hey guys last night i spent acouple hrs down at 11division getting charged with assault.
not fun....
here is what happened,

ok at about 6pm,im walking home from the store with an apple pie,some movies and a coffee for the old man.

i crossed paths with an old buddy that took my rent money awhile back.
at the time(about 4 months ago) his expensive cell phone went missing.
that a whole other report.

anyways nothing came of the last incident.

back to last night,
we were passing each other,after about 2 words each,he decided to spit on me so i threw my dads xl coffee at him (in his face).
so then he took a step back and took off his coat.
i left my jacket on,
he then came towards me and swung a big right at me,i ducked underneath and followed thru with a nice left. a couple hits were passed back and forth, more from me though.

his mouth and eyebrow are bleeding pretty good.

i then tripped him,he pulled me down with him.
i crawled on top and mounted him.
i then gave him acouple more shots.
i asked him if he were done,he replyed with a u better watch your back u dont know whats coming your way.
i hit him a few more times.
then he said "the second you let me go im telling the cops".
so i hit him again.
then i got off him,we gathered our things and he went to the local cop shop and i went home to catch my breath.

about an hr to an hr and a half went by before the police showed up to arrest me for assault.
saying they caught me on camera.

they took me to div.11 and wrote me up a form 10 and a form 11.

i went to the cummunity centre where this happened (it happened in the parking lot)
and asked about cameras and there is only one camera that was about 40-50feet away and its very possible that the pole the camera sat on blocked its veiw.

let me know what you guys think i should do about this.
thanks,
aaron

First of all, you need to ask to see the video before they do ANY charging what so ever.

Although that technically you took the first shot (the throwing of the coffee), they may accept him throwing the first punch as 'the first punch' making it self-defense...

Let us know what happens!

ya i asked to see this soo called video,
they said it would be shown if its taken to trial.

another thing do i want to go in and make a report myself??

For something this serious, I would first be consulting with a lawyer. When you find suitable representation, that person should then request to view the video that is supposed to be in the possession of the police, to ascertain just how serious a matter this is.

Actually he assaulted you first by spitting on you. Secondly I would be pressing charges for uttering threats to you if he wants to play that game, chances are he will drop the charges once you file some against him.

So... I guess we're holding off on the springs then eh?

Shitty deal man. Do some research, and get a lawyer. You may need it.

Usually the cops are going to believe the first one to come in and complain. If you try to lay charges against him now, they will feel they are bogus and just in retaliation for him charging you.

It DOES sound like you should get a lawyer....you don't want a criminal conviction on your record forever...

Moral of the story...
You should have finished him off while you had the chance!!!



Seriously though, did the cops tell you what was in the report filed against you?
Like Adam says, you should charge him. You won't be any worse off.

Get a lawyer. You will be given the tape if it exists as well as all other evidence they plan to use against you.

This is not some silly traffic ticket, this is a criminal offense. Get a lawyer.

your hilarious rob,thanks for the humour,
ive left a message with my dad's lawyer
(shes pretty good she got my dad 3months for 600 plants)

dont worry ryan we will get those springs.

hopefully everything goes well....

i went to the local cop shop and asked some questions.
basicaly i didnt go in there with the spit on my face from last nite,so there is no proof.
and because i can fight better basicaly i look worse.

it was pretty funny when the cop gave me a thumbs up for doin a good number on him.
anyways,
thanks for your input guys,
aaron

Three situations can arise here from your description of the story (if it is true):

a) The video shows you acted in self defense. In this case, you will win the case. You can than turn around and have him charged with assault. The judge ruling in your favour of self defense and the video to back up the accusations will get you the satisfaction you are looking for.

b) The video shows that the two of you agreed to physical violence (He took off his jacket and than came at you while you stood there watching/waiting for him to do this). If this is the case, your lawyer will be able get the charges dropped with ease, as long as there isn't any point during the fight where he is clearly trying to get away.

c) The video shows other than your story and you don't have a leg to stand on. If this is the case, no more border crossings for you.

