Had My Life Threatend and I Was the One Who Was Arrested

[b0rd]

Hi this is my first post here & i need some advice, im from California.

On Christmas Day I was at my Fiances step fathers house, Arrived around 10:00am when I get there her step father & his friend who im going to call X are already drinking Beer & having shots.... (Fast forward to about 4pm) her stepfather & X call me & my fiance downstairs, they want us to have a shot with them. Usually im not much of a drinker but I decided to join in. 45 minutes later me & my fiance are in the front room of the house & having a argument, not screaming or being physical (I would NEVER EVER hit a woman) but we start raising our voices & get a little bit heated, nothing we couldn't work out though. This is when X hears us arguing & comes into the front room & he starts telling me I need to back away from my fiance or he will have to put me down..... I say to him "this does not involve you & my fiance has not asked for your help, so back off & mind your own business" at this moment he grabs my left wrist & put's it behind my back & then puts me in a choke hold, he tackles me to the ground, he starts saying to me "ILL ****ING BREAK YOUR FINGERS!" as he is pulling my fingers on my left hand & keeps twisting them. I'm on the verge of blacking out at this point & he whispers in my ear "if I have to I WILL kill you!". My fiance is 5'2 & cannot get him off of me. IN panic she runs to her car & locks her self inside of it. At the same time he now lifts me back up & gets to his feet while still choking me, at this moment drool is coming out of my mouth & I feel im going to slip away soon, until he went to open the door he had to loosen one arm to open it & when he did that I somehow slipped out of his hold & got my breath, I ran to my call & said "im calling the police!". I get inside my truck & lock my doors, and now X is outside my window pointing at me, until I get on my phone & he goes back in the home.

I decided to call my Fiance before calling the police & she said she is sorry for what happened & she was coming to my car to talk to me. Then I decided not to call the police, just because I did not want to have to deal with Police on Xmas, my Fiance talked me out of it too. Well after I got off the phone with her, X comes out of the house and says "I called the police, they are on there way to arrest you! Your going to JAIL BUDDY!". Well at this point my girlfriend comes out & starts walking up to my car, I exit my car to go & talk to her when X starts walking up to intervene AGAIN on her front yard. So she gets in between X & I to stop it & he goes back on the front porch. This is when the Police Arrived & I waved them down & immediately start trying to tell the officer what happened & how I want to press charges against X. At this moment he shines his light in my eyes & says "SHUT UP I smell alcohol on your breath!" I try to go on say yes I had one shot of liquor, but officer I need your help please! He goes on says " SHUT UP!!!! We got a call about you! Your under arrest!" Then he starts to put handcuffs & me when I try & turn to say my side of the story. He then tackles me to the ground & puts his knee on the back of my neck while yelling "STOP RESISTING ARREST STOP RESISTING ARREST" I was not resisting at all but then I started saying. "IM NOT RESISTING OFFICER PLEASE GET OFF MY NECK I CANT BREATH OFFICER PLEASE!" he already has the handcuffs on me & pulls me up to my feet & starts leading me to his police car when he says "STOP RESISTING ARREST" He then throws me over his leg to trip me flat onto the cement (I am in handcuffs & would not resist arrest...... where am I going to go?!? seriously?) He then puts his knee to the back of my neck again while pressing my face against the cement while shouting at me "STOP RESISTING" about 5 minutes of enduring this he puts me in the back of his cruiser.... He then goes & talks to X then comes back to the car & tells me "Your being arrested for Drunk in Public, Resisting Arrest, and Assault. Im just in disbelief I start trying to ask him "What about my Rights & my side of the story, im the victim!" He then tells me to "shut up, your drunk, you don't have ANY rights" as he starts driving me off to our police station ............


When they were checking me into the county jail they REFUSED to take me in until I was taken to a hospital for my injury's which consisted of a fractured wrist, broken finger, & a cracked rib.....

This just can't happening, where is my justice?! I have NEVER been arrested, I was NOT drunk, I was NEVER read my Miranda rights, and he refused to give me a breathalyzer test. Also can I be charged with Drunk in PUBLIC if I was on the property of my fiances house?!

