View Full Version : Unagravated Assult......... on me.
AutomagBoy
10-09-2003, 11:08 PM
The cops just left so i got to tell someone.
I was walking to work on the golf course(shortest route) and there are golf course houses along the golf course. The golfers get the least mad when im closest to the houses.
So im walking right against the fence when i hear someone in a house yell at me "HEY!" I ignore him because most people just yell my head off because im on the golf course. Well he yells again so I ignore him once again then I hear a rattle behind me, he had jumped the fence. I turned around to listen to him yell my head off but instead he asks "were you looking at my backyard?" I replied "no im sorry for making you think i did."
He then hits me in the temple I say "I am sorry for looking at your backyard" then i start to yell as loud as possible "HELP HELP HELP ME" there were 5, 5 golf course gardeners about 60 feet away and all they do is stare. He then throws another punch at me and hits me in the jaw peircing a hole in it, ripping it open 1/16 of an inch, and puncturing a parralel hole(to my lip, a hole going with my lip).
He turns around and walks to his home, I am lost and confused but make my way to the street were 4, 4 freakin cars pass by me and do nothing. While my face, hands, shirt, and pants all had large amounts of blood all over them. I get to my friends house by accident and pass out.
I wake up like 5 seconds later and im in a bed and my friends mom is taking care of me (finally somone with a shred of benevolance). My dad gets there, i check for if i was mugged, i wasn't, I go home.
We call the cops and with the cop we go to the house(i could faintly remeber where it was, i was still hazy) His dad opens the door and says that only two people live in the house. We go around back and found 5 poeple in the house through the window. As we come back around the mom is in her car and is about to leave the cop stops her and questions her and she (the mom) says that 6 people live there including a 18 year old step son who just left to go somewhere an hour ago.
We go to my house, fill out a report, and get the crime scene investigotor over to take picutres. My dad takes a few pictures and the cops leave and then im writing this.
Ill have pictures up in a few minutes. The picutres realy dont do justice because the blood was cleaned up.
AutomagBoy
10-09-2003, 11:18 PM
one like i said picutres dont do justice
AutomagBoy
10-09-2003, 11:19 PM
two crapy but shows what i ment by parallel
Wow that sucks. I know what you mean about people not careing. When I got into a really bad car accidnet (100mph into a telephone poll) people had no problem slowing down to look, one guy even took a picture, but 4 cars passed before a fire fighter happend to come by and call the police. I was fine, but had somone been really hurt those few minutes could make a big differance.
My advice to you, go get a good lawyer, or a ski mask, bat, and some really good planning.
MrMag
10-09-2003, 11:48 PM
wow, that is VERY strange. the guy must have been on some drugs. if i were you i would find his car and at night slash his tires, break all of the windows and then take a glass container of some sort and fill it with an odd color paint, then throw it against the car. the glass will scratch the hell out of the car and the paint will fill in the scratches causing the need for a new paint job.......but that is if it were me.
that or attack him or get some sort of revenge.....no killing though, just a whole lot of pain or money out of his pocket
oh and in this case, two wrongs definately make a right
Konigballer
10-10-2003, 12:21 AM
uh yeah..thats where a year from now you and your friends wait in black outside his house at night and beat him down with baseball bats. Something that out of line deserves some definate godfather style payback.
Why beat him down? Sure it would be great, I would want to. But as I said, go get a lawyer. Then instead of causing him physical pain he is financially screwed for years, which may be worse than a few hours of physical pain you may cause him. Not only do you get to screw him, but you get paid for it. If you attack him he can legally do what he did again, and you yourself can end up in a legal mess.
Zumina
10-10-2003, 12:54 AM
sounds like someone is going to have several SFL emags in the near future.
I hope you feel better soon, bro. Just remember that the best thing to do is let the cops handle it.
bornl33t
10-10-2003, 05:12 AM
it's nice being a big guy... no one ever does that to me....:D :D
btw you know what a valve stem remover is? look into it :D
Python14
10-10-2003, 06:27 AM
You do realize you could bag a number of people for this?
