Assault on a Peace Officer

[luckyjessie]

Approx a week ago on Sat at 7pm we had a very violent hail storm which caused over 100000 in damage to out new home. My girl friend and I were watching movies in the theater room and when I saw the storm coming I ran out side to move the car in. That never happened I was severely injured with cuts and bruises all over my body. I am new ( 3 months) to Texas so did not know how dangerous hail storms are. I managed to crawl into our garage and was screaming for help and in pain. Out of a house of two 17 and a 18yr old teen and a husband and a girlfriend no on we came ( twins were in bed). I was frantic. They did not know how hurt I was. I had 3 drinks with my girlfriend and my husband had had a drink. (they were playing video games with headphone on)
When I did get back in the house. My Husband threatened to call the police if I did not stop yelling at him and to lie to them and say I was hitting him if I did not stop. By the way we have never been involved with the police or any violent crimes prior to this. I said go ahead. I was very mad. I sat on the coffee table and waited until the police came. My husband met them at the door. They came over to me talked to me I explained that it was a threat and I never hit him. He latter signed an affidavit stating this and let them take pictures. In the mean time The three police officers grabbed me and I backed up and they then cuffed me. I said what are you arresting me for what did I do. They said resisting arrest. I said how can I resist arrest if you didn't tell me you were going to arrest me. If they did this I would have turn around and let them. They then took me to the police suv and put me in the back seat with my hands restrained and a seat belt on. They left me there. I was so angry at my husband he had no idea what he was playing with, his wife's life of 21 yrs with 7 kids. I home schooled them all and they are very respectful citizens. The police left me. They were talking with my husband at the front door and amongst themselves for 15 mins. My husband told them that my wife needed help, medical help and he thought they would have called an ambulance. They came back. Two of then were closest to me with the door open on my right and I was talking to them. Without any notice they took this red rubber head restraint and tried to cram it on. I panicked I felt like I was going to suffocate to death. I begged, " please please please do not put that on me. I am fine I can sit up." At the same time all of a sudden on my left a police officer stated, while I was restrained (hands tide seat belt on), you just assaulted me. I immediately froze. My instinct's said shut up they are trying to find something to charge you with. I would never ever hit a police officer. I looked at the other 2 police on my right and they would not make eye contact with me or the police officer that said I assaulted him, he was looking at them for assurance they said nothing ( not sure how I assaulted him as I was sitting up with my hands tied behind my back, I did slide down my seat to try and stop them from putting the head restraint on.) I then begged again and started panicking I told them I suffer from panic attacks and I would have one if they put that on. The 2 police agreed not to put it on. My husband said that the police that was allegedly assaulted went to him and said I assaulted him , my husband was in shock there was not a mark on him that he could see. ( I am 5' 2" 125 lbs. they has full metal vests on approx. 200 to 250 each) I did say to the officer after he accused me " I would never hurt you intentionally , I love cops, I support the police especially with all the riots that have been going on against them. I have friends that are police officers. I am a Trump supporter" I then said if I did, which I never felt myself touch him, that I was sincerely sorry and it would have been an inadvertent accident because I panicked from the head restraint.
The 2 police took me to the detention center and I was booked for resisting arrest and assaulting a police officer. It was my first time in jail. I had to wait 36 hrs because the storm has knocked out the network and because the assault was a 2nd degree felony I could not see a judge to get my bail set. My hand swelled up approx. 4 inches and the bruises came out from the hail when I was in prison. When I did get out my husband took me to get xrays and get examined and some medication to help with the pain and the anxiety attacks. These police were not professional. It did not have to be like this. If they could remain professional and tell people what is going to happen to them the out come could have been better. I will admit I was cussing my husband out and did say some very nasty thinks to him. He has a very good job with lots of responsibility and manages people all over America on a daily bases. His communication is perfect I felt so misunderstood. He also , first thing informed the police that we have no guns on the premises
Anyway now what do I do he bailed me out they still have not officially charged me and it can take 6mth to a year to get a court date. I have no documents or statements. Also did this police abuse his power ? I thought assault is when someone want to inflict harm on you physically? Are there video cams in the car and on the police? What is the best way to handle this and what is a probable out come.
I called a local criminal lawyer. He said the district attorney's office has to accept the charges first and to wait. Is this a good idea. He said them it will be a $10 000 retainer.
Thanks for taking the time to read this crazy story. I am still in disbelief.

