Quote:
Originally Posted by leisuredrummer
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
|
You do realize , don't you, that mouthing off outside of a bar doesn't translate into "ready to get on my way", right? ( A point the City attorney and attorney for the cop will most certainly make).
I think this situation is going to boil down to he said/he said--meaning, of course, that the "he" that is you unfortunately doesn't carry as much import as the "he" that is the COP. And, to be honest regarding that topic, I have met as many dishonest cops as I have honorable ones. And, it certainly isn't beyond belief that the one that was there that night acted inappropriately. I am confused though as to if the officer was on duty--was he on duty, and in uniform? That is relevant because it relates to if he was acting in color of the law.
As far as the whole event and how it unfolded---I have never drank or been inside a bar---I don't say that to denote some sense of superiority---I say that only to say I have no way to speculate what could have or should have been different--since I don't know and have no personal experience to rely on. Perhaps you and your wife being disgruntled was just the proverbial 'straw' that broke the camels back. I do think, though, that the fact that you bear some culpability ( mouthing back, instead of merely leaving ) could sway a jury. Also, when you told the bartender to 'watch your mouth', could you have reasonably predicited that would escalate the situation? No, it isn't against the law, but was it reasonable to assume and predict those words would aggravate an already tense situation? I believe so.
But then again---what do I know? OJ Simspon is a free man.
If you think you have a case, you need to contact an attorney experienced in Section 1983----not a personal injury attorney. Be sure to tell him the police officer never identified himself, etc, as you stated in your second posting. I would seek relief immediately if you intend to do so because the more time that goes by, the harder it is to prove your case. But, realize, you will have to do exactly that--prove it. Word against word is dead in the water. Keep in mind, too, that although the "other side" may have only interviewed witnesses favorable to their actions, you are free to do the same, should you be able to find others there who recall the events of that night. That is why time is of the essence. Do you think the testimony of your friends and family is any more bias than that of the cop, the bouncers friend on speed dial? It looks like a level playing field to me in terms of witness credibility. Your attorney can also consider other things such as previous such incidents with this bar/officer/bouncer, etc and investigate more thoroughly the events of that night.
But be advised what you are attempting is a long uphill battle for --well, in my opinion, very little pay off. But, the "is it worth it" determination is only one that you alone can make.
I have enjoyed this exchange.
Be well.
|