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Son was arrested today.

Discussion in 'The Dungeon' started by Sideshow, Nov 14, 2013.

  1. Sideshow

    Sideshow Free reach around expert.

    shoulder .

    [​IMG]
     
  2. Sideshow

    Sideshow Free reach around expert.

    The arrest report says on the bottom he admitted to striking the vehicle post miranda rights.

    Kid is saying he never said anything about hitting anything. He tells me the cop read him his miranda rights inside the car and questioned him again .

    I'm hoping we can get audio on this.

    there is a camera like device on the red light where this happened. I'm praying it was active and trying to figure out who to call to ask for the video if it exists .

    [​IMG]
     
  3. regularguy

    regularguy Always Krispy

    This...

    Can't pass judgement since we are only getting one side of the story. I would go to the department and talk to their Office of Professional Standards/Internal Affairs. They should see if the officer followed policy and they will pull the video and review it if it exists.
     
    Last edited: Nov 14, 2013
  4. sheepofblue

    sheepofblue Well-Known Member

    The cop will have no choice but to turn over the information if you sue I think. Personally I would be going over the cops head as something smells real fishy with him. Either his commander or the DA. It almost sounds like the leaf raker is related.

    IMO do NOT plead or let this go. Everything you said points to his telling the truth and once the 'record' is made it is impossible to undo.

    Sorry you have to go through this but make a project of it and call everyone until you get answers. If the cops boss and DA chump you look into the county commissioner or equivalent. Letting it lie will only make it worse.
     
  5. BR549

    BR549 Well-Known Member

    Things I've noticed, so far:



    1. I would expect more than just an area of faint redness on your son's shoulder had it been struck by a vehicle's side-view mirror.

    2. Yes, you can knock off a vehicle's side-view mirror with your fist without injuring your fist.

    3. Yes, the vehicle driver is considered a witness.

    4. Yes, the vehicle passenger is considered a witness.

    5. What did your son say to the cops?

    6. You would only be entitled to the vehicle's insurance information if the collision was accidental. If the collision was intentional and criminal, as alleged, then you wouldn't be entitled to it until a judge says otherwise.

    7. Do what Dits said.
     
  6. Howlie2

    Howlie2 In middle-dodging traffic

    If he had a green walk person, what was the truck mirror doing in the crosswalk?
     
  7. BR549

    BR549 Well-Known Member

    Oh, I almost forgot.....

    Your son walked three blocks from the scene of the collision to the scene of the confrontation with the driver? That's odd. What happened during that period of time?
     
  8. Sideshow

    Sideshow Free reach around expert.

    My son said the truck ran the red light. He says it had been red for awhile. He says he didn't even start to cross till his sign turned green. By time he crossed the median the truck hit him.

    Br549 . I asked him the same. He said after he was hit he stood in place in shock. He watched the truck keep driving off . He said he then proceeded home. He says when he went to turn onto my road to come home the truck came out of nowhere and cut in front of him and that is when the confrontation ensued .
     
  9. aedwards01

    aedwards01 Well-Known Member

    Call the landscapers and tell them you have some big branches you need shredded. After they fire up the wood chipper push them in it. No more "witnesses".

    Seriously though, I know it sucks but just get a lawyer. Sooner than later so he can gather any available physical evidence. Explain to him the only acceptable outcome is a dismissal or not guilty and his record expunged. If these guys follow through as witnesses youll need somebody good to trip them up and catch them lying. Hope it works out for your son.
     
  10. In Your Corner

    In Your Corner Dungeonesque Crab AI Version

    Can't we just fire up the 3' screwdriver posse to ride to the rescue here, or has it been officially disbanded?
     
  11. XFBO

    XFBO Well-Known Member

    I'm not sure if I understand how your kid was standing or crossing at this intersection in order for the front left shoulder to be struck by the mirror?
     
  12. mfbRSV

    mfbRSV Well-Known Member

    That's what I was thinking. Unless the kid crossing was on the left side (in the direction of his travel) and the truck made a right turn in front of him? In which case the drivers side mirror made contact.
     
