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Video: Van passenger fires pistol at cyclists in Essex

Weapon is believed to be an airsoft gun – but police closed case due to lack of evidence

A road.cc reader has shared footage showing the moment a passenger in a van fired a weapon – possibly an airsoft pistol, colloquially known as a BB gun – at him and two friends he was cycling with in Essex. The video was submitted to police, but after an initial investigation officers closed the case due to insufficient evidence.

The incident happened near Orsett, near Grays, at 10.12am on 18 April as the three cyclists, all of whom wish to remain anonymous, were “out for a chilled 50-kilometre ride.”

On the video, the van passenger’s left hand is outside the window of the vehicle, pointing an object at the riders.  

close up of reg plate and face 2.JPG

One of them told road.cc: “At the time we were riding along chatting, saw someone hanging out of the van and heard a loud crack, realised it was someone shooting a pistol.

“It was a single shot, being blue we think it might have been an airsoft gun but will never know.

“Oddly the guy on the front missed it all, he turned to say something to me and hadn’t even realised anything had happened.

“At the time we did not get the vehicle registration so did not call 999. I reviewed video footage when home and as it clearly showed the incident and the vehicle registration so I reported to the Essex Police via webform on the evening of 18 April (as phone systems were down).

“On the afternoon of 19 April I received a boiler plate ‘victims letter’ noting the offence was classified as ‘Assault without Injury’.

“On the morning of 20 April I challenged this classification via email and received a call back from Essex Police, which did not clear up the question entirely. They  confirmed I could not send in the video via email as it would be too large for them to receive.

“On the morning of 21 April I emailed in screenshots of the video,” he continued. “On Friday 23 April I received a text message saying a PC was investigating and would be in contact.”

The investigating officer visited the cyclist at home on the morning of Tuesday 27 April. “He said I did not need to give them a copy but to retain it for 12 months.”

That afternoon, police sent him a text message in which the officer told him that “images will be sent via our internal system of the suspect to try [and] identify him. The address registered to the vehicle has been attended, the owner of the vehicle has denied the incident occurred and has not told me any passenger names that he had in the vehicle, so at present I am unable to ID the person responsible. The matter will be filed pending the suspect being ID’d or further evidence.”

He replied to the text message the same afternoon, “challenging the lack of action and requested a senior officer reviews the investigation. I did ask in my response if the police have concluded and therefore if I can take this to the press.

“A couple of days later the PC called me.  Neither he nor his sergeant can explain it being recorded as assault.  The investigation had come to a dead end and there was nothing else they could do without further evidence,” he added.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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46 comments

Avatar
jh2727 replied to sapperadam | 2 years ago
2 likes

sapperadam wrote:

That is a firearm at the end of the day.

Since 2017, compliant airsoft guns haven't been classed as firearms. I've no idea what proportion of BB guns meet the requirement to be considered 'airsoft' - I'm going to guess that it is less than 100%. I would imagine they have grounds to search the van and the registered keepers home - people who think it is okay to go round shooting at people are probably involved in other criminal activity - at the very least, if he refuses to name his mate so that the (or a) gun can be checked, he is inviting the inconvenience of his property being searched.

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grOg replied to jh2727 | 2 years ago
1 like

This.. plod should haved used the video evidence to investigate the driver and who knows where the evidence trail could go from there.

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eburtthebike replied to sapperadam | 2 years ago
0 likes

sapperadam wrote:

WTAF?!? There is evidence.

Evidence of someone leaning out of a car and firing a toy; no-one was injured or died or even felt threatened; no evidence of a crime being committed.

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lukei1 | 2 years ago
13 likes

I'm sorry, isn't this a fairly serious firearms offence? Shouldn't a squad of police be kicking in the door of the registered keeper of the van and making him sweat in a holding cell for a while?

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brooksby replied to lukei1 | 2 years ago
8 likes

Exactly.  I'm pretty sure that "But it was only an air pistol" is NOT a defence. 

Try walking down any street, anywhere, carrying an air pistol and see how quickly the police come down on you...  Good grief!  You see articles and TV shows all the time where someone is in trouble for having a replica firearm, let alone an actual one.

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Hirsute replied to brooksby | 2 years ago
5 likes

People have been shot dead when using a replica gun when refusing to comply with police instructions.

Which is fair enough - I would not expect police to risk theirs and others lives where someone with a gun refuses to comply.

 

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brooksby replied to Hirsute | 2 years ago
0 likes

hirsute wrote:

People have been shot dead when using a replica gun when refusing to comply with police instructions.

