 PA question on third party to assault
What is the name of your state? Pennsylvania
I have a youth drill team that I formed in 2004. We had left a previous drill team run by a gentleman who was an ex-convict, supposed deacon and father because I was seeing funny business with fund raising money. Anyhow, when we had left his team, his kids were constantly confronting our children in school regarding "battling". We told our kids to just ignore them. We purposely set up our practice times to run the same as his group to avoid kids interrupting our practices, etc. We worked out a community center owned by the City of York. He was working out of a church a few blocks away. Nevertheless, we had two occasions where kids from his group were showing up at our practices saying he sent them down to "battle". We told them to leave. This time, however, it was a rather large group of 15, and in coming into the building, they were rude and bumped into a paretn from another youth program in the foyer. This time they were sent away, I decided to stop by his practice and let him know his kids were doing this, just in case he really wasn't aware (small chance). I went into his practice and told him I needed to talk to him urgently. We went into another room, accompanied by another one of his staff and I told him what was going on and said it concerned me because both our groups had the same intention - to keep kids off the street, especially in the neighborhood we practiced and after dark like it was. He just smiled and said, "Oh yeah, I forgot I had sent them to the store". Then he started just attacking me verbally, taunting mainly saying we were "copykats" and the like. I told him he should be ashamed of himself. It got a little loud and the pastor of teh church came in and he plainly told me that I, as a woman, had no right to confront Mr. Smith, being a man. So I told him he was more than welcome to speak with the men in our group as well. Mr. Smith then told me to hold on a minute, got on his cell phone, called someone and said, "Yea, can you bring Shonna down here, I have a problem she needs to fix". He hung up and then said, "I've been waiting a long time for this". I assumed (correctly) that he had called someone (his sister it turned out and his wife brought her) to fight me. I had said I was leaving to go back to our practice, but hopefully he would pay more attention to the children who he is entrusted with during practice hours. When I left, his sister was already standing in the foyer of the church and addressed me, "Is there a problem?" and I responded, "Not with you, no.". So I then got in my car and went back to the center, where I let the other directors know what had transpired and that I was sure he was on his way there also, as him, his wife, his sister and two juvenile girls got into his car when I was getting into mine. Sure enough, they showed up. So two male directors, myself, and the above party went down into the entryway of the center, away from our children, to discuss what was going on. Basicially it boiled down to him and his wife being enraged that I had sent a letter to the pastor of the church he was in to complain, because apparently a month or so beforehand, the director of the city parks & rec had mistakingly assumed Mr. Smith was the one running the drill team at his center because they were on a city-sponsored trip for youth and he mentioned "drill team". So the director went and dropped off the keys for the property to Mr. Smith. We had no knowledge of this and Mr. Smith knowingly accepted these keys and did not notify the city either that he had them. We showed up for practice and were locked out on a Saturday and while waiting for more than an hour for someone to come and open up the building, one of our children was hit by a car while crossing the street to a store to get something to drink while waiting. Her parent was with her when it happened. It wasn't her fault. Either way, when we found out the key situation, we complained to his director of the building he was in and apparently he just didn't like that. When the conversation had ended, his sister just outright punched me in the forehead. I took a step back and told her I was going to file charges and she came at me again. Then the two juvenile girls jumped in and one of the male directors grabbed them, while the other one was trying to get his sister off me. You could plainly hear Mr. Smith saying "Let them go, let them go". Finally, my fiancee (also a director) had come down to see what was taking so long and Mr. Smith and his party ran out of the building. I had a swelling eye and forehead, as well as other contusions, scratches, etc. We immediately called the police and they went to Mr. Smith's house, where he lied to them and said he didn't even know a girl by the name of Shonna (we only had her first name). I went to the ER, but unfortunatley, it was right around the time our practice was over and the kids came down and some saw me before my fiancee put me into our car so it wouldn't upset them. My two children were in the group, so they got in the car and had to see me and were crying. We went to the ER, got treated and filed a claim with PA Victim Assistance program. Myself and my children had counseling. York City then met with Mr. Smith and the pastor to try and see if they could get him to cooperate and give up the people who were involved and he said "You will never find them or find out who they are". He said I "deserved what I got". The local halloween parade was a week out from this, which my children and myself were watching. When their group came, Mr. Smith whispered and pointed at me to some of his older teen members and they started laughing. My fiancee took me away and said it had to bother me because it bothered him. Then my neighbors started booing Mr. Smith when he went by and he then pointed at my daughter and the older girls in his group, as if to say she could fight too and then told my kids, "It is what it is". I had to actually pressure the police department to file assault and terroristic threats against this woman, when they found out at least who she was instead of just harassment. She filed for ARD in the courthouse and was denied. I still never received payment from the VA program.
I was wondering, the police would not file charges against Mr. Smith even when they found out he had lied to them and did indeed know the defendent, and even showed up at her hearing. So can I sue him and his wife in court? I called on personal injury firm here and they said I probably wouldn't get anything unless he had insurance coverage. He has a 501c(3) nonprofit status. I don't know if he had insurance or not. But I am more interested in suing him for his part in the whole thing, because if he had never called his sister, no assault would have occurred.
What are my chances and then what is the statute of limitations for something like this, because I am still undergoing medical treatment? I ended up having a torn rotator cuff and had surgery on my right shoulder. I have nerve damage from this, and I was a medical transcriptionist. I lost my career, as well as had huge humiliation, underwent extensive counseling just to feel safe in the city anymore, as well as having had to get counseling services for my children and the children in our group who witnessed the aftermath of a violent act.What is the name of your state?What is the name of your state? |
08-03-2007, 05:41 PM
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