throwing object at a moving vehicle/child endangerment

[TrueGamer]

What is the name of your state? california


on thursday my boyfriend got arrested for a warrant he did not know about , here's the story 3 people where exiting a fast-food restaurant on march 23rd , they looked at me with a dirty look i got out and asked them if i knew them from somewhere.. one of them(the guy) started cursing me out and i told him why was he doing that , then my boyfriend got out and said "whats your problem" then i said lets go.

then the woman that was with the guy who cursed me out started cursing me out she wanted to hurt me , i told her i wont touch you i know law and if you touch me i can defend my self but if you hit me you will go to jail, then she threw a big cup of water at my face and slapped me and pushed me against the floor , and still hitted me my boyfriend saw the guy going towards me and he grabbed him to protect me ( the bad guy) punched my bf in the face and broke three front teeth of his and sprained my bf's knee and hand. he was very hurt . then they ran off and i chased after them and traffic stopped us my boy friend got out of my car and the black guy was gonna switch with his wife(possibly) giving her the drivers seat and him the back the child was grabbed by the 3rd person in the vehicle in the front with no car seat or seatbelt on the child. they started running off and i chased after them again. i wanted to get the cop''s attention with honking i tried to call but my phone was off.

i saw the woman let go of the guy somewhere so he could run-off . then the police came but he was gone. then the cop's came and my bf was arrested and they took the p.report i told them what happened and i had 3 people as witneses that where outside.

later i found out my report was taken as a witness not a victim ( eventhough they started)
my bf went to pasadena jail and realesed because of his injuries.

we got no court date or anything but a ping booking slip and a paper relesing him, theN on thursday the police handcuffs him at our room and tells him he had a warrant , we had no idea he missed a court date to attend on april 24 ( if we knew we would had prosecuted these people). he went for an arreignment on monday and he declared not guilty and he has a 40000 bail and a court date for june 30th he is now in the lrc county jail . i dont know what to do they wont hear me i wasent subpeona as a witness eighther. i need some really good advice please.

charges are : throwing object at a moving vehicle
child endangerment

please also tell me what could be the outcome of this case.

 

[outonbail]

Unfortunately, the forum's crystal ball suffered a fall a while back and shattered. This leaves us without the means of seeing into the future.

But, don't get discouraged just yet, as there are other methods we can fall back on which are of course, not nearly as reliable as was the witchy ball gismo. But now and then, we can come up with a lucky guess.
The only drawback is that we need a little more information to narrow down the possibilities.
But from what you've posted, Your boyfriend can be looking at anything from a couple years of informal probation, all the way up to several years in state prison.

If you want anything closer than that, your going to have to come up with some accurate information rather than spinning the tale in a way which makes it appear that your boyfriend is the victim in this unfruitful episode of road rage.

Obviously he is, or was the aggressor, from the point where you shot off your mouth, all the way up to his arrest. This is certainly a tough way to learn that it is better to ignore someone's "looks" and keep your big mouth shut, than to react the way you chose.

So, do you have the exact charges that have been filed? If so, post them.
Was or is your boyfriend on probation or parole when this all took place?
What does his past arrest record look like? Clean or does he have a dozen or so violent arrests with a DUI or two. Maybe a couple of possessions and a burglary thrown in for good measure?

Also, the jail doesn't release a suspect because of his injuries. They have a jail ward at the hospital for injured people to stay until they heal enough to stay in the county jail.

So either the DA wasn't sure about filing charges and released him until all the facts were in, or your boyfriend was OR'd and signed a promise to appear, or, he posted bail.

The best advice he could be given at this point, is to hire himself a good attorney.

The best advice you can follow, is to ignore whoever gives you "dirty" looks from now on. Resist the urge to jump out of your vehicle to toss your attitude around and bump your gums in a confrontational manner. This way your boyfriend doesn't have to suffer getting his a$$ kicked and being arrested for coming to your rescue again.

 

[TrueGamer]

no he did not have parole or anything, he just got arrested before for spousal abuse but was realeased and the D.A denied it.

and the charges are
child endangerment/throwing object at a moving vehicle.

and yeah i know i should had not talked to them but i thought i knew them from somewhere peobably high school, all i did was ask hey do i know you guy's and the persons appeard to be one of those black girls whop will get pissed off at you for anything, the guy was a big buff black guy you seriusly think i would had talked to him if i knew he would get mad?

the fact is we got attacked first and i am bneing harrased by the couple when i go for walk's
i wanna prosecute and charge them with battery and sue them for my boyfriends damages witch are 5000 for his dental work and hospital bill.

i need to know more what should i do what might happen?

but thanks for your reply!

 

[xxuanxx]

You cannot sue for your BF medical expenses, he has to do that.

Appears that they knew your BF name and were able to provide it to the officer and claimed that you threw something at their car.

The "they started it", "he hit first", "he threw the first punch" is getting old .... unless you have witnesses; but appears that you don't. Your BF ended up with a fist in his face because of it ...

