A
Andrea Rose
Guest
Hi there, Thank you for your interest in my dilemma.
This is a somewhat complicated situation but I will try top stick with the facts that relate to my question.
I have a nephew who is really bad on drugs. One morning I woke up with him in my bedroom attempting to steal my prescribed Xanax. When he refused to leave, I pulled my 357 out and told him I would shoot him if he did not and threatened to call the police. He laughed and told me he would just tell them I was crazy and they would not believe anything I said as I have a known condition of mental illness( Anxiety disorder and depression). He did however believe I would shoot him and so he left. I kept my gun by my bed and fell back to sleep. It wasn't l;ong when I awoke to a room full of police officers who were responding to a report by my nephew that I was suicidal and had threatened to kill myself with my 357. The officers noted that in fact I di have the gun beside my bed. I angrily demanded they get out of my home but they were convinced my nephew was sincere. He had told him he was unable to awaken me and that I had taken an entire bottle of my pills. I was unable to convince them otherwise. The EMS personnel who also responded asked if they could check me. I stated they did not need to check me. I was obviously not unconscious as my nephew had reported and my bottle of pills was right there except for a few that fell onb the floor when I was taking them awqay from him. The emt gathered the pills on the floor and counted them along with what was left in the bottle and reported to the police that only 3 pills were gone and it was just filled. I asked the officers if I allowed them to check my vital signs and they said I was ok, would they leave and get out of my house.They again refused and they forcibly handcuffed me and ddrug me out of my home on a busy street for everyone to see and took me to the police station where I was detained for approx 2 hours awaiting an adult protective sefvice officer to arrive. Once ther, He spoke with me briefl;y and demanded they release me stating they had no grounds. I left them with a few unladylike names on my out and walked back home. upon arrival, I found my home had been burglarized and I was mising a large amount of cash and power tools. I also had to track down my son tyhey had sent to my pastors house. It was a nightmare. When police came to make a report, they accused me of doing it myself because as they said "I was so angry" Finally, one officer reported that my 357 and my pills were removed by my nephew and his mother (my siste).i demanded they go and retrieve any of my property they had knowledge of its whereabouts immediately.They tryed to tell me they couldn't do anything about it. I told them I did not give anyone permission to enter or remove anything from my home and that my medication was a controlled substance prescribes to me and anyone in possession of it was acting ileally. They had no argument for that and so they brought back my medication but then denied any knowledge of the whereabouts of my gun or other property.They refused to fingerprint the beer stein I had 2700.00 in cash stolen from. Later that evening my nephew threatened to beat me up if I told the police he stole my stuff and at one point came at me but stopped short of my property line as he seen I had armed myself with a baseball bat. I began calling the police and demanding they get my property back from my sister whom they allowed to remove it.
Finaaly by the next day I had exhausted all attempts to convince them they had been suckered and had made a few enemies of the ones I pointed it out to. So I called them one last timeand told them if they would not do their jobs I would have to go and asd try to get it back myself but was unsure what would happen. I drove to my sisters home where my nephew and niece were staying there temporarily. I parked in the street taking care not to go onto her property. I honked my horn and got out of my car and sttod there behind my car door. She came out and I asked her to return my property. "She denied she had it. I told he I had a copy of the police report which stated she at least was in possession of my gun. She continued to deny she had it and stated if she di, she wouldn't give it to me. I told her I was not leaving until she returned it and told her to call the police and ask them if I didn't have the report. .
