california: I stabbed my attacker 17 times, untill he released me.

[PrsctdDefender]

I can realy use some feedback: california:

I stabbed my attacker 17 times, untill he released me. This resulting in my being arrested for assault on, or against and Battery, against this "Person".
Heres the lowdown=
Location of incident was the apartment where I have been staying with my friend and roommate at:
Roseville, California.
Address is where I had been living, for three months: until other arraignments could be made.

I have been continually harassed by "PERSON' for 3 years, no matter where I live. He has called my jobs, gone to my jobs, repeatedly calling my phone and the phone I had before this one, leaving threatening and obscene messages on my voicemail and text messaging.
"PERSON" had attacked me causing serious injury, on Christmas Day 2003 at 4:00 am We (roommate and I) have found him staking out where ever we are living, waiting for us to come home, if he has been unsuccessful at tracking us down.
He has gone to the Casino and left notes on "Roommates" car or came into the casino looking for us, following and tracking "ROOMMATE" and I down any where we go. Sometimes breaking into "ROOMMATE" Apartment at the last address: in Fair Oaks, sometimes with the Police being called on him, (neighbors) for lurking in the parking lot for hours . If he cannot get "ROOMMATE" on her phone or at home, he will call my phone and leave harassing messages and threats. We have gone to her office many times to do work she needed done, cleaning the office or doing other work, just to have him show up there. The list goes on and on.

This behavior always begins in the middle of the night. With him calling 60 or more times non-stop.
I always refused to be in the same house or space he occupies. Going far out of my way to avoid him.

I have done everything possible to avoid contact with him. Anytime I knew that he was coming around, I would leave even though I have no car. I would end up sleeping in the bushes or sitting at a bus stop all night waiting for him to leave the next day. Occasionally "ROOMMATE" would let me nap in her car until "PERSON" would leave, which as you can imagine was a real pain. "ROOMMATE" would always tell me to “just stay and "PERSON" would not cause any problems”. I knew better.

The day of the incident, I had gone to sleep in my room at about 4 am, when I awoke I noticed the door closed to my room so I knew "PERSON" was there, "ROOMMATE" never closes my door. I had been having a lot of pain in my shoulder and knew I could not go sit at a bus stop for hours, so I locked the door, went on the back deck through the back door of my room to smoke a cigarette, then returned to go back to sleep.
I knew "ROOMMATE" would open the door or knock when "PERSON" left. I awoke several times but "ROOMMATE" had not let me know he was gone, so I assumed he was there and went back to sleep.
Just moments before the incident, I heard "PERSON" yelling and cussing at "ROOMMATE", but could not make out what he was saying. After a minute "ROOMMATE" knocked on my door, so I unlocked and opened it, "ROOMMATE" was crying saying that she can’t take it anymore. She said that since: I won’t come out if "PERSON" is there, and he won’t leave if I am there. I told "ROOMMATE" that its not a problem for me to leave, all she had to do was say so, and to give me a couple minutes to get my boots on, "ROOMMATE" said okay and closed my door. I had began looking for a pair of sox, I could hear "PERSON" yelling at her and cussing again, getting louder and then "PERSON" began yelling and kicking at the door just 4 seconds before he came in. I was thinking it was locked, but I forgot to lock it again as "ROOMMATE" walked away. Not that the door being locked was going to stop him. He is 6’5” or near that, and 250Lbs or more. I am 5’9”, 210Lbs. Because of "PERSON" having no self-control, I know I was in danger. I have approximatly 12 recorded phone threats from him, burned to a CD disc. He has a habit of throwing temper tantrums when he don’t get his way. I believe he in Bi-Polar or Manic depressed. Extreme mood swings, is an understatement.

I was standing next to the door looking for sox when after beating on the door he opened it, I was right there. He started hitting me in the face and then got me in a headlock while he continued trying to get in punches. I grabbed my knife from the desk which was immediately behind me, and started sticking him, not deep or hard, nor in any vital areas, just trying to make him stop and to let go. With all of his threats aside, he had injured me seriously the last time, taking months for the bones to heal. I intended to make him release me and retreat.
He received the cut on his arm (Right) when he put his arm behind himself to try to grab the knife (instead of releasing me). When he realized he was cut he, finally let me go and retreated to "ROOMMATEs" room.
"ROOMMATE" had not seen him attack me because he had thrown her down, prior to his coming to my room, but she knows he came into my room to attack me. When she got up from where "PERSON" had thrown her and got to us, it was almost over already.
When "PERSON" went to her room, I went to the kitchen and put the knife on the counter and grabbed the phone. I handed the phone to "ROOMMATE" in the hallway, told her to calm down and call an ambulance and then the police.
I then told her I would wait outside for the police and to avoid any further conflicts with "PERSON".

