Assault

[RBE]

I live in California. About a month ago four friends and I were going to make a bonfire. While unloading wood from my friend's truck four men passed us and without provocation began to harass us. They were belligerent, and my assumption is, drunk. On a return trip to the truck for more firewood these four were there. They began yelling at me and two friends, and then all went blank for me. I remember being choked from behind, wheezing on the ground, and then the next thing I knew I was giving the police my ID and bleeding from the head.

Fortuitous or not I also somehow remember the vehicle they drove and its license plate. My only guess is I took it in memory by habit the first tiem we passed them.

My two friends were there. One was injured slightly--burst blood vessel in his eye and a sprained ankle--and the other didn't fight. As shameful as it is for him--according to my other compatriot he stood as I was being pummeled by two of my assailants, I unconscious, he watching.

The police have made no headway in a month. Despite a "beat" sheriff seing the vehicle drive away at "excessive speed" and that they fled from the scene of the crime, the police aren't doing anything. The detective on the case hasn't returned any of my phone calls save one (I've kept detailed records of all communications, attempted or successful, and has never been in the department when I dropped by with the medical records he requested.

He talked to the driver of the vehicle (who per my two friends was not in the fight), who admits to being there and there being a fight, but his story differs and that is the end of the officer's help. I don't expect anyone guilty of assault or complicity in it to tell the truth, so I'm stunned at the officer's lack of initiative. The driver refuses to give up the three men who assaulted me and my friend.

Is it legal for the officer to cover himself from liability by not doing anything in the case? Is it not obstruction of justice that the driver will not identify his three accomplices? How do I proceed? I live in the East Bay California, and don't know any private detectives and would prefer not to check the Yellow pages, which will be a lottery. I have considered writing to the local paper. I need help with this because I'm also stuck with a $6,000 hospital bill from the incident. Any advice you can give I appreciate.

Thanks.
rbe

 

[outonbail]

I live in California. About a month ago four friends and I were going to make a bonfire. While unloading wood from my friend's truck four men passed us and without provocation began to harass us. They were belligerent, and my assumption is, drunk. On a return trip to the truck for more firewood these four were there. They began yelling at me and two friends, and then all went blank for me. I remember being choked from behind, wheezing on the ground, and then the next thing I knew I was giving the police my ID and bleeding from the head.

Where were you and your friends making this bonfire? Were you making it in an area that would be considered a fire hazard area, like the mountains?
I only ask because I would think these guys had some reason for confronting you. What were they saying to you? I suppose there could have been a few drunk guys who said to themselves, "Hey, let's go beat up the first group of people we see". But it would make more sense if one of them lost his home to a bonfire that may have gotten out of control recently.
Not that it would justify their actions, but it would provide a motive. It just seems ridiculous to think these guys decided to brutally beat up you and one of your four friends, just for a few laughs.

Fortuitous or not I also somehow remember the vehicle they drove and its license plate. My only guess is I took it in memory by habit the first tiem we passed them.

Where did you pass them? You just posted that they passed you....

My two friends were there. One was injured slightly--burst blood vessel in his eye and a sprained ankle--and the other didn't fight. As shameful as it is for him--according to my other compatriot he stood as I was being pummeled by two of my assailants, I unconscious, he watching.

There must have been a reason these guys focused on you and one friend. It sounds like maybe you are suffering from a case of selective memory loss. Were you drinking at the time?

The police have made no headway in a month. Despite a "beat" sheriff seing the vehicle drive away at "excessive speed" and that they fled from the scene of the crime, the police aren't doing anything. The detective on the case hasn't returned any of my phone calls save one (I've kept detailed records of all communications, attempted or successful, and has never been in the department when I dropped by with the medical records he requested.

Actually, you have no way of knowing what the detectives have done. If the investigation is ongoing, they are probably not going to provide you with any details, especially not details like the names and addresses of the suspects.

