You are hereSo what's the story behind Timothy Swift?

So what's the story behind Timothy Swift?


By Jason - Posted on 29 March 2010

By Jason - Posted on 29 March 2010

My views on the entire bullshit clusterfuck teenage angst-driven debacle formerly known as Critical Mass are coming, but in the meantime I did a bit of digging over last Friday's incident and it looks like the gentleman in the black truck was not ticketed for anything, but is being listed as a VICTIM of aggravated assault and criminal mischief. WHAT THE FUCK. Thankfully we live in the information age, so here's what I've gleaned of our gun pulling truck driving condo owning asshole:

Timothy Swift being cuffed by officer Williams (Badge 5987), first responder

Timothy Swift in the patrol car

The offenders information (he lives on east 5th St in a condo):

TIMOTHY SWIFT
3304 E 5TH ST UNIT B (VILLAS AT FIFTH & ALLEN CONDOMINIUMS)
AUSTIN, TX 78702-4910
(512) 386-1876

Timothy Swift's Glock

(Probable) Job info:
817 W Howard Ln
Austin, TX 78753-1052
(512) 251-3441
L-3 Communications, Administrator

Timothy Swift's fancy new east side condo (and the truck from the collisions)

The offending truck:

MOMMY'S TEXAS-SIZED TRUKKK

2003 Chevy c1500
Plate: 20X BY1
VIN: 1GCEC14X93Z349961

The owner of the vehicle:

MADELYN SWIFT
1311 Burgundy Ct
Southlake,TX 76092-7819

I'm sure more info will be forthcoming as the police detectives actually investigate this case. I urge everyone involved to follow up and make sure justice is served, as to date this is the only report to show up in the database that pertains to the incident:

Report Number:
2010-100851824

Report Date/Time
Fri, Mar-26-2010 17:30

Offense Date/Time
Fri, Mar-26-2010 17:30

Offense(s)
AGG ASSAULT
CRIMINAL MISCHIEF

Offense Location
LAVACA ST / W 5TH ST, AUSTIN 78701
Census Tract: 1100 District: 3 Area Command: DOWNTOWN

Investigator Assigned
-

Victim(s)
Name: SWIFT, TIMOTHY Male White
Address: AUSTIN, TX

Case Summary
REPORT WRITTEN

FUCK ALL THAT SHIT. He struck at least 4 cyclists with his truck and then tried to flee the scene. What happened in retaliation is some fucked up shit too, but one does not excuse the other. This guy pulled a gun after striking humans with his vehicle. Now THAT'S what I consider aggravated assault, of which he was the offender, not the victim. PLEASE call the police if you were involved in this incident and make sure your rights are respected. I'm working on putting together a list of all the cops on scene as well, so that we can complain to the office of Police Monitor if this situation is not remedied quickly. Please keep in touch if you find out anything more.

Can we stop Critical Mass?

Critical mass is the dumbest angsty shit I've ever seen. Grow the fuck up everyone. If you want to ride your bike, do it. Why do you have to give everyone else a bad name every friday....

Did this guy call people "mother-fucker" and/or "fucker" a lot in a slightly high-pitched threatening sort of way, as if inviting a fight? I was buzzed by a guy in a dark pick-up on Jollyville Rd., just as it enters the Arboretum property, a few weeks back--it was on that day it snowed. It was during the PM rush hour. I can't recall what the guy looked like, but he slowed and offered plenty of abuse in his silly-sounding, "you got a problem there, you little mother-fucker? Eh, fucker?" sort of voice. He was a real jack-ass. I wonder if it was the same dude?

Here's highlights of my video from talking to the cops after the incident:

http://www.youtube.com/watch?v=w-x1AhjHMY8

While it IS fucked up to screw with this guy's car if that eliminates our case for criminal charges against him, I have a hard time feeling sorry for somebody suffering property damage after they pull a gun on me and recklessly endanger some of my friends.

It'd be really unfortunate if his car hadn't been damaged and the cops acted like they did, and it's wishful thinking for us to rule this out.

