Comments on: Legal Ordeal Continues for Driver Assault Victim Ray Bengen

By: Jon Quimbly

Jon Quimbly — Sun, 01 Nov 2009 23:35:21 +0000

Ray Bengen has witnesses on his side, so you would think he’d prevail, but the cops and the DA don’t often work that way.

I once was assaulted while covering a labor demonstration in Manhattan (for radio and internet.) The perp, who was clearly enraged at my presence, shoved me several times while screaming at me, then yanked the mic out of my hand, taking with it the expensive minidisc recorder to which it was attached, slamming both of them into a wall – wrecking both. About $600 in damaged gear. He then grabbed for the Nikon SLR camera around my neck, so I slugged him in the face, twice – that stopped him, justifiably.

When the police responded, they told me I was up for a misdemeanor assault charge. No witnesses stepped forward until the aftermath, when a handful of my assailants coworkers said that I had instigated the altercation (the perp was on the management side in the labor dispute.)

When I showed up to the precinct for an interview with a detective, she told me that we were both being considered for the same charge. She pointedly suggested that I consider dropping the charges, and in return my charges would also be dropped.

With no witnesses I had no other choice, so I dropped the charges. Neither of us were arrested.

I now carry a pocket digital camera with HD video capability wherever I go, whether as a reporter (hanging around my neck), riding my bike (attached to the handlebars), or walking down the street. Memory’s cheap, the batteries last a couple of hours and nothing refutes a liar like video.

By: Kaja

Kaja — Wed, 15 Jul 2009 17:58:14 +0000

Government in America has been wildly unconstitutional in most respects for longer than our parents have been alive. Have you noticed that you don’t even get a trial for many “infractions” these days?

The state tries to weasel around the 8th/14th amendment requirements by saying “well it’s not a crime, therefore.” It’d be pathetic and sad if it weren’t such a hazard to civil society.

By: S. Sotomayor

S. Sotomayor — Wed, 15 Jul 2009 16:34:02 +0000

Article the eighth [Amendment VI]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

By: Robert chambers

Robert chambers — Wed, 15 Jul 2009 14:03:17 +0000

If they decide not to proceed then Ray’s arrest and record thereof needs to be completely expunged. Having an arrest (even if not a conviction) can close doors to employment and such. This arrest was bogus from the start so it needs to get all traces of it removed right away.

You’d think that the case against Gus bagadonuts would continue as there’s ample “evidence” and witness testimony to prove what happened. The fact that he left the scene of an accident is telling. That’s a felony if I am not very much mistaken.

By: Eric McClure

Eric McClure — Wed, 15 Jul 2009 03:29:17 +0000

While the Manhattan DA's office is trying to decide whether or not to prosecute Ray Bengen for trying to keep from getting run over and then getting doored intentionally, maybe they should read this.

By: Omri

Omri — Tue, 14 Jul 2009 23:38:22 +0000

They could also be hoping that if they wait a while, they can send Gonzalez and Bengen two fuhgeddaboudits and not have this and other blogs comment about it.

Perhaps a mention of this case on every Weekly Carnage will show the DA’s office that they are mistaken.

By: Norman

Norman — Tue, 14 Jul 2009 22:51:58 +0000

I have a feeling that two things are happening. Who ever approved these charges to be filed is getting a chewing out for wasting valuable time and money. Especially after reviewing the pictures. They may also be using this as a way to dampen Mr. Gonzalez’s enthusiasm to move the charges against Mr. Bengen to trial. Lets see how badly he wants to press charges in 90 days.

By: Mark Walker

Mark Walker — Tue, 14 Jul 2009 22:22:35 +0000

As the last graf of your report indicates, both parties are getting the “not ready to proceed” treatment, perpetuating the impression that the person who wielded the door and the one who got the bruises are equal in the eyes of the law. If this is as far as it goes, “the law is a ass.”

By: Bill from Brooklyn

Bill from Brooklyn — Tue, 14 Jul 2009 22:00:44 +0000

Do we know if Bengen has an attorney working on a potential civil action against Gonzalez for his alleged assault?

By: Jonathan

Jonathan — Tue, 14 Jul 2009 21:10:56 +0000

Sounds like good news to me. Any day that I don’t have to go to court is a good one.

By: Christopher

Christopher — Tue, 14 Jul 2009 20:57:13 +0000

Has anyone been able to find out who at the DA’s office OK’s Bengen’s arrest in the first place? This is where the abuse of power started in this case, and this is where some heads should roll.

By: fdr

fdr — Tue, 14 Jul 2009 20:49:46 +0000

The DA hasn’t been ready to proceed against the guy who murdered Etan Patz for 30 years.