After "PERSON" had released me, I never swung towards him, nor took any other aggressive moves towards him at all, not once. I was only defending myself in the only way I could.

California law defines Self Defense as??? I was arrested and he went to the hospital. whats wrong with this picture I am on 40 thousand bail.

 

[msiron]

I'll take a stab at this... no legal info here but I do think when deadly force (even warranted force is used) like with a firearm or a knife, they usually arrest you and it get sorted out later. Possibly the DA will drop the charges with all your evidence?

I'm sure one of the attorneys here will be along to answer your question. Get yourself a laywer noted for handling this type of charge.

Were you arrested for attempted murder?

You never stated you were a MALE until the end by your physical description.

What was this over? A Female? Drugs?

 

[CdwJava]

Something's missing here. Had this been an obvious case of self defense the other guy would have been arrested. I suspect his story is vastly different than yours, or yours just doesn't hold water.

- Carl

 

[PrsctdDefender]

Is it possible that since I was in my home not his, he came into my room uninvited, he threw first blows, had me in a headlock, before I grabed my knife which I am glad was on my desk behind me, that I had no room to retreat. I was left with no option but to act as I did, or probably die? The law says a man in his home is not expected to run from his own home, to be within the law in self defense. I used only the force needed for me to free myself of his grip, and further harm. I stopped at that point exactly. He was out of the hospital in 5 hours. People like this are terrorists extream. His profile meets every definition of a stalker as defined by California law. Do you think I am the aggressor? Was I at his house? You say my story dont hold water, I say its too bad theres others in Law enforcement who think I should have layed down and died to keep from hurting someone who has bullied every one all his life because of his size. In my own home? All the evidence is so clear that I was within my rights totaly, only a blind man would not see fact as fact.

 

[PrsctdDefender]

Or is it you, who arrested me?

Or is it you, who arrested me? Still dont want to admit to being wrong?
I admit I was wrong in ass-uming the officer would use reasonable judgment is something so obviously clear. I am not a person who has ever had a problem like this, I hated having to cut him to get away. It still makes me sick to think about it. There lies another way he has put his mark on my life, Im fighting a case because he is an idiot who cant control himself or stay out of someones life who wanted nothing to do with his butt. I did not choose that day to complicate my life or his. I still say something is not right with this picture. Put yourself in my shoes, what would you have done differently? Would that have been enough?

 

[Shay-Pari'e]

Is it possible that since I was in my home not his, he came into my room uninvited, he threw first blows, had me in a headlock, before I grabed my knife which I am glad was on my desk behind me, that I had no room to retreat. I was left with no option but to act as I did, or probably die? The law says a man in his home is not expected to run from his own home, to be within the law in self defense. I used only the force needed for me to free myself of his grip, and further harm. I stopped at that point exactly. He was out of the hospital in 5 hours. People like this are terrorists extream. His profile meets every definition of a stalker as defined by California law. Do you think I am the aggressor? Was I at his house? You say my story dont hold water, I say its too bad theres others in Law enforcement who think I should have layed down and died to keep from hurting someone who has bullied every one all his life because of his size. In my own home? All the evidence is so clear that I was within my rights totaly, only a blind man would not see fact as fact.

Because of his size? You are 5'9 and 210 yourself. If all the evidence is so clear, why are you worried? What does your lawyer say? Have you been arrested?

Actually, your post makes no sense at all.

 

[Shay-Pari'e]

Or is it you, who arrested me? Still dont want to admit to being wrong?
I admit I was wrong in ass-uming the officer would use reasonable judgment is something so obviously clear. I am not a person who has ever had a problem like this, I hated having to cut him to get away. It still makes me sick to think about it. There lies another way he has put his mark on my life, Im fighting a case because he is an idiot who cant control himself or stay out of someones life who wanted nothing to do with his butt. I did not choose that day to complicate my life or his. I still say something is not right with this picture. Put yourself in my shoes, what would you have done differently? Would that have been enough?

Well, if you had a brain, you would have filed for a restraining order, and not been living in a place he visits.

 

[CdwJava]

Or is it you, who arrested me? Still dont want to admit to being wrong?

I admit I was wrong in ass-uming the officer would use reasonable judgment is something so obviously clear.

Oh, please! Cease the ridiculous ranting, I don't even know you.

If the self defense argument were so obvious that even a "blind man" could see it, you would not be facing these charges. There is obviously something that casts doubt on your version of events. It might be witness statements, physical evidence, statements made by the parties at the scene or later .. who knows?

What does your attorney say about the whole thing?

What stage of the proceedings are you in? In other words, have you been to a preliminary hearing yet? Or is it set for trial?

- Carl