Regardless of how threatened you feel by the fact that there are a bunch of bikes around you, you're not legally or ethically justified to swerve and take some of them out. And, the fact that other bikes are making you nervous doesn't justify you pulling a gun on me. What Timothy Swift did was wrong, and a few dents to his car don't make up for it.

How the police treat this case will serve as a strong signal to me and hopefully many others in the cycling community. If Timothy Swift remains the helpless victim, it's clear that cops care more about car dents than cyclist lives (Nobody died in this incident, but next time those hit may not fall so luckily). Let's hope the boys in blue decide that our rights matter at least as much as Timothy Swift's paint job.

-Luke

Re: Luke the videographer
Regardless of how YOU feel about this so called "gun crazed" guy that just happened to be in traffic while you (and 100s of others) protest for an unknown reason (you and i both know 98% of people on critical ass rides have no clue) he's gonna get his day in court.

I'm still waiting on any feedback about how YOU (and the masses of subscribers on this board) intend to remedy this situation with ACTION and how rides go in the future.

Look: i'm convinced that the majority of riders (and subscribers to this board) have no clue about cycling and it's YOUR responsibility to adhere to SOME kind of guidelines regarding your protest rides. Personally, i'm appauled about the image and actions of you so-called cyclists present because, frankly, this board and the cycling values upheld throughout in NO way represent MY cycling values and i'm confident in saying that none of you represent what being a cyclist represents to me.

I've ridden in this town longer than ANY of you (sans 1-2 of you) and i'd like nothing more than to see Critical Ass demonished for good. IT DOESN'T WORK. Move on. Join a team. Do a race. ANYTHING except what YOU all are doing to represent cycling in this town and ruining MY brand of cycling and what it means to me.

I've attempted to offer alternative solutions to the "Free swim @Barton Springs" debacle by suggesting perhaps a reduced discount on annual passes and...NO DICE. No action plan taken or even recognition to making attempts at WORKING hand in hand with the city. Instead, we have THIS.

Welcome to Austin, you all. You've ruined what it means to turn the pedals on these city streets because YOU all have absoultely NO respect or admiration to what it means to be a cyclist. You don't represent the majority of bike riders out there and it's no secret i've been a less than popular contributor to this board because i just don't get you guys. I don't lose sleep over it...ask anyone who knows me.

I managed to never get hassled by APD in OVER 15yrs of riding in this town and somehow you all cannot. WHO'S AT FAULT???

You all figure it out.

I ride by the pricks house daily --

The Best way to get Even is to wait awhile -

Then take Revenge -- That way This Prick will be up nights
thinking about which person he Fucked over in the last few months
payed him a visit --

One time I waited 2 years to get even with a guy that tried to
fuck me over -- I trashed his business at 4 AM then called him on the
phone --woke him up and told him what I just did --

I Totally got away with it --

There is Always a way to get Even --

Advocating violence? Really?

What a surprise with this group. None of you represent the cycling community. Hippies on bikes are just hippies on bikes. I'm so sick of YOU f'ing people.

do us all a favor and go off yourself right now please.

I really dont feel like having to worry about getting shot by some pissed off redneck just because I share a common means of transportation with some douchebag that tore his shit up as a fucking chickenshit means of trying to get some sort of juvenile revenge.

if you have shit to settle with him then how about this. then ball up and go confront him about it.
Afraid hes gonna pull a gun and bust cap in your ass? Pulling shit like what you are saying, you probably deserve it.

The police are aware of this site. They may have already read your post!

They'll subpoena Jason for your IP address and whatever other information he has on you. They'll also hit him with a gag order so he can't even tell anybody about it, including you. Then they'll subpoena your ISP for information about you, and then they'll show up at your door and question you about whatever happens. And you may not have even done it!

And suppose you do do something to his house or car. And he catches you, and shoots you? (He does live in the bad side of town, and it looks like he lives behind a fence. He's likely worried about crime already.) The police won't do a thing to him -- he's just defending his property. And oh look, there was even a threat made against him by you! You'll be a 30 second blurb on the 9pm news, "Armed homeowner saves family from interweb lunatic".