Most likely that you started it with your big mouth, and followed it by throwing a cup or something at them. They appear to be more versed in street smarts, so they screwed you first.

This is what the judge will conclude. He will drop the hammer and waite for Part-II.

 

[CdwJava]

and the charges are
child endangerment/throwing object at a moving vehicle.

PC 273a can be a felony or a misdemanor depending on the nature of the allegation and the specific subsection charged ... it could be very bad - prison and a fine at the high end, county jail and a fine at the low end.

Throwing an object at a vehicle is a misdemeanor violation of CVC 23110 ... county jail and a fine only.

the fact is we got attacked first and i am bneing harrased by the couple when i go for walk's
i wanna prosecute and charge them with battery and sue them for my boyfriends damages witch are 5000 for his dental work and hospital bill.

As you were told, your boyfriend could try to sue them - you cannot. However, it is going to be kinda hard to win a lawsuit for an act in which he was charged. However, as it appears that no charges have been forwarded yet for the assault, that may be a seperate matter from the child endangerment and throwing objects charges.

Your boyfriend should talk to the police about reporting the assault on him. However, this could backfire.

As you were also informed, judges (and the police) tend to get tired of convoluted fights involving people with running mouths. And since the other people will have a completely different version of events and who started what, no court will be able to make a well-informed decision. Apparently they went with the charges they feel they CAN support.

- Carl

 

[TrueGamer]

You cannot sue for your BF medical expenses, he has to do that.

Appears that they knew your BF name and were able to provide it to the officer and claimed that you threw something at their car.

The "they started it", "he hit first", "he threw the first punch" is getting old .... unless you have witnesses; but appears that you don't. Your BF ended up with a fist in his face because of it ...

Most likely that you started it with your big mouth, and followed it by throwing a cup or something at them. They appear to be more versed in street smarts, so they screwed you first.

ok we did not know these people at all, and they did start it WHY WOULD THEY LET THE OTHER GUY RUN OFF? AND WHY DID MY BF GET HURT THE MOST? THE ROCK THING HAPPENED AFTER THEY ATTACKED HIM. AND I HAVE 3 PEOPLE THAT SAW WHAT HAPPENED OUTSIDE THE PLACE, BUT THE DETECTIVE IS BEING LAZY AND NOT GETTING MY SIDE OF INFO JUST THEIRS.

 

[CdwJava]

ok we did not know these people at all, and they did start it WHY WOULD THEY LET THE OTHER GUY RUN OFF?

Maybe because they didn't know what was going on when they first contacted you and he. The police can't just stop and detain people because someone points at them and says, "Stop them!" We kinda gotta have a lawful cause.

AND WHY DID MY BF GET HURT THE MOST?

Because he lost the fight?

Even aggressors can get thumped. I know of cases where an armed robber got his collar broken and a few ribs cracked when he pulled a knife on a Tae-Kwon-Do instructor. The loser is no tnecessarily the victim.

THE ROCK THING HAPPENED AFTER THEY ATTACKED HIM.

That does not make it "okay". It's a seperate offense.

AND I HAVE 3 PEOPLE THAT SAW WHAT HAPPENED OUTSIDE THE PLACE, BUT THE DETECTIVE IS BEING LAZY AND NOT GETTING MY SIDE OF INFO JUST THEIRS.

Then, maybe, get the witnesses to write out statements and present them to the police along with their contact information.

But, my suggestion would be to give all this information to his attorney. It's possible that if the tale is different than that reported to the DA that the DA may decide to turn the tables. However, it is also possible that there are two seperate issues - the rock throwing being issue number two and the fight being issue number one ... and the fight may just be considered "a wash" by the police and the prosecutor.

Very often DA's won't charge on mutual fights when no "primary aggressor" can be proven.

- Carl

 

[outonbail]

You cannot sue for your BF medical expenses, he has to do that.

Appears that they knew your BF name and were able to provide it to the officer and claimed that you threw something at their car.

The "they started it", "he hit first", "he threw the first punch" is getting old .... unless you have witnesses; but appears that you don't. Your BF ended up with a fist in his face because of it ...

Most likely that you started it with your big mouth, and followed it by throwing a cup or something at them. They appear to be more versed in street smarts, so they screwed you first.

This is what the judge will conclude. He will drop the hammer and waite for Part-II.

XXX, what are you doing here in the middle of the day? Don't you have a class to be teaching or a twenty dollar date to tend to?

TrueGamer,
Trying to read what you were saying in your original post is a bit confusing and much of it doesn't make much sense. But here's my take on what I'm getting out of it.

The domestic violence charge your boyfriend has on his record will certainly work against him in court as will the failure to appear. These two points are probably the main reason why your boyfriend is sitting in jail right now.
The other problem you may want to explain, is why would you chase these people if they were "buff" and the type, "who get pissed off at you for anything?" This doesn't make any sense at all.
Common sense should have told you that you would have been better off taking your, "very hurt" boyfriend to an emergency room, where he could receive treatment for his injuries and let the police deal with the suspects.

