Injustice done need help from forum members

greatwolf75 · #1 08-03-2006, 04:21 PM

Fellow members, I need help with something that happened just a little while ago today. A man was assaulted, the police were called in. When the police got there they arrested the man who was assaulted, he was assaulted on private property by several individuals. The officer arrested the old man and none of the people who did this to him. The arresting officer said that the decision on who to arrest was up to him. A friend said to the officer "so I can go on somebody else's property, beat them up and they get arrested and not me". The arresting officer said if that is the decision the officers make. This man who was assaulted is nearly 60 years old, was assaulted by 4 people, one of whom used a golf club on this old man, and none of them were arrested just the old man. There were 8 eyewitnesses to this and the officer still did nothing about this. My problem is that justice was not done by this officer, this man was falsely arrested, can anybody help me on what to do?

#2 08-03-2006, 05:00 PM

Yes that does seem to be a unique problem here in Florida... police officers proclaiming that it is they who are to interpret the law and make decisions as to who is arrested when a complaint has been filed or called in.

There are a number of people in this forum who live in florida, including myself, and I would hope that at least one of them would be able to assist you in this matter.. I know of a similar situation and personally know not what to do about it.

Jerry.

Big Al · #3 08-03-2006, 05:06 PM

Gather as many witnesses as possible and go to the locale DOJ office and make your statements and file a criminal complaint.

greatwolf75 · #4 08-03-2006, 05:07 PM

Right now I'm searching the Floida constitution and the statutes left and right. I have a bunch of stuff that applies to this situation but I have no idea of what direction to go in with this information

#5 08-03-2006, 05:31 PM

Quote:

Originally Posted by greatwolf75

Right now I'm searching the Floida constitution and the statutes left and right. I have a bunch of stuff that applies to this situation but I have no idea of what direction to go in with this information

My immediate gut feeling is to take it to the County Commissioners.. they have immediate control over the Sheriff and his/her deputies... if it was a metro cop, then naturally try the city commissioners and/or mayor along with the county commissioners.

Jerry

greatwolf75 · #6 08-04-2006, 07:28 AM

I'm writing up a report about what has happened and I'm going to try the commish and the DOJ. I also have the eyewitnesses who say that they will testify under oath if need be about what happened. This officer also refused to show anyone his oath of office, stating that he didn't need to. Makes me think he doesn't even have one. I really want to thank you guys for the help.

David Merrill · #7 08-04-2006, 07:54 AM

Was this old fellow, the victim of assault arrested for assaulting the four attackers? Or was he arrested for a Failure to Appear on a traffic matter or something like that? If he had a bench warrant awaiting him to identify himself to a police officer, that explains a lot.

Can you sanitize that report and give us a peek?

I helped out a bus driver who was speaking with a passenger when a cyclist left the bikerack in the down position with no bikes. The driver cannot see it except that in absence of seeing it in the up position. So I grabbed some video for the judge to see conditions when he made a turn and scratched a SUV with the rack. The police said nothing about the rack being a circumstance in the accident and he felt that if he explained things the problem would go away.

There is a new courthouse and with it is now expeditious process. I told the fellow to go in early with the video disk I gave him and put it into the case jacket and up to chambers, and to the DA too. I told him to plead no contest and ask the judge to look at the video. He spent quite a few hours getting nowhere. The system is now expeditious and nearly paperless. They don't even have a case jacket for him to put the disk. But they gave him some kind of arraignment hearing in which he could show that sort of thing.

There was no judge! And I suppose due to him trying to get the disk into the case the hearing, which was only a police liason officer and the police officer who wrote the citation as the judge, was not even before a judge. The police officer would have been the judge if she had shown up for the hearing. The police liaison officer acted as a clerk and dismissed the case. The police were basically the court, judge and jury of the entire matter.

Regards,

David Merrill.

greatwolf75 · #8 08-04-2006, 12:38 PM

Quote:

Originally Posted by David Merrill

Was this old fellow, the victim of assault arrested for assaulting the four attackers? Or was he arrested for a Failure to Appear on a traffic matter or something like that? If he had a bench warrant awaiting him to identify himself to a police officer, that explains a lot.

Can you sanitize that report and give us a peek?

I helped out a bus driver who was speaking with a passenger when a cyclist left the bikerack in the down position with no bikes. The driver cannot see it except that in absence of seeing it in the up position. So I grabbed some video for the judge to see conditions when he made a turn and scratched a SUV with the rack. The police said nothing about the rack being a circumstance in the accident and he felt that if he explained things the problem would go away.

There is a new courthouse and with it is now expeditious process. I told the fellow to go in early with the video disk I gave him and put it into the case jacket and up to chambers, and to the DA too. I told him to plead no contest and ask the judge to look at the video. He spent quite a few hours getting nowhere. The system is now expeditious and nearly paperless. They don't even have a case jacket for him to put the disk. But they gave him some kind of arraignment hearing in which he could show that sort of thing.

There was no judge! And I suppose due to him trying to get the disk into the case the hearing, which was only a police liason officer and the police officer who wrote the citation as the judge, was not even before a judge. The police officer would have been the judge if she had shown up for the hearing. The police liaison officer acted as a clerk and dismissed the case. The police were basically the court, judge and jury of the entire matter.

Regards,

David Merrill.

Here's the thing, the officer never gave a report to anybody except the neighbor who's land they were on when the crime took place. That however was not on the report, the only thing on the report is a trespassing violation on the 4 who assaulted the guy. The old man has never been in trouble for anything with the law(less). My neighbor has been in touch with the guys brother, we found out that his bail is set for 10 grand. So this guy who is almost 60 is guilty of getting beat up. His brother is trying to come up with the money to free him. I told my neighbor that I want any papers that they give to him so that I can put that in the complaint I'm writing also. I don't know where the cops get off thinking that they are the gestapo.

greatwolf75 · #9 08-04-2006, 12:41 PM

If I get anything that I can post on here like the report or anything if you guys want to look at it I will with the old guys permission. I don't think he'll have a problem with it because he knows what I'm trying to do.

2tim215 · #10 08-04-2006, 01:16 PM

Quote:

Originally Posted by greatwolf75

If I get anything that I can post on here like the report or anything if you guys want to look at it I will with the old guys permission. I don't think he'll have a problem with it because he knows what I'm trying to do.

Another suggestion: You might want to consider (in all the writing you're going to be doing) to come up with some signed afffidavits (either a collective one for all witnesses to sign with common observances) or perhaps even individual ones for each witness (they could write themselves or perhaps you could help them with it) in which you would be preparing in advance for the potential court hearing. Also by doing this in advance you might prevent them from being able to intimidate your witnesses since you would already have signed affidavits in your possession, (It would make it much more difficult for them to do so since it would be too late as you would essentially already have the testimony). Another possible suggestion would be if you decide to press charges against the police officer, you might also present these documents that you've created to the D.A. which might result in increasing your chances for a more favorable settlement for your friend.

2tim215

2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.