In a state where you do not have a duty to retreat if attacked in home, or any place you have the right to be, and it is lawful to carry a concealed weapon for self defense purposes, my sons friend was assaulted by a person walking by my sons truck.
Story-My son and his friend were on the way out of a restaurant in the evening. His friend was already at the vehicle due to him being sick from a little too much alcohol. My son who had not been drinking, went out to leave the restaurant and in doing so, noticed his friend to be sick and dizzy next to my sons vehicle. He helped him into the vehicle and went around to the drivers side to leave. As he was getting ready to get in, a man walked by and made a comment about the drunkenness of my sons friend. My sons friend then called the man a fag. The man became very enraged and darted toward the vehicle that the friend was getting into. The man started wailing on the friend. He caused him many lacerations to his face, and bruises throughout his body. My son tried desperatly to pull the large man off his friend, but was unsuccessful. The man continued to beat up the friend. The friend motioned several times he did not want to fight, and tried to fight back. He ended up blacking out for a moment. My son went to his vehicle where he had a stick that was given to him for self defense. This stick was concealed within a box inside a box. He took out the stick to use to get the man off his friend and when he went to use it, the man took it from him. The man then started to beat up my son, as my son tried desperatly to get away. His friend had come two and gotten into the truck and watched as my son was getting beat up. When the police showed up, the boys were arrested, because the man said that the friend attacked him, and the weapon was my son. My son admitted to the weapon being his, but has not been to trial over this yet. He has pictures of blood on his truck, and throw up, or brain matter where not sure what one of the pics are. Plus pics of all the injuries to them. My son has been charged with a felony, and the friend a misdeamor. The so called victim has refused to testify in either case, at least so far.
My questions to you is with this info, does my son have a chance to have this case dismissed? Or if someone could just enlighten me on this matter in any way that would be great. I love my son, and cannot sit back and just watch him suffer. Also, what can be done to this perpatrator, who is running free while this two young men with very bright futures, go through what they are going through. Thank you,

Sorry, no, the first line where, they had been drinking, fairly well destroys all self defense sometimes.

Since by any weapon carry rules, they can't carry normally where drinking is allowed, and then using them while drunk is worst

Hello gail:

I need a little more informatin before I can help. What are the charges? Where do you live. Did anybody receive treatment? Did anybody go to jail? WHEN did it happen? At what point is the case - trial, pre-trial - arraignment? You said the guy hasn't testified yet. That means the case is well along on its path. Therefore, he should have an attorney by now. What does he say?

If you help me, Mom, I'll help you.

excon

PS> For starters, don't let him talk to the cops anymore.

Without the testimony of the third party, the DA can't prosecute a case. Your son should have an attorney and that attorney should be pressing for a dismissal.

Whether you want to press counter charges, either criminal or civil is another matter. If the amount of damage that you indicate was inflicted, the other guy will have a hard time justifiying self defense.

This happened in Florida end of last year.

The Weapon was inside the back of the vehicle in a case inside a case. My son had not been drinking, but his friend had. They were on the way home and had not been causing any one trouble. The man that attacked the friend had been drinking, was pretty intoxicated and attacked the friend while inside the vehicle. Both my son and his friend went to jail. The friend was convicted of a misdeamor and got deferred procecution.

There was not a intoxication test done at all on anyone.

My son is charge with a felony assault with a deadly weapon with the intent to do bodily harm, and is awaiting his day in court. My sons court date is in a month. Still in the investigation stages.

The proscecution attorney for the friend was not able to get the attacker to give a testimony, but in his police statement, he said that my sons friend attacked him by running after him, which would be away from the vehicle. As I said there is evidence of blood on my sons vehicle, to prove that it happened at the truck, not away like the man mentioned.

My son has a court appointed attorney. He has not spoken to him, but has an appointment soon.

He has not spoken to the cops at all. The cop never took statements from the boys, just arrested them. The man was allowed to go and never arrested even though he was caught in the act violently beating my son up. He was on top of him and my son was trying to crawl out from underneath this man.

We are still not sure what information in my sons case the proscecution has. But, I cannot imagine that this man, would be willing to testify because it would all come out with the evidence that has been presented that he was the attacker. The man has been unwilling to come forward in my sons friends case, even though he said that the friend was the one that attacked him, not my son. My son is involved because of the stick. But never hit anyone with it.

Ok, as for the hospital. My sons friend had many stitches on his head, his eyes were black and blue, and so was his face. He went to the hospital. My son did not have near that much damage, but did have a black eye and many bruises. The man, as far as we know did not go to the hospital. He went home. When the officer ask him if he needed a ride to the hospital he said no. He did have some kind of injury to the front of his head, but the extent is unknown. There was a lot of blood from my sons friends head, which could have been on the man. The man also said that he was hit in the back of the head with the stick, not true, my son never used it, and if so he would have a pretty bad injury to the back of the head. His injury was in the front. My sons friend admitted to getting a few strikes in once he realized this man was not going to stop beating him up. But remember, the friend blacked out from being hit hard.

I believe that even though this seems like a case of street fighting, it should still be viewed with the individual rights and situation. None of this would have happened had the man not said something first, but even so he should have kept walking to his car and not attacked these boys. These are two very good, not violent boys. Neither have ever been in trouble.