First, the guy who did it.
and Second, the gardeners who did nothing(Good Samaritan law)
Seriously though, this is one of those deals were suing them half-way to china is a good idea.
I hope your scars heal. Best wishes.
Thordic
10-10-2003, 07:49 AM
I wish someone would beat me up so I could get rich :(
The dude was 18, eh? And there were witnesses on the golf course? Credible witnesses? Sounds like you have yourself some good ground to stand on.
Good luck.
shartley
10-10-2003, 08:37 AM
That sucks. I hope they catch him and he serves time.
However, those who think you will get rich off of this…. please. If that was the case, we would have a lot more rich folks walking around. Heck, there would not be any more ghettos left. ;)
The simple truth is that unless the person who assaulted you has MONEY, there is little chance of gaining financially from this. At best any medical bills may get paid.. IF even that. Contrary to popular belief, WINNING a case awarding you money, and GETTING that money are two totally different things.
You want to get money? Get hurt at a business that has insurance, get hit by a car who's owner has insurance, etc. Physical assault in itself is not a good bet for getting rich.
And “getting folks on the good Samaritan law”… good luck there as well. No offense, but I don’t think this situation rises to the level needed to actually spend tax payer’s money prosecuting for that.
My advice… nail him to the wall criminally. I hope he WAS 18…. Welcome to the big leagues slugger!
I hope you feel better soon and all heals well.
Wasn't really saying anything about getting rich, just that you may very well screw him up financially.
shartley
10-10-2003, 08:50 AM
Originally posted by PyRo
Wasn't really saying anything about getting rich, just that you may very well screw him up financially.
Yeah.. he could lose his job from sitting in jail. ;):D
I was not addressing you in particular… just in general.
Thordic
10-10-2003, 08:59 AM
Eh, Im aware you won't get rich from getting beat up, unless you somehow let Bill Gates pummel you or something.
Chances are, even then, if they are rich enough for you to get rich off of, they are rich enough to hire lawyers who will kill your chances of getting a dime in court :)
I'm gonna go to Beverly Hills and throw myself in traffic.
vf-xx
10-10-2003, 09:24 AM
Originally posted by Python14
Second, the gardeners who did nothing(Good Samaritan law)
I was not aware that that law required people to get involved in things. It was my understanding (from a few cpr courses) that the good samaritan law was there to protect people who tried to help someone medically in need but made some mistake.
Anyway I hope that ya get better, and I recomend procecuting the daylights out of him.
AutomagBoy
10-10-2003, 10:19 AM
Yeah i pressed charges, I do NOT want him to go to jail. This guys is screwed up and punishing him will do nothing. If it were in my hands I either want him fined, sent to a counselor, or community server but mostly counselor. Im seeing the doctor today, my wounds swelled up so ill take another picture of them and put them up.
edit - oh yeah, I dont know how suits go but Im only doing a court thing with the state, which i think is called a civil suit. I am not going to get a lawyer and get some money off of him, i dont know what that suit is called.
edit again - Also if i did sue him for some cash my guess is I could only get .5 - 1.5 grand then the lawyer would gobble up half of that, so its pretty pointless. my doctor bill is going to be like $20. Things would be differant if he broke my jaw or something like that. Also those numbers are a reasonable estimate but i need a real lawyer to give some real numbers. Also thank you so much guys for the best wishes.
shartley
10-10-2003, 10:33 AM
Originally posted by AutomagBoy
Yeah i pressed charges, I do NOT want him to go to jail. This guys is screwed up and punishing him will do nothing. If it were in my hands I either want him fined, sent to a counselor, or community server but mostly counselor. Im seeing the doctor today, my wounds swelled up so ill take another picture of them and put them up.
The court can sentence him to time AND counseling… in fact, that is how they do it quite often now days. I don’t agree that punishing him will do nothing… it is about paying for your crimes, taking responsibility for your actions.
