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  1. #1
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    Nov 2014
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    Springfield, Missouri, United States
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    Default Assault by an Adult Against a Minor

    My question involves criminal law for the state of: Missouri
    My brother (16) was attacked by his friends father (35) this man broke my brothers nose, and he has multiple fractors.
    He was assaulted in front of a group of kids and adults where no helped him and left him in a basement puking blood.
    I have a voice recording of one of the kids telling me exactly what happened and messages. My brothers 'friend' is trying to say he did it,but we also have messages he sent asking a girl to lie. We filed a report, but so far nothing.
    What rights does my brother have? Can the kids who provide false information get in trouble? Do we have a legal case against this man? Can the adults who witnessed this get in trouble?

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Assault by an Adult Against a Minor

    Your brother certainly may sue his attacker for compensation for the injuries he suffered. He and his parents/guardian ought to consult a personal injury lawyer about that. A police report has already been filed and presumably you folks provided all the relevant information you had. It's now up to the police and prosecutor to decide whether any criminal case will be pursued against his attacker. Neither your brother nor his parents/guardian can force the police and prosecutor to do anything here.

  3. #3
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    Nov 2014
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    Springfield, Missouri, United States
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    Default Re: Assault by an Adult Against a Minor

    I am curious tho, could any of the adults in the house who witnessed this get in trouble, and can the kids who provide false information get in trouble? What charges would this incidnet be filed as? Felony assault?

  4. #4
    Join Date
    Nov 2007
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    1,419

    Default Re: Assault by an Adult Against a Minor

    Felony assault,endangering the welfare of a minor,(all this is in the DA hands,if they file charges). They could be charged with filing a false report,they might not bother. The bigger issue is getting the adult charged.

  5. #5
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    Sep 2011
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    OH10
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    Default Re: Assault by an Adult Against a Minor

    On the other hand, perhaps your brothers mouth wrote a check his body could not cash.

  6. #6
    Join Date
    Mar 2013
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    1,279

    Default Food For Thought

    The police and prosecutor were not there when this incident occurred, so the decision to prosecute will be based on whatever information and evidence the police can collect. At this point that appears to be limited to the statements of the parties involved. Let’s look at those statements.

    You say you brother was assaulted while a group of others stood by and did nothing to defend him. This suggests the group were either hostile to your brother’s interests or afraid of the person who assaulted him. Under the circumstances, do you think it’s likely they will say anything that supports your brother’s version that he was unlawfully assaulted?

    How about the man who assaulted him? Do you think he will confess, deny the assault, or claim he acted in self-defense because your brother was the aggressor and attacked him first?

    Apparently you have taped messages containing conflicting statements as to who is responsible for what, which only muddies the waters further as to who committed an assault and who was defending themselves.

    Based solely on what you have posted, I suspect prosecution of anyone would be unlikely simply because there is so much conflicting information that it would be difficult to present a credible case to a jury.

  7. #7
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    Default Re: Assault by an Adult Against a Minor

    Quote Quoting Disagreeable
    View Post
    On the other hand, perhaps your brothers mouth wrote a check his body could not cash.
    Unless he in physical danger a 35 year old should be able to have self control if it's an under age minor half his age. If the kid was taking smack,punching him is one thing but that amount of damage he received is overkill.

  8. #8
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    Nov 2014
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    Springfield, Missouri, United States
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    Default Re: Assault by an Adult Against a Minor

    ABSOLUTELY not. My brother and his friend were joking around like they always do, like all kids do, and this man attacked my brother. We have several witnesses, no one understood what happened. My brother is a very respectful young man.

    - - - Updated - - -

    From what i understand they were all scared of this man, he has even left the state. He also took off after he did this, and hid at a hotel. We have 3 confessions in messages all saying the dad did this. My Brother said nothing at all to this man. He also had him bent over a railing trying to choke him out, i have been told 2 girls gave statements saying this man did exactly that.

    - - - Updated - - -

    And the message I have is message sent from my brothers friend, telling the girl "**** it, its all over our word against his, i am going to say i did it, if they ask questions you tell them you didn't see shit, and my dad was asleep" how guilty is that?

  9. #9
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    Mar 2013
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    Default Re: Assault by an Adult Against a Minor

    Quote Quoting Lindsay Nicole Cutburth
    View Post
    ABSOLUTELY not. My brother and his friend were joking around like they always do, like all kids do, and this man attacked my brother. We have several witnesses, no one understood what happened. My brother is a very respectful young man.

    - - - Updated - - -

    From what i understand they were all scared of this man, he has even left the state. He also took off after he did this, and hid at a hotel. We have 3 confessions in messages all saying the dad did this. My Brother said nothing at all to this man. He also had him bent over a railing trying to choke him out, i have been told 2 girls gave statements saying this man did exactly that.

    - - - Updated - - -

    And the message I have is message sent from my brothers friend, telling the girl "**** it, its all over our word against his, i am going to say i did it, if they ask questions you tell them you didn't see shit, and my dad was asleep" how guilty is that?
    Just a couple clarifying questions -

    How long ago did this happen?

    Did your brother call the police after the attack and report it?

    Did the witnesses tell the police what they saw?

    Did "the girl" notify the police that someone was attempting to dissuade her from telling the police what happened?

  10. #10
    Join Date
    Nov 2014
    Location
    Springfield, Missouri, United States
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    Default Re: Assault by an Adult Against a Minor

    This happened halloween weekend, i showed the police all of the screen shots of messages the girl witness sent me from the 'friend' asking her to lie. my brother was knocked out, in daze or whatever and he passed out in the basement, he came home the next morning, and was taken to the e.r police were notified then.
    I have been calling the crimes against persons and leaving messages and no one will call me back.

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