sniper1227
Member
In North Carolina
It's a long story but I need advice, please read, thanks!
My girlfriend (Elaina) and I (Jonathan) were staying with her bother (Vince) and his roommates (Larry & Brandon) for a few days while we were in town for thanksgiving. About 8:30AM Thursday, November 24th there was loud banging on the front door of the trailer. Larry one of the roommates staying there went to answer the door. My girlfriend and I were at the bedroom door peaking out to see what was going on. As soon as Larry opened the door, the two men standing at the door saw us and rushed in the house and tried to get in the bedroom. The two men were my girlfriend’s ex-boyfriend and father of her child (Oto), and his friend (Gaino). My girlfriend and I tried to shut and lock the bedroom door but they broke the small bedroom door off the hinges. After they had knocked the door off the hinges and were trying to move it out of the way I thought I saw something in their hands though I’m still not sure what it was. Fearing that they may be here to harm my girlfriend, the baby, or myself so I grabbed my opened pocket knife off the dresser just incase I could use it to defend us if necessary. After they rushed in her ex-boyfriend just grabbed the baby and started talking a bunch of crap about my girlfriend, repeatedly calling her and myself “****ing *******s” and “****ing bitches.” During his ranting he pointed at me and said “And I’m going to sign custody over to your bitch-ass” As insulting as a lot of the remarks were I did not act aggressive, threatening, or really say much of anything other then ”whatever Oto” and “you need to leave.”
He then started hurling insults and pointing and getting all in Elaina’s face and she took the baby from him. Everyone in the house had told Oto and Gaino to leave by this time, and Elaina had set the baby in her swing and was arguing with them to leave, I was still in front of the bed with my knife in my hand pointing towards the ground, I wasn’t sure what happened to what they had in their hands but I was not going to set the knife down until they left. Oto was in front of Gaino and Gaino was to my left, he started to walk towards Oto then without warning he turned and punched me in the right portion of my face, Oto then turned around tried to swing at me, I dodged their next assault but fell over the corner of the bed. Gaino then jumped over top of me and hit me several times in the top portion of my head and in the chest area, during this time I was trying not to drop my knife because they might use it against me, but after I punched back at Gaino the first time I dropped the knife fearing I might accidentally cut him or myself. I struggled with Gaino trying to kick him off of me and keep them from grabbing any of the weights from the weight set beside me to hit me with, Oto had hit me in me in my left side between my shoulder and neck, but before he could do anymore Elaina had jumped in front of him pushing him back and her brother Vince restrained him from behind.
Within a few seconds of this Brandon had pulled Gaino off of me and I grabbed my knife and stood back up and stayed were I had stood. After this I was a bit groggy from the attack but saw Elaina, Vince, and Brandon holding Oto and Gaino back pushing them towards the door. Oto kept forcibly pushing Elaina trying to get to me; at this point I did issue a warning that if they attacked again or continued to basically assault her then I would defend her and myself. He then stated “he was ready to die” but gave up the struggle trying to get past them and they went to the car waiting outside for them driving by Gaino’s wife April. I did not pursue or try to harm them in anyway after they attacked me because I felt the treat to me was over but I did not close the knife until I looked out the door and saw their car leaving. During this time I called 911 from my cell phone and told them briefly what happened and they sent a deputy to the house. After he listened to our story, he ran Oto and Gaino’s names and gave me Gaino’s address so I could go file charges at the magistrate. We went right away and filed charges on Oto for Assault, Assault on a female, and Trespassing, and Gaino with Assault, and trespassing. I am not sure as of yet 11/26/05 if they have been served their warrants or not.
A few notes:
According to the deputy that responded, Gaino and Oto are both “known dope dealers” in the area and may have been under some drug influence.
Gaino and Oto both smelled heavily of alcohol.
I have an injury to my right eye which makes it very easy for my retina to be detached and therefore cause me to be permanently blind in one eye. I was told to do whatever I could to keep any trauma to that eye from occurring. With Gaino’s first punch he almost hit my right eye so at first I wasn’t even sure if damage had been done. After the incident I have had pains in my right eye but have yet to go to the eye doctor.
I felt I acted justifiably to the situation to defend Elaina, Adriana, and myself from harm.
I do have some bruising, and certain pain in my rib area, also I have what seems to be fingernail cuts on my chest and under my arm. My right eye throbs throughout the day and also certain portions of my head beneath my hair are sensitive as if they were bruised.
Do you think I acted accordingly and do you think I need a lawyer? Thanks!!!
