Video: Driver Attacks Cyclist with Machete, Gets Killed by Own Knife
In a case that has generated legal and moral debate across China, a cyclist who was attacked by a man with a machete, and who then killed his assailant in the ensuing scuffle, will not face charges.
A widely viewed traffic cam video shows what happened the night of August 27 in the Chinese city of Kunshan, west of Shanghai. Yu Haiming, a 41-year-old electrician, was waiting at a stoplight on his e-bike when 36-year-old Liu Hailong, driving a BMW, approached from behind. Liu swerved toward Yu, who was in a dedicated bike lane, and nearly hit him.
Two passengers then left the BMW to talk to Yu, with one gently moving his bike to the sidewalk. But about 30 seconds later, Liu-who had been driving drunk, according to the Jiangsu provincial prosecutor-stormed out of the car and began punching and kicking Yu, who fought back. Liu then returned to his car, grabbed a machete, and started swinging it at Yu. At some point the knife flew out of his hand; Yu got to it first and turned it on Liu, stabbing him at least five times.
Liu retreated to his car, with Yu in pursuit taking a few more swings with the machete. Liu was brought to a hospital but later died of his wounds, which included ruptured veins and intestines. Yu suffered non-fatal cuts and bruises.
The story went viral on Chinese social media, sparking a debate on how cyclists should respond when confronted with road rage. Many observers came down on Yu’s side, arguing that he acted in self-defense. Others said that by pursuing Liu after gaining control of the weapon, he opened himself up to prosecution.
“There is a legal right to strike back, however, it needs to be within certain limits,” Zhang Di, a criminal lawyer with Weiheng Law Firm in Nanjing, told the South China Morning Post. “If the attacker has already pleaded for mercy or run away, one should stop the counter action and call the police, or get to safety.”
Some users on Sino Weibo, the immensely popular Chinese microblogging site, even launched online fundraisers to help pay for Yu’s potential legal defense.
But it wouldn’t be necessary. On Saturday, local authorities announced that they would not bring charges against Yu, finding that he did not bear any criminal responsibility for Liu’s death. “Yu acted out of self-defense,” the police statement read. “As such, the police have closed the case against Yu.”
The case was far from China’s first nationwide debate over self-defense. In 2016, courts sentenced a 22-year-old man to life in prison for killing a debt collector who had gotten violent with him and his mother. According to the South China Morning Post, courts have “overwhelmingly” ruled against defendants claiming self-defense in the past. Out of 100 cases the paper looked at online, judges found self-defense was justified in only four.
Qu Xinjiu, a professor at the China University of Political Science and Law, told the paper that he hoped Yu’s case would mean stronger protections for those in similar circumstances in the future.
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