Revenge for what? Nobody was really hurt, and I don't even think any bikes were damaged. Nikol had a scrape, but Nikol wears her wounds like badges of honor -- no significant harm there. Jason said several people were hit -- who else was hit? Was it more than a simple bump when they're blocking his path? I certainly didn't see it.

OK, so he pulled a gun. Dumb -- it's more likely to enrage a mob than stop it -- but he did it, and considering the circumstances no jury would fault him for it. Obviously the police agree, as they let him go, even though the gun seems to have been stored illegally. Did that gun hurt you? Did it scare you? (if so, good! they're supposed to be scary!)

I tend to doubt this issue is over. Had his truck been undamaged, it would be over, but a lot of damage was one to it. Some was even done after the police had arrived. The police are likely to continue investigating. And even if they don't charge any individual massers, they're likely to crack down on all the group rides a little harder. For the most part, they've left us alone -- but all it takes is one stupid incident like this to change all of that.

(Rational) words of wisdom (one of few on this board) from Dougmc! Perfectly articulated!

Heh, guess it's a good thing I don't keep stats or logs on anything...

... you're lying? Or just making it up?

:)

Even if you have recently changed your server configuration so it doesn't keep logs, it's still stupid to post stuff like that here for several reasons.

That was all before the big server crash last year. I haven't bothered to keep up with stats ever since we rebuilt. So really it's probably just a dozen or so of us reading and commenting back and forth 95% of the time...

Groovy2: just be sure to tell the police (if you're lucky enough to have them nab you before you get yourself shot) that you found the alleged perps personal/home info on THIS BOARD.

The fact that this jackass was released without so much as a traffic ticket and was even written up as a victim only reinforces the notion that the police have no intention of making the streets safe for cyclists. It justifies us in taking matters into our own hands, as law enforcement has demonstrated time and time again that it has no interest in protecting us.

The city council passes a 3ft. passing law -the cops refuse to cite anybody for violating it. An agro gun nerd hits multiply cyclists and brandishes a firearm -the cops write him up as a victim because people did what was necessary to stop him from fleeing the scene.

APD's inaction sends a dangerous message to the bike-hating, gun-toting, pickup-truck-driving community that Mr. Swift's actions are perfectly acceptable in the eyes of the law. On the other hand, the actions of the cyclists sends a clear message that we are a force to be reckoned with.

Motorists will never like us. Anyone on here can testify that you can't go a day on a bike in Austin with out being yelled at, honked at, cut off or physically intimidated by a motorist in addition to the occasional being spat upon, having bottles thrown at, or even getting intentionally swiped. They get pissed when there are other cars on the road, so there is no way they will ever be happy to get stuck behind a bike. All we can hope to teach them is to think twice before they harass, threaten, or assault one of us.

Three things everyone should know by the time they are grown: Don't poke a bee hive, don't step on an ant hill, and for the love of god DO NOT FUCK WITH BIKES.

From my observations it is usually the opposite way around. The cyclists at critical mass don't obey traffic laws and create numerous dangerous situations for both the drivers and the cyclists. It is not surprising that someone got hit. In these situations, the cyclists ALWAYS blame the driver and completely over react. Just remember, driver's have just as much a right to defend themselves and their property. So, personally, I won't be surprised in the future if one of you idiots gets shot.

I can go weeks without getting honked at, despite my powerful manly ass. Have only been yelled at 3 or 4 times, which is probably 10x less than your average female jogger running down Riverside. Never had anything thrown at me, never been spat upon, never been intentionally swiped. In fact, I see acts of generosity way more than the other. Guys in trucks a lot like that one pictured have slowed down to let me get in their lane to pass a stopped Cap Metro bus, People stop at intersections I'm approaching and let me go by like they are supposed to--some even wave back when I wave my thanks.

To say you can't go one day without those negative encounters is bullshit unless you just ride like a complete ass. Austin is no more a war zone than it is a biketopia. Your victim complex and pathetic vigilante notions do sound a little familiar...maybe you have something in common with the kind of person who would drive around town with a loaded Glock in his truck.

riding around secondary streets in your neighborhood for fitness is different than commuting down lamar everyday to get to work.

you are correct that *most* motorists are indeed friendly. however, I easily pass or get passed by over 100 cars a day. is it really unfathomable to you that 1% of the people in those cars are dicks? especially if we are talking about people who dont live in austin but who are driving back to lakeaway or wherever-the-fuck-suburb after work...