So what did you and/or your boyfriend do during this pursuit of the "bad guy"? What was thrown at them or what was it they allege was thrown at them?

I'm not clear on how honking your horn was going to get a cops attention. Was there an officer close by watching this drama unfold at the time? Why wouldn't you simply turn your cell phone on if it was off at the time? Even if the bill wasn't paid and the phone wasn't able to make normal telephone calls, you can still dial 911 on the phone in the case of an emergency. So all these moot facts your tossing into the equation don't make sense and just confuse the issue.
How did the police finally get involved? Did the other party call them on their phone and report that they were being followed by two people who were trying to assault them with a baby in their car?

the fact is we got attacked first and i am bneing harrased by the couple when i go for walk's
i wanna prosecute and charge them with battery and sue them for my boyfriends damages witch are 5000 for his dental work and hospital bill.

So, you're saying that neither you or your boyfriend, had any clue that he was to appear in court to answer to the charges brought against him, as a result of the allegations reported by these people. Yet, they have been harassing you since March when this all took place?
Did you report this harassment to the police or try to get a restraining order to stop them from bothering you? If not, why not?

i dont know what to do they wont hear me i wasent subpeona as a witness eighther. i need some really good advice please.

Since your not currently charged with any crime, there is no reason for the DA to have you brought into court. The arraignment is not the time to bring witnesses in to contest the charges, it's simply a hearing to give your boyfriend an opportunity to admit or deny his guilt for the charges filed against him. Since he has pled not guilty, you still may be asked to testify on his behalf at trial, but that decision will be made by his defense attorney, if and when the time comes.
You are obviously emotionally involved in this whole mess and expecting something to happen from that prospective. But things don't work the way you would like them to. The only thing you can do at this point is stay out of trouble and wait until his attorney contacts you. If his attorney doesn't want you involved, then you should follow this advice and keep a low profile until the case is settled.

If you want to do something to help your boyfriend, you might consider getting a job so you can place money on your boyfriend's books. Jail sucks but it will suck a little less if he can buy a candy bar and make a few phone calls.
Again, if his attorney doesn't want you to appear as a witness, don't question why, just vaccept that there is a good reason and keep your distance.

For now you should do what you can to avoid these people. You should also say as little as possible about the case and preferably, nothing at all.

 

[TrueGamer]

to carl answers to your quotes.

actually i ment the people we argued with let go of the suspect behind a best buy store.

look he did not lose the figth actually the guy (agressor) attacked him first, by breaking his 3 front teeth and arm but my BF still fought and he sqeezed that guy's ball's ti'll he begged to let go (he told me) and he punched him all this was self defense and this guy ran away and the cop's don't know why or where he is.

i left a message to the detective and called the cops i saw the witness todayat the same spot and he was willing to talk, but no one wanted to show up to take his report.

 

[TrueGamer]

The other problem you may want to explain, is why would you chase these people if they were "buff" and the type, "who get pissed off at you for anything?" This doesn't make any sense at all.

well i was in my car and i wanted to get their plate numbers.

Common sense should have told you that you would have been better off taking your, "veryhurt" boyfriend to an emergency room, where he could receive treatment for his injuries and let the police deal with the suspects.

i regret that i feel it's all my fault and i will never forgive my self for it.

So what did you and/or your boyfriend do during this pursuit of the "bad guy"? What was thrown at them or what was it they allege was thrown at them?

it was a football sized rock.

I

'm not clear on how honking your horn was going to get a cops attention. Was there an officer close by watching this drama unfold at the time? Why wouldn't you simply turn your cell phone on if it was off at the time? Even if the bill wasn't paid and the phone wasn't able to make normal telephone calls, you can still dial 911 on the phone in the case of an emergency. So all these moot facts your tossing into the equation don't make sense and just confuse the issue.

my battery was dead that's what i ment. and i told somebody to call the police from my car.

How did the police finally get involved? Did the other party call them on their phone and report that they were being followed by two people who were trying to assault them with a baby in their car?

nope they where trying to get run away after some people tried to stop the fight and call the police.

So, you're saying that neither you or your boyfriend, had any clue that he was to appear in court to answer to the charges brought against him, as a result of the allegations reported by these people. Yet, they have been harassing you since March when this all took place?
Did you report this harassment to the police or try to get a restraining order to stop them from bothering you? If not, why not?

no he or me did not know of court date.
i did talk to the sherrif but they closed the case.

If you want to do something to help your boyfriend, you might consider getting a job so you can place money on your boyfriend's books. Jail sucks but it will suck a little less if he can buy a candy bar and make a few phone calls.
Again, if his attorney doesn't want you to appear as a witness, don't question why, just vaccept that there is a good reason and keep your distance.

actually sir i do have a job i am a manger at a game store and yes i did put money on his book when i got a visit denied due to the fact he is in the i.r.c and is being prossesed. and thanks for the good advise your very nice and i loved reading your post.

For now you should do what you can to avoid these people. You should also say as little as possible about the case and preferably, nothing at all.

[/QUOTE] thank you much!