She stepped inside her house to get the pohone I assumed and as she did I seen her son coming out from behind her house. He is a big man 6'3" 200 lbs and he was coming right at me. I felt safe in the street and behind my door not believing he would dare touch me. I thought wrong, He said "you're close enough to our ****ing property bitch" and he grabbed me and drug me to the curb and then threw me as hard as he could onto their driveway. The rocks left gashes and bruises in my elbows, feet and hands. Before I could get up, he stomped me with his boots on my back three or four times knocking my breath away and severely bruising my ribs , leaving 3 or 4 5 to 6 inch bruises on my back. Then as I was geting away from him, his sister stepped in and the next I new she was on top of me clawing at my face, bloodying myt nose and choking me. I was able top bite her on the arm tio force her to release her choke hold. Then the police arrived.Still angry from me calling them incompetent, they immediately arrested me never even asking what had happened. On the way to the police station, I began having severe chest pain and so was taken to the hopspital where the Dr advised it was due to the severely bruised ribs. Meanwhile I had the nurse call aother sister and she and her twop xchildren came to my rescue. My nephew laughed and bragged about dragging me out of my car.to them. They both signed statements to that affect but the officer insisted on arresting me anyway. It cost me $300.00 to ond out and the judge was even rude to me stating I was lucky he didn't file on me for domestic violence which would have been a 10,000.00 bond. I said nothing realizing I had been marked for standing up to them and telling them how stupid they were. They realized the only way they could save face is to make me out to be as crazy as my nephew reported. Even one of the officers told me off to the side that it would be best if I moved away and that they were geting by with what they were doing and they would continue as long as no one was there to stop them. Hard heade as I am,. I marched straight from the jail back to the pd the next day after bonding out and filed assault charges on my neice and nephew and told them what really happened. The police refuses to persue prosecution which they stated they were not oblodged to do. They reported they had sent it to the county attorneys office for him to decide if he wanted to persue it. They also continued to refuse to return my property to me that they had knowledge was in my sisters possession. Anyway that goes on but on the assault charges it is coming up on two yearsand though I have provided documentation in the form of hospital and dr records and photos which give strong credibility to my complaint as well as having two statements on file that he admitted to it. They still refuse to prosecute. I even had my attorney call and put pressure on them and it sdoes no good. It outrages me to have a man do what he done to me and then laugh about it and they have to have a good idea that he is lying and they will not prosecute him . I don't care about my niece so much. It is wrong but to have a man do that and they are condoning it is more than I can take. I am desperately trying to find some button to push that will force them to prosecute him but I am lost as to the law. I thought they had enacted tougher domestic violence laws and I thought it was illegal for them to drop or . refuse to file a complaint without the victims consent. They have no idea how far reaching their acti0ons are. I have not left my home in over 6 months I mean not left it at alkl for anything except to drive my boy to school . I am afraid of the police. I am afraid of my nephew who has already thrown roofing nails in my dricewqy and my son punctured his foot on one. He drives by and taunts me laughing at having been able to strip me of any rights by convincing the police I am crazy although he has a criminal record a mile long and spent two years in jail for felony theft.The police have already falsly charged and arrested me twice subsequent to then for boguss felony charges , assaulting me after I was arrested and telling me they were going to see tahat I went to prison. I have that tooto contend with but for right now. I want po know what can I do to compell them to prosecute the assault on me by my neice and nephew. or if they don't, What are my recourses? The 2 year statute will be up in the first week of March of this year 2001. I live in Texas. Please Advise me of my options.
This is a somewhat complicated situation but I will try top stick with the facts that relate to my question.
I have a nephew who is really bad on drugs. One morning I woke up with him in my bedroom attempting to steal my prescribed Xanax. When he refused to leave, I pulled my 357 out and told him I would shoot him if he did not and threatened to call the police. He laughed and told me he would just tell them I was crazy and they would not believe anything I said as I have a known condition of mental illness( Anxiety disorder and depression). He did however believe I would shoot him and so he left. I kept my gun by my bed and fell back to sleep. It wasn't l;ong when I awoke to a room full of police officers who were responding to a report by my nephew that I was suicidal and had threatened to kill myself with my 357. The officers noted that in fact I di have the gun beside my bed. I angrily demanded they get out of my home but they were convinced my nephew was sincere. He had told him he was unable to awaken me and that I had taken an entire bottle of my pills. I was unable to convince them otherwise. The EMS personnel who also responded asked if they could check me. I stated they did not need to check me. I was obviously not unconscious as my nephew had reported and my bottle of pills was right there except for a few that fell onb the floor when I was taking them awqay from him. The emt gathered the pills on the floor and counted them along with what was left in the bottle and reported to the police that only 3 pills were gone and it was just filled. I asked the officers if I allowed them to check my vital signs and they said I was ok, would they leave and get out of my house.They again refused and they forcibly handcuffed me and ddrug me out of my home on a busy street for everyone to see and took me to the police station where I was detained for approx 2 hours awaiting an adult protective sefvice officer to arrive. Once ther, He spoke with me briefl;y and demanded they release me stating they had no grounds. I left them with a few unladylike names on my out and walked back home. upon arrival, I found my home had been burglarized and I was mising a large amount of cash and power tools. I also had to track down my son tyhey had sent to my pastors house. It was a nightmare. When police came to make a report, they accused me of doing it myself because as they said "I was so angry" Finally, one officer reported that my 357 and my pills were removed by my nephew and his mother (my siste).i demanded they go and retrieve any of my property they had knowledge of its whereabouts immediately.They tryed to tell me they couldn't do anything about it. I told them I did not give anyone permission to enter or remove anything from my home and that my medication was a controlled substance prescribes to me and anyone in possession of it was acting ileally. They had no argument for that and so they brought back my medication but then denied any knowledge of the whereabouts of my gun or other property.They refused to fingerprint the beer stein I had 2700.00 in cash stolen from. Later that evening my nephew threatened to beat me up if I told the police he stole my stuff and at one point came at me but stopped short of my property line as he seen I had armed myself with a baseball bat. I began calling the police and demanding they get my property back from my sister whom they allowed to remove it.