I hear this a lot in Austin - people claiming that you "can't go a day in Austin" without being harassed as a cyclist. I think this claim is by and large bullshit and has a lot more to do with the style of cycling practiced than the fact that you're cycling. I ride a traffic-y 8-10 miles a day to commute to and from work, and it's rare I get honked at, even rarer that someone rolls down a window to say anything. In fact, that last time someone talked to me on my morning commute, it was because it was a nice day out and they were psyched to get on a bike after work. I'd say the interaction was positive.

What I notice is that lot of people are on cell phones and are not paying attention, which is dangerous, but not a targeted attack. Ride with traffic, be assertive, not an asshole and BE PREDICTABLE. Use your lane signals, be polite. We're not fighting to remove cars from the road, that's not even a battle worth fighting right now, we're fighting for a position on the road, as traffic. In order to do that we need to be assertive, but making a practice out of being violent to secure that position in traffic just means the car is even less likely to yield to you when you need it most.

Mass is great, but my bicycling needs are always practical in the end. I've got to get to work somehow, and if participating in Mass means people are more of an asshole to me as I bike in because of that association or interaction, I've got to avoid it.

Think about the first loop we did up to the Triangle: people (in cars) were by and large supportive - I counted maybe 5 people who were really angry. This is Austin, people like to see weird stuff like hundreds of bikes at once, we have prevailing popular opinion by and large. CM should be a positive event, one that changes or is neutral to naysayers opinions about bicycles, not one that validates their opinion that bicycles shouldn't be on the road.

Bravo, Ameliahall!

Are you kidding? Bikes are the easiest things to fuck with in the world. Stick in spokes, a good push, wack on the back of the head with a bottle, BOOM no more biker. I've had it happen to me and it sucks, but seriously as cyclists we're almost completely DEFENSELESS against cars and maybe we should wise up and realize it rather than puffing our chests and talking about vigilante-ism and justification. Whoever said life was fucking just or that the cops were on our side?

Maybe the lesson should be do not fuck with mobs of assholes with a grudge against cars, most of whom carry a club U-Lock and a chip on the shoulder, as the anonymity of the crowd allows them to act out in a way they wouldn't if they only had themselves to rely on.

You feel JUSTIFIED in folding to the suggestions of others and acting like sheep? Jesus, what a fucking tool. Maybe if y'all hadn't taken the matters into your own hands Mr. Swift would have gotten to go on a little ride with the cops, rather than just chill in the back of their car until we were gone. Instead you got the tables turned because of your childish tantrum, Mr. Swift got away scott-free and the incident was written up as if y'all were the aggressors.

What kind of precedent does that what y'all accomplished through your actions set for when we encounter people like him in the future? Will they recall that wacky monthly "Critical Mass" ride and how their last interaction with it went? Will they remember the state of the car and rather than detaining the driver just let them go for fear of it happening again? Will they just be proactive and start cuffing cyclists to keep it from going down that way? Guess time will tell, as I can easily see this shit happening again if the angry mob doesn't pull their collective heads out of their asses.

I'm a biker and I love all my friends, but fuck what you did last Friday was stupid.

We have a city council working with us and a police department working against us. Do you really think that anything would have come of it if they had taken your hindsight advice?

Has there been any break in any of the New Years hit and runs? all the police have to do is analize the paint chips on the shattered bikes and they would be able to determine the exact make and model of the vehicles. When I was hit I asked Nikol to get witnesses contact info but the cop stopped her saying, "That will all be on the police report." It was not, and the motorist was never sighted for any traffic violation leaving my lawyer nothing to work with in a law suit. When the city passes laws to crack down on motorists driving unsafe around cyclists the police instead just crack down on cyclists again.

