WALLER CO. DA ON BIKE CRASH: ‘ROLLING COAL’ CLASSIFIES AS ASSAULT
As the Waller Police Department continues to investigate an incident where six cyclists were hit by a teenage driver, the Waller County District Attorney’s Office says the act of “rolling coal” on someone is “at a minimum an assault.”
Witnesses from Saturday’s crash on Business 290, two miles west of Waller, say the cyclists were hit after a diesel pickup truck driven by a 16-year-old male accelerated to blow smoke onto them.
In a Facebook post this (Wednesday) morning, Waller County District Attorney Elton Mathis said the action classifies as assault because the person doing so is “causing their vehicle to ‘spit’ on a living, breathing, human being that is worthy of dignity and not having his or her person violated.” He added that the simple assault can be elevated to a jail-eligible offense if it causes bodily injury, which can happen from toxic particles entering into the mouth, nose and eyes.
Four of the cyclists were transported to area hospitals, including two by helicopter. Two others refused treatment at the scene. A GoFundMe to assist with the cyclists' medical expenses is available here.
The driver met with authorities but was not arrested.
Mathis said police investigation is still ongoing. In a previous post on Tuesday, he said his office is aware of the juvenile’s identity and that he “will receive no favorable or unfavorable treatment based upon who his family may or may not be.”
Waller police say they will submit all information and reports to Mathis’ office for review once their investigation is complete.
While Mathis declined an interview with KWHI, he did confirm that a special prosecutor, Warren Diepraam, has been assigned to the case. Mathis said Diepraam is his former first assistant and called him “an expert on vehicular homicide cases.” Diepraam also handled the case of Sandra Bland.
When asked for a timeline of the legal process, Mathis said he could not provide one at this time.
Read this and had to read it again. Overwhelmed and angered that this happened. This boy should face the natural consequences of his intentional reckless behavior. Revoke his license until age of majority, work and pay for the medical expenses and not be allowed a pass to get on with his life. He caused near fatal harm to others so it is evident he is not mature enough to drive until he grow up; many years dow the road.
I see Both sides of this story, On one hand the Boy is 16, who at 16 has not done something that was stupid? and sometimes the people riding the Bikes do seem to think they own the road I have followed many a bike here in the county up a hill at 5 MPH because they would not move over they need to ride where there is a shoulder. That being said, many of the bike riders are respectful of traffic and do move over when they can, also It was a very stupid thing to do and could have been even worse so the Boy does need to learn a lesson from this. Although I do believe he will carry this with him for a long time. One day he may even Grow from this experience. God bless all involved
The cyclists were on the shoulder. You think this 16-year old should get off because “boys will be boys”? What if he had run into a crowd and stabbed 4 people? Same thing? How is this different–do you think he could reasonably believe that his actions couldn’t kill people?
Respectfully, they in fact own the road just as much as a motorized vehicle does and have the right to be there exactly as a car or truck does. Please read the LAW and understand that! The simple fact is that it can be very unsafe for a biker to move to the side and have cars, trucks, and even 18 wheeled commercial motor vehicles fly by at higher speeds. The wind turbulence from these vehicles can easily knock even a good rider off their bike and onto the pavement. That is why bikers are taught to “own the road”. You should pass them just like you would another car, using a passing lane or a section of the road that is designed for safe passing. I should also say that most bikers who on the road are seldom if ever at only 5 mph. Even as a 50+ man who is not in great shape, my average speed on a long ride is around 11 mph.
It is time for all occupants of the road to be respectful of others who have a legal right to be there. There is no other side to this story, this was an immature 16 year old who had very bad judgment and could have fatally injured others because he was delayed for a minute or two. Is it really worth another human beings life for you to save a couple of minutes? Think about this the next time you see a biker on the road!
Both sides? He ran over a group of cyclists that did nothing except try to enjoy a training ride, putting any blame on the victims is absolutely insane
Hopefully the criminal case and civil suit against this 16 year old will teach others that this “rolling coal” is assault and stop very popular activity with these kids and their diesel trucks.
That young man should have his license revoked for a period of time, and, at the minimum, get community service, if not time in Juvenile Hall. He is lucky he did not kill somebody.