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  1. #1
    Join Date
    Apr 2016
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    3

    Default How to Push a Prosecutor to Pursue a Domestic Violence Charge

    My question involves criminal law for the state of: California.

    I had a previous post on here about 1 year ago. If hindsight were 20/20. In December of 2016 the person whom I went to bat for with the Santa Clara county DA office and actually enabled the abuser to be given leniency decided to take my truck and take off. I went out driving and was lucky enough to spot him, or unlucky, I followed at a safe distance, wondering what he was up to. He got on the freeway heading south, 35 minutes into the drive I was wondering what the hell. At the exit in Morgan Hill he discovered my presence behind him as he turned into a grocery store parking lot, he began driving like a maniac and trying to evade me.

    I followed him not nearly as erratically, he stopped at the light as he exited the parking lot and was next to him, in my truck with him was a woman whom i recognized as someone he said he wasn't even talking to. He took off on the green light and i was next to him and was telling him to pull the truck over, he evidently wanted to get back on the freeway and he ran into my car with my truck, now at the time there was a peaceful contact order in place, PEACEFUL CONTACT, I immediately called the police, but I inadvertently called san jose police department, not 911, I was in Morgan Hill, I was told to not follow him, but he was in my truck and dammit if I wasn't going to follow him. He would likely disappear with my truck. In any event he exited the next exit and dropped off the girl who was calling me crazy? OK?

    So he took off again and my car was driving kinda crappy at the moment, Its a fairly newer car but now its wrecked on the left side, but drivable. He takes off on the freeway again, I am still on the phone with San Jose pd, who says call us when you get back into san jose city limits. I followed him as far as i could until he drove up over an embankment that i wasn't going to be able to clear, him in my truck had no problem. I get home and my truck is parked in front of my home, no keys however. I decided to have it towed to an undisclosed location to prevent the theft of it. I called San Jose PD back and discover that I should have called Morgan Hill PD, so i immediately did. I contacted an officer who took the report and the name of the other person and i sent pics of the damage to both vehicles.

    My ex decided to tell him that I forced him off the road. I was floored and they believed him, they called him once, and after I discovered this was what was said, I immediately contacted the officer back and explained to him the history and if he was in fear and was the one hit then why did he flee the scene, i called the police not the other way around.

    I have since contacted the Morgan Hill DA again to ask her why she didn't pursue charges. It was a hit and run, from a domestic point it was assault, violation of peaceful contact order. Following this event, my roommate at the time whom i had to evict a month later, decided to leave my front door unlocked for the person to gain entry where he broke into my locked bedroom, there are marks on the frame where he used something to pry open the door, Also he inadvertently left a voicemail on my phone where he and her were having a conversation where he asked her if she left the door unlocked for him, the conversation went on with him asking her where I was at the time, she replied at work he asked her how late I worked the night before and then said well lets just drive by her work and make sure she is there. I was going through my shed in back yard and clean out my closet where I have discovered a set of pearl drums missing and elvis memorabilia that is worth thousands of dollars. I filed a police report and notified his probation officer, I have proof, he also came to my window and stated in front of my daughter that he had been in my room.

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