L. Joel Baxter
Junior Member
What is the name of your state?
New York
My 17 yr old son was involved in & arrested after 2 passengers in his car threw eggs while driving by a parked SUV in a suburban residential neighborhood late (11:15 pm) on a rainy night in July. Police report includes statement of the "egged" vehicle owner who specifically says 3 eggs were thrown while my son & his friends slowly drove by...chase ensued...vehicle owner reported license number to local police...interestingly vehicle owner reported $25 estimated damage to a cracked and detached side view rear view mirror on passenger side. (the side away from the street) After "investigation", cop appeared approx. 1:15 AM & arrested my son. Cop told me someone must have attacked the parked vehicle in question with a sledgehammer or cement blocks because of the damage! (One of my son's passengers was also roused after midnight and also gave a sworn statement) Both were charged with 4th degree criminal mischief & issued court appearance date in local town court about a month later.
Claimant appeared in court but unprepared--- did not have his evidence ready (photos & 3 written repair estimates)....judge flexible...ordered a restitution hearing thirty days later.
At restitution hearing, our attorney questioned amount of damages going from $25 to $2294 (the highest estimate) which included painting the entire vehicle (a 1999) plus replacing passenger side rear view mirror.Claimant, under oath, evaded attorney's inquiries as how the damage from 3 eggs could have possibly caused such extensive damage....especially damage to mirror in question since his vehicle was parked parallel to road and an egg would have had to fly over the passenger compartment and drop instantly to hit the rear view mirror which he claims was devastated during driveby. The judge picked up on this oddity & also asked for explanation... claimant repeated himself...testified he could only report what happened ...insisted damage caused by eggs.....story also began to change....suggested that my son and friends had stopped and hit both sides despite his own statement to police 1/2 hr after event plus son's statement is consistent with two passengers....they were driving by slowly. Judge found in the claimant's favor; son & friends convicted , given community service and judge awarded restitution but reduced amount 10x to less than $200 since claimant was obviously concealing truth...pre-existing damage most likely. Claimant angry at decision...refused restitution. Our attorney informed us it was end of matter....if claimant tried small claims route, we were to inform judge/mediator that matter in question had already been tried at the restitution hearing.
Naturally claimant(vehicle owner) filed suit in city small claims....son & friends appeared before mediator ...when told of prior restitution hearing, mediator said it didn't matter and proceeded anyway....son and friends admitted to throwng eggs and their willingness to pay for reasonable damage but not for damage they could not possibly have caused....mediator didn't agree ...he didn't/wouldn't share information/evidence he had to make decision other than 5 out of focus photos, repair estimates and several leading questions..he actually refused to accept evidence we had prepared (police report, an affadavit conflicting with claimant's version of events, our attorney's statement,etc...) ....decided in claimant's favor minus money received at restitution hearing.
My son & friends appealed for trial de novo month later....hearing was nearly a replay of the restitution hearing since my son entered the transcript of the hearing.....We again pointed out that the matter had been tried earlier at restitution hearing and the court found in claimant's favor but reduced restitution 10x ...Judge informed us he was aware but cited NYS law that allowed claimant to sue for more money after his day in court. Son and friends admitted throwing eggs and causing damage but to only one side of vehicle....again attempted to draw attention to how passenger side rear view mirror was demolished since even the claimant admitted he saw their car drive slowly by as the three eggs hit....claimant AGAIN gave a song and dance and couldn't/wouldn't explain how an egg (s) could smash mirror and generate force to detach mirror housing from vehicle.
We all left trial de novo feeling upbeat since judge appeared to be listening and also wondering how damage could have been as claimant described ....hoped damage award would be lessened as reasonable and fair.
Several days later, decision arrived in claimant's favor PLUS $500. We were stunned. The boys understand how stupid and wrong it was to cause damage to someone's property....no hesitation..... but they do not feel it is just for them to have to "bleed" to pay for what was obviously pre-existing damage or damage caused during the chase to the claimant who was and has been disengenuous and evasive while under oath.
