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I was assaulted. What can I do? LONG

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poiuyt

Junior Member
What is the name of your state? Ohio

Hello everyone, this is very long and I'm not sure I'm posting in the right place. Could a moderator please move it if it's in the wrong place?

I have a question as to what my legal options are regarding this manner. Any help would be appreciated. Thank you.

I am currently in Germany until the end of October. On the day before I left for four months (This occurred on June 27th) I took my laundry to my apartment complex_s laundry room, so I could pack afterwards. There are four washers in the laundry room. One was broken and two had laundry in them, but were finished. I have lived at this complex since December, 2000. I removed the laundry and placed one load on a table and one load on a rack above the table, as I have done countless numbers of times. Then I added my laundry to the three now empty, but functioning machines. I left the laundry room.

When I returned to the laundry room, two girls were waiting for me. They were upset that I had taken their laundry out of the machine. I told them that they should have come and gotten it when it was done. They said that they were just at the pool and that I should have put their laundry in the dryer. I told them that it wasn_t my responsibility to do their laundry for them. They were very upset and kept raising the tone of their voice. I maintained my position that I wasn_t going to do their laundry for them. At one point, I told them I was leaving and one of the girls pushed the door closed and told me that I wasn_t. She began yelling, _You don_t want to f*** with me! You don_t want to f*** with me!_ I honestly was not worried up until she refused to let me leave. I thought it was nothing more than a verbal argument. Both girls were much smaller than I am and about seven years younger. (I will be 30 next month and am a 6_0_ female.) However, after she yelled this, she reached around and punched me in the side of the head. I lost my balance and fell into the small space between the last washing machine and the wall next to the door. She continued punching me while I was on the ground. I reached up and pulled back on her hair to try to get her to back off. At that point, her friend screamed, _Let go of her hair!_ and began punching me as well. At some point during this, I found one of their hand_s in my face so I bit it as hard as I could. They hit me harder and demanded that I let go of the hand. After I let go, they still continued to hit me repeatedly. At some point my brain kicked in and I realized that they were not stopping, so I began screaming as loudly as I could. After I had been screaming for quite some time, the apartment complex manager came to see what was going on. (The management building and laundry room are attached.) At this point the girls stopped and the manager let them walk away.

I was incredulous. I told her not to let them walk away, that I was calling the police and that they were going to jail. She said that they were residents and that she knew who they were and let me call the police from her office. I also called my boyfriend, with whom I live, and he came home from work immediately.

The police came and I told them what happened. They had to chase the apartment manager down, because she had gone to show an apartment. They made her come back and talk to them, but I did not overhear the conversation and she did not give a statement as far as I know. Because I was bleeding from the top of my nose and had scratches on my face, they called an ambulance. X-rays were taken, but my nose was not broken. (The hardest punch landed squarely between my eyes.) Later, two black eyes developed and I was bruised on the front and sides of my forehead. I also had scratches on my cheeks and a cut on my lip. My boyfriend took pictures of all of this.

When the police officer arrived at the hospital, he told me he was fully prepared to arrest these girls until he got to their apartment and saw that they too had injuries _ mainly the bite marks on the first girl_s hand. Furthermore, she also had a broken nail and scratches on her neck. I told him that the broken nail probably came from when they were hitting me. I also told him that, although I did pull her hair, I could not have scratched her neck, since I never have fingernails. I showed him. He told me that all that mattered was that there were scratches on her neck and that he had taken pictures. I asked him to take a picture of my hands to prove that I have no fingernails (I bite them) and he refused.

He said that his ultimate conclusion was that this was a mutual fight that just got out of hand. Furthermore, he had two witnesses (the girls) say that I started the fight and only one (me) who said that they did. This means that it_s my word against theirs. Since there were two of them, their word is more valid. (Although, you will see that their statements contradict each other.) Therefore, he was not going to arrest them. He also told me that I could still press charges if I wanted, but the girls told him that if I pressed charges they would press charges against me. (Isn't that blackmail?)

