Wrongfully pepper sprayed

[JSG1968]

Georgia

 

[JSG1968]

I turned into the recycle center to dump my trash, after a truck pulling a trailer came out of the wrong exist. I was on the main road. Across the road blocked from my view because the truck and trailer was coming out was a guy that claims he was next in line. He pulled in behind me and started calling me a jack ass, and said didn’t you see me trying to come in. I didn’t say anything, but every time he got trash off his truck he would call me a jackass happened several more times. Then he got in his truck and started calling me a fat mfer. I finally said I was on the main road and had the right of way and you’re an idiot.. he kept on so as I was about to go back to my truck I said you’re an idiot. Between his side mirror and door he shot me with pepper spray or bear spray. It would not stop burning after about an hour I went to the ER and wound up with a $2200 dollar bill. There’s more to the story but that’s the main part. The investigator said that I became the aggressor when I called him an idiot and if I push it she would as going to charge me with simple battery. I did not run at him or threaten him. The person behind him confirmed what happened. Also took a picture right after. Did he have the right to spray me?

 

[adjusterjack]

Doesn't matter if he WAS threatened. Only matters that he FELT threatened, or says he did.

You can sue him for the $2200 in small claims court. The burden of proof is lower that criminal prosecution.

You will need to bring the witness that "confirmed what happened." Otherwise it's word vs word and might not end in your favor.

Next time somebody calls you names, just walk away.

 

[JSG1968]

Doesn't matter if he WAS threatened. Only matters that he FELT threatened, or says he did.

You can sue him for the $2200 in small claims court. The burden of proof is lower that criminal prosecution.

You will need to bring the witness that "confirmed what happened." Otherwise it's word vs word and might not end in your favor.

Next time somebody calls you names, just walk away.

Yeah should have, I no idea he was as going to spray me for calling him an idiot.
he was opening and closing his door telling me to come on because I wasn’t going to get near him. He tried to draw me in closer. Funny thing is this other guy was pissed that the pepper spray got on him and he really did run up on him and threatened him. I’m not sure why he didn’t spray him.

 

[JSG1968]

I turned into the recycle center to dump my trash, after a truck pulling a trailer came out of the wrong exist. I was on the main road. Across the road blocked from my view because the truck and trailer was coming out was a guy that claims he was next in line. He pulled in behind me and started calling me a jack ass, and said didn’t you see me trying to come in. I didn’t say anything, but every time he got trash off his truck he would call me a jackass happened several more times. Then he got in his truck and started calling me a fat mfer. I finally said I was on the main road and had the right of way and you’re an idiot.. he kept on so as I was about to go back to my truck I said you’re an idiot. Between his side mirror and door he shot me with pepper spray or bear spray. It would not stop burning after about an hour I went to the ER and wound up with a $2200 dollar bill. There’s more to the story but that’s the main part. The investigator said that I became the aggressor when I called him an idiot and if I push it she would as going to charge me with simple battery. I did not run at him or threaten him. The person behind him confirmed what happened. Also took a picture right after. Did he have the right to spray me?

That’s crazy that you can just say I felt threatened and can actually spray someone when there was no intent to do so.
So I can pick an argument with someone then say he scared me and spray the hell out of them with pepper spray?

 

[Bali Hai Again]

That’s crazy that you can just say I felt threatened and can actually spray someone when there was no intent to do so.
So I can pick an argument with someone then say he scared me and spray the hell out of them with pepper spray?

Only if they let you get away with it. Apologize for cutting in front and say no more next time. Luckily you weren’t facing a gun with all the morons out there.

 

[JSG1968]

Only if they let you get away with it. Apologize for cutting in front and say no more next time. Luckily you weren’t facing a gun with all the morons out there.

It would seem to me that in order to spray someone with pepper spray it would have to be an unprovoked attack. I mean all I did was talk back to someone after he repeatedly kept on, and I don’t feel like I cut in front of him if I was on the main road and he had to cross the road to get in. I was at my truck’s tailgate when he sprayed me. Yeah now days it’s dangerous but what if it had of been your kid or wife or someone you’re close to. I just don’t think that’s a good enough reason to spray someone with pepper spray. I think you would have to be right on them and about to hurt them.
Guess I’m wrong!

 

[quincy]

Georgia has no law restricting the purchase or carry of pepper spray. More worrisome should be that in Georgia there are few restrictions on the purchase or carry of guns. All things considered, you were probably lucky that the dispute over who was first in line didn’t end in a morgue.