He talked to the driver of the vehicle (who per my two friends was not in the fight), who admits to being there and there being a fight, but his story differs and that is the end of the officer's help. I don't expect anyone guilty of assault or complicity in it to tell the truth, so I'm stunned at the officer's lack of initiative. The driver refuses to give up the three men who assaulted me and my friend.

If the driver transported these guys to the scene of the crime and then assisted them by driving them from the scene at a high rate of speed in order to flee from the scene of the crime, then he is just as guilty of the assault as the guys who were throwing the actual blows. His hands are just as dirty (or in this case, bloody)in the eyes of the law.

Is it legal for the officer to cover himself from liability by not doing anything in the case?

The officer does not have to cover himself from liability, because he is not liable for anything in this situation. Unless he sent these guys there to beat you up or threw a few punches himself.
In fact, the law does not require any officer to make an arrest on any particular case or even investigate it for that matter. So the police are not liable for the actions of these four mystery suspects and they are not liable for anything if they never locate and/or charge them with a crime.

Is it not obstruction of justice that the driver will not identify his three accomplices?

It all depends. He may claim not to even know them, so we have no way of knowing his relationship or what his rendition of the incident may be.

How do I proceed? I live in the East Bay California, and don't know any private detectives and would prefer not to check the Yellow pages, which will be a lottery. I have considered writing to the local paper. I need help with this because I'm also stuck with a $6,000 hospital bill from the incident. Any advice you can give I appreciate.

All I can suggest is to be a little more patient and give the detectives some time to do their job. You can always sue the suspects in civil court for your medical bills, pain & suffering and punitive damages. However, it would be in your best interest to wait until they are convicted of the assault first as this will about guarantee your success in civil court.

Now if it turns out that you and your friends were the instigators in this fight and you just don't remember, then you will not likely see anything in your favor coming from either the civil or criminal courts.

 

[RBE]

Hey Outonbail, thanks for your response.

In all honesty a bonfire in California's almost never a good idea, but this one was by the delta in Port Costa (old historic port), five feet from the shore. If the police want to prosecute my friends and me for hideous errors in judgement that's not this case. They were on foot in a parking lot as were we, hence we passed each other. I would say they were drunk because my friends tell me there was a trash heap of beer bottles and boxes near the bonfire. It seems like it was an unfortunate area to be.

I don't know why they were belligerent, they just kept yelling "******s" at my friends and me. As for why they beat only two of us, one of my friends was off schmoozing his girlfriend instead of helping us gather firewood, and my other friend...well I don't know. He's never said a word about his own comportment and I can't get it out of him. He's also diminutive in stature, it's possible they "picked on someone their own size." The one guy ran up behind me and sucker punched me in the head per friend 1 (who attempted to defend me at least--I got pneumonia and influenza a just two weeks before and lost 20 pounds, so I guess I'm an easy knockout).

Selective memory or not this was unprovoked. A quick DMV check on the smog database shows he smogged the truck (and probably lives in) an area much less likely to burn to the ground, so irrational rage versus communication over a fire is unlikely.

As for the beat sheriff, he mentioned to friend 1 that he made note to himself the truck was leaving the parking lot at a high rate of speed, and the detective on the case "brought me up to speed" the one time he managed to find his telephone.

Friend 1 failed the photo lineup, and friend two (diminutive fellow) has been in and out of town so that the detective on the case has failed to find his phone at the right time. I don't expect the names and addresses of my assailants but for my friends who do remember something of the night's proceedings a live lineup would provide another dimension of detail and maybe keep friend 2 from failing to id the man driving. I only mention the detective protecting himself from liability because I imagine he'd be reticent to bring in the man driving for a living lineup given he's not done so.

As for the law not requiring anyone to make anything of this incident then I wonder why American tax dollars pay them. The sheriff is an elected official so ostensibly he at least is accountable to the court of public opinion.

I'm aware of civil court. That's why I ask about a private detective. I am simply hedging my bets ahead of time. At the rate the police are communicating with me about this it seems fairly likely nothing will happen.

