You boys on bikes stay safe...

[Shootin 4 Fun]

Wouldn't that be akin to shooting at an intruder who's running away from your house, because he's still holding his pistol? The firearm is still operable, so you as the homeowner are still at risk and therefore can shoot at his retreating back?

This is, of course, assuming the driver was indeed driving away from the shooter and the other bikers.

I'm not an attorney.

I would not convict the shooter in either instance.