He left me at the hospital to fill out my statement and told me to call when I got home and that he would come pick it up. When he came to pick it up, he asked me if I had decided whether or not I would press charges. I told him that I had called the apartment manager to see if she would evict the girls, however it was after office hours and her answering service told me she would call me back. She never did call back. (The manager told my boyfriend, who had stayed behind to get my laundry while I went to the hospital that she was going to evict them and that they_d only lived there for six weeks.) I told the officer that if she was going to evict them then there was no need to press charges, since I was leaving for Germany for four months and they would be long gone when I returned. He told me that I had two years to decide whether or not to press charges, but that acting quickly made my case look stronger.

My boyfriend and I were very upset that the officer would believe that my two pitiful acts of self defense would be considered a mutual fight. I called my brother in another state, who has friends that are police officers would know what to do. He told me to call the Sergeant on Duty and the Prosecutor. I called the Sergeant and the police dispatcher told me he was on a call and would call me back when he got in. He never called me back. My boyfriend called the prosecutor for me, since I had to leave the next day and it was already late at night when I returned from the hospital. The person he spoke with at the prosecutor_s office told him that the prosecutor does not speak to people.

My boyfriend also spoke with the rental office and the manager maintained that the girls would still be evicted, stating that when she got there, she saw the two girls running out of the building and me slumped on the floor in the corner and that was enough for her.
 


poiuyt

Junior Member
However, the next set of problems began when she obtained the police report. Naturally, the two girls’ statements changed the story to where I was the one that attacked first, *however* they both say that it occurred differently. Furthermore, the officer’s statement is completely different from all three of our statements! How can this be? How or why could an officer do that? I’m flabbergasted!

I’m sorry that this is already so long, but I’m trying to be thorough. Girl #1’s statement (the one I apparently bit) says that she was folding her laundry, although she was really putting them in the dryer when I walked in. She includes our verbal argument, but states that I became hostile with her first, although they were hostile and confrontational from the very start of the conversation. Then she says that I reached all the way around to the back of her head and grabbed her hair to pull her closer to me (to start the physical fight.) Then with my other hand, I grabbed her hand and shoved it in my mouth and bit her. This makes absolutely no sense to me whatsoever. Who would do that? She then claims that she hit me, only once, in the nose (she couldn’t deny the blood on my nose) to get me to stop. (The pictures of my bruises and scratches and cuts should show differently, right?) She then said that then went towards the door and as they were leaving, I screamed for help. (Couldn’t the apartment manager attest to the fact that there were continued screams and that I didn’t use the word “Help!” It was just one long, loud yell?) She also amended the statement (added at the end) that I told her to leave, instead of announcing that I was leaving. To which she replied that she wasn’t, because the laundry room is “public.” (Which it’s not – it’s a private laundry room on private property and you need a key to have access. If she had actually said that during our verbal argument, no doubt I would have told her that.)

Girl #2’s statement (who only began hitting me after I pulled the other girl’s hair) states that the fight started because I became very irrational upon walking into the laundry room. She claimed that Girl #1 and I were “face to face,” but we weren’t. She also claimed that I started the fight by pushing Girl #1 and then grabbing her hair (hard to do if I’ve just pushed her away.) After I grabbed her hair, we “both went down on the ground” and I began to hit Girl #1 (which Girl #1 didn’t even mention!) She then claimed that she tried to help Girl #1 by having me let go of her hair (but not stop me from punching her??) She didn’t mention that she tried to stop me from doing this by punching me repeatedly. She also says that Girl #1 managed to get up and I began to scream after that, not while they were still on the ground hitting me.

