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Well there are new details emerging from that biker attack on SUV driver in New York an undercover police officer who was riding.
With a motorcyclist jury and the assault -- reportedly testified before a grand jury.
He is one of seven hikers charged so far in the attack.
Some of the bikers are now claiming that the SUV driver actually invest he instigated the whole chase and attack by clipping one of the motorcycle.
On a New York City highway that driver has not been charge as you may know one of the -- was badly hurt.
Doctors say Edwin -- is junior may never walk again and joining me now.
-- Heather -- trial attorney and John -- in the criminal defense attorney to -- but you both this this morning -- to -- Arafat eyewitness aren't good morning -- it's everything in this him because -- -- by the undercover police officer first out of course accused of being.
One of the key players in the attack.
At first said he didn't CBS -- but of course we had later video surfacing where we are seeing him punching up the back window of the -- -- -- -- Where to the prosecutions.
Prosecutors go with that.
Well they've charged him with gang assault are thought I think what's gonna happen here is when he -- in front of the grand jury.
He's going to have to use the information that he has as a negotiating tool to try to get immunity.
Because the -- but the assaults began assault charge at the little bit overcharging there's no evidence that we've seen that he actually struck the driver of the SUV.
So as a trade off they may lessen that charge and he may give them that big huge amount of information that he has from his years writing with this this game.
-- -- -- John that's where we we talk to you now because how does that work in his defensive using I was there I IA -- maybe I did if he -- this.
Maybe I did video shows me punching -- the -- but yeah I did not come in contact with that family the wife of of that the baby.
Or the driver.
Well the only defense that I see at this point in time for the undercover officers that he could say who's following the SUV.
In order to solidify evidence against them for the hit and run.
Remember the SE BA's claim -- -- one of the motorcycles and the officer conduct show that he was following the SUV.
For the purposes of investigating gathering and collecting evidence that may be a defense but he has -- problem.
Of explaining to prosecutors why he waited three days to report this incident so.
In my opinion there's -- risks in cooperating with the prosecution of this.
War and Heather are there any special circumstances evolve or prosecutions involved because he's an undercover officer and while there's a separate internal and external affairs investigation and that likelihood of him keeping his job I think -- -- tonight.
But that's something separate than this grand jury investigation.
Remember that the police have consistently said that they're continuing to investigate and -- continuing to arrest.
So I agree with John that he is -- -- -- -- tenuous position but I think he has a good tool to negotiate because he has a lot of information on these bikers that he can use -- it.
Change first freedom -- and John let's talk about the driver.
Some of the bikers are claimed that he and instigated this whole.
-- deal by clipping when -- the motorcyclists.
How does that play in the favor of this driver perhaps against this driver will he ever see any criminal charges.
Battle depends on whether or not there's enough evidence to support a finding to have a criminal case filed against them.
If there's not enough evidence or probable -- to -- this driver.
Then -- there won't be any tried charges filed again it all depends on if there's independent evidence corroborating evidence showing that he did clip one of the by splits.
In advance but without that it's going to be very difficult to file criminal charges right.
Any -- both seem that bad horrific video.
The guy smashing the helmet.
Ended the driver's window of the SUV we've seen it here comes right now this is rational chance 37 years old.
This is right before they drivers dragged and beaten out of a car not chances lawyers have -- they were hotly contest those allegations that this is not he was not involved did.
Is it we -- the video shows a lot there Heather any hidden roadblocks -- prosecution.
I don't think so you know dictated that -- proof is in the video.
You know as John said with regards that's UV driver if he clipped him don't you think it would be video of that these bikers were riding with video cameras on their helmets.
Here you've got the video showing chance breaking the window I don't know higher possibly gonna say -- I didn't do that.
Going to be a tough tough -- for -- Idaho John quick final ten seconds were.
What chance could say that he broke the window to stop them from driving away because a crime was committed and we don't know what happened beforehand we don't know the other motorcyclists were able to get the video.
Such as we've been trying to apprehend -- a criminal at this point.
John meant -- -- Heather Hansen thank you very much I'm sure there anymore layers to -- back on this case thanks guys thank you.
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