indicment on aggravated assault

[KevinE]

Background
State = GA
Roughly 30 days ago in 2011, I went out for some drinks with my child hood friend who happens to be a army veteran. I gave this friend my garage opener. The location of the drinking tavern was roughly 2 city blocks. The friend decided to get some cigarettes at the store. I deciede to drive on and return to my apartment.

Upon reaching my apartment, I saw two females outside, I asked them to allow me entry into the garage. They pushed the button and allowed me in.

Upon driving into the gartate and going to my drivin location, I saw a one person inside of his vechile in the gargage. I told myself when I park I will ask the guy to allow me access into the building via the gargage door.

I parked my vechile, step out my door and started walking toward the guy’s car. It was roughly 20 feet from where I parked.

The guy jumped out of the car and stated “Oh your trying to rob me” and the guy had something in his left hand. IT appeared to be a pistol. I froze. I do not remember anything after this event.

I woke up in a ambulance. I remember being hand-cuffed and seeing the police. The police put something in my hand. The EMS worker helped me out of my clothes and told me I would need surgery on my eye socket. I became knocked out.

I woke up in Jail. I was charged with 4 felonies. I was charged with arm robbery, assult with a deadly weapon, criminal possession of a weapon and one more charge.

I was in jail, I saw the jude 4 days later. My bond was revoked, I was held in prision indefinitely.

I have no crmininal record. I never been arreste and I am self-employed. 20 days later the lawyer whom my family hired got me bond. I was released from jail.

I am now free and released from jail. The jail could not locate my clothes, neither can the police. I went to the superior court and got a copy of my file. My file states I was arrested for trespassing in 2009. This is not true, I have no criminal record.
I received a call today indicating I have court in 5 days and I”ve been indicated on aggravated assault.
The cops never asked me any questions.

I lived at the apartment complex with a 14 month lease
I had a weapon, I have a concealed carry permit.

The injuries I suffered were from blunt force trauma. My right eye Is fractured. My jaw bone Is broken. The other guy was not arrested. The other guy said I tried to shoot him. The other guy said I was looking through car windows and he thought I was going to rob him. He said I approached his car and flash my hand gun in my waste. He said He open the car door with such force it knocked me off balance and we began a struggle.
*This part is all lies, I remember this.

He said my wallet came out and he took my gun. I do not know who contacted the police.
My question:
What the hell is going on. I think the guy beat me up, a random police was there, police arrested me and believed his story. I am out 8 grand, 5 for the lawyer. 3 for the bond.
I was told I would have to go through due process before any charges on that guy is filed and before I can sue him. The DA states the guy’s story is phishy. What is going to happen next?

 

[dave33]

It looks like a lenghty and expensive court proceeding.

 

[ERAUPIKE]

You obviously violated the terms of your conceal and carry by carrying your firearm while intoxicated. I find it somewhat strange that you remember everything very clearly until the incriminating evidence would have arose. How much did you drink that night?

 

[Dillon]

You obviously violated the terms of your conceal and carry by carrying your firearm while intoxicated. I find it somewhat strange that you remember everything very clearly until the incriminating evidence would have arose. How much did you drink that night?

that is interesting, but he may not have been intoxicatred from several drink,

 

[ERAUPIKE]

that is interesting, but he may not have been intoxicatred from several drink,

If you drink alcohol you are intoxicated to some extent. The laws, which you obviously have not read, clearly state that possessing a firearm while under the influence of any substance is illegal.

 

[KevinE]

I had one drink of a bud light. I left the drinking establishment one hour after I had one drink of a bud light. The drink was served in a glass cup. The weapon was in my vehicle. I retrieved the weapon roughly 40-50 Feet from my apartment to carry it inside. I was not carrying the weapon while intoxicated. I was at my place of residence. In addition medical records show that I suffered a Concussion. I was hit with some sort of blunt object which is why I have no memory. I believe someone was beating me while I was not conscience. Yes I remember everything very clearly, that is what is so odd to me as well. I have NEVER blacked out in my life. I have never been arrested in my life. I have no illness or sickness.


I suffered a broken eye socket.
Broken tiliabone bone in my jaw.

The other guy is A-OK with NOT one scratch on him.
The other guy had my weapon and wallet in his person when the officers arrived.

I was 50 feet away from my home apartment door.

 

[ERAUPIKE]

I had one drink of a bud light. I left the drinking establishment one hour after I had one drink of a bud light. The drink was served in a glass cup. The weapon was in my vehicle. I retrieved the weapon roughly 40-50 Feet from my apartment to carry it inside. I was not carrying the weapon while intoxicated. I was at my place of residence. In addition medical records show that I suffered a Concussion. I was hit with some sort of blunt object which is why I have no memory. I believe someone was beating me while I was not conscience. Yes I remember everything very clearly, that is what is so odd to me as well. I have NEVER blacked out in my life. I have never been arrested in my life. I have no illness or sickness.


