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  1. #1
    Join Date
    Apr 2006
    Location
    WV
    Posts
    1

    Default Are Assault Charges Warranted?

    Ok In a nutshell here is the situation.
    I am in WV, my son is 16 years old and was called out through a group of also minor individuals to step up and fight with another kid, who is also 16 or 17 and is a resident of OHIO. The fight however took place in WV. Also of note should be that 3 other individuals, over the age of 18 came with this juvenille to quote :"make sure it was a fair fight".

    However what transpired was the following.*I wasnt there this is from reports*

    While my son was removing his jacket, one of the adults called out to the juvenille from Ohio, to "HIT HIM NOW" and so the kid did, knocking my son to the ground, pinning him and whalling on my son's face.
    Soon after My son yelled out to the kid to get up off of him and square up, the kid got up, the adults stepped between my son and the kid, told the kid to run off and then had a few words with my son.

    The police brought home my child to me and at that time asked me if I wanted to press charges, and of course at that point I was still in shock over the incident, and stated that I would prefer that they investigate to make the judgement if charges would be filed.


    In the mean time, over the course of 3 days my son's face swelled, and he began to have sever headaches.
    A trip to the Dr., turned into a trip to the hospital to receive xrays and a CT scan and that turned into a visit to the Plastic Surgeon.
    This "fight" resulted in my son having a broken Orbit, a broken Maxilla And pressure behind the optic nerve. Surgery was preformed 5 days following the incident.
    We still have to see an eye dr to determine the extent of injury to the eye itself, and there is a very real possibility that he may go blind in that eye completely.

    Following the surgery and the recoup time for myself and my kid, I have made several phone calls to the police department and they have gone unreturned to me.

    I guess what I want to know is:
    Am I WRONG to believe that assault charges should be filed?
    What of these adults that were present during this situation? Should they not ALSO be held responsible as they went to the scene with the intent to allow this to occur?
    Not ONE person present attempted to stop this other kid from continuing to bash in my childs face when it was clearly obvious that my child didnt have a hand free to make a swing.

    Do states usually extradite minors for such charges?

    If anyone can give me some advice on the subject I would really appreciate it.

    At this point, Im feeling neglected and helpless....not to mention penniless as this is costing a fortune.

    Having said that, however, Im not interested in monitary compensation, I am just appalled that this seems to have gone now where, knowing full well that if the shoe were on the other foot, I have a feeling that a warrant or charges with my name attached to it would have been in my hands by now....

    Thanks for any help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    I personally would have requested that charges be filed upon the initial police contact. The initial ambivilence, combined with the interstate issues, make it less likely that charges will now be filed. Contact the investigating officer, try to get charges pressed, and then try to get restitution for the medical expenses as part of the resolution of any criminal charge.

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