I have been to much rougher cities where neither the city council nor the police pay any attention to bikes one way or another. Yet motorists know to keep their opinions and their Dasani bottles to themselves due to many years of getting their vehicles smashed up as penance for their aggression. I don't know about anyone else in this town, but I certainly do not use these rides as a cover for this behavior, as rarely as I ever go on a group ride anyway. I don't go around looking for trouble, I really do want to just be left alone, but when I feel threatened (especially when I am alone) I have never hesitated to make that person regret fucking with me.

The same way people learned the consequences of walking into the hood and shouting the N-word, we need to teach people the consequences of threatening our safety. We are on our own out there. We need to send a message to car culture that we are good-hearted and friendly people, but we are not push-overs.

Then we all live happily ever after.

If you have a license to carry a concealed weapon, it must be concealed.

Even without a license, you can carry a weapon in your vehicle while traveling (which is poorly defined, granted) but again, it must be concealed.

Based on that picture, it's in plain view. I can't really tell from the picture, but I assume that holster is mounted to the car? It wasn't simply removed from his side and put there when the police cuffed him?

While I imagine that given the circumstances it was legal for him to produce a weapon to defend himself (stupid, but legal) -- where it seems to have been stored seems illegal. I wonder why the police didn't get him for that?

Traveling is (or used to be, anyway) defined as:

You can't be going to or from work.

The trip origin and destination have to be in different counties.

I'm sure someone will correct me now.

I'm not correcting you but nor have I succeeded in verifying this. The source for the requirement that carriage by a license-holder be concealed is Texas Penal Code, Section 46.035(a), which provides that "[a] license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code [the concealed carry provision], and intentionally fails to conceal the handgun." The requirement that handguns generally must be concealed when in cars appears at Texas Penal Code, Section 42.02(a-1)(1), which provides that "[a] person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which ... the handgun is in plain view...." If there is an additional statute about traveling I have not seen it. Note that under the Government Code the DPS is authorized to make rules pertaining to the license--perhaps there is something about the traveling requirement in their rules(?).

... the handgun must be concealed.

As for the traveling part, here's more on that --

http://gritsforbreakfast.blogspot.com/2005/09/texas-new-carry-law-what-d...
http://gritsforbreakfast.blogspot.com/2007/05/new-law-will-finally-solve...

The law in the second link did pass -- I verified that much -- but I haven't carefully through the new law to make sure of everything.

But historically, traveling has been poorly defined. The courts have generally agreed on something similar to what Joe D said, but the specifics were still hard to narrow down -- and even if you did follow what you thought were the rules, you could still get nailed, it all depended on the cop, prosecutor and judge. The new law is supposed to fix that.

But in any event, I wonder why Mr Swift didn't get nailed for that holster. (Actually, it's possible he did -- after all, they're keeping the gun, making him go through channels to get it back.)

That is interesting about the holster. For the most part, counterintuitive as this may sound in light of the dramatic thumbnail sketch of the incident, I actually think the first responders at the scene were *mostly* right.

Under the 4th Amendment an officer can execute a warrantless arrest in a public place if she witnesses a misdemeanor or has probable cause to believe a felony has occurred. (Texas law has a slightly stricter standard, but for simplicity I'll stick with the 4th Amendment.) I'll take the second ground first: The obvious felony here would be Aggravated Assault (use or exhibition of deadly weapon while threatening another with imminent bodily injury, see Secs. 22.01 & 22.02, Texas Penal Code). (Incidentally, the officer in the video suggested that an Ag. Assault charge wouldn't stick unless Swift had actually *pointed* the gun. I have no idea whether that's true in practice but it's not how the statute reads.) The problem is that the suspect was raising what would be a jury defense, namely, that he reasonably believed displaying the gun was "immediately necessary to protect ... against ... unlawful force" (Sec. 9.31, Texas Penal Code), and the evidence at the scene apparently consisted almost exclusively of statements by interested or potentially interested witnesses. Evidence of this kind makes it hard to satisfy a probable cause standard. For probable cause, as I understand it, the officer would basically have to believe that a reasonable person in her place would believe that the felony occurred. But with only interested witnesses a reasonable person could believe Swift's account of events, especially concerning his statement of his own mental state (which is relevant to his defense and therefore to the issue of his culpability). In a case like that, I think the 4th Amendment operates to require that, for Swift to be arrested, one must swear out an affidavit on which a neutral magistrate can issue a warrant.