I suffered a broken eye socket.
Broken tiliabone bone in my jaw.

The other guy is A-OK with NOT one scratch on him.
The other guy had my weapon and wallet in his person when the officers arrived.

I was 50 feet away from my home apartment door.

You were violating the law by carrying your weapon to an establishment that served alcohol and then carrying that weapon after you had consumed the alcohol. Do you really expect us to believe that you had one drink of one beer? You stated in your first post that you went out with a friend for drinks. Why did you feel it necessary to carry your weapon with you when you approaching the individual in the garage?

 

[KevinE]

The weapon is in my vechile. I am not violating the law. I had two bud lights, please excuse my mistake. It was not necessary to carry the weapon when approaching the individual in the garage. Since I carry my weapon with me consealed in a holster where if I was to wear scuba gar, a person would not be able to see it, for several months now and interact with people on a day to day basis with the same holster and legimate right as a citizen without one person ever batting an eye, I saw no reason to be leave my god given right to leave the pistol in the vechile while asking someone who lives in the same apartment complex as me to allow me entry into the apartment when its a day to day occurrence and we all do it because he simply had to press a button or say "NO". As stated before this individual attacked ME, suffered no injury and I was left unconscious with fractured facial bones as if I was pistol whipped wich in the police report did not say this and my medial reports supports this assertion.

I did not use my weapon, it is for self protection and in this case, I believe I should of used it however the other party jumped out of his vechile with a weapon in his hand already drawn and stated "YOur trying to rob me", its the same as steve urcle trying to rob someone, you would just laugh.

I do not like your tone and the advice you have given. Please do not make another remark on my thread.

Thank you in Advance

 

[Antigone*]

Dude you are a moron. Thats not what I said and please do not respond to my post.

Thank you in Advance

Dude you just insulted a well-respected member of this form. Since you've decided to behave moronically why don't you go ahead and listen to Dillon.

Birds of a feather...

 

[ERAUPIKE]

The weapon is in my vechile. I am not violating the law. I had two bud lights, please excuse my mistake. It was not necessary to carry the weapon when approaching the individual in the garage. Since I carry my weapon with me consealed in a holster where if I was to wear scuba gar, a person would not be able to see it, for several months now and interact with people on a day to day basis with the same holster and legimate right as a citizen without one person ever batting an eye, I saw no reason to be leave my god given right to leave the pistol in the vechile while asking someone who lives in the same apartment complex as me to allow me entry into the apartment when its a day to day occurrence and we all do it because he simply had to press a button or say "NO". As stated before this individual attacked ME, suffered no injury and I was left unconscious with fractured facial bones as if I was pistol whipped wich in the police report did not say this and my medial reports supports this assertion.

I did not use my weapon, it is for self protection and in this case, I believe I should of used it however the other party jumped out of his vechile with a weapon in his hand already drawn and stated "YOur trying to rob me", its the same as steve urcle trying to rob someone, you would just laugh.

I do not like your tone and the advice you have given. Please do not make another remark on my thread.

Thank you in Advance

O.C.G.A. § 16-11-127
Carrying weapons in unauthorized locations; penalty

(a) As used in this Code section, the term:

(1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, ****tail lounges, and cabarets.

(b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

(1) In a government building;

(2) In a courthouse;

(3) In a jail or prison;

(4) In a place of worship;

(5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

(6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;


Having the weapon in your vehicle is still considered possession. You stated that," I had one drink of a bud light" but now you are saying that, "I had two bud lights." I am guessing that if we keep pushing the quantity of alcohol you consumed may come closer to the truth.

If you want to discuss God given rights we will explore the rights of the other party in this situation. In the great state of Georgia, a person does not have a duty to retreat when they feel threatened. This is due to the adoption of the Castle Doctrine with the extension of a Stand your Ground Clause. In short, when Steve Urkel approaches me in a garage armed with a hand gun in a manner I perceive as threatening, I can legally meet his force with reasonable force. Instead of coming on this site crying and insulting the volunteers that may not simply agree with you. You should be thanking whatever entity you believe in that whoever beat you to a pulp didn't just shoot you in the face, because it would have been legal.

Now that the facts have been laid out for you. I will respectfully bow out from this thread. I will leave you with the option to simply tell me what you would like to hear and I will gladly cut and paste that information to this thread to make you feel better.

Hire a lawyer.