Driver of illegal motorcycle fights charges, sues NYPD

Driver of illegal motorcycle fights charges, sues NYPD

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NEW YORK (MYFOXNY) -

A 77-year-old man is recovering from a broken leg and other injuries. Police said he was struck on Boston Road Sunday evening by a speeding dirt bike. Cops said it was part of a pack of more than 30 illegally operated motorcycles.

This isn't the only case getting attention.

Video taken near Randall Avenue in Hunts Point in August 2012 was given to Fox 5 by an attorney for an injured dirt bike rider who is now suing the police department for millions of dollars.

You see the unlicensed motorcycle, driven without a helmet by Eddie Fernandez, 28, apparently in a cat-and-mouse game with a police patrol car.

Then you see his friend, Adalberto Gonzalez, running up to the bike and jumping on the back as they try to get away.

But that's not the end of it. In another view you can see the police car chasing the dirt bike and accidentally ramming into it.

But to Gonzalez, it was no accident. His friend died from his injuries. Gonzalez, who recently underwent surgery on his foot, was charged with reckless endangerment, resisting arrest and reckless driving.

For those people who live in communities where the unlicensed motorcycles and their illegal operation has taken over, like the Boston Post area where the 77-year-old man was hit this weekend, the swarming, buzzing bikes are considered a dangerous nuisance.

With his best friend gone, Gonzalez is now defending himself against the criminal charges brought against him. He is determined to fight the charges and slap the NYPD with a hefty lawsuit.

His attorney is outraged.

"I'm having difficulty finding any reason for why this case should be going to trial," said Cesar Gonzalez.

The Bronx District attorney declined to prosecute the police officer who was behind the wheel.

Gonzalez will go back before a judge on Thursday as the criminal case against him moves forward.

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