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Son in Bar fight

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MISTBHAVEN

Junior Member
What is the name of your state; WA.
my son was in a bar drinking he punched some guy who bothered a girl . One punch guy was out cold fight over . Son obviously in the wrong ! And extremey intoxited. Son called cab was leaveing bar. Bouncer hit in head from behind followed by kicking kidneys private area riped piercing from back of neck beating him continualing to parking area etc. Not sure if more than one . Son was charged with excessive use of force. What is that ? police filmed sons injuries. Why ? they have no Drunk tank so he was released. Hours later He was taken to the hospital by GF. He has numeral broken bones in hand Dr said might need bone graft and pins. Cannot use hand or work 6 weeks or more. Will schedual surgery.
should son file assualt on bouncer if not done ?
Why did bar not cut him off ? Police said extreamly intoxicated.
This happened 12-4-04 Son is large man. has 1 prior domestic violence.
I realize he was in the wrong hitting first guy but feel bouncer was wrong fight was over son was leaving. and feel bar should of cut off the drinks. and do not understand this charge I would of thought he would be charged with assualt in some degree. I am sorry if this is to lengthy and appricate any advice. On the good note son swore never to drink again got rid of all liquor at home. Thank you all ( I posted in wrong forum first Sorry )
 


rmet4nzkx

Senior Member
As much as you love your son and realize that he was wrong to hit the other man, you seem to not understand the implications of everything that happened, and have no way, unless you were there and a witness, what really happened.
His assult on the other man was excessive force, he is lucky to have not been charged with more. It is possible the police were called to arrest your son and that he resisted thus the injuries by the bouncer, and as you also admit, he doesn't remember everything and even if he does, you are going to get the version that puts him in the best light. You admit to a history of DV and I would expect, anger and alcoholism, he needs help, just swearing off alcohol is not enough.

Insofar as the injury to his hand, that is a "boxers fracture" and self inflicted, his fault, you make no claim that he was hit there by the bouncer. Was the bouncer preventing him from driving off. While most states have some statute re serving patrons while intoxicated, he can sue them, however if he was already drunk when he came and if he only had a few drinks once there and suddenly became violent they may have a defense, especially if they prevented him from driving, which is the intent of the statutes. The boxer's fracture, surgery and resulting disability is entirely his fualt. His hitting the other man is what put everything in place.
 

MISTBHAVEN

Junior Member
Son in Bar fight. More details

washington state
The version is from son and wittnes that I wrote. On futher investigation The police charged the bar a 1,000. fine for over serving. the bar owner is pressing charges that son hit bouncer. The police have at least 1 wittness who says he never hit the bouncer. six more wittness have stated the same thing. several were 100% sober. Son did hit another man who refuses to press charges said he deserved it. apparently a whole group jumped into a fight. band equipment fell off stage knocking son to floor at thyat point bouncer hit him in back of head and proceeded to beat him. Witness's statements to police. son does not remember. As for hand I do not know if it is from the one punch or something else.
Also son was not attempting to drive had given keys to a friend and had called a cab. The cab was there when police arrived. I still do not understand excessive force verses assualt???? As for a email I recieved point well taken. Son does have prior Dv he is in anger control classes. He kicked Meth several years ago and I feel substituded one addiction for another. He now needs to over come drinking. But this does not justify the bar over serving. In washington st the bar may be liable for all that occured. as it is presumed it would not have happened if not intoxicated. Thanks for your thoughts & appricate all who reply
 

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