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County Attorney

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jaxpink

Member
What is the name of your state? Texas


Ok hopefully someone can help with this.


A woman assualted two people I know- A mother (S) and her daughter (J)-
The person who assualted( will call her Lisa) them drove 45 minutes under the influence and with a weapon.
The woman came with her daughter to pick up her two granddaughters.

The woman Lisa got out of her daughters car from the backseat and began to yell at the daughter(J) and never once stopped coming towards her. So the daughters' mother (S) stepped in front of her daughter to stop Lisa from coming or attacking J.

S and Lisa were in a physical altercation because Lisa grabbed S arm and threw it into a fence post and had hold of S sweater which ended up in threads. It all happened so fast but as Lisa was attacking S, J her daughter who weighs about 220 and is about 5"9' wrapped around Lisa and spun her trying to jerk her away from her mother. Finally she got her loose and took her to the ground holding her face down and one knee on her back.
Now this was to restrain her.

Lisa was released and S & J got in the fenced yard at to get away from Lisa, as Lisa went to her daughters car and pulled a table leg out with duct tape.
She began threatening, death threats, trying to fight. Her own duaghter was pushing her telling her to get in the car.

Now 911 was called by S son-in-law.
5 cops arrived and cuffed Lisa and Lisa's daughter. Lisa's daughter was released after they were told she had nothing to do with the incident.
Lisa went to jail and was charged with 2 counts bodily injury and 1 count public intoxication.

S and J turn in papers to the County Attorney. The county attorney mailed Lisa papers telling her not to come to S property and the property where this occured.

Today S talks to the county attorney and they said they rejected the packet. Because both parties were injured. Now Lisa refused Medical care in jail. Was there all night and the next day.

My Question is does both parties being injured a law that means the county attorney does not have to do anything?
Lisa clearly had a weapon, drove to another county with it, attacked S and J who both had injuries and went to the ER.( J's eye on the inside was scratched and her face as well. S's arm was bruised, swollen, and she still has problems with the pain. The DR said she had contusions)
Is this something the county attorney has to take or at their discretion? Is there any way to make them take it? To give them more proof or what?
Any advice would be helpful!!
 


CavemanLawyer

Senior Member
A county attorney or district attorney has complete discretion on what charges to file or neglect to file. What I think he/she meant was just that it appeared to be a mutual fight in which case a charge of assault probably can't be proven against either party (mutual combat is an affirmative defense to an assault, and of course so is self defense.)

All you can do is present hospital bills and other expense records to the county attorney's office and ask that they reconsider.
 

jaxpink

Member
A county attorney or district attorney has complete discretion on what charges to file or neglect to file. What I think he/she meant was just that it appeared to be a mutual fight in which case a charge of assault probably can't be proven against either party (mutual combat is an affirmative defense to an assault, and of course so is self defense.)

All you can do is present hospital bills and other expense records to the county attorney's office and ask that they reconsider.
Thank you caveman, At first S said well maybe I shouldnt pursue it, but then reconsidered. S has a video of after the altercation of Lisa screaming death threats and with the club in her hand, which you would think would prove intent.
Also on the video she is told to leave and never does. S thought showing them the video might help? Would you agree to that?
Yes S & J can get hospital bills, rx bills, and S missed work the following Monday after this because the hand/arm swollen was her writing arm and she is a nurse and does alot of writing at her job and of course the pain was still bothering her.

Thanks so much!
 

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