Lock your car doors

[Jeff White]

Road Rage Incident caught on video in West Plains NY:
http://wcbstv.com/local/dentist.parking.rage.2.564640.html

SHOCK Video: Parking Rage Caught On Tape
Dentist Turns Violent Over Blocked Parking Space
Reporting
Tony Aiello
WHITE PLAINS (CBS) ― The CBS 2 HD Westchester crew was about to head out on a story Friday when the news found them. Just outside our bureau Dr. William Moody, a White Plains dentist, left his Mercedes to confront Luis Infante for blocking his access to a parking lot. Moody even forced his way into Infante's car as if to move it himself.

Not long after, fists -- and bodies -- started flying.

"He was saying bad words to me, then he spit in my face," Infante said "Twice."

Then Dr. Moody spotted CBS 2 HD photographer Chris Calarco. Reporter Tony Aiello warned Moody not to touch the camera, but to no avail.

Police were called to the scene after Moody smacked the camera twice. While they arrived, Moody confronted the driver's sister, pushing her to the ground.

Yolanda Infante is okay, but considering this incident came so soon after her father's death just Thursday night, she is shaken.

"I'm devastated," Yolanda Infante said. "Besides my father's death, this happened in this moment."

Renowned psychologist Dr. Joyce Brothers said this kind of anger may have been sparked by personal issues.

"Whatever is going on in his life, he's not succeeding in. This is his way of just getting the stress out of his system," Brothers said. "I wouldn't like to be a patient of his!"

Dr. Moody's dental practice is just down the hall from Yolanda Infante's office. She will be in court on Monday to seek an order of protection against him.

The dentist missed his Friday afternoon appointments. He was otherwise engaged with county police, who are preparing assault and harassment charges.

CBS 2 HD tried to get Dr. Moody's side of the story Friday night, but he never showed up at his Elmsford home.

 

[strat81]

She will be in court on Monday to seek an order of protection against him.

"Don't move! I have a protection order!"
<yawn> Silly sheep.

But yes, it is very good practice to keep your doors locked, home & car.

 

[pax]

"Don't move! I have a protection order!"
<yawn> Silly sheep.

No, a protection order is good for something. Something important, even.

It establishes a paper trail documenting who the good guy is and who the bad guy is. If she ever needs to physically defend herself against this man, her legal position will be much stronger and her case much easier to present with the order in place.

pax

 

[wuchak]

Something tells me Dr. Moody is going to real happy that cameraman was filming. Yolanda clearly pushed him first. She ran up to him as he was walking around the back of the car and pushed him. He pushed back and she fell. She should have kept her ass in the car. They already had a battery case against the Dr for pushing Luis out his own car and getting into it. If she was feeling threatened by the Dr why didn't she stay safely in the car or when she got out run away. Instead she charged toward him and further escalated the situation. In the case of pushing Yolanda the Dr was just defending himself against the psycho woman who came charging at him.

 

[Bartkowski]

She should have kept her ass in the car.

You say that as if she started everything, but I agree she should have. We do not know what happened just before she pushed him though because of the way they put the clips together.

 

[pax]

wuchak ~

If you create the situation in the first place, you do not have a valid claim of self-defense even if the other guy technically strikes the first blow.

pax

 

[wuchak]

Actually he started a situation with her brother, not with her. He never touched her. She was safe in the car and had the car between him and her when she got out of it. She was not in any physical danger from him until she ran to him and pushed him. He had previously pushed her brother but he was not near her brother now so she has no claim that she was rushing to her brother's defense. Her actions were stupid. She made the whole thing much worse by rushing to confront an obviously disturbed man.

 

[ihopewewin]

Every time I get into a car with my mother she asks me why I lock the doors right away instead of letting the car lock them once you pass 25 mph and now I can show her this and say this is why. She drives a convertible so if he approached her at the drivers side or passenger side and I couldn't move the car I would put myslef between him and her and tell him to get back to his vehicle. If he continued to threaten her and moved towards her things would go downhill on his behalf.

 

[Smurfslayer]

If you slow or pause the video, the thug dentist actually hits the woman at the same time she shoves him. at the 39 second mark, and just before, he raises his hand. His right hand hits her face, she shoves him, he then shoves her back. Then the woman's brother

OWNED the thug. So what does he do, he takes his jacket off.

