OSU Football player - Assault 4

[Absolute]

What is the name of your state? Oregon

Okay this is quite the case. Some of you might be familliar with the other 2/3 cases involving Assault and Oregon State football players---the one w/ the bi-racial couple that got assaulted or whatever...but this one is seperate and is the most recent - and is not all over ESPN, CNN, CBS, etc...(yet)


I was assaulted by a football player, he admitted it, heres the events, of the night.

12/18/2004

-What I remember-
(All times are approx)
10:15pm started drinking
10:15pm - 1:00am = Playing video games/drinking
1:00am-1:50am = walked to bar...bar was closed...went home.
2:00am-2:30am = stopped drinking, kept on playing video games
2:30am = Went outside for fresh air
2:45am = 3 men, 3 women exit nearby hotel (football players/dates).
2:50am = arguement w/ 3 men breaks out...
3:00am = everything is cool...we all agree to hang out when group of 6 returns from getting food. Everyone shakes hands. We're all cool.
3:15am = That group of 6 people return.
3:15+ = One of my friends starts talking smack to one of the FB players.
3:15+ = I jump in, and tell the FB players to just please "F***ing leave"
7:30am = I wake up at hospital, am informed I was knocked out, lost blood, might have dislocated jaw, 2nd degree concussion.
Informed by police officer that I was "sucker punched" by a football player.
I have no memory of being hit, who hit me, or why they/he hit me, or what i was hit with.

-12/30/2004-
Have my first sit down w/ police since waking up at the hospital.
He fills in some blanks as testified by the guy who hit me:

3:20am= (Supposedly) I ignore the guy I was yelling at, and start punching a nearby vehicle repeatedly. Football player tells me to stop, I don't, and then he punches me once in jaw. Doesn't phase me, he hits me again, and I drop.
I hit head on concrete, am knocked out. Football player runs to nearby hotel, calls police/ambulance anonomously, is not heard from for the rest of night.

Comments:
Turns out that at some point, I was hit twice by one of the players. I got a concussion so I honoestly don't remember who hit me, how many times he hit me, or why... etc... I do know that I never touched him, or threatened him in any way. I don't remember punching any vehicle, I DO remember a vehicle Alarm going off.

The police are claiming that I was punching a SUV w/ my fists, that I put 4 huge dents into the front fender. I don't remember hitting the truck. My friends say they don't remember who punched the truck, and the guy who hit me and his friends say it was me. I honostly don't remember. The concussion pretty much wiped out from 3:15am-7:30am the next day. The police officer says this is normal for a level 2+ concussion.

Heres my problem:
If I indeed did hit the truck, then the officer says that the football player can act in a way to protect property. The question is was the force he used too excessive?

Also in Oregon, if you do more then 750$ of damage to someone's property, it is a Felony.

They are charging the Football player with Assault IV - which is a Class A Missdemeanor.

Now they have photos of my fists, from that night while i was in the hospital. 2 of my knuckles are bruised, and 1 is scrapped up w/ blood.

The police officer is telling me that if it turns out to be more the 750$ damage, it will be a felony, and that the force that the kid used is justified in preventing a felony.

What do you guys think I should do?
I
'm planning on talking to a Lawyer tomorrow. The police are "asking" me to keep this hushed up because of the HUGE case involving the other football players. But I really want to go public with this. My case already involves witnesses in Hawaii and Colorado as well as Oregon. Would going public w/ this hurt me or help me?

Any comments are appreciated.

 

[Florid-aise]

The witnesses you mention, say they witnessed you hitting the truck?

If you did not involve yourself physically with any of the FB players, how then did your knuckles get bruised and bloody?

Are you absolutely certain that you want to go public with this one?

In addition, if this was the result of an evening of "Absolute"; then you should forever abstain from tequilla; and under no circumstances - even touch mescal.

 

[BelizeBreeze]

What do you guys think I should do?

Hire an attorney and keep your mouth shut until they tell you not to.

 

[Absolute]

I'm guessing I probably did hit the truck. I just don't remember it because of the concussion.

But is it possible that I would have scraped up knuckles when I fell/hit the concrete? I doubt that people would believe that.

We were drinking beer - I had no more then 7 beers from 10:00-2:00am. I wasn't that drunk. I remember everything up to the point of a couple minutes before he hit me, and till the next morning. I have no memory of the ambulance or anything.

