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  1. #1

    Unhappy Group Of People I Thought Were Friends Jumped Me

    My question involves criminal law for the state of: Arizona

    I think this was pre-meditated.
    I am about 5'8 and 140.
    The three peopel involved;
    Guy I knew: about 5'10 and 260
    his small friend: 5'6 160
    driver: 5'8 240

    This is a rough overall description and some parts of this are rough descriptions to preserve anonymity and case details.

    A person I met twice before wanted to "hang out". I had substantial amount of money on me although im unsure if they knew how much, I was planning on purchasing an item which fell through and as I was walking to my bank they called and said they were "Here" and so i figured i knew them so i coudl just deposit my money when i got back.

    We proceeded to drive around town for awhile, then went to an apartment complex we visited last time (first time i met all of them). Parking on a side street. The driver went into the complex and the guy I knew and I rested against the back of the vehicle. the other friend stood about 4 feet in front of us. I noticed the guy I knew getting antsy for no reason at all really he started mentioning stuff about there being so many cars around (maybe 4 passed in 5 minutes). About 30 seconds before the driver reappeared the guy I knew started muttering about pills and kicking in, when I asked him what he was talking about he said (A strong painkiller). (In hindsight the only reason I can think of why he would take that drug is so that if I fought back he wouldnt feel pain.) This instantly put me on my guard but I didnt do anything.

    When the driver reappeared about 15 seconds later across the street the guy i knew (next to me) put his hand HEAVILY on my shoulder and started muttering that he was tripping, when the driver reached the other sides curb the guy next to me turned and gave me a HEAVY shove and elevated his voice to almost shouting that he was tripping ( i take it he was saying these things to distract and confuse me). This sent me into onto the sidewalk and into a 3 foot high wall which i took most of the force with my leg and rolled over it right next to the wall.

    I believe at this point the cash in my pocket fell over. Due to the other actions the other two people I must assume the driver picked up the money since the other two were too busy attacking me.

    Note at this point I could not see what was happening in the street/next to the car.

    He followed me almost instantly and was leaning over the wall putting his weight on me. I am unsure which he was more concerned with at this point: a: getting my cellphone out of my left hand or b: trying to hit me while I was on my back.

    I was absolutely determined to not let go of my cellphone and I had my right hand free. I used hand to pull out the 3" pocket knife i always carry (It is pheonix afterall) and managed to use the thumbstick to flick it open.

    I think he must have seen the knife because as soon as I got it open he pulled up and away tryign to stand up. because he had ahold of my hand wiht the cellphone in it he pulled me up too. Then instantly flung my cellphone hand to my right sending it to the ground. after throwing my arm across the he stepped straight back a few steps and his smaller friend appeared coming forward form behind him with a metal bat (He must have had it under the front seat) and swung it at my face. At this point I was facing myself froward from being turned sideways from my arm being flung across.

    I managed to pull my face back about 3/4 of a foot and the tip of the bat missed me by about 1/2 a foot. About 3/4 the way through his swing I noticed his eyes go towards my knife hand and he went with the swing and turned around. At this point I must have sensed he disengaged from the fight and so I darted for my cellphone. When i turned around the doors of the car were all shut and it was running and beginning to pull away from the curb. I dailed 911 and ran into the street and started memorizing the plate. By the time they made it to the end of the street I had relayed the plate to the controller.

    One of the things that bothers me is that there was a family of three people standing on the second floor of the complex who must have seen everything and when I ran up to them for help they pushed right past and got in their car and left.

    The operator confirmed the name of the driver with the name I had and I also gave the make/model which she confirmed, so they must know where he lives and who he is.

    Shortly after the police arrived and I gave a report and told them I would press charges.

    I ended up with a moderate bruise on my leg form hitting the wall, a bruise and tear on my knee, moderate scratches on my forearms, elbows, and on one hand, and heavy scratches on my back. Upon getting home I noticed some scratches above my left eye which may have been from the plastic cap on the end of the bat.

    I could have used my knife easily against the guy i knew, and probably against the one with the bat over the 3 ft wall. Was it good that I didnt? My single parent rose my in an anti violence manner which is probably why i didnt.

    A few questions:
    1. How probably is it they will be able to find the people other than the driver?
    He seemed to know the other two very well and i saw him with them before.

    2. What charges can/should I press for and which ones against whom.

    3. I highly doubt I will be able to get the cash back obviously, but with the charges will I be able to receive monetary compensation?

    4. With the charges please list sentences.

    A few ideas family members and others have pointed out are:
    Abduction or Kidnapping (For leading me with them under false pretenses and planning it out )
    Assault
    Assault with a deadly weapon
    Armed robbery
    Accomplice (driver)
    Aggravated Assault
    (And something to do with them operating as a group)

    I dont have any clue what sentences are or compensation are for the charges or if they even apply.