New York
My 17 yr old son was involved in & arrested after 2 passengers in his car threw eggs while driving by a parked SUV in a suburban residential neighborhood late (11:15 pm) on a rainy night in July. Police report includes statement of the "egged" vehicle owner who specifically says 3 eggs were thrown while my son & his friends slowly drove by...chase ensued...vehicle owner reported license number to local police...interestingly vehicle owner reported $25 estimated damage to a cracked and detached side view rear view mirror on passenger side. (the side away from the street) After "investigation", cop appeared approx. 1:15 AM & arrested my son. Cop told me someone must have attacked the parked vehicle in question with a sledgehammer or cement blocks because of the damage! (One of my son's passengers was also roused after midnight and also gave a sworn statement) Both were charged with 4th degree criminal mischief & issued court appearance date in local town court about a month later.
Claimant appeared in court but unprepared--- did not have his evidence ready (photos & 3 written repair estimates)....judge flexible...ordered a restitution hearing thirty days later.
At restitution hearing, our attorney questioned amount of damages going from $25 to $2294 (the highest estimate) which included painting the entire vehicle (a 1999) plus replacing passenger side rear view mirror.Claimant, under oath, evaded attorney's inquiries as how the damage from 3 eggs could have possibly caused such extensive damage....especially damage to mirror in question since his vehicle was parked parallel to road and an egg would have had to fly over the passenger compartment and drop instantly to hit the rear view mirror which he claims was devastated during driveby. The judge picked up on this oddity & also asked for explanation... claimant repeated himself...testified he could only report what happened ...insisted damage caused by eggs.....story also began to change....suggested that my son and friends had stopped and hit both sides despite his own statement to police 1/2 hr after event plus son's statement is consistent with two passengers....they were driving by slowly. Judge found in the claimant's favor; son & friends convicted , given community service and judge awarded restitution but reduced amount 10x to less than $200 since claimant was obviously concealing truth...pre-existing damage most likely. Claimant angry at decision...refused restitution. Our attorney informed us it was end of matter....if claimant tried small claims route, we were to inform judge/mediator that matter in question had already been tried at the restitution hearing.
Naturally claimant(vehicle owner) filed suit in city small claims....son & friends appeared before mediator ...when told of prior restitution hearing, mediator said it didn't matter and proceeded anyway....son and friends admitted to throwng eggs and their willingness to pay for reasonable damage but not for damage they could not possibly have caused....mediator didn't agree ...he didn't/wouldn't share information/evidence he had to make decision other than 5 out of focus photos, repair estimates and several leading questions..he actually refused to accept evidence we had prepared (police report, an affadavit conflicting with claimant's version of events, our attorney's statement,etc...) ....decided in claimant's favor minus money received at restitution hearing.
My son & friends appealed for trial de novo month later....hearing was nearly a replay of the restitution hearing since my son entered the transcript of the hearing.....We again pointed out that the matter had been tried earlier at restitution hearing and the court found in claimant's favor but reduced restitution 10x ...Judge informed us he was aware but cited NYS law that allowed claimant to sue for more money after his day in court. Son and friends admitted throwing eggs and causing damage but to only one side of vehicle....again attempted to draw attention to how passenger side rear view mirror was demolished since even the claimant admitted he saw their car drive slowly by as the three eggs hit....claimant AGAIN gave a song and dance and couldn't/wouldn't explain how an egg (s) could smash mirror and generate force to detach mirror housing from vehicle.
We all left trial de novo feeling upbeat since judge appeared to be listening and also wondering how damage could have been as claimant described ....hoped damage award would be lessened as reasonable and fair.
Several days later, decision arrived in claimant's favor PLUS $500. We were stunned. The boys understand how stupid and wrong it was to cause damage to someone's property....no hesitation..... but they do not feel it is just for them to have to "bleed" to pay for what was obviously pre-existing damage or damage caused during the chase to the claimant who was and has been disengenuous and evasive while under oath.