Accused of Assaulting a College DPS Officer

What is the name of your state (only U.S. law)? Rhode Island

I'm an 18 year old student at Bryant University in Smithfield, RI. This friday I went out with some of friends to go to parties on campus. I did drink some beer, but I was in control of myself. We were leaving a house one of the parties were at and there was a large group of people gathering outisde the house. I started walking through the crowd and a Department of Public Safety (DPS) officer was walking into the house. Through the crowd I couldn't see her coming and accidentily hit her shoulder as I walked by. It was just a small bumb. She confronted me immediately and I quickly appologized and explained that I didn't see her, it was an accident and that I was sorry. She started to get in my face and was saying that she didn't appreciate that at all. She started asking me what my name was and where I lived. I got really scared and out of fear I lied to her and told her a false name, obviously not a smart move but I wasn't thinking clearly and I didn't want to get in trouble. I then started to run away back to my dorm room. After about 15 feet There was a sharp turn and I tripped and caught myself with my hands. The DPS officer ran after me and grabbed me by the shirt in the back. I continued to run for a second and then cooperated and let her subdue me. I was brought to the ground and cuffed. From there on I cooperated completely. She called the real police and I was arrested for Simple assault on the dps officer and disorderly conduct.

The DPS officer claims that when I ran away I shoved her and then she claims I hit her in the chest and shoved her again. Not once did I do any of this. I am one of the nicest kids you will ever meet and I would never hit anyone nevertheless a women. I've never been in a fight in my life. She also claimed that she had to call for backup and it took two more officers to cuff me. Absolutely not true at all. There was nearly 30 witnesses watching from outside the house. I know around 10 of the people that saw and they all confirmed that I didn't try to hit her at all. I just tried to run away. When I told them what I was charged with they were all amazed and said I should repeal it.

This is the biggest mistake I have made in my life and unfortunately it's going to affect me for the rest of my life. I have a hearing before the Judicial Board at Bryant in 6 days. I could be kicked out of school or suspended. All I want is to be able to finish out this semester and then transfer somewhere else. I don't want to transfer because i like Bryant and I've made a lot of great friends. I also have a court date two weeks from now. I'm so scared about what will happen to me and I really need help!

Any advice or help is greatly appreciated!

We don't know what your school will or will not do. Student judiciaries are notoriously unpredictable.

I would, however, bring as many sober witnesses to the incident as you can find. If there isn't anyone that can say, "I didn't have anything to drink before or after the incident", then prepare for the worst.

Assaulting an officer is a significant charge. Get an attorney.

And when you are before judges, commissions, boards, or wherever you are obligated to tell your side of the story, avoid statements like, "I had had some beer but I was in control of myself" and "I continued to run for about 15 seconds" (if it is meant like it reads, this is after you were on the ground once, so it is clear you must've struggled your way to your feet while she was trying to cuff you) and "from there on, I cooperated completely" (as most people do, after they're cuffed!)

So all your friends, knowing what a wonderful nice kid you are,"said I should repeal it."
huh?

I suggest you immediately retain an attorney. Let him/her speak for you as much as possible in all disciplinary and legal actions. Your self justifying, over-priviledged kid "who would never ever do such a thing" presentation is absolutely gag inducing to someone who'd ever been on the other side of such behavior.

You are 18, time when you are supposedly in control of your actions, or give up that control voluntarily to alcohol or other intoxicants, and you can legally be tried as an adult.

That this matter will possibly ruin your social life and take you away from the many good friends that you have made is not something that is going to arouse a lot of sympathy.

By the way, what do your parents think about this?

You should also realize that judges in college towns have heard it ALL before presented in a far better way than you can.

In other words, don't plan on razzle or dazzle to get you out of this. Therefore, you need an attorney.

By the way, you do realize running away was it's OWN crime, right?

I am getting an attorney. I’m meeting with him on Monday. But during the hearing he’s not allowed to talk. I am responsible to do all of the talking. I also have a court date in two weeks to deal with though. I have many witnesses, but unfortunately most of them were under the influence. I am trying to find someone who didn’t drink that saw it. I didn’t struggle my way to my feet when she was trying to cuff me, I was already on my feet starting to run again and then she grabbed me and forced me to the ground. My parents are more disappointed than they have ever been in their life. I might as well be dead to mom. And yes I do realize running away was its own crime, but it would be a lesser charge than assaulting a DPS officer. I was also charged with disorderly conduct. I should have been charged with underage drinking or whatever the running away charge is. By the way they never breathalyzed me or anything to check if I was drinking alcohol.