Good luck with this man, I hope it works out for you. Keep us updated.

It is not such a simple matter to "charge him". Only in civil cases does one individual actually charge another. In criminal cases, it is the crown that lays the charge, you are merely the complainant, and a witness. The police will decide whether they feel there is any merit to your case and whether it is worth laying charges. In this case, they will likely say that your "charges" are ONLY in response to HIS complaint, and they will likely NOT charge him.

If it were THAT simple, I would have had GMAC charged with extortion long ago..however, I can't get the police to take my case seriously. They are in effect judge and jury, and they can charge or not charge as they choose!

somehow this makes me feel a bit more confident.
all i can do is wait to talk to the lawyer i guess....
thanks for the help guys.
aaron

I don't mean to sound like a smartass, but do you have any charges on your record already? This may dictate how things go with the prosecution. With the fact that you live at the same address as him, the police may be more inclined to charge you. As Ziggy said above, it's up to them. Getting a lawyer is the best route to take, and you've done so.

i do not have any previous charges on my record.

we don't live together,we were friends in the past and he came over to my house and took 400 bucks.

I'd play that down, as it would go more towards your motive for assaulting him.

As was said, the 'assault' was when he spit on you, reinforced by the fact that he took the first shot at you. Everything else was purely self-defense. You HAVE to get this in early, so you don't look too bad for just sitting on top of him, wailing on him. Emphasize that you gave him every opportunity to go, but that he kept threatening you every time you did so.

This is where you review the evidence with your lawyer and she approaches the prosecution if the video backs you up. They really won't have two legs to stand on if this is the case.

Was your dad upset that you screwed up his coffee?

Hopefully there is a clearly visable captured video. This way the douche spitting on you is truth.

I'm pretty sure there is a criminal charge for instigating the situation that will focus the attention on what the other guy did.

My 2 cents...you should have followed him into a dark ally...punch him in the throat and created a good aliby.

All the best bud.

N

ya my old man was pretty pissed, haha....

the thing is that there is no proof that he spit in my face,the police saw that he was covered in coffee....

there is also no proof that he was dishing threats.

i cant believe this is all because hes a sore loser.i bet he wouldnt have went to the cop shop if he won. oh well...

another thing i got served a paper saying that there are photos going to be used as evidence.
i was told i couldnt see them and that my lawyer would have to request them.

thanks guys,
aaron

Any evidence used against you is easily accessible by your lawyer. You will have time to prep your case with your lawyer and build a sturdy case.

Good luck man

Listen to Mike. Also don't talk to the cops. They are not your friends. Sure it seems you guys are have a good time chuckling about the number you did on him but you just admitted assulting him. Don't be stupid. If you have charges pending, shut your mouth. That is your right and you should use it to the fullest.

If a cop asks you if you hit him, you say I don't know what you are talking about. If he presses on ask if you are under arrest. If you are shut your mouth. If you are not, leave. Don't frack around. I've seen sh!t like this haunt people.

If you got alot of money hanging around then get a lawyer. Just to get a peace bond is $1000.00 to $1500.00 depending on the lawyer. A peace bond is if the other party agrees,basicly means I will stay away from you.

If you want to go to trial then your going to pay $3000.00-$5000.00,depending on the lawyer.

Um it happened to a friend of mine that's why I know.

That guy you fought should be charged for not being a man. When the fight didnt go his way, he called the cops because that's the only way to get back at you.

im going to court today guys...
wish me luck.
aaron

So how did it go?

I have to go back march 13th. I explained that i needed my disclosure to apply for legal aid...

Such a pain in the ass!!

aaron

[QUOTE]Originally posted by Rob Strelecki:
[QB] Moral of the story...
You should have finished him off while you had the chance!!!



^^^ no witness,case dismiss lol
don't you just hate people that talk loud just before they get beat down and then run to the cops after?
it is alot of bs you got to deal with,best bet is to get your lawyer to drag out the trial date as long as you can.wish you luck.

Spitting on you is assult.