Seeing as we can agree the driver has just as much blood and responsibility for the staples put in my head, the two chipped teeth, the swollen jaw and face, and the constant headaches I've had since, I am fairly distraught that the police haven't brought him in for a live lineup.

There's an unfortunate twist to this story. These men knew each other. Friend 3 (off schmoozing his girlfriend) brought his younger brother along. His younger brother confided in him that he recognized the four through some convoluted chain of associations (friend's sister's boyfriend's friend he told me or something to that effect). He refuses to get involved.

As for starting or provoking this fight I've lived my entire life wary of fights. I have a congenital health problem that makes any sort of contact sport or violence potentially fatal. I'm already lucky enough the staples in my head covered a wound a mere three inches from a catheter in my brain. I know myself well enough to know I didn't provoke anything, and I trust my two compatriots weren't stupid enough to do it themselves. As is there's enough drama surrounding this anything's possible.


Regardless I'm in the process of trying to find a lawyer for civil court in case the criminal case fails to materialize and finding a private investigator to divulge the identities of the three other men who sent me to the hospital (to bring them to court as well).

As for being patient I've learned far too many times in my life that time is essential to matters and the fact that the detective claims to be waiting on friend 2 for the lineup ID and yet never calls him back (or anyone for that matter) is unacceptable. It's also important seeing as none of my compatriots has had a chance to view the assailants again, so their memories will only grow more fleeting with time.

It seems we need to define instigate. I know I didn't instigate the fight, again because I have to fear for my life and I'm not willing to put a price like that on the line. Add that I weigh 135 at 6 feet tall after the flu and pneumonia gripped me and the thought of fighting is petrifying to me. I said nothing to these people and friend one and two claim likewise. If instigating is physical or verbal as you use it then I have no fear. If my Chi was off, I couldn't tell you and I still have to find the accomplices and ask them if that was their motive. Not to put you on a spot, but hypothetically had someone said anything as a verbal provocation, what verbal abuse would justify sending me to the hospital and letting four men--who attacked 3, one of whom ostensibly ran--go unaccountable for their actions? That's barbaric. And in that case there is nothing else. I remember everything leading up to the sucker punch that knocked me out and the (per friend 1) five minutes they spent knocking me down every time I stood up and tried to escape.

To recap it appears I have to give the police time (which I will do, but I expect to be kept abreast--the reason is very simple. Had I not contacted the sheriff, I would have heard not a single word in a month. I have dealt with important issues before and generally, left undisturbed, most people tend to try to let these things die rather than doing their jobs), and I intend to take them to civil court. Basically I have to have faith or get on with my life?

 

[CdwJava]

First, I would like to point out that UNLIKE television, REAL crimes take a while to pursue. Knowing who did it and proving it are different things entirely. If the cops found the suspect vehicle, but none of you can identify any of the suspects, then they have no case. They cannot force the owner of the truck to say who was driving it on a particular night.

As for the beat sheriff, he mentioned to friend 1 that he made note to himself the truck was leaving the parking lot at a high rate of speed, and the detective on the case "brought me up to speed" the one time he managed to find his telephone.

Yours is not the only case the detective is investigating. He does not have to keep you "up to speed" on ANYTHING! Most cases involve the occasional follow-up punctuated by long periods of nothing happening.

Friend 1 failed the photo lineup, and friend two (diminutive fellow) has been in and out of town so that the detective on the case has failed to find his phone at the right time. I don't expect the names and addresses of my assailants but for my friends who do remember something of the night's proceedings a live lineup would provide another dimension of detail and maybe keep friend 2 from failing to id the man driving.

A "live lineup" is unlikely to happen. Unless they have all the suspects in custody, or can convince them to volunteer for such a lineup, it ain't happening.

Sadly, if the photo lineup does not work and interviews with the potential suspects fails to trip them up sufficiently to support an arrest, no such arrest or prosecution is likely.

I only mention the detective protecting himself from liability because I imagine he'd be reticent to bring in the man driving for a living lineup given he's not done so.

