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  1. #1
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    Default Agg Assault charge

    In July of 03 I was at my home with a woman I was living with. She said she was divorced and we had been seeing each other for a few months and she had been at my house for two weeks.

    Her "ex" had been giving her problems and I stayed out it. I didn't know him and it wasn't my issue.

    On this day, I was taking the girl to get a restraining order against him, had an appt set up with the magistrate judge.

    An hour or so before time to be there, a knock on the door. The guy said he wanted to see Jennifer and I asked who he is. At that point, he rushes into my house with four of his buddies, wanting to fight. I said no and to leave, they refused. I finally figured out to get them out I said I would fight but outside. When they walked out, I shut the door and called 911. One of them snatched the door open and all of them came in. One tears the phone out of the wall and it was "fight on". I did manage to let the operator know what was and happening and where.

    Eventually they leave before the cops get there and I reconnected the phone, I called 911 back. Shortly afterward, they show up and talk with us, one cop goes to the guys house and talks with him and his buddies.

    Next, I am arrested for Agg assualt. Reason: somewhere during the fight one guy fell, splitting his head against my console TV. His blood and hair were on the base of TV and blood on the carpet. The police never took notes of this, even though we both showed them. { Until this point, I never went outside, BTW}

    So, I bond out at $11,000, pawning everything I own and a friend pawned her car title to cover the rest.

    Then, Jennifer and I go to the cheif of police and take him written statements and he finds all the reports of him harrassing her and that he had been arrested seven times in the past year for fighting others.

    They do an investigation and the one guy is arrested 3 weeks later for simple battery only.

    We also get conclusion of the investigation.I was arrested because I opened the door when he knocked and because he said I hit with an object on his head. "There was probable cause" it said.

    I explained the police at the time that I was in my own home, demanded they leave, called 911 {twice}, and just three weeks prior to this, I had heart surgery {fourth in the past three months}.

    After all this, she goes back to him and they move to another state.

    We go to court and the judge jumps down my throat for messing with a married woman and throws both cases out, but humiliates me in front of everyone and refused to see her statement to the police, in which, she even tells them that she and her "ex" are divorced.

    The judge says I deserved it because she was married. It was in that courtroom, at that time, I find they ARE still married.

    My question is: wasn't this a wrongful arrest?

    Both police involved in the incident were suspended for not properly documenting evidence.

    This has costed my a total of about $18, 000 plus the humiliation and aggravation.

    How do I recoupe the costs incurred? The county attorney says the cops were right and this was "just an expensive lesson" for me.

    No local attorney wants to handle it because they rely on the cops there in that small town in Georgia

    Can anyone reccomend an attorney in GA that will take this???

  2. #2
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    Sep 2005
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    Default Re: Agg Assault charge

    Why do you think it was a wrongful arrest? A fight resulted in injury to another party - this is aggravated assault. Perhaps it was self defense, but that would be a matter for a court to decide. In this case a judge apparently tossed both cases out anyway. Without an adjudication that there was a lack of probable cause for the arrest, you aren't going to get too far with a lawful arrest suit.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  3. #3
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    Default Re: Agg Assault charge

    I don't think its too much to ask that the costs incurred on my part come back to me.

    It was self defense to fight back against four people, yes. He was not struck by anyone or anything. he opted to bust through my door and got hurt. If he stayed outside, he would have been fine. Had he left, it would have been better for him.

    Four people bust into your house and one gets hurt. You are ok with going to jail and losing $18,000???

    I have a right to self defense in the first place, that alone means something.
    They came into my house, uninvited, and this is ok?

    I am minding my business and this happens and I am to say "ok"???
    Many laws were broken by these people. Criminal trespass, agg battery, breaking and entering, disconnecting a 911 call.
    What did I do? Believe a woman. I doubt this is justification.
    How can the police say probable cause when there was no documentation in the first place? Thats why they were suspended. NOTHING was documented.

    Put yourself in my place. Are you ok with all this?????

  4. #4
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    Mar 2005
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    Michigan
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    Default Re: Agg Assault charge

    Have you considered suing the four people who came into your home?

  5. #5
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    Default Re: Agg Assault charge

    Quote Quoting zedex
    Put yourself in my place. Are you ok with all this?????
    I never said I was "okay" with anything. I only questioned that this was a "wrongful arrest" as you claim you want to sue for. If there was probable cause (and it seems there was) then the arrest was lawful ... even if it was not "fair".

    As Aaron suggests, your best course of action may be against your attackers.

    On the other hand, since almost three years have passed, it is very likely that the statute of limitations has passed for any civil action. What brought this up all of a sudden after all these years?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  6. #6
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    Default Re: Agg Assault charge

    The people involved have absolutely nothing. Thay living with her grandmother in Alabama. No reaon to look there.

    What brought this up now is that I just recently found this board. I have talked with attorneys in that town {Brunswick} and they refused to do anything, as one put it about the police and system there, " they can be our bread and butter".

