charged with aggravated assault deadly weapon

[omar adv]

to make a long story short

I was arrested on Thursday. Denied bond on Monday, indicted on Tuesday, released 22 days later.

I was charged with arm robbery + other crimes, indicted on agg assult with deadly weapon and 2 other counts...

anyhow, lawyer got 2 other counts gone or dropped or whatever legal term a person can use.

as it stands, i am charged with agg assult with deadly weapon.
This occurred in a gated community where i hold a lease in my own name. i have a concealed carry permit.

the accuser called the police and said i tried to rob and shoot him.

in the police offense report, the guy tells the police i walked up to his vechile, looked in his window, flashed him my hand gun, he knock me down with his car door, i tried to take out my handgun and point it at him, he took my hand gun from my person, he threw my handgun, then a struggle began.

in the guys witness statement, the guy states that i appeared supicious and i touched something on my belt so he rushed out the car and tackled me, then we began fighting, during the fight, i attempted to pull out my hand gun, [so now I didn't flash him my handgun?]

the police arrive, i'm unconcious, the guy has my weapon and my wallet which contained money and i'm arrested and charged and i wake up the next day in jail.

In reality, the guy blind sided me, pistol whipped me, broke both eye orbits and 2 other face bones and i was knocked out.
per the medical reports, i was "assaulted with a gun to the face" and suffered from 4 facial fractures.

my lawyer gave the courts my lease, my car title and my concealed carry permit, i was then issued bond. she also got the other two charges dropped (criminal att to commit armed robbery, carrying concealed weapon without permit)

I then had to break my lease, pack up my things and move from that apartment per bond orders. I'm now living with my brother. I got a letter the other day in the mail stating I have a final plea and trial is next month

what is really going on here? NO one asked me any question(s), I woke up in jail, I spent so much money already, the guy attacked ME, i lived at the freaking place, I don't even know this guy or can recongize him, I remember him being light in tone. I have proof the guy pistol whipped me, its in the medical reports, where the doctors says "patient assult with gun to the face", and that the doctor and the nurse both agree per the report

I spent so much money already, now I have to go to trial and spend more money on a private investigator to follow this guy and run a background check? I don't even know if he lived there.

What higher authority can I talk to to make some realize these charges are not true, the police charged me, the DA indicited me, so those two are out of the picture, is there a motion i can file, i filed discovery already, they gave back the police offense report, i had to go the courts for months to get the witness statements, i did a Open records request to get the discliptary history of the officer. Who do I call? The govanor? Senator? GhostBusters? WHO?

What more can I do, whats my defense, my lawyer says she wants to show the other guy as the aggressor, the other guy didn't suffer any injuries (per police report)
I'm going to supeona the 911 tapes.

i have no criminal background.
there was no witnesses on the indicetment and I Don't think anyone saw what happen - I don't know.
There were 3 officiers listed as witnesses on the indicetment, the arresting officier, the sergant and some investigator.
I think it was only one cop who was there who arrested me, then again I don't know I'm unconscious

should i get a new trial attorney?

 

[FlyingRon]

You need to let the lawyers handle it. There's no "higher authority" you're going to get to talk to prior to your court appearances. The lawyer can work on the prosecutor to discover the evidence against you and try to convince them that the case isn't triable. However, it appears they had enough to get an true bill from the grand jury, that's not likely to occur.

 

[CdwJava]

I'm flabbergasted that the medical report would indicate WHAT was used to attack you since there is no way they could have made an independent conclusion about the nature of the weapon used to bust you up. I have yet to ever see a medical report state anything close to identifying the weapon used in a physical assault such as this. Perhaps, "blunt force trauma consistent with that inflicted by a heavy object" or some sort of similar language, but stating that the force used was a pistol?

If they made such a statement in the report it was because someone told the doctor that it was a pistol that was used and they ran with it. This is not common from what I have seen, and it could land them in a legal hot seat later on.

As for the rest of it, consult an attorney. Something gave the police probable cause to arrest you and made them believe you committed this offense.

What state are you in? I know it's not my state of California because you would not have been so easily able to get the disciplinary record of one of the officers.

What statute have you been charged with violating?

 

[omar adv]

I have been trying to determine how do I get the records from a Grand Jury hearing in the state of Georgia.

 

[CdwJava]

I have been trying to determine how do I get the records from a Grand Jury hearing in the state of Georgia.

Grand Jury matters tend to be closed affairs. You may not be able to get a record of the proceeding, only the information and the indictment.

Your attorney should be able to get that information for you.