    Any help is GREATLY appreciated.

    p.s. They also damaged my new cellphone aesthetically. Can they be charged for property damage in addition?

  2. #2

    Default Re: Group Of People I Thought Were Friends Jumped Me

    If I had to guess, this sounds like a drug deal gone bad. For future reference, when people you hardly know go to apartment complexes, and one goes into a unit while the others stand around nervously, that's a pretty good clue that something is amiss. That the guy the guy who stayed outside with you TOLD you that he was "tripping" is another big red flag. The best way to stay out of the drama and unpredictability that surrounds drug users is to NOT hang out with drug users.

    It's not up to you to do anything at this point - just wait and be available should police have further questions for you. Police will investigate, and IF any charges are to be brought, they will be brought by the DA's office against anyone they reasonably believe they can connect to the case. Doubtful they'll get far enough to go with "conspriacy to commit" - but you never know.

    Crime victim compensation programs won't reimburse you for damaged property (outside of medically necessary items or certain excepetions, but cell phones aren't one of them). You could try to bring a civil suit against the assailant, but it's not likely worth the time and effort because even if you WIN the case you still have the problem of collecting (meaning you'd have to go through a huge hassle of locating his assets, going BACK to court to attach any assets, etc.)

    And if I were the judge, and was hearing a case with similar circumstances, I'd have to wonder if the "item" you originally intended to purchase was.......?
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,144

    Default Re: Group Of People I Thought Were Friends Jumped Me

    Quote Quoting AZcollegestudent
    View Post
    1. How probably is it they will be able to find the people other than the driver?
    Without help from the witnesses and your friends, probably very little. If they find the driver, they MIGHT be able to get him to roll over on his pals, but that might be iffy. But, if they hang together, the cops may be able to ID them and allow you an opportunity to ID their photos if you can.

    2. What charges can/should I press for and which ones against whom.
    You've already made the report to the police. The state will decide what charges are appropriate.

    3. I highly doubt I will be able to get the cash back obviously, but with the charges will I be able to receive monetary compensation?
    Possibly. If convicted of robbery or theft, some form of restitution might be ordered.

    4. With the charges please list sentences.
    Ask the state's attorney (aka the DA).

    Time to get new friends.

    I imagine the police are thinking this was a drug deal gone awry - especially if you were as mysterious with them about the amount of the cash you had and why you had it. If you were cryptic with the police, don't expect them to be pushing too hard on this case.

    - Carl
    A Nor Cal Cop Sergeant

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


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4

    Default Re: Group Of People I Thought Were Friends Jumped Me

    Thanks for the replies so far.

    I was detailed with the police.

    I also know all their first names which they sued while in the car.

    The item I was planning on purchasing was a 9800GX2 video card and I had withdrawn the money about 4-5 days prior and leaving to go deposit the money when they arrived.

    I obviously wasn't aware of what type of people they really were otherwise I wouldn't be hanging around them.

    Does anyone have any more advice?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,144

    Default Re: Group Of People I Thought Were Friends Jumped Me

    So, you had about $600 on you?

    At this point, about all you can do is keep in touch with the agency conducting the investigation and see how they are coming along with things.

    - Carl
    A Nor Cal Cop Sergeant

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


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6

    Default Re: Group Of People I Thought Were Friends Jumped Me

    Quote Quoting cdwjava
    View Post
    So, you had about $600 on you?

    At this point, about all you can do is keep in touch with the agency conducting the investigation and see how they are coming along with things.

    - Carl
    About $500 in my pocket which is what they got, they couldn't get my wallet because I was on my back when they pushed me and i keep it in my back pocket.

    Thanks alot for your help Carl. Im originally from Nor Cal myself, its alot different here in AZ.

    Also I highly doubt it but is there anything I could get charged with?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,144

    Default Re: Group Of People I Thought Were Friends Jumped Me

    Quote Quoting AZcollegestudent
    View Post
    About $500 in my pocket which is what they got, they couldn't get my wallet because I was on my back when they pushed me and i keep it in my back pocket.

    Thanks alot for your help Carl. Im originally from Nor Cal myself, its alot different here in AZ.

    Also I highly doubt it but is there anything I could get charged with?
    In theory, you might be charged with the equivalent of assault with a deadly weapon or brandishing a weapon for flipping out the knife, but you would apparently havea good affirmative defense in that you were apparently defending yourself.

    But, you could be charged ... it's not likely, but possible. Though, if these folks have a different story things might end differently.

    - Carl
    A Nor Cal Cop Sergeant

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


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  8. #8

    Default Re: Group Of People I Thought Were Friends Jumped Me

    Ok, thanks alot Carl for your help.

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