Very glad to hear you have an attorney. When you have this hearing, listen to him and say what he tells you to say.

I think what we are trying to communicate to you here to help is that you should be saying, "I'm sorry" -- not because you have really screwed up your life and it's very inconvenient for you, but because you made a very serious mistake in judgment and behaved inappropriately. Never run from a police officer. Never resist being cuffed.

You should spend a lot more time on communicating true remorse and regret for behaving inappropriately than on why you were not treated fairly or it didn't happen like the officer says it happened, or they didn't test me. Listen to your attorney, there'll be sound guidance there.

Because they're not going to be at all impressed with your 18 year old attitude. They want to see humility and a sincere apology.

But no one concerned will really want to ruin your life, especially if you do not come across as a smart ass over privileged kid with no respect for "Keystone Cops," who needs more of an attitude adjustment than you've already gotten.

It's pretty significant that you can't find anybody in the crowd around you who wasn't intoxicated to be your witness. It's always better to be in control, avoid groups like this. The younger you find this out, the better.

One stupid mistake does not make a "..am like dead to my mother now." This is not a life ender, this is just a learning. Good luck to you in your hearing.

One other thing...

This isn't a discussion over who took the turkey drumstick.

Therefore, saying ANYTHING approximating "what everyone else did was so much worse" will bury you.

Deal with your crimes and only your crimes.

Dress professionally as if this was the most important interview of your life. Don't smoke before court and, by all that is holy, don't drink, be around drinkers or go to any party where drinking may happen.

Spend your nights until court in the library or in the reading room of your local church.

Seriously.

You want to bury your case? Get caught again between now and court.

Thanks for the feedback everyone I appreciate it. And yes I don't see myself doing any drugs or alchol for a long long time...even after all of this is over with. I just want to be able to continue my education above all else. I'm also on the golf team at Bryant which is D1 and I could maybe be kicked off of that, but right now that's the least of my worries I just want to stay in school.

Also I see what your saying commentator, but would it be okay to say that what is being said i did was exaggerated. Becuase I know I never pushed her or hit her and she says I hit her in the chest and pushed and I have witnesses saying so. Or would it be better to just say I learned my lesson and say i did shove her and hit her in the chest?

Also, I wrote a letter today to the DPS officer who I supposedly assaulted appologizing for what happened. IDK if that will help at all. I also have my golf coach and the two captains of the bryant golf team who said they will testify to my character and back me on the fact that I should be able to stay at the school.

Do not send anything to the victim of your assault without prior written consent of your legal counsel.

This isn't a late assignment you can charm your way out of. An apology letter will be seen as an admission of guilt.

Stop that crap now!!

I haven't sent it yet I was going to show it to my attourney tomorrow and ask him what he thinks. Good to know though.

If the college has footage through a videocamera what happened or at least has a camera looking where it happened...Are they required to let me see it? Because I know if they saw the videotape they would realize the DPS officer is lying.

ABGolf said:

If the college has footage through a videocamera what happened or at least has a camera looking where it happened...Are they required to let me see it? Because I know if they saw the videotape they would realize the DPS officer is lying.

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They have a videotape inside the house you were partying in?

No this all happened outside of the house. I know they have camera all around campus and some at the streets in the townhouses where it happened.

Please help. I am going to be going before the judicial board on thursday. I have 8 witnesses who saw what happened and I want to call on them to testify. But what I have to know is that if they question the student witnesses if they had anything to drink that night and they admit yes. WILL THEY GET IN ANY TROUBLE? I need to know

ABGolf said:

No this all happened outside of the house. I know they have camera all around campus and some at the streets in the townhouses where it happened.

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You were in such a huge crowd of people that you couldn't even SEE the DSP officer (thus you bumped in to her), and you think a camera would tell a different story?

Seriously, either you're just here for a trial run of your stories, or you were less "in control" than you think.