Minor assaulted in hotel room with gun

What is the name of your state?What is the name of your state? North Carolina
My little brother was assaulted with a gun in a hotel room. He is only 17. All other people that were there were over 18. He was sleeping when the assaulters entered the room with a gun. He says he didn't feel threatened since he had met the guys before and never had any trouble with them. He went back to sleep after seeing the gun and woke to being beaten in the head with the butt of the gun. He was struck several times and sustained major injuries. He had to have several stiches to his face, staples to the back of his head, had a broken jaw and lost a significant amount of blood. However, after the first blow to his head he went unconcious and can't identify exactly who did it. He was taken to the hospital by me. After the hospital, my mother took him to our primary care doctor who said the hospital did the worst stiching job he had ever seen and didn't even give him any antibiotic ointment for his wounds. The detective working the case says he knows who did it from talking to the other people in the room, but if my brother can't identify him he can't do anything about it. The detective also says even if my brother can identify him, (how can you identify someone who has just knocked you out in your sleep?) he can only charge the guy with a misdemenor. All the people in the hotel room have had previous records... some assault, resisting officer/arrest, larceny, possession of drugs, possession of dangerous weapons, etc....Our whole family is on edge and worried there will be another attack because of who was involved in the assault (supposed gang members)although my brother is not in a gang. Another aspect was that the hotel called up to the room and told them to try and mask the smell of marijuana, so they knew there was illegal activity going on. Can the hotel be held responsible for anything since they knew these were "kids" partying and someone was obviously doing drugs? Can the hospital be held responsible for aweful care? Why can't they charge the perp with assault with a deadly weapon or even attempted murder??? What other venues can be pursued to protect our family and get some justice? We want more than a misdemenor that carries a $50 fine!!!!! Can we sue?
Thank you for your time.

So let me get this straight -- a 17 yr old (ie, a child) was visiting a hotel overnight on his own, unsupervised, sharing a room with people with criminal records, who were smoking up, and someone entered the room and beat the child with a butt of a gun.

I recommend foster care.

Shortbus a 17 year old isnt a child no matter what you say or the law. As a quasi adult they should and will be held accountable for their actions. If its serious enough. You were 17 once should a violent crime be excused just because of a few months in your age? NO it shouldnt.

I m real close to a family with 2 17 year old twins and wish I could take a stick to them. They are entitled to their parents money and such..... BULL****

Its 18 then adios ungrateful kids.

Shortbus...

shortbus said:

So let me get this straight -- a 17 yr old (ie, a child) was visiting a hotel overnight on his own, unsupervised, sharing a room with people with criminal records, who were smoking up, and someone entered the room and beat the child with a butt of a gun.

I recommend foster care.

Click to expand...

Shortbus... did you get off one?... that's what I said... unsupervised - without permission and was beat with a gun. Regardless... in the state of NC, it's a felony to steal someones pine straw, but a misd to assault someone with a deadly weapon and cause serious bodily injury. Furthermore... if you aren't an attorney or anyone with constructive advice... do not respond. When you were 17, didn't you make some stupid mistakes??? Of course you did. Regardless, this was a crime that is too serious to be a misd. and we want to pursue charges greater than a misd. - I just want to know our rights (probably not from someone who calls themselves "shortbus")

Child or not...

Someone should be held accountable with more than just a misd. - if it were your child how would you feel??? 17, 18, 19, 30.... it shouldn't matter. A crime of this nature should be taken more seriously. The guy who actually got the hotel room has been told to stay away from my brother in the past, but ignored my mothers advice. 17 year olds don't always make the best of decisions, but to be beaten in your sleep by a weapon and to sustain such injuries is outrageous. And just because my brother made a stupid decision (which we all have) doesn't negate the fact that he was assaulted and could have died in the process.

Anyone with REAL ADVICE???

Please help if you have any real advice... Mr. Shortbus seems to be of no help and in all actuality seems to be more ignorant than my 17 year old brother.

has anyone else confirmed that your brother was sleeping when attacked? Was anyone else attacked? If no, why do you believe your brother was attacked?

Who rented the room? Did your parents know that your brother was spending the night in a hotel room with other guys who were partying?

Forget about suing the hotel, smoking weed doesn't lead to an assault.

if the stitching is bad, you might consider a claim against the hospital.

Your brother can also sue the guy who beat him since there were witnesses. Do you think the guy has any assets?

Questions answered to the best of my ability

stephenk said:

has anyone else confirmed that your brother was sleeping when attacked? Was anyone else attacked? If no, why do you believe your brother was attacked?

Who rented the room? Did your parents know that your brother was spending the night in a hotel room with other guys who were partying?

Forget about suing the hotel, smoking weed doesn't lead to an assault.

if the stitching is bad, you might consider a claim against the hospital.

Your brother can also sue the guy who beat him since there were witnesses. Do you think the guy has any assets?

Click to expand...

Thank your for your sincere interest...
1. Yes, there was one other guy there (the one who actually rented the room) and he confirmed that he and my brother went to sleep around the same time (approx. 2 AM) when everyone left the room ... they both had to be at work the next morning. The guys that attacked him came back to the room later (around 3:30 in the morning). The guy who rented the room actually gave the "attackers" a room key because they said they were coming back later on that night, but no one thought they were going to do what they did. No one else was attacked, but we later found out that 1 of the 4 perps was on the phone with my brothers girlfriend about 5 - 10 mins. before the attack happened and she is a drama queen if there ever was one. The girlfriend had the exact time the guy called her and didn't reveal this information to us until about 1 week later (trying to save her own a**)... anyway... from what she says, the guy that called was saying "F*** (brother's name)... he is gonna get F'd up..." However, my brother didn't hear this conversation since he was sleeping. Sorry to make this so long, but he isn't a small boy (my brother) and he had no defensive wounds that would be consistent with a fight... and the detective has cooborated (<-- sp?) his story with the other witnesses to the beating.

2. The guy who rented the room has been told several times to stay away from my brother. He is 21. My brother absolutely DID NOT have permission be to be out all night, nonetheless at a hotel party with these people. Our parents are divorced and he was, at the time, in the custody of my father. He is now, since the attack, been back in the custody of my mom and has stayed out of any and all trouble. I won't deny... my dad isn't much of a parent, but my brother did not have permission and we had no knowledge of what he was doing... neither did my dad.

3. I seriously doubt that any of these guys have any assets, but if I understand correctly, and please do correct me if I'm wrong... if we sue now and they ever come in to anything asset related we can pursue with claiming something then. ?

4. Smoking weed doesn't lead to an assault - I agree... however, one of the guys there when the attack happened is a crack dealer.... something we've found out since the attack. Crack smoking can lead to someone flipping their lid, so we don't know if that had anything to do with it. Like I have said... 17 year old make stupid decisions... even 40 year olds do... but I don't think my brother would have stayed sleeping in the room if he felt in danger. He has told us since all this happened that he is actually known to prefer sleeping in the bathroom - kind of a joke with his friends - so I'm pretty sure if he felt in danger, at least he would have moved into the bathroom to sleep I know... it's odd, but he says he prefers the tub to the floor or bed if he has been partying. Believe me... I don't get it either.

Again... Thanks for your time

keep in contact with the detective and the prosecutor. You should retain an attorney for your brother to also contact the prosecutor about felony charges against the attacker.

Yes, if you sue the attacker and win a judgment you could collect against current assets and future assets within the time limits set by North Carolina.

Thanks

Thanks stephenk