Georgia’s simple assault law:
https://law.justia.com/codes/georgia/2022/title-16/chapter-5/article-2/section-16-5-20/
For simple assault, the one charged must have made an attempt to commit a violent injury, or placed another in reasonable apprehension of immediately receiving a violent injury.

Georgia’s battery law:
https://law.justia.com/codes/georgia/2022/title-16/chapter-5/article-2/section-16-5-23-1/
Battery is intentionally causing substantial physical harm or visible bodily harm to another.

You could attempt to recover your medical expenses from the ornery trucker by filing a small claims lawsuit. If the trucker claims you approached him in a threatening manner, however, you could lose the suit.

 

[JSG1968]

Georgia has no law restricting the purchase or carry of pepper spray. More worrisome should be that in Georgia there are few restrictions on the purchase or carry of guns. All things considered, you were probably lucky that the dispute over who was first in line didn’t end in a morgue.

Georgia’s simple assault law:
https://law.justia.com/codes/georgia/2022/title-16/chapter-5/article-2/section-16-5-20/
For simple assault, the one charged must have made an attempt to commit a violent injury, or placed another in reasonable apprehension of immediately receiving a violent injury.

Georgia’s battery law:
https://law.justia.com/codes/georgia/2022/title-16/chapter-5/article-2/section-16-5-23-1/
Battery is intentionally causing substantial physical harm or visible bodily harm to another.

You could attempt to recover your medical expenses from the ornery trucker by filing a small claims lawsuit. If the trucker claims you approached him in a threatening manner, however, you could lose the suit.

I had a 45 automatic hand gun I have a carrier's license for it, but I didn’t use it, it’s stupid to pull out any kind of weapon over something as pity as this. People cut in front of me or break in line on me all the time I would never start calling them a jackass or even think about pepper spraying them..!!!! If you get mad because of road rage you don’t deserve driving privileges.

 

[quincy]

I had a 45 automatic hand gun I have a carrier's license for it, but I didn’t use it, it’s stupid to pull out any kind of weapon over something as pity as this. People cut in front of me or break in line on me all the time I would never start calling them a jackass or even think about pepper spraying them..!!!! If you get mad because of road rage you don’t deserve driving privileges.

Did the trucker see your gun/know you were armed?

I know if a stranger had been exchanging insults with me and he approached my car, and I saw his gun, I might pepper spray the guy. I wouldn’t know how he feels about using guns to end an argument.

Anyway, take the guy to court, or not. It’s your decision to make.

 

[adjusterjack]

So I can pick an argument with someone then say he scared me and spray the hell out of them with pepper spray?

With your luck that wouldn't end well for you.

 

[JSG1968]

Did the trucker see your gun/know you were armed?

I know if a stranger had been exchanging insults with me and he approached my car, and I saw his gun, I might pepper spray the guy. I wouldn’t know how he feels about using guns to end an argument.

Anyway, take the guy to court, or not. It’s your decision to make.

No my gun stays in my glove box, I don’t like guns very much but I will use it if it’s a last resort.
Yeah you make a good point, but this isn’t the Wild West and I have never felt like I need side arms…lol.

With your luck that wouldn't end well for you.


Very true I asked the investor to demonstrate for me how you won’t get into a confrontation if you sit out at the dump and call people jackasses. I would suspect the reaction would be similar to mine. Although I should have kept ignoring the guy and enjoyed the rest of my day.

It’s a two way street if he had of started this with someone as stupid as he is someone may very well be nd up in the morgue.
I just think you need more than my feelings got hurt so I pepper sprayed him. That’s why I’m concerned. If someone is that scared of getting attacked then don’t provoke something to start with…. I would have been really upset if my daughter came home after being pepper sprayed by a narcissistic idiot

 

[quincy]

No my gun stays in my glove box, I don’t like guns very much but I will use it if it’s a last resort.
Yeah you make a good point, but this isn’t the Wild West and I have never felt like I need side arms…lol.

I am happy to hear that you aren’t the type of gun owner who will pull out your gun to show how tough you are. That’s a weak and dangerous move that often doesn’t end well for someone. I hope you are equally sensible about securing your gun in a locked glove box.

Pepper spray should not be used indiscriminately - the spray can cause some serious harm - and from your description it sounds like the trucker overreacted by spraying you. But I also think that both of you could have handled the whole episode much better - like not continuing to respond to the insults tossed out.

The Earth thanks you for recycling, by the way. I just hope your next trip to the recycling center comes with less drama. .

