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Assualt and Battery (I am victim)...Legal Help!

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May 24, 2002
889
0
Boulder CO
Hey all--

I haven't posted here in awhile but am interested in hearing your opinions on a situation that took place this weekend...

While meeting up with some people late Friday night at a pizza place in Boulder to head home, I got the sh!t kicked out of me.

Here is the story.

Four of us were sitting at a booth waiting for my roomate, the only other male in our group this paticular night. After he arrived, some guys yelled at him for "bumping into them" on the way in, my roomate laughed it off and we continued with our conversation. After a minute or two, we were getting ready to leave and one of them said something to me and asked if we should take this outside. I shook my head, and proceeded out the door. He pushed me as I was leaving and then again once I was outside. At this point I was very heated, got in his face and was really close to hitting the kid.

I restrained myself, told the kid we're not 17 anymore and this doesn't fly. As I backed down from the situation, I noticed my girlfriend was missing. Right after I found her I was blindly pushed to the ground and 4 guys jumped ontop of me, held me down, and started hitting me in the face. 2 more attacked my roomate as he tried to help me. After getting the guys off me, I had suffered a broken nose, a deep gash to my nose, and a loosened tooth that will need a root canal. The kids ran as the cops arrived.

Lastly, I did have to go to the hospital for stitches and potentially a CAT scan. (which I didn't need)

IF we catch the guys (which is very probable) what are they facing? Anybody know of a similar situation? What are the grounds for a civil suit?
 
J

JRB

Guest
They should go to jail, and then they should buy you a new car. That, or they should have to buy themselves Nissans.

Heal up fast, bro.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
I say find them, and beat the christ out of each of them individually. Laws be damned.
 

Jeremy R

<b>x</b>
Nov 15, 2001
9,701
1,056
behind you with a snap pop
4 guys jumping on you is considered Lynching, and they punish the $hit out of you for that.
Send them to jail and see how their pop collared pink polo shirts stand up when big bubba is pounding them.
 

Ciaran

Fear my banana
Apr 5, 2004
9,841
19
So Cal
BurlyShirley said:
I say find them, and beat the christ out of each of them individually. Laws be damned.
:stupid:

Vigilante justice seems the best course of action in this case. Suing them and taking mommy and daddy's money isn't going to teach them anything. A broken face might, though.
 

Transcend

My Nuts Are Flat
Apr 18, 2002
18,040
3
Towing the party line.
Ciaran said:
:stupid:

Vigilante justice seems the best course of action in this case. Suing them and taking mommy and daddy's money isn't going to teach them anything. A broken face might, though.
A new downhill bike will certainly make the busted nose hurt less though. I figure the criminal prosecution for assault will maybe teach them a lesson, getting mommy's money makes it hurt less for the OP. Win Win situation (except for the pain and suffering...)
 

binary visions

The voice of reason
Jun 13, 2002
22,165
1,261
NC
Get your butt to a lawyer, a bunch of guys holding you down and pounding on you isn't cool. Those kind of guys are probably not the kind of guys you want to single handedly start a vigilante war with, considering they're obviously too cowardly for a fair fight.

No point in having ten people show up on your doorstep with baseball bats, you know? No matter how good you might feel about "getting back at them", you don't need to put yourself in personal jeopardy.

I don't know a thing about civil suits, but at the very least you can get them all picked up and press criminal charges.
 

tmx

aka chromegoddess
Mar 16, 2003
1,683
2
Portland
I'm so sorry to hear this! Repulsive.

I vote for garnering legal guidance as well.

Best wishes for your recovery and justice.
 

Zark

Hey little girl, do you want some candy?
Oct 18, 2001
6,254
7
Reno 911
1. get lawyer and civil suit.
2. you'll find out names, addresses and all sorts of stuff at that point.
3. use that to annonymously dump ghey porn at their door, pour skunk oil on their cars' AC system and generally make them regret ever being born.
 

