Simple Battery FVA, Obstruction

geoffc2 · #1 04-16-2007, 09:19 PM

What is the name of your state? Georgia

I had two female guest sleeping over at my house a couple of months ago. I went to bed leaving the guest in the lving room. Alcohol was being consumed. I was awakened by arguing around 130 am and got up to see what was happening. As I left my bedroom I realized the argument had stopped. I stopped in the hall bathroom and was using the facilities when the dorr was shoved open. I was sitting down and pushed back on the door saying occupied. Several minutes later the door comes crashing in torn off the hinges. I got decent and preceeded to the living room where I instructed both guest to leave my house. Although argumenative they did. I went back to bed. Aeveral hours later I hear a crash in the garage. Al doors and windows were closed when I went to bed. I get up and grab my shotgun. As I start down the stairs, i see a local deputy removing the door at the foot of the stairs to the basement. I put the shotgun behind the washer and move back to the stairs to view two officers coming through the doorway where the door had been removed. I shout "freeze" and demand to know why they are in my house. Both officers have guns drawn and stop at the bottom of the stairs. I again demand to know why they have broken into my house. They ask me who lives here. I answer that just my daughter, who is not home and I live there. They then say I threw out my girlfriend, neither guest was a girlfriend, which I say I had instructed some guest to leave and reiterated my question of why they had broken into my house. I then made a statement that I hoped they were recording this. They both said they were. Then I was asked for ID. Now, I am standing there in basically PJ's so I answer I don't have any and before I can say "on me", one of the officers leaps forward with pepperspray and shouts thats Obstruction while he begins to spray me. The other officer immediately joins in the spraying frenzy and I turn to the left and grasp the bannisters so as not to actually knock the crap out of the bastar%^%s who have broken into my house and are now assaulting me. After punching me several times in the kidneys, I control my urge to throttle them enough to put my hands behind my back and be cuffed. I am then led outside by officer two and deconned. During this, one of the guest arrives back at my house and screams at the officer "why are you arresting him he didn't do anything" Several minutes later, officer two asks if I was formerly employed by the Dept of Corrections. I asked him why did he ask and he said that officer one had found my ID in my bedroom. Two days later, I was finally processed by booking and thought my chance for a phone call was imminant. That was when I was advised that I had been charged with family violence and couldn't get bond without appearing. When I saw the paper it said that I had shoved one of the guest down my stairs.

Now for the questions.
1. Was it legal for them to enter my house?
2. Guest that showed up while I was being put in car said they never got a statement from her.
3.Can they search my house after arresting me without a warrant? Note the ID he found was inside an old wallet in the top drawer of a clsed dresser.
4. Why did they charge FVA when neither guest lived there?
5. Are they required to tell me why they are in my house if they came in legally?
6. Must we have ID in our PJ's?

I retired from Corrections before going active duty with military, was reserve for 20 years, so a plea is not an option. I never laid hands on the guest and don't sleep with ID. If found guilty of anything I lose not only current job but any chance of employment in job area. Any help is appreciated.

seniorjudge · #2 04-17-2007, 12:17 PM

1. Was it legal for them to enter my house?
A: Yes, because according to your post, they thought a felony was being committed in the house.

2. Guest that showed up while I was being put in car said they never got a statement from her.
A: What was the question?

3.Can they search my house after arresting me without a warrant? Note the ID he found was inside an old wallet in the top drawer of a clsed dresser.
A: Yes.

4. Why did they charge FVA when neither guest lived there?
A: Ask the prosecutor.

5. Are they required to tell me why they are in my house if they came in legally?
A: No.

6. Must we have ID in our PJ's?
A: No.

geoffc2 · #3 04-17-2007, 09:33 PM

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