My 16 year old son was attacked by juvenile

[BAByrge]

What is the name of your state? Tennessee

My son waits tables at a local resturant. One night an elderly lady came in and was being difficult so my son told a waitress that he works with that she was a crazy old B--ch. (Which he shouldn't have done!) The girl that my son made the statement to told her elderly woman's grandson. For about a month the grandson has been harassing my son. My son told the boy several time he was sorry, but it wouldn't easy the other boys anger.
The other boy and four of his friends finally got my son conered tonight and roughed my boy up a-bit. Nothing major (Thank the Stars!) cause he ran in a womans house and ask for help. The lady contacted the Police department, my wife and myself. When I arrived the police officer was reluctant to file a report, but I informed him that I thought we should just incase anything else should occur. The officer did as I asked. However, the officer told me that I could not do anything about the boy attacking my son. Even though my son's friend witnessed the act. The officer informed me that he (the officer himself) would of had to witnessed the attack before any charges could be filed. That doesn't sound exactly right to me. I am going to talk with the boys parents later, but I would like to know what legal options are available. The other boy is a-lot lager than my son and was continuing to taunt my son about giving him another -ss whopping. So thats the story to the best of my knowledge. In your opion what would be my best course of legal action if needed.
Thank you for your time. B.A.Byrge

 

[rmet4nzkx]

What is the name of your state? Tennessee

My son waits tables at a local resturant. One night an elderly lady came in and was being difficult so my son told a waitress that he works with that she was a crazy old B--ch. (Which he shouldn't have done!) The girl that my son made the statement to told her elderly woman's grandson. For about a month the grandson has been harassing my son. My son told the boy several time he was sorry, but it wouldn't easy the other boys anger.
The other boy and four of his friends finally got my son conered tonight and roughed my boy up a-bit. Nothing major (Thank the Stars!) cause he ran in a womans house and ask for help. The lady contacted the Police department, my wife and myself. When I arrived the police officer was reluctant to file a report, but I informed him that I thought we should just incase anything else should occur. The officer did as I asked. However, the officer told me that I could not do anything about the boy attacking my son. Even though my son's friend witnessed the act. The officer informed me that he (the officer himself) would of had to witnessed the attack before any charges could be filed. That doesn't sound exactly right to me. I am going to talk with the boys parents later, but I would like to know what legal options are available. The other boy is a-lot lager than my son and was continuing to taunt my son about giving him another -ss whopping. So thats the story to the best of my knowledge. In your opion what would be my best course of legal action if needed.
Thank you for your time. B.A.Byrge

It sounds as if all parties are being juvenile. First of all your son needs to learn to respect his elders and secondly, to respect his customers. I susspect there is more to the story if the other employee feels the need to inform the woman's granadson and in turn that may explain why the police were reluctant to take action. You may apple for a restraining order to protect your son and in turnm his attacker has the opportunity to respond in court.

 

[BAByrge]

First off, I know my son done wrong. Also, your right about respecting one's elders and yes my son knows better. My son dated the girl that went out of her way to tell the coment to the offended boy. Lastly, the officer is good friends with the boys older brother. Tennessee+small town= We all know each other Type of deal.
However, thank you for taking the time to give me advice.

 

[CdwJava]

How old is your son? If he is legally an adult (18+) that might explain why the officer couldn't forward any charges to the prosecutor.

Could it also be that your son did not want to pursue charges?

On the small town issue ...

And all because someone is in a small town does NOT automatically mean favoritism. I live and work in a small town as well (though it is in CA), and I hear that old excuse leveled all the time when a party does not get their way on something. It doesn't fly here ... it might where you are - obviously I don't know, but being in a small town where everyone knows each other does not automatically mean that people get special breaks in spite of the law. In my case I have had to arrest a neighbor, acquaintances, my sons' baseball coach, and even the husband of my wife's best friend. It's uncomfortable, but it's what we have to do.

- Carl

 

[gawm]

In my case I have had to arrest a neighbor, acquaintances, my sons' baseball coach, and even the husband of my wife's best friend. It's uncomfortable, but it's what we have to do.

- Carl

WOW...now that IS something I would really like to see on "Cops". I think that would make really good television.