The friend will be doing a deposition soon.

I guess my question is how far can this go with the proscecution with this information provided. Once it comes out that this man attacked them, caused the whole scene and my son only brought out the stick because he thought his friend was going to be killed by this man. The stick was never used. No proof of alcohol in any ones system. But witness in my sons case he was not drinking. He has never been much of a drinker, and was designated driver that evening.

Ok, if you need anymore info let me know.

Hello again, gail:

There's this:

Quote:

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Originally Posted by gailpresson

He has not spoken to the cops at all. The cop never took statements from the boys, just arrested them.

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and then there's this:

Quote:

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Originally Posted by gailpresson

My son admitted to the weapon being his,

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One of those statements isn't correct.

This points to the biggest problem you have. YOU weren't there. Therefore, everything you are telling us, was told to you by your son.

You say he didn't talk to the cops, but he did... What else did he tell them?

You say the alleged victim hasn't testified yet, but you don't know if he will. There hasn't been a trial, and THAT'S where it's important. Plus, you have NO idea whether he's talked to the prosecutor, NONE.

I'm sure you think this should be handled one way, but the prosecutor has a different opinion. His is the one that counts. Write back AFTER he's spoken with his attorney.

excon

You need to get the court appointed atty off the stick (or get one of your own). You need to present him with the story and evidence you have told us about. He should then go to the prosecutor and get them to drop the case. Again, without the testimony of this other person, the prosecutor can't even bring a case to court.

One other thing the atty should be doing is seeing if the other person has a record for such attacks. I can't believe its was a one time occurrence.

When the police officer inquired about the weapon, the man pointed to my son. And yes he did said it was his. Then when asked how the fight began, the man said that the friend had attacked him. Once this was said, they were arrested and taken in. Now, as for my knowledge of this incident, while my son was in jail, he called and told me the whole story. In the meantime, his friend had been released shortly after being taken in. I spoke to his friend, and his story was identical to my sons. Neither of which had any time to colloberate their stories.
I have read both police reports, and am pretty sure that this is all that has been said.

The court appointed attorney has everything. He has been sent an outline of events my son put together, plus the pictures. He is taken a deposition of the friend soon and he has also got a copy of the laws that are on self defense in this case. We have been very respectful, but wanted him to know that the boys know there rights. From reading cases, it seems like unless your educated on your rights, you can be forced to plea bargain, which could cause my son to have to live with a felony for the rest of his life. The friend got charged with the misdeamor and the misdeamor proscecuting attorney admitted she could not get ahold of the witness. Asked the friend why and he said because the man had something to hide. So when the friend said that he wanted to plead not guilty, she said too late and that she already filed the paper work for the deferred proscecution charge. The friend went with it, because he just wants this over with. Sounds like this county is a little corruped, and that is what scares me.

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Originally Posted by gailpresson

Sounds like this county is a little corruped, and that is what scares me.

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Hello again, gail:

Now you're sounding like every other "innocent" convict I've been around. Not only are they innocent, they're victims... And gail, while that might be true in some cases, in 98% of them, it isn't.

In this country, nobody is going to hold your hand. IF you don't know your rights; if you don't stand up for yourself; if you lay down; SOMBODY is going to run over you. That's not corruption - that's life.

IF your son's friend is willing to lie down, just to get this behind him, that has nothing to do with corruption. That has everything to do with your son's friend wanting to LIE DOWN.

If this case gets to trial, and your son is convicted by a jury of his peers, because the prosecutor proved BEYOND A REASONABLE DOUBT that your son committed the crime, then your son will be a felon. That has nothing to do with corruption, nothing at all.

excon

Gail,
Try putting yourself in the prosecutor's place. Her job is to get convictions. Her job is NOT to protect alleged perps. That's why people hire attorneys, to be an advocate for them, because the prosecutor's office isn't going to be. I don't see corruption here. At worst I see self interest.

But what this boils down to if the other guys word against your son and his friend. Without that word there is no case. With that word, your son's attorney may be able to convince a jury that the situation is not as it testifies.

But, as I've been saying, I think the 3rd guy DOES have something to hide and won't testify. He probably said what he did at the scene to avoid being arrested. Not because he wanted to prosecute.

I really appreciate the information. Your thoughts do matter otherwise I would not have gone into this personal matter on the web. No wheres else to really go. My son is a grown man, and all I am trying to do is get some reasurrance that my suspensions of this man might be correct. But we will not know until all is said and done, I understand that. I am pretty familiar with how court rooms work, the proscecuting attorney and defense attorney. I have read a lot of Supreme Court cases in reference to self defense. But most are pretty serious. I am wanting to hear opinions of what people think in reference to this issue. Whether they see it as a self defense issue or not? Laws in Florida are very very clear in this matter in reference to the defense on one's self or another. And there is not a duty to retreat. A deadly weapon can be used if the person feels as if theirs or someone's else's life is in danger. I do not know what else my son could have done in his situation with his friend and that is also a hugh question in my mind? His friend was bleeding badly and needed help asap. What would have happened if the man had killed him?? You don't need to answer that, because if that were the case, that man would be on this web site asking questions, not me.

Thanks for all your advice. Again, I really appreciate it.