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Might charge me with assault, what do you think?

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chrisman

Junior Member
What is the name of your state?State of California
Friday March 18. I Chris, age 21 height 5’11’ weight 190, arrived home from work around 10:00pm, there was only 4-5 people in the house and most of them were familiar faces. My roommate was having friends over for a small social gathering, mostly comprised of SFSU students in his marketing association. Most everyone was drinking casually. I went up to my room, showered and changed and came down perhaps 40 minutes later to join the party. By then there were a few more people, perhaps 15 total. I had a light beer at this point and began socializing. Maybe an hour passed and 10 more people showed up; by this point I had had about 4 light beers. I began to notice there was a group of about 4-6 guys who I had never seen before and whom no one I knew seemed to be socializing with, I didn’t think anything else of it until I heard one of them on the phone say; “no, there is plenty to drink here” or something to that effect. It should be noted there is a small bar in our house which we like to keep stocked for such occasions. At this point I was in the kitchen socializing, meeting people and overheard someone say “(my roommate) is getting punked at the bar.” Instinctively I walked out of the kitchen to see what exactly was meant and saw one of the men I had never seen before behind the bar with Marty (only two people can fit functionally behind it.) I figured maybe he didn’t understand that he lived there and was tending bar. I approached him, he was bent over looking for something underneath the bar on the shelves I assume. I put my hand on his back in a manner you would when trying to politely make your presence behind someone known, and excuse yourself by them as politely as possible. As I did so I said; “excuse me man.”(trying to keep it casual) No reply or acknowledgement was made on his part. I repeated this several times staying as polite as I know how, to no response at all. It was becoming apparent I was being ignored. My roommate standing behind him ( a very un-intimidating smaller guy, who was not drinking. ) told him politely that I was going to help my roommate behind the bar. He then erected himself from his bent position and the way I saw it looked me in the eye aggressively and intimidating, (we were standing no more than two feet away from each other.) I said lowly and calmly in case he wasn’t trying to be offensive said; “oh, I live here and I’m just gonna jump back here and help my roommate make some drinks,” expecting him to comply with no hassle, I was not being in the least offensive. Still not having moved an inch, he leaned in closer to me staring me directly in the eye and his reply was something to the effect of, “yeah? What about it, **** you?” stepping closer to me in a threatening manner, acting in my mind as though he was going to get even more aggressive. At that moment before I could even make a decision about how to handle the situation, my fight or flight response decided for me and I jabbed him once in the face. He recoiled and swung at me, striking me in my left temple, I jabbed once more directly following his and froze up when I noticed I had drawn blood from his nose. (In total, I threw two punches, he was looking me directly in the face when they happened, and I was standing no more than two feet away from him.) He then charged and tackled me, I fell over the wine rack directly behind me breaking bottles and glass. I was now on the floor and before I could get up his friends (whom I believe live in the dorms at SFSU) were standing over me, kicking me on the floor repeatedly. I ducked and covered my face and head with my hands expecting the worst. ( I had a series of lumps and bruises on my scalp which himself and his friends felt with their own hands later that night.) Moments later other people had pulled everyone away and I got up and began yelling for everyone to leave, and in doing so noticed a few of his friends and guests I was not familiar with had taken up bottles in their hands. Myself and others urged everyone to drop them. He was now on the opposite side of the room with his 4-6 friends, some holding bottles, specifically a taller blonde man. He (Jemarco) was screaming for me to come outside. I was very reluctant and said if I went outside his friends would just jump me and he agreed that was in fact what would happen. I believe it was at this point the taller blonde man; the only one who hadn’t dropped his bottle, threw it approximately 10 feet across the room at me. It nicked the top of my head and shattered against the window about 3 feet behind me. His nose was bleeding and it was becoming apparent they weren’t going to leave, and no one could make them leave. They (His friends) were now individually (maybe 2 of them) on their phones calling other friends to come to my house and retaliate more. So trying to diffuse the situation as much as possible I attempted to apologize, much to his dismay. I refused their many requests for me to go outside and pleaded with them not to call more people over. He was adamant still on bringing me outside, and was challenging anyone who looked at him. He then came upstairs to the bathroom to clean himself off, I followed him into the bathroom. He was still screaming to go outside, and that I had no idea who I had messed with. After his face was cleaned off and the bleeding stopped, he began yelling for me to give him money. I told him to come in my room with me alone so we could talk, he was still being loud and abrasive, screaming at me to give him money. Panicking and scared and brought him in my room and gave him the only money I have which was $80 dollars, (he snatched it out of my hands before I could count it aloud) We then shook hands in reconciliation, he put the money in his pocked and seemed satiated. He then became loud again insisting to go back downstairs and drink more, challenging anyone who looked at him still, and sporadically insisting I step outside still. He demanded I pour us drinks and I complied, between the two of us we drank three quarters of a fifth of 80 proof alcohol in a matter of 15 minutes, interrupted by calls to go outside. I felt as though he was still going to retaliate in some way and brought him outside to talk to him personally were he confided to me that I had “swung on the wrong guy.” And that he “grew up with guns, shoots guns, owns guns, and has guns at home.” I’m not sure how or why it was brought up but something was mentioned about his involvement with cocaine, perhaps dealing it by others. This information scared me immensely. I was brutally honest with him, and told him I am only going to school here, that I am originally from San Diego, and that I’m not trying to get myself killed. I had given him all the money I had, and just wanted the situation to diffuse. He stated that he had respected what I had done, and I was now his friend. I still found it hard to feel comfortable with the situation and was very scared, his friends were still inside. We exchanged names, and cellular phone numbers. His name is Jemarco(spelling?), 21 years old, about same build and height as myself, and his cellular number is (415) 793-8207. He said in an intimidating tone that we would be in touch and that he would come over the following day. Unable to sleep and still a little scared, I called him shortly after he and his friends left my house, and left him a message again apologizing and pleading not to do anything rash. The next day, Saturday the 19th of March came and went, he didn’t call me, nor I him and assumed the incident was over. I went in to work on Sunday the 20th from 11:00am-8:00pm without incident and returned home. Around 12:30am I noticed a missed call, and checked my voicemail to find he had called me. I immediately returned the call. He told me that he had been fired from his job (for missing 1-2 days of work?) and that his parents were very upset and wanted him to press charges, and his friends wanted to, “come see me.” He then told me he was “so drunk” he couldn’t remember exactly what had happened, and asked me to recap the events to him, I did so briefly not deviating from this statement except in less detail. He said he mad been in many fights, and knows how to fight and doesn’t know how this happened, insinuating foul play I took it. I told him I had never been in a fight, I had only thrown two punches, and wished I hadn’t. He asked weather I thought my friends had done most of his injuries to him and I explained that the only friends I had there were my roommates (the one behind the bar, and another that that was clearly only trying to hold his friends back from me un-aggressively, whom was later the object of his, (Jemarco’s) desire to still fight.) I told him I had no idea what happened after I fell backwards, I lost sight of him, and was sheltering myself from his friend’s punches and kicks. I proceeded to tell him, I have no money, and the last thing I want is his friends showing up at my house to retaliate. He said that he had a black eye, and it was still swollen, and that he was going to see the doctor tomorrow (Monday the 21st) and he would call me and let me know what was going on, and that we would “defiantly be in touch.” In my attempts to reconcile the situation, he is only leading me to believe he wants to use my fear and desire to diffuse against me and intimidate me as means of extortion. Today is the Monday the 21st and I, as well as my roommates and family feel it is in my best interest to tell the authorities these events exactly as I recall them, in the case either his friends show up at my home to retaliate, or he decides to press charges.
 


