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Assaulted but defended myself

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indy

Junior Member
VA - incident occured in the District of Columbia

Wild story (really happened)- me and 2 friends went to a restaurant after going out this past Thursday for a late night snack. We were in line waiting for our food, when an employee and his friend appear from the back and mentioned that the place is closed when we were about to order. He orders my two friends to leave immediately, I told them that they needed to relax with the tone they used against my friends and was about to head out when one of the persons pushed my hard across the restaurant slamming me against the window. With other people still in line and still in the restaurant, I proceeded to leave the restaurant. I did not notice other customers leave as we left.

Outside, my friend confronted the person who pushed me out (it ends up he is a bouncer next to the store and wasn't an employee at the store). The two get into a physical fight and me and my other friend jump in. (My friend who confronted the bouncer is 5'1 and weights 110, the bouncer is about 6'7 and about 200 pounds, I'm 5'8 and 145, other friend 5'3 and 150)

The bouncer then leaves and goes to his place of work recruiting other people to come and attack us. They proceed to hold my friend who's 5'1 and start attacking him. I attempt to defend him in the process and am thrown to the floor and kicked in the head. The men then all flee to the club that they work for. I contacted the police and the police questioned both my friends. Then the supposed 'owner' of the club comes out and takes to the police with a parade of young women following him shortly (apparantly this means something in the club life). He then leaves and goes back to his club. The restaurant employee then comes out and tells the police that we attacked the bouncer and that he has video tapes to prove it. He then proceeds back to his restaurant.

The police then ask me what occured, I'm a bit frazzed during all this and had blood gushing out of the left side of my head (didn't know this at the time) and mentioned that we had gone out to another place (couldn't remember the name but the officer knew and helped me name it) during the evening and just wanted to get a snack and in the process were attacked. I mentioned to them that I was more concerned about my friends then myself and that I had been the person who had contacted the police.

The police then provides me with a business card and writes 'simple assault' on the back of his card and provides a CCN number. He also stated that an arrest warrent would be issued for the person who did this to me.

All of us were taken to the hospital and were treated for the various bruises that occured. I'm currently trying to obtain a police report for what happened.

Do I have any possiblility of taking this person to court for his actions? Could I sue the restaurant or club for what occured?

After thinking about it, I still don't quite understand why we were attacked. It may have been the fact that we were short guys that the 2 employees just wanted to give a hard time because they were in the mood to bully some smaller people? My two friends were of hispanic decent and that they may have felt that this provided them with an advantage since both were caucasian? I don't know, but definitely feel that we have a case and have a hospital report to describe our injuries alongside pictures from the damage they caused us.
 


indy

Junior Member
I have insurance

The total dollar cost is going to be sent to my house. I have insurance so it will probably cover most of it. I'm assuming a $100 deductible. My friend isn't so fortunate. He does not have insurance and was brought to the hospital via ambulance...
 

seniorjudge

Senior Member
indy said:
The total dollar cost is going to be sent to my house. I have insurance so it will probably cover most of it. I'm assuming a $100 deductible. My friend isn't so fortunate. He does not have insurance and was brought to the hospital via ambulance...
Thank you, but I did not ask about your medical expenses.

Please answer the question.
 

CdwJava

Senior Member
These kinds of events tend to go two ways. My guess is that the restaurant staff and/or the other guy will allege they were defending themselves from YOUR attacks.

Be prepared for cross allegations of assaults.

Out here this usually results in everyone being charged or no one being charged.

I have to think that there was SOME reason you were given the bum's rush out the door ... could it be that you or your friends were giving someone lip? Intoxicated? Been bothering someone nearby moments earlier? There has to be some reason the guy shoved you out the door.

Even if not, I am guessing that this is likely to go against everyone or die a quiet death unless people get attorneys to sue for civil damages.

- Carl
 

indy

Junior Member
Response to medical question

Sorry about that. There were no permanent physical damage. Only pretty bad bruises and pain on the left side of my head. Scraps were also caused on my knees from being thrown to the floor.
 

indy

Junior Member
Disappointing :(

Wow. I guess when one has a drink, they can be assaulted? If I do recollect correctly, I may have utilized a word such as 'f*&^' when telling the person to not be so rude in telling my friends that they were closed and that we had to leave. It was not done to be degrading them or in a manner that would threaten them, I can't remember the exact words but something like 'What's your problem, you don't 'f%^en' talk to people that way. I was then thrown to the window. We were not acting rowdy, we were not troubling other customers.

I don't know if this matters, but the person who fled most likely has a criminal record of some kind. Me and my friends do not have any criminal records.

I was planning on getting a lawyer for all this, but if you feel as if what happened was as much fault on my part or that this will all just go away, then I may just walk away on your suggestion.
 

CdwJava

Senior Member
Your feeling that someone has a criminal record is irrelevent. They may or nay not have a record. And having a record is irrelevent as it is not applicable to proving the crime at hand.

But, unless the other guy and his pals admits to whackin gyou for no reason, I can imagine that he will say that he was the victim in the assault and it woill come down to your word and that of your friends, versus the word of this guy and his friends. It's likely to be a wash.

But, obviously, we don't know what the details are.

- Carl
 

indy

Junior Member
CdwJava said:
It's likely to be a wash.
- Carl
Do you mean, this case would break evenly between us? Would having a warrent for the other person's arrest mean anything? If I were to see this individual again, and goes to prison (based on second sighting) would this have any bearing on the case?
 

CdwJava

Senior Member
indy said:
Do you mean, this case would break evenly between us? Would having a warrent for the other person's arrest mean anything? If I were to see this individual again, and goes to prison (based on second sighting) would this have any bearing on the case?
Whether the other fellow has a warrant is irrelevent. Even wanted criminals can be innocent of a crime. The fact he has a criminal record will not likely be an issue at all in court when rendering a decision if he is guilty of THIS crime or not.

And, yes, I mean the case is likely to break evenly. Unless there are independent witnesses that predominantly indicate that YOU were the innocent victim in all this, chances are that the DA is not going to waste time with this ... and if they do, they may go after everyone for fighting in public.

- Carl
 

indy

Junior Member
Live and Learn

Thanks for the advice Carl. My wounds are healing and I am recovering. I guess I may just have to let this go... As far as this bouncer goes, I feel as if I will not be able to attend late night activities in the area that he was working in. I don't want to have to confront this individual again. At least not unless I'm with a large group of people...
 

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