PoserNewbie

Monkey
Feb 14, 2003
469
0
Lower Mainland, BC
Hit the gun shop and hunt them down. J/K

Seriously, I assume that the Cops has this incident on their file. I'd follow up with them and tell them that you'd like to press charges. When the court find them guilty, you can launch your civil suit to get lot of $$ out of them. Make them suffer.
 

jonKranked

Detective Dookie
Nov 10, 2005
88,814
27,026
media blackout
Personally, I like vigilante justice. In this case, however, these are probably college kids from rich parents anticipating a nice future with a high salary job. In the long run, legal action will be more effective - it will haunt them for years. i.e....

Job Interviewer: "So, have you ever been convicted of a crime?"
Pink Popped Collar: "Um, actually yes."
J.I.: "Oh really? Please elaborate."
P.P.C.: "Well I was a total homo in college and one night I was wearing my pink polo shirt, me and my boys got drunk and jumped a guy at a pizza place."
J.I.: "Thank you for your time, we won't be getting in touch with you."

Granted assault and battery isn't a felony, and I don't think lynching is either. Regardless, when it comes time for a background check a conviction for either will definitely raise some red flags, especially for a violent crime like this. These are probably rich kids. Hit 'em where it hurts.
 

TheInedibleHulk

Turbo Monkey
May 26, 2004
1,886
0
Colorado
Wish I was there... Ive been itching to get into it with those assholes for the last three years. Usually they just talk alot of crap and then back down. I guess four on one was safe enough numbers that they didnt have to worry about ruining their pretty boy complexions.

Sue them for sure, sounds to me like you just picked up four new sponsors. When's your bike getting here Jeff? We need to do shuttles.
 

Nick

My name is Nick
Sep 21, 2001
24,910
16,490
where the trails are
you know, part of me says to beat them down one at a time, but that is due to where I grew up and understanding that was just how things worked.

I've been jumped and had my ass kicked before, for no reason. I've been a victim of armed assault and robbery. Feelings of revenge are strong, but ultimately not the answer.

another more sensible part of me thinks, no KNOWS, that there is nothing and I mean nothing that would hurt them more than to have to serve time for assault, battery, mob action and for whatever else they could likely face conviction.

If they think that they're such bad-asses ... they'll get an excellent education in what is 'bad-ass' in jail over 30 days to 6 months.

Is there any chance of identifying them by surveilance video outside the place, witnesses etc?
 

OGRipper

back alley ripper
Feb 3, 2004
10,735
1,247
NORCAL is the hizzle
Wow, that sucks. What did the cops say? It's hard for the police to spend time and money on a one-time thing but if this is happening a lot they should want to find these fockers and prosecute. You might talk to the local police and/or district attorney's office and find out if there have been other complaints. You might also talk to a lawyer about a civil suit, there should be a local bar association that can get you a referral. If these are students you might also contact the school. The sucky part is that whatever you do might result in retaliation and escalation.

I am not a fan of the vigilante option but I live in California and you how we hippies are...anyway hope you heal up quickly and completely.
 
R

richcreek

Guest
neversummersnow said:
Hey all--

I haven't posted here in awhile but am interested in hearing your opinions on a situation that took place this weekend...

While meeting up with some people late Friday night at a pizza place in Boulder to head home, I got the sh!t kicked out of me.

Here is the story.

Four of us were sitting at a booth waiting for my roomate, the only other male in our group this paticular night. After he arrived, some guys yelled at him for "bumping into them" on the way in, my roomate laughed it off and we continued with our conversation. After a minute or two, we were getting ready to leave and one of them said something to me and asked if we should take this outside. I shook my head, and proceeded out the door. He pushed me as I was leaving and then again once I was outside. At this point I was very heated, got in his face and was really close to hitting the kid.

I restrained myself, told the kid we're not 17 anymore and this doesn't fly. As I backed down from the situation, I noticed my girlfriend was missing. Right after I found her I was blindly pushed to the ground and 4 guys jumped ontop of me, held me down, and started hitting me in the face. 2 more attacked my roomate as he tried to help me. After getting the guys off me, I had suffered a broken nose, a deep gash to my nose, and a loosened tooth that will need a root canal. The kids ran as the cops arrived.

