
Quoting
fastline
When I say "physical", I mean against a person through direct contact. I never touched the suspect. After the suspect freely dismounted the bicycle, I had full possession of it. Then they came back out and both were pulling at it but I was standing over most of it. I fail to see how they (especially the thief) can have any defense for protection of any property. Even if I wrongfully "stole" my own bike, they freely engaged me. I am still trying to determine the KS statutes on lawful repossession of stolen property. I know there is a line drawn for any use of force but force is a gray area here IMO.
I realize when you play internet police, everything else seems like a better idea and I know I made some bad choices here but the reality is I probably would not have gotten a pic in time and was sort of surprised by the event. I did not know if the suspect was going to attempt to ditch the stolen bicycle and did not want it to leave the scene.
The police apologized for the matter but reminded me that the facts in the case are such that I allegedly injured her while she was trying to get the bicycle. Indication is that I scratched her when I put the bike in the back of the truck.
The police IMO did not collect all the facts and still don't even have a statement from me in the matter!! The detective talked to me for 30sec and got a quick rundown before talking with the thieves for 30min. Then I get cuffed. They will pursue the battery charge because they already charged me. It is up to the DA to decide how to handle it.
The way this small down works is cops file charges, DA, depending on odds in the case may look to lessen charges to collect some quick cash. If it goes to trial, the court ALWAYS wins. I have been here before and pretty much banking on filing an appeal with district court. We have a crooked judge.