I have my court date on Jan 17, what should i expect? Do I have a case?! I am 22 & cannot afford a lawyer or the medical bills which the hospital is sending me...

Please someone help me out.

[cdwjava]

You were in public, had been drinking, and had arguably gotten into a fight and were fronting off the police. This meets the minimal probable cause for both public intoxication and resisting.obstructing a peace officer. Whether the officer's use of force will be seen as reasonable or not will depend upon the court at your trial, and the end result of any personnel complaint you might choose to make against the officer.

Apparently X wanted you arrested for battery. In CA law enforcement is required to accept a citizen's arrest for this so if he said he wanted you arrested, the officer was carrying out a legal obligation. You can always call the police department and ask that they request a complaint for battery against X as well, but they are under no legal obligation to do so.

You are free to consult an attorney to try and sue X or the police if you can determine who inflicted what damage on you and can convince a court that the actions of X or the officer were excessive and unnecessary.

I find it hard to believe that you were doing shots for 45 minutes and had only downed one. Will the fiance, her dad, and even X affirm that you had only a single shot?

In the end the matter will likely resolved through a plea that will result in no time ... if the DA pursues the matter at all.

As far as an attorney goes, legal counsel should be appointed for you at the arraignment if you lack the resources for your own attorney.

This is not clear cut on any level. You will likely have conflicting stories about what happened inside and who started doing what, and you will obviously have the officer claiming you were actively resisting him (which you admit you did when you turned to try and tell him your side of the story as he was trying to arrest you ... you don't get to to do that). And if you ant to sue someone for damages, you may want to consult attorneys soon as there will be a time limit in which you can make any claims. Note, also, that unless the matter is quite clear, most attorneys will likely ask for payment up front before they proceed so that may limit any ability you might have to seek compensation for any injuries.

[b0rd]

Thank you for your help & reply.

I really did only have a single shot, and I only did after my Fiance convinced me to, my brother in law abused alcohol & ended up killing himself because of it, so im not a huge fan of alcohol & its effects.

After I got out of jail my Fiance told me that she tried to tell the Police that I didn't do anything & I only had a single shot, but they didn't want to hear her side of the story & her step-father isn't helping at all, he is actually mad at me for wanting to press charges against X.

You really think I could actually press charges against the officer too? I would think the court would always take the cops word over the victim...But I do feel he used unseeded excessive force & violated cruel & unusual punishment laws, unless I am wrong.

Since they would not allow me into the County Jail without visiting a hospital the arresting officer had to take me back to the hospital, so he puts me in the back of his squad car & at this point im shivering since the squad cars windows are cracked in the back (I was arrested only wearing a Tshirt & my pants, no jacket) and its about 40degrees out. When we got on the freeway I asked him "Officer would you please roll up my window". Instead he ignores me, turns up his radio & then completely rolls down my window to insure the freezing wind fully blows on my face, instead of going straight to the hospital, he took me back to the police station & parked his car & now finally rolls up my window, as he starts to get out I ask him "officer wasn't I being taken to the hospital?" once again he just ignores my question & walks away to go in the police station. After an hour & half (I was looking at the clock on the officers dashboard) of sitting in the confined back of the police car while in pain the cop finally comes back out of the station, looks like he is finishing eating something when he came out.

Then finally I was taken to the hospital. On the way back to the county jail he did the same thing with rolling the window down on me.....

[cdwjava]

You really think I could actually press charges against the officer too?

You would not be pursuing "charges" against the officer. Your options at this point are to make a personnel complaint to his employing agency, and/or consult an attorney about possible excessive force issues. The excessive force issue would be a civil matter, not a criminal one.

From what you describe, the officer sounds clearly out of line at least with regards to your treatment during transport and being compelled to wait in the car at his office for an extended period of time. If one of our officers had done what this officer did, he could be at risk of losing his job. The potential liability was huge. And your times can be at least superficially verified by the agency relatively easy by comparing the times he was on scene, enroute with a prisoner, and the time he arrived at the jail. And any potential claim against the agency and the officer for injuries will almost certainly require that you first have a personnel complaint on record.