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Assuming you believe the defendant's girlfriend and witness following the van and motorcycle, do you think the defendant was correctly charged with assault?
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Well the problem with this assumption is that there isn't much physical evidence to support it. Apparently there is a lot of eyewitness evidence; but it is contradictory.
A proescutor is extremely likely to let a jury decide in this kind of case where the evidence doesn't clearly favor one of two contradictory stories. After all, that is why we have the legal system to begin with.
The fact that it happened in Rochester, New York doesn't help the shooter any. The mere fact that he was carrying a pistol on a motorcycle there may have broken a number of laws even before we start sorting this mess out.