At this point no charges are being filed against me regarding the truck, however I believe the county/DA has already charged the football player with assault iv.

Also, my total hospital bill is just over 4,000$. I had head lacerations, jaw injury, additional memory problems for the next week or so. Not sure if this would help.

 

[Florid-aise]

I'm guessing I probably did hit the truck. I just don't remember it because of the concussion.

But is it possible that I would have scraped up knuckles when I fell/hit the concrete? I doubt that people would believe that.

We were drinking beer - I had no more then 7 beers from 10:00-2:00am. I wasn't that drunk. I remember everything up to the point of a couple minutes before he hit me, and till the next morning. I have no memory of the ambulance or anything.

At this point no charges are being filed against me regarding the truck, however I believe the county/DA has already charged the football player with assault iv.

Also, my total hospital bill is just over 4,000$. I had head lacerations, jaw injury, additional memory problems for the next week or so. Not sure if this would help.

Because you are not an attorney, you cannot see your position (predicament) clearly. (That may also as a result of that head of yours being bumped a time or two). And why BB's post was short and sweet...and how he directly hit the nail on the head.

So, you want to go to court, and tell (and sell the jury), that a group of persons (not one single person, but a group of persons/witnesses) saw you, drunk, hit and punch truck repeatedly while in a rage, told to stop and yet you continued, knocked senseless twice because the first one did not do it, then fall over slamming your head on the concrete, rendering you unconcious; and then you continue with your testimony explaining why your hands were bruised and bloody, when you cannot remember anything of the pertinent parts of this event happening at all.

Every jury in this country would believe that version.

Trust your instincts here, hire an attorney and don't talk till told to.

 

[Absolute]

Okay. I'll do that.

One more question...

The truck that was damaged didn't belong to the guy who hit me. Does the law still allow him to defend property that isn't his responsibility?

I understand you are legally allowed to defend property of yours, but what about other peoples?

Would it matter to a jury that the guy earlier in the evening came at me saying that I was doing "Hitler" like motions, and then later that night assaulted me? If it matters, hes african americian and I'm caucasian.

I never did any such motions, as his friends and my friends confirmed. Perhaps he just had it in for me all along?

I'm not saying that I didn't hit the truck, just that I don't remember. It just seems odd that half the people there say I did it, half the people said I didn't, but everyone saw Him hit me and described it as a sucker punch, followed by him immediatly fleeing the scene and placing an anonomous call to the police.

FYI: The reason I don't have memory of events is because of the concussion. I wasn't "drunk" but buzzed. Even the guy who hit me said I was the most "level headed / sober" person there.

 

[Florid-aise]

Okay. I'll do that.

One more question...

The truck that was damaged didn't belong to the guy who hit me. Does the law still allow him to defend property that isn't his responsibility?

I understand you are legally allowed to defend property of yours, but what about other peoples?

Would it matter to a jury that the guy earlier in the evening came at me saying that I was doing "Hitler" like motions, and then later that night assaulted me? If it matters, hes african americian and I'm caucasian.

I never did any such motions, as his friends and my friends confirmed. Perhaps he just had it in for me all along?

I'm not saying that I didn't hit the truck, just that I don't remember. It just seems odd that half the people there say I did it, half the people said I didn't, but everyone saw Him hit me and described it as a sucker punch, followed by him immediatly fleeing the scene and placing an anonomous call to the police.

The truck issue? That's a judgement call and could be highlighted positively or negatively.

When you get to the the "half said - the other half said" position, it all boils down to credibility, who does the jury believe more, your camp, or his. See? It's a 50-50 toss-up right now. Getta couple of football fans on the jury and that may change the balance.

 

[seniorjudge]

"What do you guys think I should do?"

BB gave you the best exact advice for the legal part. Follow it.

You have a deep and serious drug problem. If you're blacking out, you are in the final stages of alcoholism. (Read: death soon.)

Instead of worrying about publicity and what color you and your adversaries are, you need to start doing something to help yourself.

America's favorite drug is killing you.

 

[Absolute]

I'm not sure how many times I have to say this.

The Police, myself, and all the witnesses KNOW that I wasn't drunk.

The reason I have no memory is because of...guess what?
I recieved a "Severe Brain Injury"

Problems associated with those:

MEMORY LOSS.

To this day (2 weeks since altercation) I am having daily problems with short term memory. Its possible that I will have this problem for up to one year or greater. The Doc says I might never recover.

