Well first of all I’d like to say thank you for your reply. I enjoy the way you reply to people and cut out the nonsense and give it straight, no sugar coating, which is kind of the way it should be. After all, it’s not your job to fluff your replies or even reply in the first place, I really do appreciate your time, experience and advice.
To clear a few things up, the uniform and flashing lights didn't "tip me off" to the Officers presence, he came on foot and joined four other males in hitting me but instead of hitting me with fists like the other men were, he hit me with his baton. He never once said, "Stop, Police" or any thing of the sort. I was hoping for an Officer at that moment to come help me, in which he came but it certainly wasn't to help me. I didn't see him until after he hit me, certainly not following the Use of Force Continuum that is recommended.
Also, complaining about service in a bar is not against the law, it's also not a usual pre-cursor to a fight, many people do it all around the world, everyday. Once the bartender said his words, I simply told him to watch his mouth (not against the law) at which point he told me I was kicked out. I didn't sit in the bar and make a scene, I got up immediately and left. I was assaulted by the bouncer right as I walked out the door, so I’m not sure how you get the idea that I wasn't making matters any better for myself. I was leaving. The bouncer grabbed me and pushed me down just outside the door of the establishment.
You said that there surely were other witnesses, which is correct BUT the Officer only took a statement from the bouncer, he didn’t retain any names, phone numbers, statements, etc. from anybody else at the scene. I can't very well go around and get names of people as I am in handcuffs in a Police car. He never took a statement from my friend that he supposedly saw me "open hand slap". So I wish I could call on witnesses but I have not the slightest idea on how to find them. The only witnesses I have are the people in my own party, who I am sure, will be considered slightly biased by any Judge or Jury.
As for my record being cleared, I have to pay $650 for the deferred adjudication and another $1500 to expunge the arrest charge. To me, being somebody who left a bar at my own will and was assaulted after I was outside, I feel like that’s unfair. That’s not justice.
Most likely I will take the deal, although I would enjoy a pretrial diversion much more.
I really do appreciate your reply GentleGrace, it means a lot, it's been tough to get straight answers from anyone. I hope this reply gives a little more detail to the situation for you. I wasn't looking for trouble that night and I wasn’t trying to be a hero or anything of the sort, I stood up for my Wife verbally and was then ready to get on my way.
-Clint
Last edited by leisuredrummer : 03-08-2008 at 01:01 PM.
Reason: Spelling error.
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