 

[CALIFORNIAKID]

they were both wrong

this girl shouldnt have told her grandson-wasnt any of her grandsons business, he was not there and didnt hear what happened.both of them were in the wrong

 

[CdwJava]

WOW...now that IS something I would really like to see on "Cops". I think that would make really good television.

It's even better when they come to my house later and apologize for "making" me have to arrest them.

I even get apology cards and letters.

Ah, small town life.

- Carl

 

[CdwJava]

this girl shouldnt have told her grandson-wasnt any of her grandsons business, he was not there and didnt hear what happened.both of them were in the wrong

He shouldn't have said it, and she shouldn't have passed it on. But, they did what they did and now there is a potential criminal complaint in the mix.

We could take it further and say that the old woman shouldn't have been such a witch to people ... so, ultimately, where does the blame end?

- Carl

 

[Shay-Pari'e]

He shouldn't have said it, and she shouldn't have passed it on. But, they did what they did and now there is a potential criminal complaint in the mix.

We could take it further and say that the old woman shouldn't have been such a witch to people ... so, ultimately, where does the blame end?

- Carl[

Carl, this is Kelly the forum poster child. She get's banned every day. Please don't ask her questions, she doesn't have a clue.

 

[BAByrge]

How old is your son? If he is legally an adult (18+) that might explain why the officer couldn't forward any charges to the prosecutor.

Could it also be that your son did not want to pursue charges?

On the small town issue ...

And all because someone is in a small town does NOT automatically mean favoritism. I live and work in a small town as well (though it is in CA), and I hear that old excuse leveled all the time when a party does not get their way on something. It doesn't fly here ... it might where you are - obviously I don't know, but being in a small town where everyone knows each other does not automatically mean that people get special breaks in spite of the law. In my case I have had to arrest a neighbor, acquaintances, my sons' baseball coach, and even the husband of my wife's best friend. It's uncomfortable, but it's what we have to do.

- Carl

My son is sixteen, and the other boy is seventeen. As for the small town issue.....
When I returned to our town square to find my sons skateboard, I heard the police officer tell the other boys not to worry because an officer would of had to witness the act before any charges could be filed. I believe the officer could have atleast told the crowd of kids enough is enough. You know, stop then non-sense and try to restore some peace. Is the officer not a peace officer? Not to tell a crowd of kids that it is ok to do wrong as long as an officer is not around type of speech. First, I am going to try to work this issue out with the other boys' parents before I take matters any futher. However, I believe we have the right to file a juvenile petition as well as a restraining order if need. Is there any legal advice incase talking with the other childs parents does not help to resolve this matter. Our should I (as the office stated) wait for a no witness moment to occur and then thump some kiddy heads or pay some one else too? Lol

 

[BelizeBreeze]

and why did you not take your son to the police station to file assault charges?

 

[BAByrge]

and why did you not take your son to the police station to file assault charges?

Thats a good question************** Cause the only officer on duty was the one we where dealing with and he told my wife and myself it would not do any good unless an officer witnessed the act.
Can an assault charge still be filed the next day? A police report was filed on the matter. I'm waiting on the other kids' parents to return my 2nd attemped call.

 

[BelizeBreeze]

Thats a good question************** Cause the only officer on duty was the one we where dealing with and he told my wife and myself it would not do any good unless an officer witnessed the act.
Can an assault charge still be filed the next day? A police report was filed on the matter. I'm waiting on the other kids' parents to return my 2nd attemped call.

So, instead of teaching your son that he has rights, you taught him to subjugate his rights because 'someone' told him he has none.

Wonderful.

 

[BAByrge]

So, instead of teaching your son that he has rights, you taught him to subjugate his rights because 'someone' told him he has none.

Wonderful.

Thanks for you helping to open my stupid eyes. After reading your question, I called the county sherifs' office and asked some questions about my sons' rights. The conversation we had was very helpful.

 

[CalifAtty-15]

What is the name of your state? Tennessee

The other boy is a-lot lager than my son and was continuing to taunt my son about giving him another -ss whopping.

My response:

Obviously, the "lager" kid, and your kid wear bib overalls. Two, dufus, idiots.

Does your kid have any balls, or does he go around saying things like, "Duh yup"?

It's scary when a parent has to come to the aid of a sissy teenager. Put your kid in a skirt.

IAAL