Yep, he would have HUGE liability forcing someone to come in without probable cause to make an arrest or the consent of the person. He has no liability for not solving your case, but huge liability for falsely arresting someone.

As for the law not requiring anyone to make anything of this incident then I wonder why American tax dollars pay them. The sheriff is an elected official so ostensibly he at least is accountable to the court of public opinion.

That is why enforcement is a political decision not a legal one. None of us could afford the costs of law enforcement if it were REQUIRED to investigate and send every reported crime to trial.

I'm aware of civil court. That's why I ask about a private detective. I am simply hedging my bets ahead of time. At the rate the police are communicating with me about this it seems fairly likely nothing will happen.

Unlike television, most real criminal investigations of this sort could take months. We have a stabbing my detectives are working where we KNOW who the suspects are, but the victims (three of them - one stabbed, two assaulted) have been unable to identify any of the suspects in photo lineups. Further investigation has so far failed to yield anything, but we are hoping we can shake something loose in the next couple of months.

Most crimes take time - months. They are not solved in an hour like on TV.

A civil suit requires a much lower burden of proof than a criminal prosecution, so a civil court may be a good place for you to exact some form of justice.

Seeing as we can agree the driver has just as much blood and responsibility for the staples put in my head, the two chipped teeth, the swollen jaw and face, and the constant headaches I've had since, I am fairly distraught that the police haven't brought him in for a live lineup.

The police can NOT bring him in for a lineup without his consent ... it is called false arrest.

There's an unfortunate twist to this story. These men knew each other. Friend 3 (off schmoozing his girlfriend) brought his younger brother along. His younger brother confided in him that he recognized the four through some convoluted chain of associations (friend's sister's boyfriend's friend he told me or something to that effect). He refuses to get involved.

That's too bad, because that witness could be the key to turning the case around. It is through cooperating witnesses that cases are solved.

Regardless I'm in the process of trying to find a lawyer for civil court in case the criminal case fails to materialize and finding a private investigator to divulge the identities of the three other men who sent me to the hospital (to bring them to court as well).

Good idea. But, you also need to consider the realistic financial evaluation ... do these guys have the money to cover your medical expenses AND the cost of your investigators and attorneys? If these are a bunch of yay-hoos, you may be throwing good money after bad.


- Carl

 

[RBE]

I'm sorry Carl I thought you had advice to give not admonition. My apologies, I'll seek the help of someone qualified after I get done playing Spaceman Spiff and join the real world.

 

[outonbail]

OK, I see what's happened, I recognize it in your tone. The guys who beat you up committed a hate crime.

They were out Gay bashing correct?

This is also why you believe the police are not doing anything about it correct?

 

[CdwJava]

I'm sorry Carl I thought you had advice to give not admonition. My apologies, I'll seek the help of someone qualified after I get done playing Spaceman Spiff and join the real world.

I am sorry if you do not like THE LAW, and common police practices, but there it is. Show me a department that has investigators they can devote to only ONE crime at a time, and I'll show you an agency that has WAAAY too much funding.

Please cite one thing I said that was an "admonition". You asked for explanations, and they were provided.

A "live" lineup is almost certainly not going to happen. If you think the police cna just drag suspects in to the police department for a lineup, you have been watching far too much TV. At least in CA a live lineup is a very, very, VERY rare thing. Aside from in-field lineups, live lineups are so rare that in my 18 years on the job I am aware of it being done ... twice? I think ... And both were because they had the suspect in custody at the jail, they both agreed to the lineup after consultation with attorneys, and the other inmates were all given goodies from the canteen to cooperate. Forcing someone to come to the police department against their will is called an "arrest". To do that they need probable cause to believe he committed a crime (and for one not in their presence, it has to be a felony). Apparently the police do not yet believe they have that level of proof.

Your uncooperative friend could turn the whole thing around. It is not the fault of the police if there are no witnesses to say who did what. they cannot just shrug and say, "Well he probably did it, so we're going to toss him into jail." The law does not allow them to do that with such cavalier disregard.

- Carl