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false police report

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schmoo2691

Junior Member
We're in New York.
My husband suffered a manic episode (first ever- no prior diagnosis) and called 911 on himself. He was completely compliant when the poilice and ambulance arrived. One officer lied (on paper) and said he was menacing them (and us, his family) with a gun. This lie led to charges, eventually dismissed and sealed- but not before 6 months of being kept out of the house (restraining order) and a variety of other nasty consequences (for one example, both our exes and CPS used it as a tool to romp all over us in family court.).
The lie made a hash of our lives and what should have been just a health crisis into a total nightmare. So far, two local lawyers have turned the case down. We have strong proof. Why is this being so difficult?
 


JETX

Senior Member
Why is this being so difficult?
Hmmmm.... Could it be the difference in statements by the police versus someone who you admit was having a 'manic episode'??
Pretty hard for an officer, or anyone else, to mistake someone who is menacing with a WEAPON!!
 

schmoo2691

Junior Member
Thanks for responding.
No, it's not that, and yes, it would be a hard mistake to make. There were other officers there and EMTS, plus myself and two teenagers (I realize family word doesn't count for much.) One of the other officers went so far as to APOLOGIZE to me for the charges the next day and say that Tom (my husband) "handled himself very well."
It's about one officer who said to me that night that he would do "everything in our power to make sure this guy never comes near you or these kids again." Then he lied. I don't think all the others backed him up, and there is a 911 tape on which you can clearly hear the (peaceful) arrival of the cops. No "PUT THE GUN DOWN!" He wasn't menacing anyone. He was sitting down with his hands up, then lying on his stomach as per orders.
Thanks again, hope this adds clarity.
 

xylene

Senior Member
Lets not be coy about the gun.

Did your husband have a firearm on his person AT ANY POINT during the episode.

Was there a gun in the house?

Did he have the gun on his person or IN ANY WAY accessible to him when the police arrived?

Please spell out more clearly what happened.

Did he point the gun at anyone? Did he point the gun AT HIMSELF in front of you or the children? Did he declare any intent to discharge the gun, either at himself or others, or even simply to fire without drawing a bead on a target?

Did he actually discharge the firearm?
 

schmoo2691

Junior Member
Thanks for responding, xylene.
Point by point:

Did your husband have a firearm on his person AT ANY POINT during the episode.
No.

Was there a gun in the house?
Yes, a .22 rifle, unloaded and trigger locked.

Did he have the gun on his person or IN ANY WAY accessible to him when the police arrived?
He was sitting out on the front porch with his hands raised. The gun was in another room.

Please spell out more clearly what happened.

Did he point the gun at anyone?
No.
Did he point the gun AT HIMSELF in front of you or the children?
No.
Did he declare any intent to discharge the gun, either at himself or others, or even simply to fire without drawing a bead on a target?
No.

Did he actually discharge the firearm?
No.
 

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