A cyclist described as a “nutjob” has received a suspended prison sentence after threatening another rider and attacking him with D-locks as well as stamping on his bike on London’s CS3, the capital’s flagship cycle route that runs along the north side of the Thames.
Michael Reyes, the victim, took footage of the shocking incident on a helmet-mounted camera, and has posted a video to YouTube now the court case has been concluded, with the footage flagged to road.cc by Mike van Erp, whose videos posted under the name Cycling Mikey have secured the conviction of hundreds of motorists for a range of driving offences.
In the description to the video, Mr Reyes says that the unnamed perpetrator was convicted at City of London Magistrates’ Court with using threatening, abusive or insulting words or behaviour causing fear of or provoking violence, an offence under section 4 of the Public Order Act 1986, and with criminal damage to property valued under £5,000, contrary to the Criminal Damage Act 1971.
The incident on 17 July 2020 started shortly before the Blackfriars underpass on CS3 as both cyclists headed westward, with the perpetrator apparently dropping back before catching up with the victim again at a red light just before the ramp up to the junction at the northern end of Blackfriars Bridge.
Mr Reyes said: “Last July I had started playing around with different places to mount a camera to record my bike rides. On one fateful day I chose to test it mounted to my helmet. Little did I know how much that would save me just a few hours later.
“On this day the weather was fantastic so I left work about an hour early so I could get a nice long ride in before I commuted home. Unfortunately I only made it about a half mile from my office when I was verbally abused and attacked by another cyclist.
“At first I thought the rant was amusing because I had the camera on my head pointing right at him so I assumed he was just trying to be entertaining but when he pointed out my accent and how it's a problem I realised it maybe wasn't very funny so I tried to just get away.
“He catches back up with me at the next red light and attempts to attack me with two different D-locks. I manage to defend myself and he runs off. I step away from the scene to apologise to those around me when he comes back to my bike and stomps on it, bending the fork, frame, wheel, and disc brake. Luckily as he flees he is stopped by a member of the City of London Police.”
In his text commentary to the video, Mr Reyes said that the police officer “took our statements, witness statements, and called for additional officers.
“No arrests were made on the day,” he continued. “I specifically said I didn’t think it was necessary.
“Only after reviewing the footage when I got home did I realise he could have really hurt me.
“By October 2020 the investigating officer asked him to come in for an interview. He didn’t.
“A warrant was put out for his arrest and by mid-January 2021 he was finally arrested.”
He was charged with the offences in February, and pleaded not guilty to them at an initial hearing in late March, which the trial taking place in August.
Mr Reyes said that once the case went to trial, the defence “rested completely on the belief that his locks supposedly fell out of his pockets as he pulled alongside me and I allegedly grabbed them to hit him. The damage to my bike was supposedly caused by it falling to the ground.
“I know defence lawyers need to represent their client as best as possible but their claims were asinine when viewing the video evidence put forward,” he said.
The offences of which the defendant was convicted carry maximum penalties, on summary conviction (ie at magistrates’ court), of six months’ imprisonment or a fine in the case of threatening behaviour and three months’ imprisonment for property damage.
Mr Reyes added: “Luckily the City of London Magistrates’ Court agreed with me and he was found guilty and eventually sentenced to 26 weeks’ imprisonment, suspended for 24 months, 20 days Rehabilitation Activity Requirement, and ordered to compensate me for my bike.”
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81 comments
Sentence shouldn't have been suspended in the absence of a certified psychiatric diagnosis. Has he actually paid up for the damage to the bike?
No and honestly I'm not expecting anything. I had an insurance policy on the bike so I was paid out for it less than 10 days after the incident so at this point it's just water under the bridge for me.
I'd be giving my insurance company every encouragement to recover their losses from the perp. Both because insurance companies don't in fact nurse their losses, they extract the money in premiums from all of us. And because you should not be paying to insure him against the cost of his own tantrums.
But that's entirely down to the insurance company, isn't it? Once they've paid out I don't see what Mike could or should do to "encourage" them to reclaim their funds. I entirely agree that it's crap that insurance companies tend lazily to up our premiums rather than chase the guilty, but that's on them, not Mike, and in any case, unless Mike had a brand-new Dogma the cost of recovery would probably far exceed the cost of the payout, and the perpetrator doesn't look to me like someone who'd have a lot of assets to seize anyway.
Yeah, I'm not expert on how it all works, and obviously it's not on Mike, but I'm pretty sure insurance companies have loss recovery departments. Send them any assistance you can I guess, copy of the video? If he has no assets maybe they can apply for an attachment of his earnings? That might focus his mind over an extended period, as he pays off the cost of his behaviour. He needs to learn that he simply can not afford to trash someone's bike.
