[spiro9210]

O.k Folks I need all your help on this one. It's a long post, but please read.

I live in greenbelt, MD in an apartment complex. My car got towed from the complex because it had expired tags. Apperently, my tags had expired just two days before it was towed. Luckily for me, my appartment complex had just changed the rules, and they gave tenants 3 days before their vehicles got towed for expired tags. So I took this information to the tow truck company in hopes of having my vehicle returned.

As I expected, the tow truck company refused to release my vehicle. The man at the desk smoking a cigar right in the office claimed he wasn't going to deal with that "bullshit" (he was refering to the apartment complex policies). I argued about my rights to retrieve the vehicle due to thier own mistake, and that I wasn't going to pay them $195. I also threatened to report them to Apt complex in hopes of changing their stance. Instead, he told me to leave his tow lot immediately. I refused except I drove off with my vehicle.

To my astonishment, he grabbed me by the back of my neck and tried to haul me out off the tow lot; two of his colleagues also joined the scuffle. Well, here comes the worst part. After I was forced out of the lot by these three men. I exchanged words with the main perpetrator. He went over his head and began punching. I am no easy fella. So I grabbed and tossed him by his shoulders. His other buddies soon joined the scuffle for the second time.

One of three grabbed me from behind using his forearm around my neck. The other two began punching away. I was helpless to defend myself. If only I could get the other guy off my back.... :evil: Anyway, to cut long story short, I managed to break away from the scuffle and drove straight to the police station. Unfortunately, the police station couldn't handle the case because it was out of their jurisdiction, but they insisted on calling an ambulance to the station due to my constant heavy nose bleed. I took pictures of my injuries and recieved minor medical treatment; I also declined to be carried to the hospital at the time.

I left the station and drove back to the scene of the assualt and called the police from there. The police arrived, but all they could do was give me the state ID information of the perpetrators. They couldn't write a police report because I knew who the perpetrators were, and there was no need for it. Moreover, the perpetrators couldn't be arrested because the officers claimed it was a second degree assualt :? :evil: (What?!!! I just got my ass kicked silly by thugs), and that I should take their information to the court house for proceedings :? . I collected the officer's info and left for the hospital, and upon threatment, I was told I had a broken nose that may require suggery. Moreover, I was refered to a dentist to probably have two of my teeth removed due to substantial damage.

I have the name and info of the tow truck company and the perpetrators, the name of the officers involved as well as the reference numbers, pictures of my injury as well as the doctor's diagnosis of my injuries. I know what the officers said, but what is the right course of action for my situation. Thanks

Note: This just happened today at 11:00am. All the perpetrators work for the tow truck company. The tow truck company is under contract with the apartment complex. There have been recent complaints against the tow truck company which forced the Apartment complex to make changes to the tow policy.

[aaron]

It sounds like the police didn't want to get involved - perhaps they viewed it more as a case of mutual combat.

You can sue them for up to $5,000 in a Maryland small claims court. You can sue for more, if you can establish greater damages, but it is best to obtain assistance from a lawyer if you bring a suit in a regular court.

[spiro9210]

What are my chances of winning in a small claims court? There are no witnesses to this crime, but I have my injuries as stated by my doctors. I also have the the tow policy provided by the apartment complex that shows that I wasn't supposed to be towed, and I also the police were called to the scene. Moreover, Tow truck driver doesn't deny assault. I have since filed a complaint, and the DA will file a first degree assualt charge once my charge gets screened.

[aaron]

If they admit the battery, and don't claim a lawful excuse, your odds of winning seem good. If they are convicted of criminal offenses, that should help your case; although the issue may become moot if you receive sufficient restitution as part of the sentencing process.

[cdwjava]

I argued about my rights to retrieve the vehicle due to thier own mistake, and that I wasn't going to pay them $195. I also threatened to report them to Apt complex in hopes of changing their stance. Instead, he told me to leave his tow lot immediately. I refused except I drove off with my vehicle.

Technically, you may have been guilty of trespassing at that moment. He did not have to turn over your vehicle on your say-so. Perhaps the police could have responded to help mediate ... or, you may have had to deal with it through the complex manager or an attorney. But telling the tow owner that you weren't going to leave was not a good idea.

They couldn't write a police report because I knew who the perpetrators were, and there was no need for it. Moreover, the perpetrators couldn't be arrested because the officers claimed it was a second degree assualt :?

I don't understand why they couldn't write a report on it ... I think you may have gotten their reasoning a little turned around.

As for the arrest, it may have been because the law in your state does not permit an arrest for that low level an offense (simple battery) that long after the fact. Not being familiar with your state's law, I can only hypothesize.

and that I should take their information to the court house for proceedings :?

That may well be how it is done in your state. I know that in some states the victim of a lesser crime has to make a statement to the court and "swear out a warrant" ... yours may work that way.

I collected the officer's info and left for the hospital, and upon threatment, I was told I had a broken nose that may require suggery. Moreover, I was refered to a dentist to probably have two of my teeth removed due to substantial damage.

Ultimately, this sounds like it has moved past a "simple" battery to a more egregious offense.

I have the name and info of the tow truck company and the perpetrators, the name of the officers involved as well as the reference numbers, pictures of my injury as well as the doctor's diagnosis of my injuries. I know what the officers said, but what is the right course of action for my situation. Thanks

I'd say you should contact the investigating agency again and provide them with the medical information (copies of the documents). You might also consider contacting an attorney regarding any possible civil action against your assailants.

- Carl