It's a long story but I need advice, please read, thanks!
My girlfriend (Elaina) and I (Jonathan) were staying with her bother (Vince) and his roommates (Larry & Brandon) for a few days while we were in town for thanksgiving. About 8:30AM Thursday, November 24th there was loud banging on the front door of the trailer. Larry one of the roommates staying there went to answer the door. My girlfriend and I were at the bedroom door peaking out to see what was going on. As soon as Larry opened the door, the two men standing at the door saw us and rushed in the house and tried to get in the bedroom. The two men were my girlfriend’s ex-boyfriend and father of her child (Oto), and his friend (Gaino). My girlfriend and I tried to shut and lock the bedroom door but they broke the small bedroom door off the hinges. After they had knocked the door off the hinges and were trying to move it out of the way I thought I saw something in their hands though I’m still not sure what it was. Fearing that they may be here to harm my girlfriend, the baby, or myself so I grabbed my opened pocket knife off the dresser just incase I could use it to defend us if necessary. After they rushed in her ex-boyfriend just grabbed the baby and started talking a bunch of crap about my girlfriend, repeatedly calling her and myself “****ing *******s” and “****ing bitches.” During his ranting he pointed at me and said “And I’m going to sign custody over to your bitch-ass” As insulting as a lot of the remarks were I did not act aggressive, threatening, or really say much of anything other then ”whatever Oto” and “you need to leave.”
He then started hurling insults and pointing and getting all in Elaina’s face and she took the baby from him. Everyone in the house had told Oto and Gaino to leave by this time, and Elaina had set the baby in her swing and was arguing with them to leave, I was still in front of the bed with my knife in my hand pointing towards the ground, I wasn’t sure what happened to what they had in their hands but I was not going to set the knife down until they left. Oto was in front of Gaino and Gaino was to my left, he started to walk towards Oto then without warning he turned and punched me in the right portion of my face, Oto then turned around tried to swing at me, I dodged their next assault but fell over the corner of the bed. Gaino then jumped over top of me and hit me several times in the top portion of my head and in the chest area, during this time I was trying not to drop my knife because they might use it against me, but after I punched back at Gaino the first time I dropped the knife fearing I might accidentally cut him or myself. I struggled with Gaino trying to kick him off of me and keep them from grabbing any of the weights from the weight set beside me to hit me with, Oto had hit me in me in my left side between my shoulder and neck, but before he could do anymore Elaina had jumped in front of him pushing him back and her brother Vince restrained him from behind.
Within a few seconds of this Brandon had pulled Gaino off of me and I grabbed my knife and stood back up and stayed were I had stood. After this I was a bit groggy from the attack but saw Elaina, Vince, and Brandon holding Oto and Gaino back pushing them towards the door. Oto kept forcibly pushing Elaina trying to get to me; at this point I did issue a warning that if they attacked again or continued to basically assault her then I would defend her and myself. He then stated “he was ready to die” but gave up the struggle trying to get past them and they went to the car waiting outside for them driving by Gaino’s wife April. I did not pursue or try to harm them in anyway after they attacked me because I felt the treat to me was over but I did not close the knife until I looked out the door and saw their car leaving. During this time I called 911 from my cell phone and told them briefly what happened and they sent a deputy to the house. After he listened to our story, he ran Oto and Gaino’s names and gave me Gaino’s address so I could go file charges at the magistrate. We went right away and filed charges on Oto for Assault, Assault on a female, and Trespassing, and Gaino with Assault, and trespassing. I am not sure as of yet 11/26/05 if they have been served their warrants or not.
A few notes:
According to the deputy that responded, Gaino and Oto are both “known dope dealers” in the area and may have been under some drug influence.
Gaino and Oto both smelled heavily of alcohol.
I have an injury to my right eye which makes it very easy for my retina to be detached and therefore cause me to be permanently blind in one eye. I was told to do whatever I could to keep any trauma to that eye from occurring. With Gaino’s first punch he almost hit my right eye so at first I wasn’t even sure if damage had been done. After the incident I have had pains in my right eye but have yet to go to the eye doctor.
I felt I acted justifiably to the situation to defend Elaina, Adriana, and myself from harm.
I do have some bruising, and certain pain in my rib area, also I have what seems to be fingernail cuts on my chest and under my arm. My right eye throbs throughout the day and also certain portions of my head beneath my hair are sensitive as if they were bruised.
Do you think I acted accordingly and do you think I need a lawyer? Thanks!!!