But then there's that holster. If that mounting position counts as "plain view" (and I don't see why it wouldn't) then the misdemeanor is occurring right there in the photograph--right in view of the officers. The only defenses I can imagine really don't pass the "straight-face" test. For example: "It was concealed below my seat before you arrived but, when I felt threatened, I pulled it out, waved it, and then stuck it into this holster conveniently affixed to my dashboard in self-defense." Right. It doesn't even make sense. Maybe someone who knows more about how these laws are applied can weigh in.

Very good points, stonsrad. I hope the cop investigating this has the sense to ask: "If Timothy Swift felt threatened, why didn't he drive away?" When he stopped and pulled the gun, his car was fully functional. Based on this, I hope any reasonable juror would conclude that Mr. Swift stopped his car and pulled a gun because 1. he wanted to feel tough and 2. he knew that he'd already committed a crime by hitting a cyclist on Guadalupe and feared a 'fleeing the scene' charge if he didn't wait for the cops.

When he pulled a gun on me, Swift asked if I wanted to fuck with him. My answer is yes, and my method will be using every legal means possible:)

-Luke

Luke,

I think your intuition on that point is pretty good. In fact, many jurisdictions basically codify your exact thinking on this subject, by qualifying a defendant’s right to invoke self-defense with a so-called “retreat rule,” which requires that, unless you are attacked in your home, you have to choose flight over fight if retreat is reasonably available. Alas, Texas has no such rule. On the contrary (and perhaps strangely, given our “law-and-order” reputation) Section 9.31(e), Penal Code, provides that “[a] person who has a right to be present at the location where the force is used ... is not required to retreat before using force as described by this section.”

So a person is not categorically denied from raising self-defense in Texas just because he could have run away. Of course, he still has to show that using or threatening force was reasonably necessary. That means detectives and prosecutors (and possibly even jurors, but I'm not sure about that) remain free to take a foregone flight opportunity into account in assessing the necessity. But even if Texas were a “retreat” jurisdiction this case might be complicated by the second point you raise: Swift could argue that he had not just a right but a *duty* to be present at the location. He had been involved in a collision with cyclists in which some amount of injury was virtually inevitable, and failure to stop would have put him in probable violation of Sec. 550.021, Transportation Code (fleeing the scene).

(From your description it sounded to me as though he initially contemplated leaving the scene. Was that your impression?)

The holster is illegal, yes.

Not sure of the intent to post his personal info (made public) but given his behavior I'd strongly advise stearing clear of his home and making sure not to trespass on his property.

That's the purpose of my post. I'd rather people not mess with his shit, but wanted to warn cyclists that this guy is willing to hit them with his truck AND draw down on them, and that he lives in a very highly trafficked area for cyclists. Knowing what this guy is willing to do I wouldn't suggest anyone come within 100 yards of this guys' front door, except that Meals on Wheels is right down the street and there's a weekly cycle delivery day for them. Be careful out there guys! Don't want to see anyone get run over OR shot by Mr. Timothy Swift.

Yeah, I definitely recognize that truck and that house from riding over on the East side, people with anger and concealed carry scare the crap out of me, I'll be avoiding him assiduously.

I didn't ride critical mass, but it's good to know that fuck face lives off East 5th, because I take the LAB past his house almost every day.

And here I was thinking a baseball bat was bad!

http://www.atxbs.com/?q=node/406#comment-3555

Let me be the first to say, BRAVO, Tim Swift! (should he be found innocent, and we should await the results).

You (and anyone else) fucking with this clearly armed citizen makes you (and everyone else) the dumbest group of people on the planet.

Way to be an asshole.

Sorry J, the gun does not make the man, and in this case it just exhibits his lack of character and worth. Maybe the clearly armed citizen shouldn't have struck several cyclists and then fled in his pickup truck if he wanted to be left alone with his gun.



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