Ninth Ave Road Rage Case: Bengen Cleared; Gonzalez Files to Dismiss

20090521_AssaultOnCyclistD_1.jpgGus Gonzalez and his Ford Excursion were caught on camera after knocking cyclist Ray Bengen to the pavement back in May.

We’ve got a quick update on the legal aftermath of the Ninth Avenue road rage case, in which the Manhattan DA’s office charged both cyclist Ray Bengen and SUV driver Gus Gonzalez.

The DA has dropped the charges against Bengen, who on May 21 was doored and knocked to the pavement by Gonzalez. The charges apparently arose from property damage sustained by Gonzalez’s Ford Excursion as Bengen attempted to bike around the vehicle, which was blocking the Ninth Avenue protected bike path.

Bengen tells us that, before the case was dismissed, the DA charged him with two counts of criminal mischief and one count of "auto stripping," all class A misdemeanors. He had expected to be charged with just one count of criminal mischief. In the end, he said, the DA’s office decided the case could not be prosecuted beyond a reasonable doubt.

Meanwhile, the case against Gus Gonzalez is still active. Last week, prosecutors filed an affidavit in New York Criminal Court in support of the third-degree assault charge — also a class A misdemeanor — against Gonzalez. At the same hearing, the attorney for Gonzalez filed a motion to dismiss, according to a court officer. The case was adjourned to January 11.

  • Good for Bengen! I’d be curious to see what cards the DA is holding. I don’t see the motion to dismiss being granted barring misconduct or a total lack of witness testimony.

  • Marty Barfowitz

    Ray Bengen and Lawyers: Please prosecute Gus Gonzalez to the fullest extent possible. This guy is obviously a scumbag. I would be happy to pitch in some funds to pay for the case. Just let me know where to send my check.

  • Pursuant

    Nice news.

  • Pictures

    The DA’s cards are pictures of the incident and the eye witness who took them and saw the whole thing.

  • beng722

    Congratulations Mr. Bengen! If you have any say in the matter, please prosecute your assailant to the fullest extent of law! And good luck to you!

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