Im not 100% sure but I think if you are about to be attacked and you fear for your life. You are allowed to jump a red light to get away because that is an 'extreme circumstance'
I know for certain if someone is coming to attack you but you pre-emptively strike him first in self defence -- its legal. In most cases striking someone is a last resort. The main priority should be avoiding any confrontation and putting as much distance between you and your attacker for your own safety and hopefully diffusing the situation enough that it doesnt resort in fistycuffs or someone being stabbed.
"Im not 100% sure but I think if you are about to be attacked and you fear for your life. You are allowed to jump a red light to get away because that is an 'extreme circumstance'"
It's an absolute offence, so your intentions don't come into it; you've either done it or you haven't. You never have any excuse - not even getting out of the way of an ambulance with blue lights and sirens going.
If the police don't show discretion when prosecuting, you would be able to argue mitigating circumstances when it comes to sentencing, but you wouldn't have any grounds for a not-guilty plea.
With the current delays in court proceedings (due to underfunding whatever the Johnson Govt say) I'm amazed it came to trial so quickly.
Also for me highlights one of my dislikes of these cycle lanes. In places especially in London they can be very crowded and there are no rules. The American is not at fault but when he says keep left tbh thats a matter of opinion.
I appreciate that "keep left" is more of a general guideline... But if you are going to drift over to the right isn't it just common sense to shoulder check before you do so?
Hi, "The American" here. The "keep to the left" remark was more of a shorthand way of saying "hey you're drifting into the right lane as I'm overtaking you" rather than a "we ride on the left side of the road on this island"
Im glad you where ok. The man was clearly deranged.
But there are no lanes on a cycle path so you may as well walk behind someone on the pavement on Oxford Street and say keep left.
I mean, no, that's not necessarily true nor is it a fair comparison to equate walking on a pavement to riding on a segregated bike path.
There's no lanes on the road in the picture have attached to this comment but that doesn't make it a free for all on road position. You still expect traffic to move on the side of the path in which we move in this country.
Don't worry MPR, you will be used to nicmason's attempts to victim blame in most cases on here. Yours isn't the first and won't be the last.
(Oh and some particularly busy pavements do have lane shaping.) The old ramp into a big shopping centre in Birmingham had a line down it, signs stating walk to the left for each direction and the occaisional shout on the tannoy in busy periods.
Oh is he a common troll in the road.cc comments? I'm pretty new to the comments section on this site as I sort of got pulled into it.
Yeah I don't really understand their comment. Even London specific there are dozens of "keep left/right" signs at tube stations and building entrances. Westfield Stratford and Shepherd's Bush try to route walkers to keep left. Also last I was there Bluewater Shopping Center was actually using security to enforce walking direction.
Victime blaming ? I dont think so.
If you can find a law tells me there are rules and lanes on a cycle path feel free. And yes thats a road with no lane markings so not a cycle path.
So these things on the path at the beginning of Mike's video are...?
They are advisory. If you follow them or not its up to you. There is now law that says you must and those marking are frequently ignored. The highway code stops where the road is.
Another example woud be on the road you stop at a light the car behind stops behind you (hopefully) . they dont drive round you and wedge themselves in front of you. Thats something that happens continually on cycle lanes.
Nic Mason: There are no lanes on a cycle path
Me: Here are some lanes on a cycle path
Nic Mason: Oh they're not real lanes
Very clever. as I said they are effectively decorative with no standing in law.
Well, that's not true, for a start.
Quite, fairly sure if I went through any of the red lights all along the EW superhighway and hit a pedestrian the police wouldn't say, "Unfortunately he wasn't disobeying any regulations..."
Im exaggerating for effect. But its safe because I knew the roadcc warriors would be dusting of their leather bound well thumbed highway codes.
Yeah - I don't think anyone's going to be buying that one.
I think most people look up the online version or pdf.
A few such as hoarsemann dig into the actual regs and SIs.
It does cut both ways eg pointing out that a driver did not do something illegal as in the scenario presented, the cyclist is not a vehicle.
You would save your self a bit of time if you acknowledged your post 'But there are no lanes on a cycle path' was inaccurate.
I'd stand by my comment. There are no enforceable lanes on cycle paths.
Not what you wrote though is it.
Don't bother, Nic. You'll just get the usual vicious attack dogs who prefer keeping these comments a reason-free, reality-free zone.
Telling people what the law actually is will not make you popular round here.
As evinced the HWC advice on pedestrian attire, dogs on leads, and instructions for cyclists not to ride on the pavement.
Not that they take any bladdy notice....
You dont ride on many cycle paths do you ?
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