1stdeadeye
10-10-2003, 10:34 AM
I am thinking if you want to give this punk a second chance, fine. However I think maybe you need to file a claim against his parents Homeowners insurance. They will through money your way rather then fight this. You won't get rich, but 5 to 10K isn't too bad for taking a couple of punches, eh?
Hope you feel better!
Homeowners won't pay anything. Good sameritan law isn't going to get anyone in trouble. I'm pretty sure it basically says if you try to help someone and end up making it worse you are not responsible. Like say in a car accident you move the person when you shouldn't have and it results in parilization, they cannot turn around and sue you.
Civil court is when you are sueing for money, or anything material. A civil court judge cannot give jail time, counseling, anything like that.
Criminal court they can do anything from a $0.01 fine to probation to jail time to death.
You may have to apear in a criminal court to testify against him. Then if you choose to sue then you have to go to a seperate civil trial.
Oh, and a $20 docters bill, what docter are you going to? Unless you have health insurance covering the rest, if that is the case I believe they can file against him for the rest nomatter what you want to do.
1stdeadeye
10-10-2003, 11:29 AM
Actually you can sue the homeowners. Ask OJ about that. You won't get much, but you'll most likely get a settlement offer.
Also, if he is found guilty in criminal court, the civil trial would be for damages only as his guilt was previously proven.
How will home owners pay for somthing that didn't take place on the property?
My homeowners insurance covered the cost of a new winshield that was damaged by my son throwing a croquet mallet through it. It wasn't my car and we weren't at my house, so I wouldn't be suprised if the homeowner's insurance would cover something like this. I don't know.
1stdeadeye
10-10-2003, 12:32 PM
Originally posted by PyRo
How will home owners pay for somthing that didn't take place on the property?
Read your policy. It cover's things you would not imagine. OJ's Homeowners paid for part of his defense.
As a resident of that household, the parents homeowners will most likely cover this type of suit. Usually they throw you a settlement to avaid litigation costs.
shartley
10-10-2003, 12:35 PM
Originally posted by 1stdeadeye
Read your policy. It cover's things you would not imagine. OJ's Homeowners paid for part of his defense.
As a resident of that household, the parents homeowners will most likely cover this type of suit. Usually they throw you a settlement to avaid litigation costs.
This is true… strange but true. Auto Insurance is similar… did you know that if you are walking down the street and was hit by a car, not only can the driver’s car insurance be tapped, but YOUR car insurance as well? And you were not even IN your car. Strange, isn’t it?
We found out a lot when our daughter was hit.
Crighton
10-10-2003, 12:58 PM
Personally I wouldn't have called the cops. I'd have just gone home got a snap baton & some pepper spray then come back past his yard a few times. More than likely he would have come out and assualted me again and I would have beaten him into the ground. All in the name of self defense.
shartley
10-10-2003, 01:03 PM
Originally posted by Crighton
Personally I wouldn't have called the cops. I'd have just gone home got a snap baton & some pepper spray then come back past his yard a few times. More than likely he would have come out and assualted me again and I would have beaten him into the ground. All in the name of self defense.
Calling the police was the correct thing to do. Going back as you just stated would most likely backfire on you. You can not put yourself in a situation on purpose (to BE attacked or to provoke an attack) and then claim self defense. And you can bet the initial attack would be brought up. ;)
WicKeD_WaYz
10-10-2003, 01:32 PM
thats messed up, any 18 year old who socks a kid ur size is a punk. Someone oughta teach him a lesson. My advice to you- Learn to fight so you can take care of yourself if your ever in a similar situation.
Originally posted by Crighton
Personally I wouldn't have called the cops. I'd have just gone home got a snap baton & some pepper spray then come back past his yard a few times. More than likely he would have come out and assualted me again and I would have beaten him into the ground. All in the name of self defense.