Which is fair enough - I would not expect police to risk theirs and others lives where someone with a gun refuses to comply.

AFAIK the initial offence is if someone thinks that you have an actual gun pointed at them.  That'll get the police very interested in you straight away...  You're in less trouble, but not NO trouble, if it later turns out to be a replica...

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ChrisB200SX replied to brooksby | 2 years ago
2 likes

brooksby wrote:

I'm pretty sure that "But it was only an air pistol" is NOT a defence. 

The keeper/driver isn't even saying that though. They aren't saying anything other than it didn't happen. I suppose unless you actually recover the firearm and identify the perpetrator you don't really have a case because you can't categorically prove it was a firearm rather than "something in his hand". The law can be an ass.

I really hope the driver/keeper was arrested and held for 24 hours and maybe his van searched... that might at least make him think twice the next time his passenger wants to attempt to shoot someone.

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cidermart | 2 years ago
8 likes

Sounds like the typical Essex police "You're only a cyclist and we can't really be bothered!" response that I've encountered on numerous occasions.

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wtjs replied to cidermart | 2 years ago
2 likes

Sounds like the typical Essex police "You're only a cyclist and we can't really be bothered!" response that I've encountered on numerous occasions

Essex Police are serial offenders- were you the one who sent in the close pass video where EP said it wasn't properly close because the cyclist hadn't braked or wobbled? EP use many of the same dodges as Lancashire Constabulary- if you have the indisputable and conclusive video they just ignore the report, or on the slightest excuse they go for their dream scenario: 'insufficient evidence'. If it's a big file, they say they can't receive it even if you put it on DropBox or OneDrive, or they can't get it to work, or the HEVC videos 'don't work'. Most forces, it seems to me, will do just about nothing in their power to investigate offences against cyclists.

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Hirsute replied to wtjs | 2 years ago
2 likes

I think they have a new team now or the old team has been returned following covid easing.

I am now having successes (in the main I am happy that they go on a course)

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cidermart replied to wtjs | 2 years ago
0 likes

No that wasn't me but EP have claimed that they never received evidence of an offence despite me having an electronic receipt of their receipt of it and that was answered with "well it's too late now to prosecute". Also when a passenger threw a stone/rock that hit me, funny enough not too far from where this incident happened, I received a frighteningly similar reply to this one "We sent an officer round to the registered owner and they have no recollection of the incident so we're not taking any further action". Numerous other incidents I have reported and have no ideas about what has happened as there has been no follow up from them. The only one I know they have taken action on was a Mercedes driver that resulted in 3 points, £140 fine, £90 costs and £30 surcharge after they finally plead guilty.

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mattsccm replied to cidermart | 2 years ago
0 likes

This would be the incident that was posted by the "target" on the CUK forum a few weeks back. Taken a while to get here.

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ceewill51 replied to mattsccm | 2 years ago
1 like

Good job it was Essex and not Ulster because the van driver would be lucky not to have several double tapped 9mm's flying around inside.. and i'm serious, many off duty guys in this locale carry a ppw and travel in groups  so affording someone a chance of returning fire if they're threatened , many other non security force people retired , politicos, minders are all permitted firearms, that and a call to the boys would have had that van off the road, maybe even rammed off  and the occupants trailed off kicking and  screaming.. no sane person aims a pistol at anyone if you pull it here it will get messy.. i'm sorry for  the guys that witnessed this,  get the press onto it,  someone will know that van and the guys inside . they need  some manners put in them big time..

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mdavidford replied to ceewill51 | 2 years ago
1 like

ceewill51 wrote:

Good job it was Essex and not Ulster because the van driver would be lucky not to have several double tapped 9mm's flying around inside.. and i'm serious, many off duty guys in this locale carry a ppw

Doesn't that ruin their jersey pockets?

Avatar
Eton Rifle replied to ceewill51 | 2 years ago
0 likes
ceewill51 wrote:

Good job it was Essex and not Ulster because the van driver would be lucky not to have several double tapped 9mm's flying around inside.. and i'm serious, many off duty guys in this locale carry a ppw and travel in groups  so affording someone a chance of returning fire if they're threatened , many other non security force people retired , politicos, minders are all permitted firearms, that and a call to the boys would have had that van off the road, maybe even rammed off  and the occupants trailed off kicking and  screaming.. no sane person aims a pistol at anyone if you pull it here it will get messy.. i'm sorry for  the guys that witnessed this,  get the press onto it,  someone will know that van and the guys inside . they need  some manners put in them big time..

"Double tapped 9mm's".
Are you Big Vern from Viz?

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