Skip to Content
Streetsblog New York City home
Log In
Confrontations

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

10:38 AM EST on November 25, 2009

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.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Friday’s Headlines: A Congestion Alert Day

Like everyone else, we covered congestion pricing. Plus other news.

December 1, 2023

Adams Says He’ll Ban Parking Near 1,000 Intersections Every Year To Make Corners Safer

The city will daylight 1,000 intersections a year. A Brooklyn corner where a boy was killed in a crash is still waiting for the safety upgrades.

December 1, 2023

Komanoff: IMHO, TMRB is A-OK

Here’s what’s to like about the Traffic Mobility Review Board's central business district toll recommendations. It's a lot!

December 1, 2023

DOT’s New Emissions Rule is a Big Deal, Even if It Doesn’t Punish States for Polluting

No states will face penalties for building needless toxic road projects — but they also won't be able to hide those impacts from the public.

December 1, 2023

Cops Search for Hit-and-Run Driver Who Killed 3-Year-Old in Queens

The merciless motorist killed 3-year-old Quintas Chen in downtown Flushing, Queens on Wednesday night.

November 30, 2023
See all posts