Lastly, I did have to go to the hospital for stitches and potentially a CAT scan. (which I didn't need)

IF we catch the guys (which is very probable) what are they facing? Anybody know of a similar situation? What are the grounds for a civil suit?
the moral of the story is to always cary a gun like i do.
 

binary visions

The voice of reason
Jun 13, 2002
22,165
1,261
NC
richcreek said:
the moral of the story is to always cary a gun like i do.
It's a little frightening that we're passing out concealed carry permits to people who can't spell and think Scary Movie 4 is a "must see" movie...

;)
 

Backpack1

Monkey
Mar 16, 2005
227
0
GNORKAL
Uh, a lawyer to "SUE THEM!!!!" wont help you til they're caught. Do some detective work and ID them first. Did you ask the Pizza joint staff if they are known to be around there on the regs? Sorry to hear about that BS. Those pussies are weakass cowards.


Edit - most people who carry a weapon are idiots who end up having it used on them, and dont give me some crap about how you'll "f@#$%#@ em up!" cus most of us are pussies when the **** comes down and a real thug takes your ****.

Dont front.
 
R

richcreek

Guest
i said that scary movie 4 was a good, funny movie. never said Must See. yes i will shoot you. j/k
 

dhbuilder

jingoistic xenophobe
Aug 10, 2005
3,040
0
that's the reason i have a carry permit and hollow points. and eyes in the back of my head.

we live in a time when you have to be able to fully take care of and defend yourselves and your loved ones. there's alot of punk@$$ed kids running around with no respect at all for those around them.
police are retroactive at best.and their workload is enormous in most cities.

as soon as i found myself surrounded and couldn't see my girlfriend or wife, that would have been it. game on.

i wish you luck in your desire for justice. and i hope you find out who did this to you.
and when you're in court, it's very easy for the jury to see who's telling the truth.
 

DirtyDog

Gang probed by the Golden Banana
Aug 2, 2005
6,598
0
Backpack1 said:
Edit - most people who carry a weapon are idiots who end up having it used on them, and dont give me some crap about how you'll "f@#$%#@ em up!" cus most of us are pussies when the **** comes down and a real thug takes your ****.

Dont front.
Yeah **** those mother ****ers they aint thugs like i am im a mother ****en gangsta that **** would never have happened to this street hardened mother ****er. Dont nobody be frontin.
 

Westy

the teste
Nov 22, 2002
56,005
22,038
Sleazattle
BurlyShirley said:
I say find them, and beat the christ out of each of them individually. Laws be damned.

The larger problem with that is in the end they could end up trying to sue you.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Westy said:
The larger problem with that is in the end they could end up trying to sue you.
This is true, but probably not likely. In the end, you'd still have the personal satisfaction, even though less money and some time served. I dunno. I guess they'd still win in a way, but at least they'd've gotten their asses kicked.
 

Slugman

Frankenbike
Apr 29, 2004
4,024
0
Miami, FL
Amateurs&#8230;

You never go directly after those who attacked you, get their information from the police report and find out where their parents, or girlfriend, or siblings live. Wait 6 months, collecting data on them the entire time, then strike those who they love the most.

Its one thing to get your ass kicked for what you did, it&#8217;s a whole other story when someone you care about gets beat down for what you did&#8230;

Oops&#8230; gotta go take my pills and be a responsible member of society again.
 

binary visions

The voice of reason
Jun 13, 2002
22,165
1,261
NC
BeerDemon said:
Yeah **** those mother ****ers they aint thugs like i am im a mother ****en gangsta that **** would never have happened to this street hardened mother ****er. Dont nobody be frontin.
:rofl: :rofl: :rofl:
 

chicodude

The Spooninator
Mar 28, 2004
1,054
2
Paradise
Slugman said:
Amateurs…

You never go directly after those who attacked you, get their information from the police report and find out where their parents, or girlfriend, or siblings live. Wait 6 months, collecting data on them the entire time, then strike those who they love the most.