The police officer’s statement is not grounded in any kind of reality and I think that can be easily shown, even if it’s my word against theirs. First, he’s got the girls’ address wrong. Second, he says that the girls told him that they witnessed me take their clothes out of the washer and throw them on the ground, while they were at the pool. 1) The laundry room can’t be seen from the pool. The building is right next to the pool, but the rental office is between the laundry room and the pool on the same building. There are also no windows on that side of the laundry room. Even if there were, the windows would look into the rental office and not the pool. They could not see me in the laundry room from the pool. 2) Neither one of the girls said I threw the clothes on the ground, but rather put them on the table in the laundry room (which is what I actually did.) 3) One girl states that she was folding the clothes when I walked in (although she was really putting them in the dryer). If I'd thrown them on the floor, wouldn't they need to be rewashed? Next, the officer said that after they witnessed me throw the clothes on the ground, that they came over to confront me. This isn’t true and it doesn’t say anything like that in any of the statements. It was a full half hour after I put my clothes in the laundry when I returned to find them in the laundry room (peering into the washers with my clothes in it.) Even if it were possible for them to see me through two brick walls doing something that I didn’t do, they would have been really slow in confronting me about doing it. The officer then states that Girl #1 put her hand up to my mouth – on purpose, to protect herself – after I had started pulling her hair, to start the physical fight. Why couldn’t the officer see that NO ONE would do that? That doesn’t even make sense. Why would someone put her hand to the other person’s mouth to get them to stop pulling her hair? Wouldn't she put her hand on her hair or on my hand to get me to let go?

The officer includes almost nothing from what I told him or that was in my statement. He doesn’t even mention that they hit me at all, just that I bit them and pulled her hair. He did say that I had a bloody nose, which was not true. The top of my nose was bleeding, but I didn’t have a bloody nose. He was there when the EMTs were looking at it. He only said two other things about me: 1) that I admitted to putting the clothes on the table. (This sentence is followed by the one which says that the girls saw me throwing the clothes on the floor.) 2) He said that I would come see him the next day to let him know if I wanted to press charges. This is also not true. He knew, since I said it repeatedly, that I was leaving the next day for four months (two months of learning German, two months of dissertation research.) He did not start work until 3:00 p.m. and I had to be at the airport in Columbus at 11:00 a.m! He knew I would not be in to see him. That’s when he told me that I had two years to press charges!

Naturally, when my apartment manager received this police report, she decided not to evict the two girls. They live two buildings down from me. She sent a letter to my apartment stating that she could, if she decided, evict me and my boyfriend should we ever give her any other problems. My boyfriend is currently looking for another place to live.
_______________________
Now I don’t know what to do. I feel truly victimized by the girls, by the police officer, and by the apartment manager. I am worried that this police report is stacked against me.

Shouldn’t it be clear that the police officer’s statement is a huge pile of garbage? After all, he’s saying things that couldn’t happen according to the laws of physics. (You can’t see the laundry room from the pool. Fingernail-less hands can’t scratch people.)

I’ve looked up these girls on the county public records database. Girl #2 has an outstanding warrant for her arrest in the city of Dayton for failure to pay a traffic violation. (I live in a suburb.) Girl #1 was convicted on one count of possession of heroin, one count of possession of drug abuse instruments, and one count of permitting drug abuse. I’m copy/pasting this next bit on her sentence, since I don’t know what it means exactly:
“Sentence… INTERVENTION IN LIEU OF CONVICTION
Sentence...: COMMUNITY CONTROL FOR 3 YRS 3 YRS
Sentence...: DEF TO ENTER & COMPLETE TASC PROGRAM
Sentence...: 6 MONTHS PRISON ON COUNT I - CONCURRENT 6 MON
Sentence...: 60 DAYS JAIL ON COUNT II- CONCURRENT 60 DAY
Sentence...: 90 DAYS JAIL ON COUNT III, ALL CONCURREN90 DAY
Sentence...: 6 MONTHS LICENSE SUSPENSION 6 MON
Sentence...: 35 DAYS JAIL CREDIT 35 DAY”
I assume that it means that she receives drug treatment instead of actually having to serve the time and that if she gets in trouble for anything else, she could go to jail for the sentenced time? Can her background be used against her?
_______________________________
I am wondering if it would still be worthwhile to press charges when I return at the end of October. Does anyone think I have a case or has the police report distorted the evidence too badly? Should I be worried that they would press charges against me?