 

[omar adv]

I am charged with O.C.G.A 16-5-21
agg assult with deadly weapon

The medical report states this
"26m assulted with unknown object"

Then

"Patient confused on arrival, over time sensiourm cleared, pateint states he was locked out his apartment, a bmw pulled up, he tried to ask for help but was instead pistol whipped"

Then a few pages later it says
"I saw and evaluated the patient. Discussed with resident and agree with resident findings and plan as documented in the reidents note' 26m s/p assult with gun to face. "

then
plastics evaluated the patient. patient is to follow up wth plastics on mondayfor diret admission to surgery
----
No one in the jail told me I had broken face bones or that I was suppose to get sugery, I just remember it hurt when I chew food. Also my eye sort of locks funny now, I went back to plastic sugery people and they told me it already started to heal and the way you explain the "new me" is tell people you were involved in a altercation when you were younger and my eye looks this way because of it.


Am I making sense to anyone?
I don't know what probable cause they have but I do know the police have my weapon because the guy had my weapon and he gave it to the police. It was put into evidence. The guy also had my wallet.

 

[CdwJava]

Okay, now that makes sense. The doctors were indicating what was told to them, not drawing a conclusion that you were, in fact, hit with a gun in the face. The report concluded, as I would suspect, that you were assaulted with an "unknown object."

At this point about all you can do is allow your attorney to do his job. If you were the victim, that should come to light.

Had you been drinking? Using medication or drugs? That might explain some elements of the situation.

 

[omar adv]

no drugs.
drinking = yes
mediciation = no

why might alcohol explain some elements of the situation?

It almost sounds like you've heard of a situation like this before?

also i was orginally arrested and charged with armed robbery

 

[CdwJava]

no drugs.
drinking = yes
mediciation = no

why might alcohol explain some elements of the situation?

It almost sounds like you've heard of a situation like this before?
Please share your experience.

Alcohol can account for gaps in your recollection, can account for behaviors that you might not see yourself doing, and can cause some radical behavioral changes as judgement and self control disintegrate.

It might account for your actions and why you might have done at least some of what you are accused of. It is unlikely that you simply walked up to some guy and he pistol whipped you. There has to be more to the tale and perhaps you do not recall it. The story he apparently spun (based upon your account of the police reports) can make some sense if you were inebriated to some degree ... and, if so, having your gun on you while wandering about your community while inebriated would be a tad bit scary.

 

[omar adv]

Oh OK I get where your going with this but in all honesty, I remember what happen.


You are correct, there is more to the story. The man really did have a weapon, the man really did attack me. He really did spun the story, for some UNKNOWN reason the man felt the need to beat me sense less and he suffered no injuries and if I have a weapon as alleged by the indictment, and I really did point it and threaten to shoot the man, how on earth did he beat me so bad and why didn't he have one scratch on him? and if someone is pointing a handgun at you and threating to shoot you, how on earth do you become superman and be not afraid and attack me.

I don't know anything about the law as I am not a lawyer, this guy gave inconsitence statements and two different version(s) of events.
IN version 1, i flashed him a handgun, I was walking I suppose drunkenly looking in car window to car window and I saw him, flashed him a weapon then he fought back
In version 2, I was walking looking supicious touching something on my waste, he turned off his car, I noticed and tried to see if I could see, then started to reach in my waist, so he rushed out the car and tackled me and we began fighting

Don't forget, I live there, the lease is $1281/month, I had a home office and one bedroom. The lease is 14 months. I have a concealed carry permit. The man said I tried to rob and shoot him.
The man is lieing, point blank. Why don't they drop the case so I Can sue this guy for medical bills and lawyer fee's.

Instead I am paying a arm and a leg in attroney fee's and this damn PI i have to get to run background checks on this accuser to in the event it goes to trial.

Is the ADA really trying to send me to prison? Is he really is trying to get a conviction? What is it going to take to convince this guy to drop the case?
Why doesn't he return my lawyer's phone call, she must of called him a dozen times and left messages.

They originally had 5 counts, the indictment true bill returned 3, its down to 1 now and they declined to prosecutor on the armed robbery charge.

The case is defective. I know it to be. What possible reason(s) can I file in a motion for a dismissal?

 

[justalayman]

what was your blood alcohol level at the hospital? How long after the altercation were you at the hospital?

who called the police?

 

[CdwJava]

I could have sworn that your first (pre-edit) post indicated you drove into the lot in your car prior to the confrontation ... so, were you driving while impaired?

Was your gun at the scene?

SOMETHING gave credibility to his story sufficient to get the charges filed in the first place. No one can say whether the DA will prosecute the remaining charge or not. We do not know why it has not been dropped - perhaps it is because the DA believes they can get a conviction on the allegation.

No one here can give you answers to questions about people and situations we are not privy to. About all you can do at this point is rely on your attorney to do his job. And if the matter is dismissed, you might be able to sue the other guy for damages, but he can still claim self defense and unless such a claim has been soundly refuted by whatever evidence comes up you may not even prevail on that one. Having no charges filed or even being found not guilty is NOT the same as being innocent of the accusations.