JETX

Senior Member
Way, WAY too long and rambling. Hell, I damn near fell asleep twice while trying to read that tome.
 

ENASNI

Senior Member
honk shoo honk shoo

JETX said:
Way, WAY too long and rambling. Hell, I damn near fell asleep twice while trying to read that tome.
zzzzzzz
JETX

Hey man... you woke me up.. APOLOGIZE! :p ;)
 

chrisman

Junior Member
****, sorry.

That was just the police report i made, so i just cut and pasted it! ANYWAY, the super duper condensed version of the story is: 4-6 unknown guys are in my house for a small party. I hear one is harrassing my roomate behind the bar, I go over there and as nicely as i can try to cut in there with my roomate. He got in my face and i reacted, jabbing him in the nose. He recoiled and hit me in the temple, i counter again and connect with his eye. drama ensues his friends gang up on me and one throws a bottle nicking my head and shattering against the wall a few moments before the whole thing is broken up. They dont leave and we cant kick them out after, so this guy with the bloodied up face now wants money. Stupidly i give him eighty dollars after which he still mentions how me has guns, and friends who will come over to take care of me. Im not from the area so im as accomodating as possible, and we become psuedo friends before he leaves.
Then he calls me two days later saying he is thinking of pressing charges, his face is very damaged, he was fired from his job, and his friends want to "handle me." I filed my account in the police report today. Not sure if he even would have a case, but i just thought i would see what people more educated in the legalities of assault had to say about this. what about his threats to my life?
 

CdwJava

Senior Member
Bar fights tend to go absolutely no where as there are often conflicting stories, divergent accounts of events, and rarely ever truly innocent parties.

By your own admission you popped the guy in the nose because he got in your face ... oops. You struck the first blow by committing battery.

The threats by the other parties can be criminal if they are viewed as credible and likely to be carried out. If you are blowing them off, then so will the court system.

My experience is that if anyone gets charged, everyone is going to get charged. But, if all the evidence is contradictory, then the chances of a DA going to court is slim to none.

- Carl
 

chrisman

Junior Member
The only reason i see him even deciding to press charges is if there is something seriously wrong with his face. (i didnt use a weapon and i was standing like 2 feet away) So am i doing the right thing by filing a police report? Can he view that? If he decides to press charges what should my plan of action be?

