My question involves criminal law for the state of: California
Hello all, and thank you for reading.
After a night of drinking with a few family members, my fiancée and I were dropped off at a local convenience store's parking lot (where our car was) to gather some things before we called a cab. However, my fiancée had a panic attack (stress from work, our upcoming wedding, the drinking and her hormones cause quite a cocktail), and she became emotionally unstable. I’ve never seen her like this after 10 years of living with her. We attempted to calm her down, but she was acting erratically. She didn't know who I was, and we were all afraid that she was going to run into the street next to the store. I then held her, attempting to calm her down as she screamed irrationally (the best way she describes it, she snapped). Let’s just say a scene was made, and we were sure the police were on the way.
Well, while I was holding her and caressing her back (and making sure she didn't hurt herself), an onlooker who we didn't know and was just standing to the side (possibly a store employee) suddenly tackles both of us, dropping us both to the floor and making me knock my head hard on the pavement. Immediately after this happened, the police shows up and arrests me as I ended up on top of my fiancée. I was placed under arrest and taken to the hospital (which I vaguely remember) and she was taken to the local police station for questioning. Afterwards, I was taken to the drunk tank and released on the following day. I have a black eye and headaches (possible concussion), and pending misdemeanor domestic violence charges… although there were never any restrictions or restraining orders placed. Even the officer who arrested me said that the only reason they had to take me in is because they found me on top of her on the floor.
My question is: can I file charges against the onlooker who decided to become involved in a situation that he had no business in? My fiancée also had several bruises on her from the fall, but I took the brunt. The police and the DA refuse to provide me a copy of the police report, unless I obtain a lawyer and have him request it. I’m not too concerned about any pending charges, as I have several witnesses that can easily attest I was attempting to diffuse the situation, and my fiancée is glad to testify that she had a panic attack and was not taking her anti-anxiety medication at the time. The police also interviewed another witness who was recording the incident on their camera phone, but we don’t have access to any of the details.
How would I go about filing charges against the party who attacked us? Also, IF he was a store employee, would the store be liable for what happened to us? I sometimes want to simply drop this, pay the huge medical bills, and get on with my life… but the thought that this person could have possibly killed me or my fiancée with his abrasive actions make me very upset.
Any advice anyone is able to provide will be greatly appreciated. Once again, thank you for reading.

