[Parent67]

My question involves criminal law for the state of: Oklahoma
My 17 y/o son was assaulted by a 50+ y/o male previously convicted of 2 counts of child molestation, drug offenses, malicious injury to property, etc. We have 4 adult witnesses who wrote written statements that the gentlemen hit and kicked him before my son fought back to protect himself. We called the police (and an ambulance as the guy was knocked out) When the police arrived they did not arrest him. I was able to obtain a restraining order as this gentlemen lives in my immediate vicinity. This man is a menace to my small community. (which does not have police) He has made threats against the post master as well as a previous charge of assault with a deadly weapon against a grandfather of a small child he called filthy names to. For some reason the DA has not filed charges. In fact, the original DA assigned to the case stated that her intent was to file charges against my son for mutual combat and excessive force. The entire town is up in arms regarding this matter and the lack of persecution by the DA. This is crazy in my mind. Any suggestions?

[aardvarc]

My question involves criminal law for the state of: Oklahoma
My 17 y/o son was assaulted by a 50+ y/o male previously convicted of 2 counts of child molestation, drug offenses, malicious injury to property, etc.

Previous convictions don't play into incidents until sentencing, unless those convictions resulted in some condition to stay away from persons of a certain age or certain places or types of places, in which case additional charges for violating those conditions could be brought.

We have 4 adult witnesses who wrote written statements that the gentlemen hit and kicked him before my son fought back to protect himself.

Which may be so, but you haven't given us enough info to reasonably evaluate the totality of what happened. Where were both parties (public property, private property, inside a home or business, etc.), what incited the incident, any prior history between these two, etc.?

We called the police (and an ambulance as the guy was knocked out) When the police arrived they did not arrest him.

I wouldn't imagine they would, for several reasons. First, the practical reason being that medical care provided to persons under arrest usually comes out of the wallet of the city/county (i.e. us, the taxpayers), so it's pretty common to wait until medical care has been rendered (i.e. billed to the patient and not to the department), and THEN make an arrest. Second, police often have a difficult time getting a statement about what happened from an unconscious person (no way for the accused to tell HIS side of what happened). And third, police didn't witness any part of the incident. Standard procedure would then be to file a capias (request for a warrant) and go from there.

I was able to obtain a restraining order as this gentlemen lives in my immediate vicinity.

Perfect.

This man is a menace to my small community. (which does not have police) He has made threats against the post master as well as a previous charge of assault with a deadly weapon against a grandfather of a small child he called filthy names to.

As noted above, each of those alleged incidents must be dealt with separate and apart from each other.

For some reason the DA has not filed charges. In fact, the original DA assigned to the case stated that her intent was to file charges against my son for mutual combat and excessive force. The entire town is up in arms regarding this matter and the lack of persecution by the DA. This is crazy in my mind. Any suggestions?

Again, without knowing more, it's almost impossible for an outside party to evaluate. In just about any case where one person does a hit and a kick and the other party ends up unconscious, that's going to be seen as excessive (beyond what reasonable force was needed for self defense) and battery charges are likely to follow.

What were the other 4 adult witnesses doing while all of this was going on? Did they attempt to intervene in any way, or was everyone happy to stand around and see the person that the prosecutor's office is calling the victim get beaten into unconsciousness because the whole town doesn't like him due to his criminal past? (That's likely playing a big factor in the prosecution's decision on who to charge with what I suspect.)