Why isn't this guy getting charged?

[oyvey]

This is in Texas.

A teacher's son (17, adult in texas for criminal) sucker punched my son (16) and broke his jaw. I didn't know what happened until the next day. The only adult eye witness is another teacher, and friend of the assailant's mother, so he did not call the police.

No one is contesting that the other student is at fault. They're calling it a "boys will be boys" situation. I am out thousands of dollars in medical expenses. When I wanted the other student to be punished we received multiple threats from people in the town (they have been in the town for generations) and we had to move.

I reported the attack to the police and though they have told me something is going to happen (in July they told me it was going to the grand jury) nothing ever happens. I want the assailant charged. I don't know what the charges should be, but maximum is a felony aggravated battery with serious bodily injury.

I talked to the county attorney last week and we was only vaguely familiar with the case. He suggested I take it to small claims court. What am I supposed to do from here?

 

[cbg]

Sue the kid's parents for your medical expenses and accept that it is not up to you whether he is criminally charged or not. If the DA is not willing to do so, there is nothing you can do and no law you can invoke that will force him to.

 

[quincy]

This is in Texas.

A teacher's son (17, adult in texas for criminal) sucker punched my son (16) and broke his jaw. I didn't know what happened until the next day. The only adult eye witness is another teacher, and friend of the assailant's mother, so he did not call the police.

No one is contesting that the other student is at fault. They're calling it a "boys will be boys" situation. I am out thousands of dollars in medical expenses. When I wanted the other student to be punished we received multiple threats from people in the town (they have been in the town for generations) and we had to move.

I reported the attack to the police and though they have told me something is going to happen (in July they told me it was going to the grand jury) nothing ever happens. I want the assailant charged. I don't know what the charges should be, but maximum is a felony aggravated battery with serious bodily injury.

I talked to the county attorney last week and we was only vaguely familiar with the case. He suggested I take it to small claims court. What am I supposed to do from here?

Even if no criminal charges are filed, you can sue to recover medical costs that can be attributed to the other fellow in the fight.

The county attorney you spoke to advised you well.

 

[oyvey]

I just can't accept that. If you are a teacher's kid you can attack people? That can't be right. I am considering contacting newspapers, the Texas Education Agency (since this happened at a school event) picketing in front of the police station and DA's office. Soft on crime is not popular here in Texas.

I'm definitely not giving up. I will never stop trying to get justice for this. I'm just looking for ideas. Doing nothing is not an option.

 

[not2cleverRed]

I just can't accept that. If you are a teacher's kid you can attack people? That can't be right. I am considering contacting newspapers, the Texas Education Agency (since this happened at a school event) picketing in front of the police station and DA's office. Soft on crime is not popular here in Texas.

I'm definitely not giving up. I will never stop trying to get justice for this. I'm just looking for ideas. Doing nothing is not an option.

Suing for medical expenses isn't nothing.

You are spinning wheels, full of anger, getting nowhere. Focus on what you have control over first. You can't control the police, the school, the DA. But you CAN sue to recoup medical costs, and paying for damages is a punishment.

 

[mjpayne]

I just can't accept that. If you are a teacher's kid you can attack people? That can't be right. I am considering contacting newspapers, the Texas Education Agency (since this happened at a school event) picketing in front of the police station and DA's office. Soft on crime is not popular here in Texas.

I'm definitely not giving up. I will never stop trying to get justice for this. I'm just looking for ideas. Doing nothing is not an option.

Unfortunately, criminal charges are pretty much up to the DA. There are lots of reasons they can choose to not pursue a charge, like not thinking they can get a conviction. On top of that he can have a large workload and small-time crime like this probably gets put at the bottom of the pile and "he'll get to it when he gets to it." Your only option is suing in small claims court.

Writing to the paper is not a bad idea. If the DA has 10 similar cases and one made the paper, he may address that one first just to get it out of the way. That's just a human part of the process and no way for us to predict what effect it will have.