Would it be worth my while to consider a civil suit as well/instead? (O. J. Simpson lost his civil suit even though he wasn’t convicted of the crime.) Who should it be against? Could I sue the girls – who probably have no money, but that doesn’t matter, since I feel that they should know they can’t get away with their behavior even if the report is stacked against me. They did admit to hitting me in the report. Is that enough?

Could I sue the officer or the police department? I don’t understand why he would lie like that in a police report. My brother’s friend who is an officer in another state said that he probably just didn’t want to have to deal with all the extra work. Do cops do that?

Can I sue the apartment manager and the complex? She let the girls leave afterwards, when they possibly had time to try to get their story straight. She also went to show an apartment when the police needed to talk to her. Then she changed her mind about evicting the girls, even though you don’t really need a police report to evict someone.

If someone has read this far and could help me make sense of all of this or let me know what my options are/were or if I even have a case at all, I would really appreciate it.

Thank you.
 

xylene

Senior Member
You will get more response if you abridge this.

Can her background be used against her?
Not much. Credibility, but not much.

Does anyone think I have a case or has the police report distorted the evidence too badly?
You are unlikely to get the satisfaction you want, certainly not without a lot of time and expense/

Should I be worried that they would press charges against me?
The office felt it was mutual combat. Counter charges are a real possibility.

Would it be worth my while to consider a civil suit as well/instead?
What are your damages? At most hospital bills.

Who should it be against?
The girls who assaulted you.

They did admit to hitting me in the report. Is that enough?
Not unless they admitted to hitting you first with no provocation (ie not mutual combat)

Could I sue the officer or the police department? I don’t understand why he would lie like that in a police report.
The officer is not lying. He is giving a summary of a subjective situation.

Can I sue the apartment manager and the complex? She let the girls leave afterwards, when they possibly had time to try to get their story straight.
Why sue the manager? On what grounds? :confused: She had no power to confine the girls.

She also went to show an apartment when the police needed to talk to her. Then she changed her mind about evicting the girls, even though you don’t really need a police report to evict someone.
She had work to do. Also, you need a court order to evict someone.

I think you need to realize that life sucks and the the rights that protect us all sometimes let sleazy ho's get away with things.

In my shoes, I would just complain about every little thing to the management of the complex until they were so sick of me they wanted to puke. Than I would complain some more.
 

poiuyt

Junior Member
Not unless they admitted to hitting you first with no provocation (ie not mutual combat)
But couldn't it be shown from the conflicting reports that what they're saying isn't true?

The officer is not lying. He is giving a summary of a subjective situation.
Yes, but if what he's written isn't in any of the other reports, where did he get that info? It's almost like he pulled it out of thin air? How isn't that lying?

Why sue the manager? On what grounds? :confused: She had no power to confine the girls.
Maybe not, but her behavior in this matter certainly made things more difficult. The police officer told me that she said she hadn't seen anything. She told my boyfriend that she did see something. She also has a responsibility to respond to tenants who call the after hours emergency number and she didn't respond. The previous manager always did so. Maybe it's not a requirement, but as a professional, it's something you do.

She had work to do. Also, you need a court order to evict someone.
But you don't need a police report for a court order, right?

I think you need to realize that life sucks and the the rights that protect us all sometimes let sleazy ho's get away with things.
Thanks for your advice. I posted this because I wasn't sure if some of the gaping holes in the other three stories could lend merit to my own. I was already aware that life sucks. :(

In my shoes, I would just complain about every little thing to the management of the complex until they were so sick of me they wanted to puke. Than I would complain some more.
In which case, she'll evict us, because the letter she sent told us not to cause any more problems....

Thank you for your help and for reading that. I really appreciate it. :)
 

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