To: antrc170 & viol8te,
I am quite certain that neither of you have the competence to assist anyone who seeking assistance in a matter of criminal assault.
1. It is understood the police are not required to obtain witness statements. However, witness observation may be relevant to fully assess the situation. Events prior to the arrival of the police are relevant. failure to seek witness statements for the record looks like
2. I was in a state of unconsciousness. The applicable Arizona Statute does not address the means by which one becomes unconscious. (see below) Your moral opinion is probably best served in a different forum. And by the way, I was not charged with public intoxication.
3. I am not claiming intoxication as an excuse for my behavior. However, I am claiming the police may have provoked my arrest by applying pressure point techniques and forcing restraint. But not for their behavior the incident would not have happened.
4. The police were aware that I was unconscious for a lengthy period and unresponsive to stimulation. I am sure they are trained to assess the need for medical assistance. I do not have access to official police procedures however, my situation likely requires medical assessment.
5. The applicable Arizona Statute reads as follows:
13-1203. Assault; classification
A. A person commits by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
Aggravated assault applies only if the person has knowledge the other person is a police officer which, I clearly did not. (A.R.S. 13-1204(8)(a)
I welcome everyone's opinion but am only interested in responses from those who actually have knowledge or experience similar to mine. I will seek moral advise from other sources.
Thanks

