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stephmed25 · Feb 8, 2009, 09:17 AM

Ok back in August me and my husband were attacked by my neighbors it was a huge fight 2 against 10 ridiculous.. but my concern is that my husband later that night went to help a neighbor to install a radio in his car in our back parking lot and 2 of the guys that we had fought with earlier tried to attack my husband and my husband turned around and smashed this guys head with the metal part of the car radio... It was self defense but of course the law didn't see it that way... after me and my husband had called so many times the police when the big fight was happening and they didn't do much... the complaint he was charged with was committing aggravated assault by causing bodily injury,by use of deadly weapon (box cutter) specifically (not true)... the guys even smashed all windows od my car like 3 weeks later...

But my main concer is that we just received a notice for superior court letter for a prearraighnment conference and the charges on the paper states

MURDER... (there was no death)... confused??
Aggravated assault
Aggravated assault with weapon
violent threats
Weapon poss unlaw purpose

Does the court system make false accusations just to intimidate one or could it had been a mistake.. There was no murder involved we have been going to court with the guys re.. Car and all these past few weeks... its such a mess.. what can happened to my husband if this was all self defense cause I was even attacked earlier that day..

N0help4u · Feb 8, 2009, 09:26 AM

They come up with EVERY charge they can think of so that one or two or more do stick and drop the rest. You need a good lawyer, proof of calling police, witnesses, proof that your windows were broke out, etc...
Hopefully you will have a fair Judge and not get railroaded.
I have had and seen better luck with a Jury than a Judge.

stephmed25 · Feb 8, 2009, 09:31 AM

Yea I do have all the photos and all the complaints we had made on criminal mschief... but we just got this notice and its for next week and we don't have the money for a lawyer since my husband was also suspended from his job until all this dismissed..

Fr_Chuck · Feb 8, 2009, 09:39 AM

If they are claiming murder, then it is likely one of the people involved in the fight has died. Most likely from injuries from the fight.

And to be honest I am sorry something does not sound really good or right here

10 people against 2, someone had a box cutter ( maybe) but even at 10 to 2, why were the two not hurt serious enough to go to the hospital.
If they were in such a fight how could he be working on a radio just latter that night.

Things they will look at
1. witness
2. the peoples story compared to the physcial evidence and the injuries received by all parties.

In the case of physcial violence was there any point where one party could have ran away, if they could have ran away and did not, then they can be held liable for the injuries that happened after that point also. ( depends on state if in the US)

He needs to find the money for an attorney, if not, plead not guilty to anything, and refuse to give any statement until you get a court appointed attorney.
Also assume he will be charged and start talking to bail bondsmen about bail.

stephmed25 · Feb 8, 2009, 09:47 AM

THere was no murder... he would have been locked up that same night... the fight happened early in the afternoon... plus it was only 2 that night in back parking lot and we have been to court with them already... well I guess there's a dead man walking.. yea my husband had ran away cause he was so fustrated of everything and the police not doing anything the first time.. but he did confront police after that.. he just wanted a lawyer before anything he thought they were going to lock him up that night... yes I told him that was a big mistake running away from seen... I don't know we have never been through superior court before

stephmed25 · Feb 8, 2009, 09:56 AM

And it was me and my husband against like 5 girls and 5 man... yes I do have plent of witnesses everbody was outside that day..

Fr_Chuck · Feb 8, 2009, 10:16 AM

Start getting names and address and numbers of all of your witness for the attorney. And women, sorry worst beating I ever took was a women she could throw me across the room and I am a martial arts person.

But no for it to be murder, someone has died, they may have died two weeks latter and doctors claim it is from the injury.