Finaaly by the next day I had exhausted all attempts to convince them they had been suckered and had made a few enemies of the ones I pointed it out to. So I called them one last timeand told them if they would not do their jobs I would have to go and asd try to get it back myself but was unsure what would happen. I drove to my sisters home where my nephew and niece were staying there temporarily. I parked in the street taking care not to go onto her property. I honked my horn and got out of my car and sttod there behind my car door. She came out and I asked her to return my property. "She denied she had it. I told he I had a copy of the police report which stated she at least was in possession of my gun. She continued to deny she had it and stated if she di, she wouldn't give it to me. I told her I was not leaving until she returned it and told her to call the police and ask them if I didn't have the report. .
She stepped inside her house to get the pohone I assumed and as she did I seen her son coming out from behind her house. He is a big man 6'3" 200 lbs and he was coming right at me. I felt safe in the street and behind my door not believing he would dare touch me. I thought wrong, He said "you're close enough to our ****ing property bitch" and he grabbed me and drug me to the curb and then threw me as hard as he could onto their driveway. The rocks left gashes and bruises in my elbows, feet and hands. Before I could get up, he stomped me with his boots on my back three or four times knocking my breath away and severely bruising my ribs , leaving 3 or 4 5 to 6 inch bruises on my back. Then as I was geting away from him, his sister stepped in and the next I new she was on top of me clawing at my face, bloodying myt nose and choking me. I was able top bite her on the arm tio force her to release her choke hold. Then the police arrived.Still angry from me calling them incompetent, they immediately arrested me never even asking what had happened. On the way to the police station, I began having severe chest pain and so was taken to the hopspital where the Dr advised it was due to the severely bruised ribs. Meanwhile I had the nurse call aother sister and she and her twop xchildren came to my rescue. My nephew laughed and bragged about dragging me out of my car.to them. They both signed statements to that affect but the officer insisted on arresting me anyway. It cost me $300.00 to ond out and the judge was even rude to me stating I was lucky he didn't file on me for domestic violence which would have been a 10,000.00 bond. I said nothing realizing I had been marked for standing up to them and telling them how stupid they were. They realized the only way they could save face is to make me out to be as crazy as my nephew reported. Even one of the officers told me off to the side that it would be best if I moved away and that they were geting by with what they were doing and they would continue as long as no one was there to stop them. Hard heade as I am,. I marched straight from the jail back to the pd the next day after bonding out and filed assault charges on my neice and nephew and told them what really happened. The police refuses to persue prosecution which they stated they were not oblodged to do. They reported they had sent it to the county attorneys office for him to decide if he wanted to persue it. They also continued to refuse to return my property to me that they had knowledge was in my sisters possession. Anyway that goes on but on the assault charges it is coming up on two yearsand though I have provided documentation in the form of hospital and dr records and photos which give strong credibility to my complaint as well as having two statements on file that he admitted to it. They still refuse to prosecute. I even had my attorney call and put pressure on them and it sdoes no good. It outrages me to have a man do what he done to me and then laugh about it and they have to have a good idea that he is lying and they will not prosecute him . I don't care about my niece so much. It is wrong but to have a man do that and they are condoning it is more than I can take. I am desperately trying to find some button to push that will force them to prosecute him but I am lost as to the law. I thought they had enacted tougher domestic violence laws and I thought it was illegal for them to drop or . refuse to file a complaint without the victims consent. They have no idea how far reaching their acti0ons are. I have not left my home in over 6 months I mean not left it at alkl for anything except to drive my boy to school . I am afraid of the police. I am afraid of my nephew who has already thrown roofing nails in my dricewqy and my son punctured his foot on one. He drives by and taunts me laughing at having been able to strip me of any rights by convincing the police I am crazy although he has a criminal record a mile long and spent two years in jail for felony theft.The police have already falsly charged and arrested me twice subsequent to then for boguss felony charges , assaulting me after I was arrested and telling me they were going to see tahat I went to prison. I have that tooto contend with but for right now. I want po know what can I do to compell them to prosecute the assault on me by my neice and nephew. or if they don't, What are my recourses? The 2 year statute will be up in the first week of March of this year 2001. I live in Texas. Please Advise me of my options.