(California) 10 months ago me and my girlfriend were sharing an apartment with Her daughter and her daughters boyfriend, it was midnight on the fourth of july and everyone had a few beers. My GFs daughter and her boyfriend were fighting in their bedroom and it was getting loud. It sounded like he was bashing her head into a wall so I felt she might be getting hurt so I grabbed a can of pepper spray out of my GFs purse and opened their bedroom door and found him holding her down by the wrists. so I told them to stop fighting and he jumped up and chased me out of the room until I could go no further and 1 second before he got in striking distance I pepper sprayed him. (He's twice my size, former prison inmate, tattooed all over etc... you know the type) So I called 911 and explained the situation while the boyfriend wiped pepper spray off with a towel all the while screaming how he is going to kill me. His GF also got some pepper spray on her because she had run up behind him just at the moment i pulled the trigger.
So cops show up and find me standing in the corner holding the can of pepper spray to keep the guy from kickin my butt, I put down the pepper spray and cops immediately place me in handcuffs and lead me down to the patrol car, they stuck me in the back and went back upstairs to the apartment - The 2 "victims" took full advantage of this and told the cops I had pepper sprayed him for no reason because I was drunk. They arrested me for felony possession of pepper spray by a felon (In CA a convicted felon can't possess pepper spray and I have a felony for possess deadly weapon/not a firearm from 22 years ago/ did 5 months in LA county jail for that)
On the way to jail the cops asked me my version of events and I told them but it was too late by then. I was never spoken to by any detectives while in jail. I was held in jail for 17 days during which the "victims" in the case decided they did not want me living there anymore and went and told god knows how many lies to get a 3 year restraining order (we never had any problems until that night) and they showed up at my preliminary hearing fully ready to take the stand and lie further to keep me in jail longer, I guess to punish me further for pepper spraying them or something. But I told my PD that I hadn't been in jail in 20 years and he was able to convince the DA to a plea of 3 years felony probation, 75 days of "hard labor" community service and $4000 worth of fees and fines that I can pay at $25 a month. At that point I would have taken any deal that would get me out of jail because I needed to get out and try and pick up the pieces of my life and if I had stayed another week in jail, there would be less pieces that I could salvage. note- the plea was to a charge of "misuse of pepper spray"- a felony.
The probation and fees I can live with- but the "hard labor" community service I just can't do because I am disabled and on july 20th it will have been one year and that community service will be due and i will have to go to before the judge and explain why I have not done it yet. Ya I shoulda dealt with this sooner but months go by and I kept procrastinating and now its almost time to have to deal with it.
In all likelihood the judge will probably convert my community service to jail time which doubles it - so 75x2 is 150 and with early release (due to overcrowding) I will do between 10 and 20 days in LA county jail and its not something I am looking forward to.
The way I see it my one chance is to file a motion to dismiss the plea deal which if granted would be just as good as having the case dismissed - the "victims" have broken up and live in different places now and my GF and her daughter are back on speaking terms so if that were to happen my chances of the case going nowhere look pretty good.
But I am not sure on what legal grounds to file that - so thats why I am here posting this, my version of events is the absolute truth and I did not deserve any of this. Me and GF now have our own apartment and just want to move on with our lives but I have to deal with this. My plan is to type up a motion myself and print it out and mail one copy to the judge a few weeks before the court date and I will bring a copy to court as well.
If anyone here has any advice or ideas I am all ears, thanks in advance for any help.
Orb
So cops show up and find me standing in the corner holding the can of pepper spray to keep the guy from kickin my butt, I put down the pepper spray and cops immediately place me in handcuffs and lead me down to the patrol car, they stuck me in the back and went back upstairs to the apartment - The 2 "victims" took full advantage of this and told the cops I had pepper sprayed him for no reason because I was drunk. They arrested me for felony possession of pepper spray by a felon (In CA a convicted felon can't possess pepper spray and I have a felony for possess deadly weapon/not a firearm from 22 years ago/ did 5 months in LA county jail for that)
On the way to jail the cops asked me my version of events and I told them but it was too late by then. I was never spoken to by any detectives while in jail. I was held in jail for 17 days during which the "victims" in the case decided they did not want me living there anymore and went and told god knows how many lies to get a 3 year restraining order (we never had any problems until that night) and they showed up at my preliminary hearing fully ready to take the stand and lie further to keep me in jail longer, I guess to punish me further for pepper spraying them or something. But I told my PD that I hadn't been in jail in 20 years and he was able to convince the DA to a plea of 3 years felony probation, 75 days of "hard labor" community service and $4000 worth of fees and fines that I can pay at $25 a month. At that point I would have taken any deal that would get me out of jail because I needed to get out and try and pick up the pieces of my life and if I had stayed another week in jail, there would be less pieces that I could salvage. note- the plea was to a charge of "misuse of pepper spray"- a felony.
The probation and fees I can live with- but the "hard labor" community service I just can't do because I am disabled and on july 20th it will have been one year and that community service will be due and i will have to go to before the judge and explain why I have not done it yet. Ya I shoulda dealt with this sooner but months go by and I kept procrastinating and now its almost time to have to deal with it.
In all likelihood the judge will probably convert my community service to jail time which doubles it - so 75x2 is 150 and with early release (due to overcrowding) I will do between 10 and 20 days in LA county jail and its not something I am looking forward to.
The way I see it my one chance is to file a motion to dismiss the plea deal which if granted would be just as good as having the case dismissed - the "victims" have broken up and live in different places now and my GF and her daughter are back on speaking terms so if that were to happen my chances of the case going nowhere look pretty good.
But I am not sure on what legal grounds to file that - so thats why I am here posting this, my version of events is the absolute truth and I did not deserve any of this. Me and GF now have our own apartment and just want to move on with our lives but I have to deal with this. My plan is to type up a motion myself and print it out and mail one copy to the judge a few weeks before the court date and I will bring a copy to court as well.
If anyone here has any advice or ideas I am all ears, thanks in advance for any help.
Orb
