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  1. #1
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    Oct 2012
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    Default Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    My question involves criminal law for the state of: Nevada

    Incident: Me and some friends were coming back to my house from playing billiards at the pool hall. As we got near my house we noticed a man (a neighbor) standing in the middle of the street we go around him and make a U turn to park in front of my house. The man begins to shout obscenities at my friend such as "learn how to f-ing drive a-hole"(its at this point that I go inside and go to the bathroom, I did not want any trouble between me and someone who lives so close). After I came out of the restroom my mom hears shouting and asks me if anyone is fighting outside and I look out the window to see one of my friends and this guy fighting. Once I got outside the fight was over and my friends were getting ready to leave. That is all I personally saw. But my friends later commented on what happened.

    According to my friend, after I went inside he started to push and shove my friends around trying to provoke them. He then knocked my friends keys out of his hand with a metal cane and then swung his cane at my friend, my friend dodges it, and gets the only thing he had on hand, a tire iron, to counter his metal cane. My Friend hit him once, the guy retreated and my friends left,but not before the guy shouted more obscenities beforehand.

    Aftermath: In the end no one really got hurt (no blood, broken bones, or fat lips, the guy got a bruise but that's it). The guy apparently called the cops that night but they did nothing. We think he was drunk since he slurred his words a lot. If he was drunk the cops probably noticed he was drunk, not really hurt and dismissed it as a drunken fight which would explain why they did not go to my house that night. The guy called them again the day after around 4 PM (the incident occurred at around 11 PM the previous night) and he pointed them in my direction thinking that my friend lived at my house. Two cops came into my house (uninvited, no warrant, no probable cause, no emergency) and one of them, before he knew who I was or my involvement (which was none), "interviewed" or interrogated me with an aggressive tone as if he thought that I was the one who fought the guy. In the middle of the interview he read me my Miranda rights and after the "interview" he asked for my ID and SSN as well as told me to call my friend and tell him to tell his side of the story to someone at a place called Area Command or they were probably going to put a warrant out on him. My friend called a lawyer and the lawyer told him to do nothing until detective go to him so he ended up not going. Its been 6 days since the incident and nothing has happened.They haven't called me or him for more information and they have not arrested or taken him in for questioning.

    My questions are:
    - Considering that this guy threw the first punch, blocked my friends from leaving, and possessed as well as used a weapon without any provocation, was my friend getting the tire iron to protect himself considered self defense?

    - Is it a good idea for the other friends to file a police report against the guy or would that be pointless?

    - Why haven't they gone to question him after nearly a week? I am not complaining, I'd prefer that the matter be settled out of court, but I find it strange that this LEO threatened to put out a felony warrant on him if he didn't talk and the police have not done anything against him after nearly a week.

    Side Notes:

    I don't know if detectives take this into account but , aside from a couple of minor traffic tickets, my friends records, both police and school records, are absolutely spotless. They have never been to jail for anything whatsoever, have never been involved in fights, 2 of them, including the friend who fought, are on the deans list at college,have jobs and are all around amicable and friendly guys . This guy on the other hand probably has record. He constantly yells obscenities at drivers passing by, smokes marijuana with his friend and is all around boisterous. One time he came banging on my door as a joke saying he was the police just to tell us we left our headlights on.

    I also reported the police officer who interviewed/interrogated me for entering private property without consent or any of the other reasons police officers can go into a house without the approval of the owner or someone they thought was the owner. Upon further investigation I discovered that there is another case against him already in the courts filed in august of this year for violation of civil rights so I feel that I was right to report him.

    Thank you in advance for any answers and sorry that my thread is so long. I thought it was important to be as detailed as possible.

  2. #2
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    So this is a guy with a cane, who may be old and can be reasonably inferred to have limited mobility, and your friends felt so intimated by him that one left the scene, got a tire iron, returned to the scene to hit him with a tire iron? And he wants to claim self-defense? You need smarter friends.

  3. #3
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    Oct 2012
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    Quote Quoting Mr. Knowitall
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    So this is a guy with a cane, who may be old and can be reasonably inferred to have limited mobility, and your friends felt so intimated by him that one left the scene, got a tire iron, returned to the scene to hit him with a tire iron? And he wants to claim self-defense? You need smarter friends.
    He is mid 40's - early 50's, no one left the scene and I have no idea where you got that from, he had it in his trunk. All that this guy has is back pains he can walk without the cane,I have seen him do it this is not some weak and senile old man. No one wanted to fight him but he would not let them leave. How is it that he didn't let them? He was blocking their cars and I doubt running over his foot is the proper response to that. He started the fight, he swung his cane without being provoked and he is the one who began to push and shove my friends. Only 1 friend, the one he provoked the most, fought him no one else touched him.

  4. #4
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    I see... Your friends are the Fantastic Four, and Mr. Fantastic stretched his arm to be about fifty feet long so that he could get a tire iron out of his car without leaving the scene. You not only need smarter friends, you need a smarter you.

  5. #5
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    Sep 2009
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    50'? The incident happened near the vehicle. The driver walked a few yards to the trunk of his car.

  6. #6
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    Quote Quoting huntsab
    View Post
    50'? The incident happened near the vehicle. The driver walked a few yards to the trunk of his car.

    wake up call!!!



    the point is;

    your friend left the actual fight, obtained a weapon, and then returned to the actual location of the fight and hit the guy.


    If your friend had extricated himself from the wild violent attack by the old man with the lightweight aluminum cane, he then was no longer under threat of injury and had a duty to retreat. Instead, he grabbed the weapon and walked back over to the old man and hit him. That makes your friend the aggressor.

    You're friend is an idiot.

    as to the old guy blocking the car;

    both ends? Unless friends car doesn't have a forward and reverse, not seeing how old man prevented him from leaving.

  7. #7
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    Default Re: Guy Started a Fight with Friends, He Threw the First Punch and Called the Cops

    Clearly the old guy wasn't blocking the trunk.

    Look, I'm sure you can find a board where people are happy to blow smoke up your skirt. You don't want to hear a meaningful analysis of the facts you share? Sorry, so to speak, but that's what we do here.

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