I would think that once mr. Thug got in the vehicle he might actually be on the hook for a felony of some sort. Regardless of whether the woman was in the car or not, I don't think the jury will find fault with any of her actions. Remember, this thug shoved the driver out of the way and GOT in the car with this woman, then he got back out. When he approached a second time the woman got out for whatever reason and walked around the back of the car. The guys hand goes up in a "backhand pose" first. Yeah, he's a big man, he showed her who was boss

A few years in prison would be good for this piece of work.

lock your doors alright.

 

[sacp81170a]

Something tells me Dr. Moody is going to real happy that cameraman was filming. Yolanda clearly pushed him first. She ran up to him as he was walking around the back of the car and pushed him. He pushed back and she fell.

Something that's clearly apparent here is disparity of force. He's much larger, male, and she clearly did not injure him with her shove. He could very easily have kept her from hurting him. He used far more force than was necessary in shoving her back. Had she been injured in the fall he would clearly be on the hook for it.

Just because she pushed him first doesn't give him and excuse for knocking her down. Use of Force 101.

 

[Double Naught Spy]

Lock your car doors

It is a good idea, unless you are already out of your car.

Just because she pushed him first doesn't give him and excuse for knocking her down. Use of Force 101.

She did assault him first and it was not a self defense act. The thug doctor could make the case that he felt she was about to assault him a second time when she makes a quick move with her hands. Then he pushed her to stop that from happening again.

I am not blaming the victims, but double parking is a bad thing. It does make people mad. That doesn't excuse the doctor in any way, however. When you physically assault a bigger person than you, expect to get trampled. You may win legally, but is it worth the physical risk?

 

[sacp81170a]

She did assault him first and it was not a self defense act. The thug doctor could make the case that he felt she was about to assault him a second time when she makes a quick move with her hands. Then he pushed her to stop that from happening again.

That's where disparity of force comes into play. She pushed him with open hands. She had no visible weapon. He pushed her hard enough to make her leave her feet. "Assault" requires an element of fear. Did he need to fear physical injury from a woman who was much smaller and obviously weaker than him? No. Did he need to push her that hard, or did he need to simply prevent her from pushing him again? His case fails on a lot of levels.

By knocking her down, he becomes the aggressor by virtue of superior size and physical strength no matter what the prior circumstances. Someone laying hands on you doesn't excuse you from civil and criminal liability for knocking them to the ground.

 

[Polishrifleman]

Let's think about the protection order too. This guy will probably have to move his business because of his actions and potential daily contact with Infante. Double, triple, quadruple whammy for his actions

 

[SSN Vet]

It establishes a paper trail documenting who the good guy is and who the bad guy is

unfortunately....this technique can be used in reverse, where bad guys file protection orders against their victims in an effort to cast a different light on the situation.

 

[mekender]

looked like a carjacking to me, and the suspect hadnt stopped the attack, nor had he left the scene... the woman and the man had every right to use enough force to stop the attack... and in most states that would fall under the category of "violent felony" for a justified self defense shoot... so the dentist is kinda lucky... oh wait, its NYC... citizens there arent allowed to defend themself

 

[Kingcreek]

I keep my doors locked and avoid dentists who don't practice mercury-free dentistry. Those "silver" amalgam fillings are 50% mercury which will outgas as Hg vapor over time and especially when heated with drilling/grinding, resulting in increased Hg exposure for the patient and dentist and staff. Heavy metal toxicity has been associated with mental illness, depression, violent behavior. I don't know if Dr a-little-bit Moody has a mercury retension toxicity or not, but I know he has some trouble now!

 

[Double Naught Spy]

"Assault" requires an element of fear.

You mean like putting his hand over the camera lens. I could tell the cameraman was scared to death the way he held his ground.

You can be assaulted without being in fear. An assault still occurs whether you are fearful or not.

By knocking her down, he becomes the aggressor by virtue of superior size and physical strength no matter what the prior circumstances.

No. Between the two, she was the aggressor. He simply stopped her cold. She stupidly assaulted a bigger person and got put down. Just because you are smaller than the person you attack does not free you from culpability.

 

[XLMiguel]

No mention of why Infante was blocking access to the lot - - Clearly the doc was out of bounds, but we haven't heard the whole story yet.