 

[omar adv]

I see where this is going.
I am not a toxicologist so I do not know if I was impaired or not. You would have to ask the medical examiner this question. I do know in my entire 8 year driving record I never was given a ticket or sanction for DUI. I do not believe I was impaired to drive, I do know prior to the encounter I was with a friend and he did purchase me two heinkien sized beer bottles at a drinking establishment roughly 300 feet from my home of residence.

Yes my gun was at the scence, the guy had it in his pocket as well as my wallet which he claimed fell out during the struggle while he was attempting to "restrain me", my wallet that is. My weapon he says I tried to take it out during the fight and he threw it away.


In response to justalayman question, BAL was - it does not show it on the medical report, it says

Tabocca: YES
Alchol YES: Drinks
Drugs: YES (must of been weed)

I am a pot smoker, yes I smoke POT.

Timeline is like this:
Unknown what time I arrived (need to get video tapes from complex)
2:04am: Police Called (unknown what time they arrived)

2:27am: - Called recieved ambulance
2:37am: Their on the scene

Ambulance report states because of closed gate, had to wait for police officer to let them in [I was locked out, like what I was saying]

2:47am: Patient Contact
3:02am: Left scene
3:18am: Arrived at hospital
8:00am Left hospital went to jail

Also my clothing, pants, shirts, sneakers, genuine leather conclealed carry holster and my DMV driving license was not with my property. No one knows where it is.

Out of this conversation, I gathered the following:
Get the recipients from the drinking establishment
Get the video tapes for me entering the garage via cameras that shows the TIME of the two women who let me in

 

[justalayman]

why would any women have to let you into the garage at your own housing unit?

Also my clothing, pants, shirts, sneakers, genuine leather conclealed carry holster and my DMV driving license was not with my property. No one knows where it is.

so this guy stripped you down naked, called the police, and the police didn't think it odd you were naked?

Ambulance report states because of closed gate, had to wait for police officer to let them in [I was locked out, like what I was saying]

where did you say you were locked out?

In reality, the guy blind sided me, pistol whipped me, broke both eye orbits and 2 other face bones and i was knocked out.
per the medical reports, i was "assaulted with a gun to the face" and suffered from 4 facial fractures.

so this guy blind sided you and pistol whipped you with your own gun? Just how would he know you had a gun and how would he have gained possession of your gun?

I then had to break my lease, pack up my things and move from that apartment per bond orders.

Why did you have to move? That doesn't make any sense by itself.

who called the police? If the other guy, just why would some guy bum rush you for no reason, beat the Hell out of you, have possession of your wallet and gun and then call the police and wait for them to show up?


Your story makes less sense each time you try to explain it.

 

[omar adv]

I lived in a secure gated community, atleast I believed it was. There is a parking garage. Inorder to gain entry to the garage you need to have a garagage buzzer. I did not have my garage buzzer. I only had the keys to my apartment. There were two women on the opposite side of the garage gate. I drove to the gate, I saw them walking on the opposite side of the gate. I asked them to press the button on their garage key to let me in. They pushed the button, The gates open, I drove in.

--
The guy did not strip me naked. My clothing was taken from me at the hospital I believe, because I can recall a women in a blue nurse suit undressing me.
---

I was locked out, there are two entries to this apartment complex. You drive in throug the gargae. You go to your parking spot on your level. You exit your vechile. You use your keycard (buzzer) and swipe it to allow you to exit outside of the gargage into resident housing.

---
The reason I had to move is because per my bond order, I had to stay away from the incident location. I lived and held a 14 month lease in my own name at $1281 per month at the incident location for a one bedroom with a office.

-----
I do not know who called the police, someone did. I do not know why the guy beat the hell out of me, I am not the guy. The guy did infact have my weapon and wallet upon police arrival as that is what is written in the police offense report.

I fail to see which part of the story does not make sense to you. I was assaulted, arrested and accused of armed robbery. I spent 22 days in jail and was released on 30,000 bond. I was indicted within 72 hours. The accuser fractured several facial bones, he did not suffer any injuries. The accuser gave two differing version of events. The guy did not beat me with my own gun, he had his own. I saw it prior to him rushing and tackling me. Well I saw a object, I do not know if it was a gun, per the medical reports it was a gun to the face.

I do not know why the guy did it. Perhaps he was a drug user looking for a easy score. Perhaps he thought I really was attempting to rob him, I do not know, perhaps he was angry that day and wanted to beat someone up. I have no idea. When they put the guy on the stand my lawyer can find out.

why would any women have to let you into the garage at your own housing unit?

so this guy stripped you down naked, called the police, and the police didn't think it odd you were naked?


where did you say you were locked out?

so this guy blind sided you and pistol whipped you with your own gun? Just how would he know you had a gun and how would he have gained possession of your gun?


Why did you have to move? That doesn't make any sense by itself.

who called the police? If the other guy, just why would some guy bum rush you for no reason, beat the Hell out of you, have possession of your wallet and gun and then call the police and wait for them to show up?


Your story makes less sense each time you try to explain it.