Question
can you help me find cases in the Texas jurisdiction that I can use to support my legal memo on the following facts and can
can you help me find cases in the Texas jurisdiction that I can use to support my legal memo on the following facts and can you help me write the question, Im thinking of charting her with aggravated assault with deadly weapon since she use her car smoke:
Under22.02 (a)(3)(B) of theTexas Penal Code will immi furious be convicted of aggravated assault when she
FACTS: Our client, Shaun Kuss is a 29-year-old professional cyclist and a prominent advocate for the "safe streets" initiative in Houston, Texas. He has recently been injured in an accident that took place when he ( or Shaun Kuss ) was attending the inauguration of the newly protected bike lane on 11th Street in Houston, Texas.
The event was a celebratory group bicycle ride that attracted families and cycling enthusiasts. In the midst of the group ride, Immy Furiosa a 34-year-old resident of Houston, Texas who is a self-proclaimed advocate for the rights of motorists and who frequently expresses her dissent through social media channels and public demonstrations. She was observed driving her modified diesel truck aggressively close to the cyclists. As she waited at a traffic light, a small contingent of aggressive cyclists, affiliated with Critical Mass, a group renowned for their bold, sometimes confrontational cycling demonstrations occupying the streets, recognized Furiosa's distinctive, heavily modified truck. Aware of Furiosa's views on cycling infrastructure and her active opposition to the safe streets movement, they seized the opportunity to provoke a reaction. One cyclist, emboldened by the group's support and perhaps seeking to challenge Furiosa's known antagonism towards cyclists, used a heavy-duty bike lock to deliver a forceful blow to the rear tail-light of her truck, shattering it. The sound of breaking glass pierced the usual city noise, drawing immediate attention from bystanders. Furiosa, upon realizing the cause of the commotion, erupted in fury. Her anger was not just at the physical damage to her vehicle but also at the symbolic challenge to her views and presence on the road.
This act of vandalism served as a direct provocation. Furiosa's response was swift; her frustration visibly mounted as she assessed the damage. Her agitation was palpable, marked by a flurry of angry gestures and an animated exchange of words with the now-retreating cyclists, who quickly merged back into the flow of city traffic, leaving Furiosa to contend with the aftermath alone.
This incident at the intersection was a catalyst, heightening Furiosa's already simmering resentment towards cyclists and setting the stage for her subsequent encounter with Shaun Kuss.
As Furiosa's truck neared Shaun Kuss and another group of cyclists, she executed a deliberate "rolling coal" maneuver. This involved accelerating suddenly while engaging a switch she had installed specifically for this purpose, causing her truck's modified diesel engine to spew an unusually dense and voluminous cloud of black exhaust smoke. The smoke, thick and acrid, billowed directly towards the cyclists with Kuss at the forefront, effectively enveloping them in a choking haze. Our client, Shaun Kuss, was only meters away from the truck, found himself in the heart of this toxic plume. The immediate impact was overwhelming; he began to cough violently, his breaths turning shallow and labored as he struggled to navigate through the blinding smoke. The intense exposure to the diesel fumes triggered a severe respiratory response, highlighting the acute health hazards such fumes present. The episode left Kuss disoriented and gasping for air, his vision blurred as he tried to escape the cloud of pollution. Other cyclists, too, suffered varying degrees of exposure, but Kuss, being closest to Furiosa's truck, bore the brunt of the assault. The incident vividly illustrated the physical dangers of "rolling coal," particularly when directed at vulnerable road users like cyclists. It underscored the reckless disregard Furiosa showed for the health and safety of Kuss and his fellow cyclists, turning what was meant to be a celebratory ride into a harrowing experience. Departing the scene with heightened emotions, Furiosa's drive was now fueled by a desire for retribution. Her encounter with Kuss's group ten minutes later was not coincidental but a response. The broken tail-light, a tangible reminder of her clash with the Critical Mass cyclists, seemed to justify her ensuing actions in her mind. Furiosa directed her vehemence specifically towards Kuss and his companions, choosing them as surrogates for her retaliation against the broader cycling community, which she perceived as antagonistic to her and her way of life. This sequence of events underscores the escalating tension between different road users and highlights the unpredictable and dangerous dynamics that can emerge from such conflicts.
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