I'm pretty sure you are only allowed to respond with equall force in most states. If someone hits you, and you shoot them and kill them unless there are some extreemly extenuating circum stances you are most likely going to be tried for murder. You just having the baton and pepper spray on your person may be a crime in itself depending on where you live. Using it on someone who has hit you unless they are tresspassing on your property in Texes will most likely land you in a heap of legal trouble as well.
Hexis
10-10-2003, 02:05 PM
I'm not sure why people think they others are required to help in an emergency by the "Good Samaritan laws".
I found this detail about the various laws:
(from Wikipedia: Good Samaritan law) (http://www.wikipedia.org/wiki/Good_Samaritan_law)
Unless a prior caretaker relationship (such as a parent-child or doctor patient relationship) exists prior to the illness or injury, or the "Good Samaritan" is responsible for the existence of the illness or injury, no person is required to give aid of any sort to a victim.
The purpose of the different Good Samaritan laws is to protect someone who helps out in an emergency from any liability if they make things worse. If it were not for these laws, no one would do anything to help, in fear of litigation.
I do however think if you see someone in need of assistance, you should do whatever you can. There is no excuse for ignoring someone in need like that.
Crighton
10-10-2003, 03:12 PM
I understand that it would not be the "right" thing to do. Honestly I doubt the situation would have even happend to me. The guy seems like a bully picking on some one that was obviously smaller than himself.
Well first off in my state your allowed to carry both a snap baton and pepper spray for self defence. Secondly he wasn't on the guys lawn he was on the golf course property. Third I wouldn't stick around for the cops to show up and ask questions.
AutomagBoy
10-10-2003, 05:10 PM
Really guys i had a chance for vigilante but i turned it down. My brother got a few friends and were heading over to the kids house ready to kick some "A". I called him up and talked him out of it. If you do vigilante you have a risk of a counter-suit and the guy wont really get justice or learn his lessen. He'll just be madder and probably pick on more kids. What if my brother did go with his friends and the kid had a gun? Would it end up being better in the end if my brother got shot? There are too many risks with vigilante, let the proffesionals(cops)do it, its more safe and more legal.
bornl33t
10-10-2003, 05:12 PM
personally I think there is too much handing out of second, third, fifth, sixth,..... chances.
RenagadeOfFunk
10-10-2003, 05:31 PM
carry your pb gun next time ;)
FutureMagOwner
10-10-2003, 06:01 PM
Originally posted by Hexis
I'm not sure why people think they others are required to help in an emergency by the "Good Samaritan laws".
because theyve seen the ending to seinfeld too many times :rolleyes:
Python14
10-10-2003, 08:32 PM
Originally posted by Hexis
I'm not sure why people think they others are required to help in an emergency by the "Good Samaritan laws".
I guess whoever explained it to me had it wrong. Oh well, still, the gardeners are douche bags.
darklord
10-10-2003, 10:01 PM
Wow, I'm glad you're safe, man. It is a good idea in this case to go to the extent of the law to bring this guy to justice. You are completely innocent (except for trespassing, maybe), the guy had absolutely no (sane) reason to assault you like that. The people standing by either didn't care or were in fear for their own safety. Kind of reminds me of Diego Rivera(or another Spanish painter... sorry my spanish history is rusty :p ) when he died, he was trampled, and bled to death because no one would help him.
I guarantee that this guy or his family will try their hardest to use the law against you. People are stupid like that. He has no case whatsoever, since all you did was possibly trespass.
Have no worries, just don't walk by that area anymore. Get a cellphone (or have your parents get you one). Seriously, you should get him for the trauma you have suffered. He should not walk away with a slap on the wrist. Who cares if you only end up with a few bucks? He needs to be punished for what he did.
vese91
10-11-2003, 01:05 AM
sorry to hear about that, i just moved from illinois to az, and have acatually met quite a few people like that(az people are mean).
a similar thing happend to me about a month and a half ago, but i did not end up hurt. anyways good luck getting the guy that did that. at least ur safe.
jon
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