[adjusterjack]

Sorry, but I stopped reading after seeing enough to be able to tell you to hire a defense attorney and when you get out from under this hire a divorce attorney.

[Taxing Matters]

You say that you have not yet been formally charged with any crime. If that's correct then as far as the criminal side of things goes there is nothing much for you to right now. The state can't prosecute the crime until charges are filed. It may be that ultimately charges are never filed.

In the meantime you may want to consult a civil rights attorney to see if the cops violated your rights and if so what you might be able to get from a lawsuit. Without a lot of actual damages (physical injuries and/or financial loss) as a result of the rights violation it can be tough to win much out of a civil rights case, but the details matter — both your version of events and what the cops say happened. The attorney you consult can sort that out for you.

It's troubling to me that your husband would call the cops out on this if all you did was yell at him. While no one likes getting yelled at, calling the cops over it and causing your spouse to get arrested as result strikes me as a pretty lousy thing for him to do. That said, I don't know what his view is of what happened and it may be that there was more to it than just what you've described here. But there is apparently a problem there somewhere that prompted this incident, and it might be worth considering marriage/relationship counseling to sort that out,

[jumanji]

I'm wondering where the 18yo and g/f were to not step up and corroborate your version.

[Mark47n]

Why are all of those people protesting again?

As stated above, you need an attorney.

I am curious how you were bailed out without being charged with a crime. Those two things typically go hand in hand.

[luckyjessie]

Thank you for your responses. To answer your questions. The 18 yr old was downstairs playing video games, we have a large home, he missed it. My girlfriend was to drunk to help ( her husband works as an assistant to the DA in the adjoining state as an attorney, go figure. I was charged but they said it has to be reviewed by the prosecution before they decide to go to court and try ands prosecute me. As for my husband he has threatened to call the police before for control tactics. This shook him to the bone he was so naïve and deeply sorry. He could not believe how un professional they were. He thought the would take me to get medical help. It is a very deep betrayal. One other thing this police that said I assaulted him threatened twice to tazze me while I was seating in a seat restrained and hand cuffed not saying a word. Police reform is needed I see that now. I never would have thought this until I was sent into the underworld of this corrupt unfair place. At least I have money. People that do not are doomed.

[just blue]

Thank you for your responses. To answer your questions. The 18 yr old was downstairs playing video games, we have a large home, he missed it. My girlfriend was to drunk to help ( her husband works as an assistant to the DA in the adjoining state as an attorney, go figure. I was charged but they said it has to be reviewed by the prosecution before they decide to go to court and try ands prosecute me. As for my husband he has threatened to call the police before for control tactics. This shook him to the bone he was so naïve and deeply sorry. He could not believe how un professional they were. He thought the would take me to get medical help. It is a very deep betrayal. One other thing this police that said I assaulted him threatened twice to tazze me while I was seating in a seat restrained and hand cuffed not saying a word. Police reform is needed I see that now. I never would have thought this until I was sent into the underworld of this corrupt unfair place. At least I have money. People that do not are doomed.

I'm a little confused. If your husband wanted you to have medical attention, why did he call the police? Why didn't he call EMT's?

[jumanji]

I'm a little confused. If your husband wanted you to have medical attention, why did he call the police? Why didn't he call EMT's?

Any time I've called 911, the call's been answered with "911. What is your emergency?" Sorry, jessie - your husband's full of it.

As for 18yo? I thought s/he was playing video games with Dad, per your first post.

Honestly, I'm thinking that, with at least 3 drinks under your belt, you may have been more belligerent/combative than you recall.

[budwad]

I'm a little confused. If your husband wanted you to have medical attention, why did he call the police? Why didn't he call EMT's?

And what emergency number do you call in your town when you need an ambulance or paramedics? Isn't it 911?

[free9man]

Depending on what your husband told the emergency operator, sending police along with EMTs may be SOP. If he indicated you were a threat to yourself or others due to an altered mental state, that gets both with the EMTs normally staging away from the scene until PD says it is safe to come in. If he indicated you had harmed yourself or someone else, same scenario. It is possible it was just a slow shift so PD rolled on the call as well to see if they could help. If your husband said it was a medical emergency but the operator could hear screaming or a commotion in the background, PD is usually going to roll on that as well.