Its one thing to get your ass kicked for what you did, it’s a whole other story when someone you care about gets beat down for what you did…

Oops… gotta go take my pills and be a responsible member of society again.

Interesting....You were never in the mob were you?




Never go against the family my son
 

Transcend

My Nuts Are Flat
Apr 18, 2002
18,040
3
Towing the party line.
dhbuilder said:
that's the reason i have a carry permit and hollow points. and eyes in the back of my head.

we live in a time when you have to be able to fully take care of and defend yourselves and your loved ones. there's alot of punk@$$ed kids running around with no respect at all for those around them.
police are retroactive at best.and their workload is enormous in most cities.

as soon as i found myself surrounded and couldn't see my girlfriend or wife, that would have been it. game on.

i wish you luck in your desire for justice. and i hope you find out who did this to you.
and when you're in court, it's very easy for the jury to see who's telling the truth.
Sure, until you shoot someone and end up in jail for manslaughter for using more force than appropriate. Or blow away your girlfriend/wife/kid/neighbor by thinking you are rambo and blasting off rounds from a handgun while under extreme pressure/stress.

Most people, when under that sort of a situation, couldn't hit the broad side of a barn with a shotgun loaded with home defense rounds, let alone a handgun.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Transcend said:
Sure, until you shoot someone and end up in jail for manslaughter for using more force than appropriate. Or blow away your girlfriend/wife/kid/neighbor by thinking you are rambo and blasting off rounds from a handgun while under extreme pressure/stress.

Most people, when under that sort of a situation, couldn't hit the broad side of a barn with a shotgun loaded with home defense rounds, let alone a handgun.

Leave it to a canadian who can only see a gun in a museum to tell you how it works:rolleyes: :rofl:

Im better with a knife anyhow... I have big kabar on my night stand and a gerber in my pocket/cambelback. I'll quickly revert to that muscle memory from death/stab class before I even remember how to screw it up:)
 

binary visions

The voice of reason
Jun 13, 2002
22,165
1,261
NC
Transcend said:
Sure, until you shoot someone and end up in jail for manslaughter for using more force than appropriate.
Aside from the safety issues you mentioned, I find that most people who respond to a situation like this with, "well, carry a gun" don't understand that you're not allowed to just shoot someone simply because you're being threatened :rolleyes:
 

dhbuilder

jingoistic xenophobe
Aug 10, 2005
3,040
0
sorry boy.
there's a man sitting in a texas prison cell right now that would tell you quite and interesting story about how good of a shot i am.
suffice to say, he was the one who couldn't hit the broad side of a barn.
they just don't give carry permits to every tom, dick or canadian who wants one. you have to prove your proficiency with firearms. and seeing as how i could shoot about the same time as i learned to walk, that wasn't a problem.

you have to be able to take care of yourself. and i did.
 

Transcend

My Nuts Are Flat
Apr 18, 2002
18,040
3
Towing the party line.
dhbuilder said:
sorry boy.
there's a man sitting in a texas prison cell right now that would tell you quite and interesting story about how good of a shot i am.
suffice to say, he was the one who couldn't hit the broad side of a barn.
they just don't give carry permits to every tom, dick or canadian who wants one. you have to prove your proficiency with firearms. and seeing as how i could shoot about the same time as i learned to walk, that wasn't a problem.

you have to be able to take care of yourself. and i did.
I have been shooting for an awful long time as well, for starters. Long rifles, pistols, shotguns etc. People who think Canadians cannot own guns, are uninformed.

Shooting a weapon under controlled conditions, and then under stressful situations, under extreme pressure are 2 very, VERY different things.

If you think that anyone with a carry permit is as good as shot as your purportedly are, you are sadly mistaken. Maybe you are, maybe you got lucky, I don't know. What I do know is that 90% of people probably would not have been able to make that shot. More than likley, they would have put rounds through every tree, house, cars and neighbours in the vicinity until the clip ran dry and the slide locked open.

Police are more qualified than civilians with carry and conceals, and they routinely miss the target completely.