 

[Taxing Matters]

That’s crazy that you can just say I felt threatened and can actually spray someone when there was no intent to do so.
So I can pick an argument with someone then say he scared me and spray the hell out of them with pepper spray?

The thing you have to remember is that when the police come out, or a case goes to a jury, they didn't see what happened. They'll only have the testimony of the participants and, if they are lucky, an unbiased witness to aid them in their decision. So in your telling of the event, it would sound outrageous for you to get charged. But the police and jury are also going to hear his side of the story, and there is no telling ahead of time which one the police or jury would believe more.

Participation in a series of insults, in my observation, never leaves either party happy and as the anger builds with each exchange, the participants ratchet up the chance that it will go from verbal to some kind physical attack or use of a weapon. Anger tends to block out the rational side of the brain and instead just focuses on the object of the anger and how best to retaliate to release that built up anger. I get that it can be hard to not respond; you tend to feel like others will see you as weak for not standing up and responding in kind. But other people often don't take nearly as much interest in what others do as the participant in a situation like this would think. That's because to the participants it is, at that moment, very important to them and they assume others must be just as engaged in it as they are. Even if some random person thinks you are weak for just walking away, why do you care? You probably won't ever see the bystander again and if you do, the chances are very good that he or she will not remember the incident. For most bystanders, incidents like this start to fade quickly in their mind the moment they leave the scene. A therapist explained to me when we were discussing this topic and I admit I'd hadn't thought of that before, but once I heard his explanation it made a lot of sense. I know I barely remember what I see most strangers doing out in public.

I happen to think it takes a strong character to hear the verbal abuse being thrown at you and not respond in kind. And you are much more likely to walk away from that person without some kind of injury.

 

[JSG1968]

I am happy to hear that you aren’t the type of gun owner who will pull out your gun to show how tough you are. That’s a weak and dangerous move that often doesn’t end well for someone. I hope you are equally sensible about securing your gun in a locked glove box.

Pepper spray should not be used indiscriminately - the spray can cause some serious harm - and from your description it sounds like the trucker overreacted by spraying you. But I also think that both of you could have handled the whole episode much better - like not continuing to respond to the insults tossed out.

The Earth thanks you for recycling, by the way. I just hope your next trip to the recycling center comes with less drama. .

Thanks Quincy, yeah I truly did try and ignore the first 15 times he called me a jackass, I think he just wanted to use his pepper spray I I was the lucky one. If he was afraid I was going to hurt him he wouldn’t have came up on me at my truck to start with.. it stupid to think all the sudden he’s afraid of me because I called him an idiot. He came to me at my truck trying to get a reaction. I don’t see how you can provoke something like that and keep it going. When he said you fat mfer is when I had had enough.

The thing you have to remember is that when the police come out, or a case goes to a jury, they didn't see what happened. They'll only have the testimony of the participants and, if they are lucky, an unbiased witness to aid them in their decision. So in your telling of the event, it would sound outrageous for you to get charged. But the police and jury are also going to hear his side of the story, and there is no telling ahead of time which one the police or jury would believe more.

Participation in a series of insults, in my observation, never leaves either party happy and as the anger builds with each exchange, the participants ratchet up the chance that it will go from verbal to some kind physical attack or use of a weapon. Anger tends to block out the rational side of the brain and instead just focuses on the object of the anger and how best to retaliate to release that built up anger. I get that it can be hard to not respond; you tend to feel like others will see you as weak for not standing up and responding in kind. But other people often don't take nearly as much interest in what others do as the participant in a situation like this would think. That's because to the participants it is, at that moment, very important to them and they assume others must be just as engaged in it as they are. Even if some random person thinks you are weak for just walking away, why do you care? You probably won't ever see the bystander again and if you do, the chances are very good that he or she will not remember the incident. For most bystanders, incidents like this start to fade quickly in their mind the moment they leave the scene. A therapist explained to me when we were discussing this topic and I admit I'd hadn't thought of that before, but once I heard his explanation it made a lot of sense. I know I barely remember what I see most strangers doing out in public.

I happen to think it takes a strong character to hear the verbal abuse being thrown at you and not respond in kind. And you are much more likely to walk away from that person without some kind of injury.

yeah I was stepping away from hen he sprayed me, he was trying to get me in closer by opening his door to his truck and saying come on come on. I was thinking if I turn my back I won’t see him coming.
Thanks for all the great advice, yes it is better to just ignore someone like this and that’s what I’ll do for now on. I’m sure he will find that right person that won’t go easy on him like I did.