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  1. #1
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    Default The Police Declined to Prosecute a Battery

    My question involves police conduct in the State of: Oregon. I was at a country music festival recently. My husband's national guard unit provides security every year for the event. It is all very orderly, it is very large, lots of room. I was standing in an aisle, and one elderly woman (65) 3 seats down became agitated that I was standing on the end. The seats are first come first serve basis, so it is not like she paid more to be sitting where she was. She went to stand up and leave to let someone know I was "Bothering her" Because I was singing and taking pictures, both which were allowed. There was plenty of room for her to walk by, but she shoved me. I fell to the ground and cut my hand. I found my husband and let him know and he had some of his soldiers remove her. The police were called out, but the police would not let me file charges. Even though someone "accidently" recorded the incident, the police would not look because no recording was allowed at the concert. It was not a crazy wild event. It is a nice evening listening to country music. Her husband vouched for her and said she did not push me, but beside a random recording, I had no witnesses, (but I had 9 soldiers there vouching my creditability to officers). Everyone was too busy looking at Luke Bryan on stage. The police dismissed me and said they "had real crime to deal with" Was I in the right? Should I have been allowed to press charges?

  2. #2
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    Default Re: I Wanted to Press Charges, but Police Would Not Let Me

    Yes, under OR law you are allowed to make an arrest per ORS 133.225. Though I see no provision mandating that the officers accept the arrest. (It might exist, I just did not see it) I suspect that they really did not want to arrest a 65 year old woman ... that always tends to look bad, no matter the reason.

    You are free to complain to the agency employing the officers about their lack of concern for your situation. You can also ask for them to forward a report of your complaint to the DA and see if the DA will pursue the matter. I doubt he will, but you can always ask.

  3. #3
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    Default Re: I Wanted to Press Charges, but Police Would Not Let Me

    Quote Quoting cdwjava
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    Yes, under OR law you are allowed to make an arrest per ORS 133.225. Though I see no provision mandating that the officers accept the arrest.
    I suspect it was not presented as the OP wishing to effect the arrest but rather wanted the police to initiate the charges on their own.


    I had no witnesses, (but I had 9 soldiers there vouching my creditability to officers).
    those 9 guys vouching for you are meaningless. Did you miss the part where the cops said they had more serious things to worry about? Apparently they saw this as not serious enough for them to lose a man or two making the report and such.


    while Carl suggested asking them to forward this issue to the DA, I would suggest that if you wish to continue this, ask if you can still effect an citizens arrest. If that is possible, then go for it. Just realize the implications to you behind arresting the woman.



    There was plenty of room for her to walk by, but she shoved me. I fell to the ground and cut my hand. I found my husband and let him know and he had some of his soldiers remove her.
    I suspect the police saw it as her being booted out was enough punishment although given who you were watching, I think she got the better part of the deal.

  4. #4
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    Default Re: I Wanted to Press Charges, but Police Would Not Let Me

    Quote Quoting jk
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    I suspect it was not presented as the OP wishing to effect the arrest but rather wanted the police to initiate the charges on their own.
    Perhaps not. But, it wouldn't be the first time that the police tried to wiggle out of an arrest they didn't want to make. They probably argued that they would look into it and file a report. Ultimately, the responsibility would fall on the OP to have attended court and made statements because the police did not witness anything.

    while Carl suggested asking them to forward this issue to the DA, I would suggest that if you wish to continue this, ask if you can still effect an citizens arrest. If that is possible, then go for it. Just realize the implications to you behind arresting the woman.
    It's too late for a citizen's arrest. All she can do is ask that they forward it to the DA. Given the budgets and staffing at most prosecutors' offices these days, I suspect this will be a low priority and not likely to be filed unless the suspect in this has a prior criminal record or has ticked off the prosecutor before. In most cases, prosecuting an old lady for battery in what can be argued to have been an accident is not high on a DA's bucket list.

    And how many of those 9 witnesses are really going to make themselves available to testify at trial should it come to that?

    I suspect the police saw it as her being booted out was enough punishment
    I suspect it was.

    although given who you were watching, I think she got the better part of the deal.
    Ouch! He's a pretty likable guy, and his music is good from what little I know about him. Though, the last concert I was at featured Michael W. Smith along with Charlie Daniels.

  5. #5
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    Default Re: I Wanted to Press Charges, but Police Would Not Let Me

    Just a bit of humor on that last part. I'm more of a rock and roll or classical kind of guy but one of the most enjoyable concerts I have ever gone to was Merle haggard. I didn't even know who he really was the day of the concert (just happened to be at my Godfather's house when the neighbor came over to offer 4 free 6th row seats). GF asked if I and wife wanted to go and I asked, who is Merle haggard?

    He he tried to explain. I went anyway. Had a great time.

  6. #6
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    Default Re: I Wanted to Press Charges, but Police Would Not Let Me

    Quote Quoting jk
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    Just a bit of humor on that last part. I'm more of a rock and roll or classical kind of guy but one of the most enjoyable concerts I have ever gone to was Merle haggard. I didn't even know who he really was the day of the concert (just happened to be at my Godfather's house when the neighbor came over to offer 4 free 6th row seats). GF asked if I and wife wanted to go and I asked, who is Merle haggard?

    He he tried to explain. I went anyway. Had a great time.
    My favorite concert of all time was in late 1984 or early 1985 - Chicago, at a venue somewhere in Riverside County. Awesome!!! Back stage passes, got to talk with the guys, awesome! Best concert I ever went to, and those guys looked like they were truly having a good time! (I have been to a few of theirs since then, and still loved them - always fun, but that was the best!)

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