I'm not sure how I can make this any clearer.

 

[rmet4nzkx]

YOU HAD A HEAD INJURY
You don't remember.
For heavens sake don't go around talking about hitting a truck you know nothing about.
Do as BB said, get an attorney and don't talk to anyone until they tell you to.
Stop drinking, especially after a head injury.

 

[seniorjudge]

"The Police, myself, and all the witnesses KNOW that I wasn't drunk."

Your whole post is a classic and textbook example of alcoholism at its worst.

Please get help.

 

[Happy Trails]

"The Police, myself, and all the witnesses KNOW that I wasn't drunk."

Your whole post is a classic and textbook example of alcoholism at its worst.

Please get help.

Well, you may be right, but I'm not so quick to believe that yet.

My daughter was playing college volleyball and took an elbow smack on the head knocking her to the floor, and knocking her out. She ended up with a severe concussion. She was a space cadet for at least 2-weeks. (a very pleasant, no-stress, happy go lucky gal.)

She had forgotten the last 6-months. Boys she had dated throughout the summer, she still thought she was with her old boyfriend she had broken up with.
She couldn't remember that her grandfather was diagnosed with colon cancer and had major surgery with successful results.
She asked me this Christmas Eve, "What does grandpa have under his shirt?" (she didn't remember the cancer and that it resulted in him needing the bag)
I could prod her memory and then she would recall it, but it was truly freaky.

 

[Florid-aise]

I'm not sure how many times I have to say this.

The Police, myself, and all the witnesses KNOW that I wasn't drunk.
--------
I'm not sure how I can make this any clearer.

Just to clarify my point here. What the witnesses KNOW, and what the witnesses TESTIFY to, can often differ. You must take that reasonable possibility into account. That is what I pointed-out to you, after fully grasping what you had posted.

Well, you may be right, but I'm not so quick to believe that yet.

My daughter was playing college volleyball and took an elbow smack on the head knocking her to the floor, and knocking her out. She ended up with a severe concussion. She was a space cadet for at least 2-weeks. (a very pleasant, no-stress, happy go lucky gal.)

She had forgotten the last 6-months. Boys she had dated throughout the summer, she still thought she was with her old boyfriend she had broken up with.
She couldn't remember that her grandfather was diagnosed with colon cancer and had major surgery with successful results.
She asked me this Christmas Eve, "What does grandpa have under his shirt?" (she didn't remember the cancer and that it resulted in him needing the bag)
I could prod her memory and then she would recall it, but it was truly freaky.

Quite sobering information Happy Trails. Although I'm sorry to have this information at the expense of your personal situation, I still value the weight of the information. It's good to know this.

 

[seniorjudge]

"-What I remember-
(All times are approx)
10:15pm started drinking
10:15pm - 1:00am = Playing video games/drinking
...
I ignore the guy I was yelling at, and start punching a nearby vehicle repeatedly. Football player tells me to stop, I don't, and then he punches me once in jaw. Doesn't phase me, he hits me again, and I drop. I hit head on concrete, am knocked out."

The drug use was before the head injury, according to Absolute's story.

 

[rmet4nzkx]

"-What I remember-
(All times are approx)
10:15pm started drinking
10:15pm - 1:00am = Playing video games/drinking
...
I ignore the guy I was yelling at, and start punching a nearby vehicle repeatedly. Football player tells me to stop, I don't, and then he punches me once in jaw. Doesn't phase me, he hits me again, and I drop. I hit head on concrete, am knocked out."

The drug use was before the head injury, according to Absolute's story.

Unfortunately with the head injury, there is no way to tell unless the questions were appropriately asked, what is direct memory and what is based on what OP was told, head injuries typically have some degree of amnensia, retro/anti grade. While the alcohol was a factor, his memory seems to be aided by what he was informed after the fact, such as it was accused that he hit the other vehicle, although he doesn't remember it, it was related by the person who hit him, and since it wasn't their vehicle raises more quesitons insofar as credibility or the person who hit OP.

Many persons with head injuries don't even know they experience brief LOC and will deny any LOC when asked, it is only revealed with skilled questions of their direct, explicit menory.

What happened was not an alcohol blackout, but a documented TBI and concussion. As a neuropsychologist and TBI survivor I should be able to address this issue. However I still encourage OP to completely quit alcohol or any substance that impairs cognition.