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NFP, need some legal advice....

September 25 2011 at 4:13 PM
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Dave  (Login DaveinWV)
MikeBrownSucks.com Forum Moderator
from IP address 75.117.171.172

OK, I'll just tell you what happened. I was at a gas station, the guy and girl in fromt of me started arguing because she left her wallet at home, so they couldn't pay for gas, anyway, the guy hit her square in the face, blood went everywhere, and all I said was man, you can't hit a woman like that....problem was he was a really big guy. I don't know how big, but I'm a bit over 6'2 and he was a head taller than me. Before I knew It he hit me right in the chest and to the floor. Adrenaline was rushing, I couldn't breathe but I hit the guy right on the chin and knocked him to the ground. The girls at the gas station knew I was hurting and were afraid if this guy gets up I was a dead man, they were probably right. THe girl drove off and left the guy, he left the store, probably looking for me, but just started walking away. I got a call this evening that they have Identified the guy, but the girl isn't pressing charges. I have two cracked ribs and one that was considered broken. Is it even worth it considering I hit him in self defense? I know some of you guys know a lot about law, I do not. Just wondering what some of you guys think I should do. Thanks for any help, I thought BroncoBux was a lawyer, maybe I'm just remembering wrong.

 
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Hook
(Login TrooperHook)
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Re: NFP, need some legal advice....

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September 25 2011, 5:14 PM 

I can't imagine any service station/grocery mart that doesn't have surveillance cameras these days, and most are extremely high quality. And you state others, including employees witnessed the events?

This whacko is toast for two criminal assault charges and a theft charge. She's not likely going to be charged with theft because she left in fear for her safety, although that may well change if she's not going to cooperate with police on the assault issues.

If she was his wife, his sister, his live-in girlfriend or the mother of one of his children, one of those assault charges will be upgraded to Domestic Violence. I'm assuming the laws in West Virginia are similar to Ohio's on that score. It will be totally irrelevant if she does or doesn't want DV charges filed. It's a done deal.

Even if she was a first date and DV didn't apply, I'd still charge him with two counts of assault, along with theft. Heck, if it was articulated that you were also interceding as a means of addressing the charge for gas, that theft charge could possibly be upgraded to robbery, although that would be an extreme stretch. I'd certainly run it by the county prosecutor's office. However, if any employees tried to intercede and felt threatened, that robbery stipulation comes even closer into focus.

Regardless, if you're concerned about your legal liability, and if the events occurred as you stated, you're on solid ground. It would be unthinkable to charge you. And it would be a slam dunk defense for you if you were charged.

Again, I can't believe the laws are significantly any different in W Va. than Ohio, but you absolutely can defend yourself and defend other innocent persons in this state. Any officer that looks at surveillance tape that substantiates your account is more likely to commend you than charge you.


    
This message has been edited by TrooperHook from IP address 184.57.175.124 on Sep 25, 2011 5:24 PM


 
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Homey
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Re: NFP, need some legal advice....

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September 25 2011, 5:19 PM 

Sorry for your delimma Dave, but one thing to remember, the way our legal system is, there is no good or bad, right or wrong. All what matters is how much money you have and how good your lawyer is. If you are thinking civil suit, he could counter sue for god knows what and it could be a real mess. Bronco will disagree because he is in on the shakedown.

 
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Synonymous Bengal
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Re: NFP, need some legal advice....

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September 25 2011, 5:35 PM 

The real question (as it relates to a civil suit) is "Does he have a deep pocket?".

If he is some scumbag that has zero assets or $$ in the bank, its futile. Plus, you wont find a lawyer that will do it on a contingency fee. You might find one that would take it on a hourly basis, but that could get expensive for you.

Most insurance policies (yes, some can follow you to a convenience store) have an exclusion for itnentional acts like a battery on another.

I would press charges though. Call the cops and tell them what happened.

It sounds like you have a pretty solid case of seld-defense if he tries to pin something on you.




"Insert witty quotation here"


    
This message has been edited by broncobux from IP address 24.234.30.172 on Sep 25, 2011 5:36 PM


 
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The Swamp Rat
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Ditto

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September 25 2011, 5:40 PM 

ditto the above

 
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WCB
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Re: Ditto

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September 25 2011, 6:09 PM 

I would sue the store. It's obvious they ran out of Mountain Dew, Slim Jims, novelty condems and Copenhagen. That's probably what set this Jackazz off. Seriously, you did the right thing and stood up. Hope you get well soon.


*

Stupid Fduckin' Sheep

 
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Dave
(Login DaveinWV)
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Re: Ditto

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September 25 2011, 6:19 PM 

This was actually in KY, I've been living there for 6 years, just kept the same login, sorry if I did not clarify. I don't wnat to spend time in court, and from what I understand from the officer I talked to this guy has nothing. Is it even worth it? I apppreciate all the advice, that's why I asked, I know some of you guys know your stuff. So far they can't even find the guy, OH resident with no housing record, just lives with differrent people. Do I do it just for the sake of doing it or just say thank God I didin't get killed, I guess that's where I'm at right now. I hate being in court, only for tickets, but hell, for something like this, I don't want to pay a lawyer, not really, unless they would do it for free. I guess that's my question, is it worth it?

