve! I lost a day's pay and had to wear a shirt and tie, not sure which I was more upset about.

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mattw | 1 year ago
0 likes

Did the victim also go via Op Snap for (presumably given the strange treatment) Careless Driving?

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Cycle Happy | 1 year ago
11 likes

For a community resolution disposal (as opposed to cautions, charges etc) the victim should have had to agree to this disposal being used. So charges or another disposal could have been used if the victim had declined this suggested (or, I appreciate, coerced) option. However, I guess, that if the police recorded this as a public order offence rather than the attempt GBH or at very least common assault, then the argument would be made that there was no victim.

Anyway, with regards to, “I don’t believe I was targeted because I was a cyclist, but because of a typical young male with more pride than sense was called out, a problem I can understand.", this was not a typical young male. He was driving around with a golf club readily to hand and from his and the passengers clothing, they were not on their way to or from playing golf. Therefore, it was being carried as a weapon. He only had not been previously known to the police because he hadn't been caught yet.

I'm very pleased the cyclist was uninjured, a blow from a golf club would easily kill or cause GBH level injury.

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mattw replied to Cycle Happy | 1 year ago
3 likes

Of course, also threatening behaviour, and going equipped?.

According to WMP, the Police Officer is not bound by the opinion of the victim.

Are victims consulted about the decision to issue a Community Resolution?

Once an officer has decided that a Community Resolution would be suitable, under the Victim Code, they will ask the victim how they would prefer the offence to be resolved. There are four possible options, restorative justice, warning and agreement, restoration and rehabilitation. Officers are required to take the victim’s views into consideration but are not bound by them.

https://www.west-midlands.police.uk/your-options/community-resolution

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mattw replied to Cycle Happy | 1 year ago
0 likes

Duplicate.

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Cycle Happy replied to mattw | 1 year ago
0 likes

As you say, that is according to WMP.

"Resolutions can be offered when the offender accepts responsibility for offending behaviour and, in most cases, where the victim has agreed that they do not want more formal action taken."

"In most cases" is doing some heavy lifting in WMP's interpretation.

https://www.college.police.uk/app/prosecution-and-case-management/possib...

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Cycle Happy replied to mattw | 1 year ago
0 likes

Duplicate

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Cycle Happy | 1 year ago
3 likes

Duplicate

Hope you are getting money back from your server hosts road.cc!

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Tommytrucker | 1 year ago
9 likes

Jesus Christ. If that had connected.....
Also interesting how the golf club was within easy reach.

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Tommytrucker | 1 year ago
0 likes

.

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Tommytrucker | 1 year ago
0 likes

Damnit duplicate posts.

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the little onion | 1 year ago
13 likes

I'd bet my mortgage that, if the driver had swung a golf club at a pedestrian in a completely unprovoked instance, then they would face something much more sever than a community order.

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Nagai74 replied to the little onion | 1 year ago
1 like

the little onion wrote:

I'd bet my mortgage that, if the driver had swung a golf club at a pedestrian in a completely unprovoked instance...

Ah, but it's not 'unprovoked', it was a cyclist daring to use their road. 

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ktache | 1 year ago
2 likes

No driver awareness course so his wrists really sting...

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eburtthebike | 1 year ago
19 likes

So, dangerous driving, threatening language, assault and no charges?  I'm pretty sure if a cyclist had dangerously ridden at a pedestrian, then threatened them, then assaulted them by throwing a d-lock at them, they wouldn't be facing community resolution: the book would be thrown at them, and they'd likely face gaol time, or at least a suspended sentence and hefty fine.

"......the motorist – a first-time offender...."  Yeah, pull the other one.  I bet he's down the pub, laughing with his mates about how he nearly clobbered a cyclist with nine iron and got away with it.

"....“provide an opportunity for the police to deal with appropriate low-level offences....."  This must be some new definition of low level offences with which I am not familiar.  Low level offences are shoplifting, littering or not paying on public transport, a category assault does not fit into.

The cyclist is a lot more forgiving than me, and I would have considered it sensible to have this guy prosecuted to protect other cyclists.

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RicCycleCoach replied to eburtthebike | 1 year ago
16 likes

eburtthebike wrote:

"....“provide an opportunity for the police to deal with appropriate low-level offences....."  This must be some new definition of low level offences with which I am not familiar.  Low level offences are shoplifting, littering or not paying on public transport, a category assault does not fit into.

The cyclist is a lot more forgiving than me, and I would have considered it sensible to have this guy prosecuted to protect other cyclists.

for clarity, i was punched and kicked by a motorist (bike was kicked as well) and they tried to get me to do a CRO. I refused, driver ended up with a restraining order

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IanMK | 1 year ago
9 likes

Do the DVLA now know he has anger management issues? I would like to think they're in contact with his therapist to decide whether he is fit to hold a license. Even better the driver should be made to pay for an independent psychological assessment as he may well be a psychopath. Unfortunately this won't be the case.

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eburtthebike | 1 year ago
1 like

.

 

 

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Safety | 1 year ago
12 likes

No charges? Absolutely speechless.

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