Thank you so much for the information you have already given me!
 

JETX

Senior Member
chrisman said:
I go over there and as nicely as i can try to cut in there with my roomate.
First mistake!! You had no business 'cutting' in to protect your roommate!!

He got in my face
More likely.... YOU got in his face!!

and i reacted, jabbing him in the nose.
Second mistake!! First physical contact shows YOU as the aggressor.

They dont leave and we cant kick them out after
Why can't you 'kick' them out?? Ever heard of calling the police??

so this guy with the bloodied up face now wants money.
Hmmmm, seems like you 'forgot' to say how this guy got all 'bloodied' up, huh??

Stupidly i give him eighty dollars
Third mistake!! Seen as a sign of guilt.

Then he calls me two days later saying he is thinking of pressing charges, his face is very damaged, he was fired from his job, and his friends want to "handle me."
Sounds okay (up to the 'handling' part). Based on your own words, it looks like YOU are the aggressor and that the 'victim' may have a valid claim of assault and/or battery against you.

what about his threats to my life?
What about them?? Do you feel threatened?? Do you honestly feel that he might carry out his threat??

As you can see, I don't have a lot of sympathy for you in this matter that YOU caused... and very likely escalated.

The only thing worse than a macho prick is a drunk one.
 
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CdwJava

Senior Member
chrisman said:
The only reason i see him even deciding to press charges is if there is something seriously wrong with his face. (i didnt use a weapon and i was standing like 2 feet away)
Weapon or not, you can still be charged. If he was disfigured in any way - or his injury required medical treatment - you can be charged with a felony.


So am i doing the right thing by filing a police report? Can he view that?
If it goes to court - you bet he can read it. I have no idea whether filing a report was the right thing or not ... it sets your position in to place, so hopfully your story does not change.


If he decides to press charges what should my plan of action be?
Hire an attorney because you will likely be facing charges for felony battery.

- Carl
 

BelizeBreeze

Senior Member
JETX said:
The only thing worse than a macho prick is a drunk one.
I have to disagree here. The only thing worse than a macho prick is someone PLAYING at being a macho prick without the cajones to back it up.

Which, from the scared little punk routine we see here, fits our poster to a T. :D
 

chrisman

Junior Member
Actually

If you would have read the whole post, he came into MY house uninvited with his friends, got behind MY bar, which i only wanted to "cut in" to quietly and non aggressively show that its not a self serve. (everyone else was being polite and waiting for their drink to be poured.) He told ME to "**** you" while i was being polite and im not trying to make myself sound like an angel, i hit him first. But to answer your question, YES I DO FEEL THREATENED AND I TAKE HIS THREATS VERY SERIOUSLY. He mentioned he has guns at home and that he deals cocaine (trying to build himself maybe) but im new to the area and have to take his threats legititamately. I felt threatened in my own home and reacted. i will take the heat for that, but if he wants to take me to court he cant be threatening violence in the same breath. When i say i couldnt get them out of my house i mean his number of friends outnumbered mine, and they refused to leave, i panicked and didnt call the cops in fear i would get arrested. (he didnt seem to want that either) Im just trying to take responsibility for my actions, if he wants to take me to court, i cant stop him, but he needs to stop threatening me and asking for money.
 

JETX

Senior Member
chrisman said:
If you would have read the whole post, he came into MY house uninvited with his friends
Lets not lie about this. This is NOT your house as your own post says you have roommates. Clearly someone allowed him in.... since he was.

got behind MY bar
Who 'owns' the bar is not relevant.

which i only wanted to "cut in" to quietly and non aggressively show that its not a self serve.
Your previous post said, "I hear one is harrassing my roomate behind the bar, I go over there and as nicely as i can try to cut in there with my roomate."
So, which is it??

i hit him first.
Pretty much says it all!!

I felt threatened in my own home and reacted.
HUH?? Your first post makes NO mention of the threats before you hit him. Now you imply that your hitting him was a reaction to this threats. So, which is it??
 

JASMIN54

Junior Member
Hey!

Everyone seems to be chewing your story to bits and pieces and ASSUMING you are trying to cover up your part in this fiasco. for all of you making these ASSUMPTIONS you should know that ASSUME
means You make an ASS out of U and ME!!! If any of you have ever paid attention in english class you would know this.

Yeah you threw the first punch, but the fact of the matter is, these people weren't invited( they may have heard about the gathering through Word of Mouth amongst other friends and just showed up) Believe me its happened to me, with or without Roomates its happened to others. You wanted to keep the party fight free, no harm in that, and the guy obviously started the whole thing by disrespecting you. Look if you really feel scared by this guys threats, go to the police, be completely honest with details, and things will work out. It wasn't a Major fight either, 2 punches thrown, Wow, and they assaulted you after that when you fell to the ground and they proceeded to kick you, further more he is extorting money from you which proves in and of itself that he knows you can press assault charges on him and win.

Terri :)
 

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