I have the doors set to lock @ 10 mph. Back when I lived in NOVA & carjacking was becoming a popular sport in DC, one of the local TV stations did a stunt where a reporter(?) went down the left turn que pulling on car door handles stopped waiting to turn. Almost all of them just popped open, about 1/3 sdidn't have their seatbelts on - real easy to just yank the driver out of the car. . . . Lesson learned, lock yer doors!

 

[stevemis]

This guy will probably have to move his business because of his actions and potential daily contact with Infante. Double, triple, quadruple whammy for his actions

I suspect, between the medical board and the police, the location of his office is the least of his concerns. I guess he could make arrangements to have all of the people involved decline to press charges, but the police would probably still go after him because they either witnessed it firsthand or have the video evidence of the assaults.

If this guy is charged and convicted, I'd expect him to lose his license at least temporarily.... and I don't feel the least bit sorry for him.

 

[novaDAK]

I always keep my doors locked. Only time I don't is if I'm off-roading because that way I can never lock myself out if I get out to check the path ahead. Other than that I keep 'em locked.

 

[KelVarnson]

As far as I am concerned, the "assault" began when the mad-hatter dentist pushed the driver out of the way and got into his car. After that, as long as the guy was in proximity of the car and still interacting aggressively with the victims, I would consider the assault still in progress. I don't fault the woman at all for showing aggression towards him, for all we know, she might have thought he was a carjacker (although they worked near each other, she might have known him). As far as I am concerned, she was still countering the assault.

And there was a cop car right there. If the dentist had a problem with someone double parking, he could have summoned the cop and had it handled properly.

 

[wuchak]

As far as I am concerned, the "assault" began when the mad-hatter dentist pushed the driver out of the way and got into his car. After that, as long as the guy was in proximity of the car and still interacting aggressively with the victims, I would consider the assault still in progress.

That's my point. He wasn't interacting with her at all until she got out of the car and charged towards him. She had a clear escape route, which had she taken it would have ended her part in the confrontation. Instead of retreating she chose to escalate the situation. What exactly did she think he was going to do when she ran up and pushed him? He did just what I would have done and pushed back. That she ended up on her butt in the street was her own fault.

 

[KelVarnson]

She had a clear escape route, which had she taken it would have ended her part in the confrontation.

Oh, I'm sorry, I didn't know that you were advocating that she escape. Egad. Personally, I APPLAUD her for having the fortitude to get in the guy's face. She didn't do anything wrong, in my book.

Instead of retreating she chose to escalate the situation.

Well, the situation NEEDED to be escalated. This guy needed to be driven off. It is too bad that the victims were small of stature, I would have loved to see this guy get smacked down for his actions by some big dude. As it was, it was nice to see the little guy land one.

Personally, unless I see a weapon, or unless I am already in the process of getting my tail seriously kicked, I am not going to walk away from something like this, because someone might say that it needs to be "de-escalated". If you want to just step aside and let some violent guy take your car, that is your call. Not me.

Around THR, you frequently see the phrase "shoot to stop the threat". If you think about it, couldn't that be considered a form of agression (as opposed to running and hiding)? Well how about "fighting to stop the threat"? As long as this guy is not turning around and walking away from them and their car, I think they had every right to fight him, and even to show aggression towards him.

He did just what I would have done and pushed back. That she ended up on her butt in the street was her own fault.

Seriously, you would have pushed down a woman half your size, as she was defending her brother and his car from your totally antisocial behavior? Well, I have nothing High Road to say about that!

But let's get it back on topic. Would a permit holder be justified in drawing on this guy? I'm guessing probably not. THAT is the point where you walk away. But I would think that with no disparity of force (i.e. fists vs. fists), these people were justified in standing and fighting.

 

[VARifleman]

It is resonable for her to confront him about his aggression toward her brother. It is reasonable for her to push him back when he moves his arms and hands right to her face after he initiated the conflict to begin with. It is not reasonable for him to start an arguement and to do everything else he did.

 

[cassandrasdaddy]

"He wasn't interacting with her at all until she got out of the car"

when he pushed her brother outa the way and got in the car with her he was fair game for a bullet in a free state.mores the pity that he wasn't in one
'
'