    SO: is 3 years, if notified that I intend to file suit within the first year. I notified them when we went to the police cheif a few days after this happened, three years is next month.

  7. #7
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    Default Re: Agg Assault charge

    I believe they the police dept knows they were in the wrong because the two officers involved were suspended, 10 days I think, for not documenting the scene and because the people that came into my house were not charged, however the one was only after going to the cheif.

    If the officers were in the right, they would have never been suspended, right?

    Also, the lady that actually took me to jail, kept apologizing, sayng it wasn't right and she'd make it known in court.

    Also, there was a 23 minute lag in time frm the first to the secong 911 call. When I called back the second timeand asked what happened, the operator said she tried to call back but there was no answer, so she thought I had left to go to magistrate court as originally planned. So no one was sent until I called back.

  8. #8
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    Default Re: Agg Assault charge

    The officers coul dhave been suspended for any reason ... I doubt the city will tell you what it was for, specifically.

    Again, even if they should have pursued higher charges against the other party that does not equate to a wrongful arrest against you. You were in a fight, a party you fought with had a visible injury, that apparently qualified as aggravated assault. As has been stated before, the probable cause necvessary for an arrest is far less than that needed for a conviction. For the arrest they needed a fight and injury - they had that.

    And failing to do their job adequately (like documenting the scene) is likewise generally not actionable.

    From this site:

    http://www.expertlaw.com/library/lim...e/Georgia.html

    Accordingly, a suit would have to have been filed it seems within TWO years.

    Certainly, you should speak to an attorney, but I doubt there is a case for a wrongful arrest here even if you CAN somehow sue the police.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  9. #9
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    Default Re: Agg Assault charge

    A quote from the letter sent to me by the police dept:

    " .......I feel that they { the officers} failed to thoroughly investigate, collect and document all evidence that should have been been gathered the day of the incident to best present the case to the court. This issue has been resolved through appropriate internal disciplinary proceedings. The officers were suspended for a period of ten {10} days, without pay. However, this will not stop Mr.------{me}---- case from proceeding through the appropriate courts for final disposition."


    The officer that arrested me had also arrested the other guy in several fight situations that he took to other peoples' homes before this happened to me.

    The probable cause given was that the guy has a cut on his head. The wrongful part, I believe is that the sargent who said to arrest me never came to my house and had not seen any evidence. The lady that did the actual arrest saw the blood on the carpet and TV and she explained to the sargent, but the sargent was certain, even without seeing anything, that I hit the other guy with something. It was his call and HE screwed up.

    Besides, even if I did hit him, I do have aright to self defense. I was of ill health, four people bust into my home, interupting a 911 call and they brought a fight to me. Where is the justice in this?

  10. #10
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    Default Re: Agg Assault charge

    Quote Quoting zedex
    A quote from the letter sent to me by the police dept:

    " .......I feel that they { the officers} failed to thoroughly investigate, collect and document all evidence that should have been been gathered the day of the incident to best present the case to the court. This issue has been resolved through appropriate internal disciplinary proceedings. The officers were suspended for a period of ten {10} days, without pay. However, this will not stop Mr.------{me}---- case from proceeding through the appropriate courts for final disposition."
    Nothing indicating a false arrest - only dereliction of duty - an internal matter.

    The officer that arrested me had also arrested the other guy in several fight situations that he took to other peoples' homes before this happened to me.
    Okaaaay ... and that means, what?

    It just means that he had arrested the other guy for battery before.

    It is not an uncommon situation for today's suspect to be tomorrow's victim.

    Again, nothing to show an unlawful arrest.

    The probable cause given was that the guy has a cut on his head. The wrongful part, I believe is that the sargent who said to arrest me never came to my house and had not seen any evidence.
    The officer that arrested you made that decision based on probable cause. And if the sergeant approved the arrest, it was based upon the statements of the officers involved. Plus, the scene does not change the elements of aggravated assault.

    Once more, self defense is a defense raised in court - it is NOT something the police have to deal with at the scene.

    If you shoot an intruder holding a knife inside your house as he lunges at your wife, you can STILL be arrested and charged for murder or manslaughter. The issue of self defense is raised later.

    The lady that did the actual arrest saw the blood on the carpet and TV and she explained to the sargent, but the sargent was certain, even without seeing anything, that I hit the other guy with something. It was his call and HE screwed up.
    STILL not unlawful as it is based on probable cause.

    Besides, even if I did hit him, I do have aright to self defense. I was of ill health, four people bust into my home, interupting a 911 call and they brought a fight to me. Where is the justice in this?
    Self defense is raised in court. Since you were never brought to trial, it is a non issue.

    And since a judge seemed to drop BOTH sides of charges, your only recourse for "justice" might be to sue the suspect(s). You might also seek a restraining order against the suspect(s) if you can.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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