NEW YORK (CBSNewYork/AP) — A police detective who was charged in the biker road rage attack last month has decided not to testify before a grand jury, his attorney said.
Attorney John Arlia initially said Detective Wojciech Braszczok wanted to speak to the Manhattan grand jury that is considering indicting him. But Arlia said Monday he’s advised Braszczok not to do so “because the evidence speaks for him.”
Arlia said he is confident videos and other evidence will show Braszczok never came close to assaulting an Alexian Lien, the sport-utility vehicle driver who was beaten by several other bikers.
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Prosecutors said Braszczok still actively participated in the attack by shattering the SUV’s back window.
In all, seven people have been charged in the attack on Lien in front of his wife and young child.
This past weekend, Kaliq Douglas, 28, of Brooklyn, was the latest to be charged with gang assault and assault to cause serious injury. Douglas, who has no prior arrests, was held on $25,000 bail Saturday.
Biker Reginald Chance, 37, was indicted earlier this month on gang assault and other charges. Authorities said he is seen on YouTube video smashing the Range Rover’s window with his helmet just before Lien, was dragged out and beaten.
Also indicted earlier this month was Craig Wright, 29, who is charged with gang assault and unlawful imprisonment.
Prosecutors said Wright punched Lien through a broken window and then joined in stomping him on the street after he was pulled out of his Range Rover.
Another suspect, Clint Caldwell, also decided he would testify before a grand jury.
A fifth suspect, James Kuehne, was released on $200,000 bond last week after being charged with gang assault and other offenses. He didn’t enter a plea.
Biker Robert Sims, one of the first bikers arrested and charged in the case, remains behind bars. Police said Sims is seen in the video opening Lien’s driver’s side door in the middle of the Henry Hudson Parkway.
Christopher Cruz, 28, was also hit with misdemeanor charges of reckless driving and unlawful imprisonment. He is accused of starting the melee by stopping short, leading Lien to knock into him.
Video of the encounter that was recorded on a helmet-mounted camera and later posted on YouTube begins with Cruz pulling in front of the black Range Rover and decelerating to the point where the vehicle bumps his back tire.
The video then shows riders swarming around the SUV. Police said some began damaging the Range Rover, hitting it with their helmets and slashing its tires, though it’s not clear from the video.
Lien, who was in the car with his wife and 2-year-old child, takes off, running over biker Edwin Mieses Jr.,. Lien’s wife said they had no other choice but to flee.
After being chased by the bikers for nearly two miles, Lien was pulled out of his car and beaten when he got off the highway around West 178th Street and St. Nicholas Avenue, police said.
Lien was taken to the hospital after the attack, where he needed stitches to his face. His wife and child were unhurt.
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