Assault by an Ex-Boyfriend
My question involves criminal law for the state of: Michigan
My little sister was attacked last night by her new boyfriend. He was drunk and accused her of flirting with another guy. He beat up the guy, and then attacked my sister. He is a trained MMA fighter and she is very small. He beat her face pretty badly - one side is a mess. He also took her phone from her so she couldn't call for help, and kept her inside her vehicle for 6 hours. He took her ATM card from her purse and would hit her every time she refused to give him her pin number. She finally gave in and told him the pin, and at that point, he left, went to an ATM and withdrew $500. She drove off at that point and went to our parents for help. Our dad took her to the police department to press charges, and the cop on duty told her it likely wasn't enough for charges to be filed.
I don't understand. He assaulted her repeatedly, even choked her to the point of passing out once. He basically extorted her pin number out of her by hitting her every time she refused to give it. He held her against her will for hours and withheld access to her phone - isn't that kidnapping? And then to top it off, he used her card to steal money from her bank account.
Why wouldn't this be enough for the county prosecutor to go after him? What can we do?
Re: Charges Won't Be Filed Why Not
The prosecutor may think there's not enough evidence to obtain a conviction. It may appear to be an issue of her word against his.
Was she taken to the hospital for her injuries?
Re: Charges Won't Be Filed Why Not
What you have described is that she has made a report to the police. The opinion of the officer on duty makes no difference. He was just offering his judgment based on what he heard described. However, since this only happened last night it is unlikely that there has even been an investigation. Have they even spoken to the boyfriend yet? Nothing has even been presented to the county prosecutor yet. The prosecutor would know nothing about this case at this point. However, your daughter has every right to speak with the prosecutor about this and be given an explanation of what will or will not be done, but nothing happens in the criminal justice system instantaneously.
Has she reported the theft to her bank?
Re: Charges Won't Be Filed Why Not
She also needs to change her PIN immediately. And if boyfriend had a key to her place, get the lock changed immediately.
I would take her to the hospital for evaluation. Also take photographs of any and all scratches and bruises.
Re: Charges Won't Be Filed Why Not
It all depends on what was told to the police. Did she explain what happened to the police, or did dad speak in her stead? If she is not speaking to the police, that would cause some problems in any prosecution.
As suggested, she needs to get her injuries looked at, treated, and documented immediately. The longer she waits for a professional to evaluate her injuries, the less likely they can be used against him. If there was a significant delay between the time the assault occurred and when she showed up at dad's house, that might explain the difficulty the officer was trying to explain. Time delays give a defendant the opportunity to argue, "When she left me, she was fine ... maybe she beat herself up to frame me!"
The police will want to talk to the guy that she was allegedly flirting with, and they will want to speak with him. They will also need that medical information. They will also want to review the ATM video where she or he withdrew the funds. She should contact her bank to change her PIN and to report the robbery to them so that she might be compensated if they offer that as an option for their customers. She should also immediately obtain any records of the transaction(s) made to prove that the money was withdrawn where she claimed because any video might be days or weeks in coming even if the police seek a search warrant or a subpoena on Monday.
Given your explanation, I cannot see why the officer would say that a prosecution would be unlikely. This leads me to believe that SOMETHING about the tale, the injuries, or the events puts the facts into question.
Re: Assault by an Ex-Boyfriend
Quote:
Quoting
toxicsky
My little sister was attacked last night by her new boyfriend....
Why wouldn't this be enough for the county prosecutor to go after him? What can we do?
Last night meaning Friday night. Whatever the officer was thinking, no prosecutor has yet reviewed the case.