  13. mfbRSV

    mfbRSV Well-Known Member

    The driver and passenger had time to make up a story so they would not get charged with hitting a pedestrian who had the right of way. Knowing it was two against one in the witness column, in their favor. Call the cops turn around go back and confront the kid...
     
  14. In Your Corner

    In Your Corner Dungeonesque Crab AI Version

    I thought it didn't make sense either, but I can think of at least two scenarios where it could happen.
    Both, though, would require him to turn in the direction of the oncoming vehicle before he was hit, which is plausible.

    I don't think the fact that the confrontation happened 3 blocks away works against him.
    If he had actually hit the mirror on purpose, the truck could have stopped within a few feet and the confrontation would have occurred right there.
    If the truck hit him and screwed, it makes more sense that the driver would realize he could be in trouble with a hit and run and return to blame it on the kid.
    If the cop pulled up at such an opportune moment, I'd be interested to know if they received a call and what the exact time of that call was.
    The confrontation could have been strictly damage control, especially with a kid involved. The kid isn't going to know how to react.
     
  15. Sideshow

    Sideshow Free reach around expert.

    He was hit just past the median going from east to west. The truck was heading south and turned east. He says he saw moving headlights and when he turned toward the vehicle he froze and when the truck turned the mirror hit him.

    I drove from the accident to where my kid was confronted. It was almost a half mile he walked until the confrontation . I asked him what happened right after the hit. He said he stood there froze and watched the truck drive off out of site.

    There are many places he could have turned around. I think the guy might be in trouble when he noticed the mirror was broken and decided to head back . The kid says the cop told him only the inside glass is broken .
     
  16. In Your Corner

    In Your Corner Dungeonesque Crab AI Version

    Personally, if it was my son and I believed him, I would report a hit and run to the state police. Ask them to investigate the circumstances. They'll have more distance and resources.
     
  17. mfbRSV

    mfbRSV Well-Known Member

    What time of day did this happen? Zero dark thirty?
     
  18. rk97

    rk97 Well-Known Member

    I've started to formulate several responses to the original post and subsequent information, but I keep coming back to "you're best bet is to hire an attorney."

    Some of the advice given has been pretty decent, and some sounds like you got it on a motorcycle forum...

    In my mind, this is a pretty simple case to defend, but trying to explain to you how to represent yourself on this would be like a welder trying to email me instructions on how to weld. Trying a criminal case is like any other profession - the people who do it all day every day have a lot more practice than people who don't.

    The best I can do to help you is give some basic advice, some of which has already been covered:

    - gather and preserve as much evidence as possible while it's available.
    - Have your son plead "not guilty" at his initial hearing. He can always change his plea to guilty later. He can't undo a guilty plea. That also buys more time to retain an attorney if you feel one is necessary after speaking with the prosecutor about dropping or at least reducing any charges.
    - Remember that if you don't hire an attorney, YOUR SON must represent himself. You can't help him during trial.
    - if your son really isn't guilty, don't be afraid to take it to trial. The burden is on the state to prove the charges beyond a reasonable doubt. "you're saying he punched the mirror of a vehicle traveling 20mph, right? But you would agree that the pictures of his hands show no cuts or bruises whatsoever, don't you?" I think that alone casts sufficient doubt on their story.
    - If you go that route, PM me...
     
    Last edited: Nov 14, 2013
  19. Sideshow

    Sideshow Free reach around expert.

    I am hiring an attorney . Talked to one today and most likely having a sit down tomorrow.

    The time was around 7 a.m the incident took place .

    On the assault issue. My son says he told the cop the guy ran at him screaming and pushed him. Cop didn't seem to care nor acknowledge the issue there .

    As for the trucks speed. My kid says he wasn't going fast , but wasn't going too slow. He has no clue on guessing the drivers speed.

    There is a camera on top of the light that has been there a long time. I called the dot and nothing. Called fhp and they say the police own that camera. So I will tell the attorney and pray there is video proof.
     
  20. dtalbott

    dtalbott Driving somewhere, hauling something.

    Your son is charged and the police refuse to give you the identity of the accuser?
     

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