Charged With Assault After Altercation With a Tow Truck Driver

I was having my car towed from the sight of an accident by a Towing company who was dispatched to the sight by my road side provider AT&T. The tow truck driver hooked the car, I got in the passenger seat and we made our way to where I live. The tow truck driver stopped the truck 466ft from my house and decided to call AT&T to tell them that my car was in an accident and that it would cost more to tow. With the phone on speaker, the AT&T employee said that AT&T does not cover accidents and that it would cost more money. I said to her, shouldn't he have told me this before hooking up my car? The AT&T employee told us to hold on while she consult her supervisor. She came back to the phone and said because the car was already hooked and en route, the tow truck driver would have to tow the car for the regular fee. After being told this more than once, the tow truck driver told the AT&T employee that he was not going to bring the car to my home. The AT&T employee said, "Are you serious? What are you going to do, hold the car hostage?" The tow truck driver said "Yup" and hung up the phone. He drives pass the front of my house and turned up the street where I opened the door and said let me out. He punched me in my chest and said, "Close my ****ing door". I refused to close the door and he keep driving, passing the back of my house. With the door opened I continued to tell him to let me out and bring my car home. He refused and continued to drive, yelling at me to, "Close my ****ing door". I refused and told him to let me out. He became more aggressive, but in my head I'm thinking with the door opened he has to stop to let me out, but that was far from what happened. As he was driving, he said, "You're going to my place and tried to get onto the highway. I grabbed the wheel and made sure he stayed on the street. He punched me in the face and I hit him back and he began to push me out. But I was more concerned with his hands and kept my eyes on them to make sure he didn't pull out a gun. But while I was looking as his hands and in fear of a gun, he pushed me out of the truck. I tried to hold on so I wouldn't get hit my the traffic behind me but as he looked at me, he sped up and I was no longer able to hang on and he ran me over with the tow truck breaking my Fibula bone in my left leg, fracturing my tail bone, causing serious nerve damage in my left thigh in which I now have no feeling, lower back pain from a disc that is out of place, road rash that extends from my foot to my stomach. The police report is written in a way that makes it seem like there was no victim and as a result he and I both had arrest warrants put out for us – me assault 3rd and breach of peace and the tow truck driver breach of peace, assault 3rd, reckless driving and reckless endangerment. I have documents from AT&T that proves the tow truck driver was supposed to bring me home. All conversation with AT&T are recorded and I have two recorded conversations with AT&T where they say I was not supposed to give him any money and that he did hang up on the AT&T employee. I was told that I could use those recorded conversations in court. But when I told the police they informed me that it was not the police job to investigate. Was the police right to arrest us both? And I thought I was the victim so why was I arrested? What should I do when I go back to court? My public defender said if I drop the charges against him he will drop the charges against me and I said no way. Any help would mean so much.

This sounds rather mutual to me. Your attorney is in the best position to advise you, and if he is saying that your best bet is for everyone to drop the charges, maybe you should consider it. That doesn't mean you can't still try to sue the other guy for any damages, but you could BOTH be convicted for this little melee.

Your call.

Why would I want to drop the charges against him? I did not choose to be in the tow truck, he refused to let me out.

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Quoting mikedav1

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Why would I want to drop the charges against him? I did not choose to be in the tow truck, he refused to let me out.

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That's fine - and I understand what you're saying. But, since you are both charged, if the prosecutor charges you both then you can both be convicted ... and you can both be acquitted.

Good luck.

Anyone have any real advice?

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Quoting mikedav1

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Anyone have any real advice?

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We were not there. Personally, I would have thought under the circumstances you relayed he attempted to kidnap you. Why the police view it differently, I do not know.

So you saying I should of got out while the truck was still in motion? I was the one who asked to be let out, he was the one who refused to let me out. Keep in mind he had my car hooked to his truck. Also everything happened the way I said it did and have documentation from AT&T and recorded conversations from AT&T. His story to the police was that I refused to pay even though AT&T gave me proof that I did not have to pay, gave me the recorded conversations of them telling him I did not have to pay and that he was to bring the car to my home. When he hung up on AT&T all of which I have proof that he did. He also said in the report that I asked to be let out then I jumped out. But all six witnesses that gave statements say they saw him run me over.

We do not know all the facts, but apparently the police and the prosecutor see it differently than you do. Why they see it differently is a matter of pure speculation. Nonetheless, it is the opinion of the prosecutor that counts here.

From what you write, the police and the prosecutor charged BOTH of you with offenses. You have been advised that if you choose not to pursue charges against the other party, the charges against YOU will be dropped. You have a pretty clear path should you wish to avoid criminal charges yourself. Heck, even your attorney appears to be advising you to accept the offer. But, ultimately, YOU have the say in whether you accept the offer or not. You are certainly free to take your chances at trial and hope to be acquitted. Your being acquitted would not in any way guarantee that the driver might be convicted.

If you wish to avoid jeopardy yourself, perhaps you should consider accepting the offer and then suing the driver. The burden of proof in a civil case is lower than that necessary in a criminal trial, AND you would have greater control over the direction of the case.

You are a cop so I expect you to see it that way. "It's the opinion of the prosecutor that matters? " well the prosecutor would have all the facts if the police officers put them all in the report. At court the prosecutor is clueless and was told by the judge to do a proper investigation before the next court date. That's why I said real advice and not someone who thinks, "its what the prosecutor think that only matters".

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Quoting mikedav1

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You are a cop so I expect you to see it that way.

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Right now, what other way is there to see it? You have been charged, correct? So, you have choices to make. Your best wishes won't mean diddly. You can either choose to go go trial and hope to prevail, or, you can accept the offer and drop the matter.

How do you think you can otherwise influence things?

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"It's the opinion of the prosecutor that matters? " well the prosecutor would have all the facts if the police officers put them all in the report. At court the prosecutor is clueless and was told by the judge to do a proper investigation before the next court date.

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The prosecutor has the sole discretion as to whether or not to pursue charges. I'm not sure what kind of hearing this was where a judge could suggest that a prosecutor investigate more deeply, but it likely was not an arraignment.

I do not know what you are charged with, and I do not know the evidence the state has. What I do see is screw ups by both parties in this. The driver should have let you out, but he was almost certainly under no obligation to release your vehicle unless he was paid.

So, regardless of how offended you feel, the situation is what it is. You have been charged. You can make it go away, or, you can risk going to trial and being convicted. If you feel that confident of your innocence, then by all means go to trial. But, once more, even if YOU prevail at trial, that does not mean - AT ALL - that the other party will be convicted of anything. This is not an "either, or" proposition.