 
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Dave
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Re: Ditto

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September 25 2011, 6:27 PM 

You know what else is sad, the cops showed 3 hours later, I had already went home to lay down, the girl was gone, so was the guy, they identified him by the cameras in the store...... nice cops we have where I live.....
I was just glad the ladies at the gas station told him I was gone, I was actually in a back room where they keep the deli products......
I' don't know if any of you guys have ever had broken ribs, but it sure hurts too poop, and sneeze, and cough. Other than that if I stay still I feel ok.

 
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Hook
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Re: Ditto

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September 25 2011, 7:01 PM 

Dave, I guess I was not on the same page regarding your concern about civil prospects. I thought you were concerned about your prospects of being prosecuted.

That aside, I'm a little confused and curious. It seems like the police know who this person is to even give details about where and how he lives. That being the case, are charges being filed for assault, theft, heck Disorderly Conduct at least?

And if the girlfriend is in the skank category, and takes a licking and protects him, I hope they charge her with theft as well. The cop being a nice guy doesn't surprise me. But I'd be flabbergasted if there weren't some serious charges being filed on one or both of these birds.

And if there are not charges being filed by the police, I'd suggest you and the store manager make an appointment with the county prosecutor. If that office is anything like Warren County's, those prosecutors will unleash on this clown....and behind the scenes address what's going on with your local police department.

There's plenty of time to sort out civil options after this clown gets a dose of the criminal justice system.

 
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Dave
(Login DaveinWV)
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Re: Ditto

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September 25 2011, 7:35 PM 

so far here is what I know, the girl only spent 10 in gas, they aren't going to do anything about that. They can't find the guy and she says he's a one time thing, doesn't know here he is.....If they did find him maybe then, but as of right now, I'm just glad a 6'8 270 pound dude didn't kill me, but again, shoot man, I still don't know the best way to handle this because the police aren't to concerned because he's from Ohio, and they have no idea where to find him. I',m fine, and I knocked the SOB out. So far my wife told me I did the right thing, I'm OK, I say let it be, just wondering what you guys thought, you seem to know much more about this stuff than I do. I can't afford a big lawsuit if I'm not to get crap out of it, as was said before, just let it go, is that the best thing to do?

 
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Dave
(Login DaveinWV)
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I'll be damned.....

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September 25 2011, 7:54 PM 

THey just pullled the guy over in the same car that he stole from the girl that he was with...... I can't believe they callled me this late but they wnated to go ahead and book the guy, all I have to do is say I saw him hit the girl, he hit me and I defended myself.....he's wnated on a few charges, they wouldn't tell me what, but, all I have to do is show them my hospital record and they can put him away for a while,...... funny how sh*t happens....he has no money, so no reason to sue, just see that the *** in prison for a while would be nice. He's on parole, crap, I'm happy now, glad those guys called me even if it was so late. Thanks for alll the help guys, I really appreciate it.
It worked out OK for me, they got they guy, he was on some stuff, wouldn't tell me what, just under the influence.....wierd how I was just asking you guys about that stuff and the phone wrang,.....what a wierd day.....

 
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Dave
(Login DaveinWV)
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Re: I'll be damned.....

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September 25 2011, 7:56 PM 

all is well......

 
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OldSchoolerFan
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Some ideas for Dave

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September 25 2011, 11:36 PM 

1. Carrying permit
2. Sue the guys azz off
3. You were in self-defense mode of both you and the woman. You were in your right--and also coming to someone else's aid. You're the man in my book dude. Seriously.





"So he got fired? Big deal. It's happened to the best of us. So he got kicked out of his house by his 400 lb'ed wife?!?!? That's probably better for him anyways."-OldSchooler on ChrisMBHater's absence

 
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OldSchoolerFan
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Dammit

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September 25 2011, 11:39 PM 

Uhhhh...Somb*tch, dude. You had the wrong guy punch you. You have one hell of a luck streak. Donald Trump or Bill Gates smacks you? No, you get Joe Dirt sucker punching you instead. So understrike #2 from my list above.

However, maybe you could get Bronco to sue United or maybe Humana--because lord knows it's their fault for this--eh Bronco? LMAO.






"So he got fired? Big deal. It's happened to the best of us. So he got kicked out of his house by his 400 lb'ed wife?!?!? That's probably better for him anyways."-OldSchooler on ChrisMBHater's absence


    
This message has been edited by oldschoolerfan from IP address 98.208.105.168 on Sep 25, 2011 11:40 PM


 
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