 

[quincy]

Unfortunately, criminal charges are pretty much up to the DA. There are lots of reasons they can choose to not pursue a charge, like not thinking they can get a conviction. On top of that he can have a large workload and small-time crime like this probably gets put at the bottom of the pile and "he'll get to it when he gets to it." Your only option is suing in small claims court.

Writing to the paper is not a bad idea. If the DA has 10 similar cases and one made the paper, he may address that one first just to get it out of the way. That's just a human part of the process and no way for us to predict what effect it will have.

Pretty much?

Going to the local paper is not a good idea. For a whole host of reasons that I can go into if oyvey (and only oyvey) is interested.

I think oyvey should be concentrating on his/her son and on healing the rift between the boys rather than escalating the situation.

 

[TigerD]

Going to the papers is a bad, bad idea.
You implied, but didn't say, that this happened at school, so you could also talk to the principal. I would suggest that you talk to an attorney with expertise in school law.

TD

 

[LdiJ]

Pretty much?

Going to the local paper is not a good idea. For a whole host of reasons that I can go into if oyvey (and only oyvey) is interested.

I think oyvey should be concentrating on his/her son and on healing the rift between the boys rather than escalating the situation.

Why in the world would you suggest that "healing the rift" between OP's son and someone who broke his jaw was even remotely a good idea? Perhaps that was just poor wording on your part? I certainly would have no interest in promoting a friendship between my child and someone who broke my child's jaw.

I do think that the OP should sue for medical expenses and that does not necessary mean small claims court. In fact, I would guess that its likely that the amount of medical expenses would exceed small claims court limits.

 

[quincy]

Why in the world would you suggest that "healing the rift" between OP's son and someone who broke his jaw was even remotely a good idea? Perhaps that was just poor wording on your part? I certainly would have no interest in promoting a friendship between my child and someone who broke my child's jaw.

I do think that the OP should sue for medical expenses and that does not necessary mean small claims court. In fact, I would guess that its likely that the amount of medical expenses would exceed small claims court limits.

Healing a rift is better than escalating a dispute. It is a better way to ensure more bones aren't broken in the future.

We also don't know what the fight was about or who might have started it. We just know one of the combatants was injured more seriously than the other.

The prosecutor apparently decided not to prosecute either. The medical expenses, however, could be recovered through a lawsuit.

 

[RJR]

If the DA is not willing to do so, there is nothing you can do and no law you can invoke that will force him to.

Texas permits a Private criminal prosecution of sorts, as some states do. From what I read a victim may approach a grand jury on his or her own to seek an Indictment. Ohio used to have a similar statute but was replaced in 2006 with a different remedy, but still initially out of the hands of the Prosecutor.

I will admit it would be very very expensive if pulled off.

Ordinarily though a private citizen has no cognizable interest in the Prosecution of another.

 

[quincy]

Texas permits a Private criminal prosecution of sorts, as some states do. From what I read a victim may approach a grand jury on his or her own to seek an Indictment. Ohio used to have a similar statute but was replaced in 2006 with a different remedy, but still initially out of the hands of the Prosecutor.

I will admit it would be very very expensive if pulled off.

Ordinarily though a private citizen has no cognizable interest in the Prosecution of another.

Can you please provide a cite to the law. Thanks.

 

[RJR]

Can you please provide a cite to the law. Thanks.

I knew about such from past study, but wasn't up on it.

I got it from this site after I keyed in about private prosecutions:

https://nccriminallaw.sog.unc.edu/private-citizens-initiating-criminal-charges/

• Some states apparently allow crime victims or witnesses to approach the grand jury to seek an indictment. Douglas E. Beloof, Weighing Crime Victims’ Interests in Judicially Crafted Criminal Procedure, 56 Cath. U. L. Rev. 1135 (2007) (explaining that such a right exists in Texas).

 

[cbg]

Maybe it's just me, but I'm only seeing where a private citizen can go straight to the DA and make a request, bypassing the police. It appears that this OP has already done that. I am not seeing where a private citizen can bypass the DA and file charges on their own.

 

[RJR]

Do not know the exact statute or common law for TX, just what I posted.