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I'm waiting for a call from the County Attorney. Yesterday I got a call from the victem line. They wanted to let me know that this guy has court on Thursday. They said I didn't have to go, but if I didn't it would probably get thrown out.

I really DO NOT want to go, but I don't want him to get away either.

Anyone else been in this type of situation? I never have, and I don't know what to expect.

#WTF
TheGreatShadow 9 Oct 16
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If you are the victim and they can't prove the case any other way, you need to go to court. Why did you make the complaint in the first place if you didn't want to follow through? Depending on the type of hearing it is, you might not have to actually face the defendant so please find out how it will work before you decide not to appear. Depending on the type of crime, if you don't follow through you are allowing him to get away with it AND to probably victimize others. You were strong enough to file a complaint, stay strong! The county should have victim advocates that will guide you through the process and stay with you. Why don't you want to go? I was a prosecutor for 20 years and the system cannot work if the victims don't follow through.

lerlo Level 8 Oct 16, 2018

Thank you for the reply.

I'll try and make this short. Background about the guy. He is a former friend. When I first met him he was really cool. Previous to me meeting him, he had spent 12 years in prison. After a few years, I know he relapsed. He'd just act weird for no reason. Come over to my house in the middle of the night, wouldn't stop bashing on my door till I answered. I told him several times not to come over so late. I got sick of it, so I stayed at my dad's for a while. My mom and dad were on their way to see my sister in Colorado. My dad called the house phone, and said there was a police officer that called his cell asking where I was. He thought it was a prank. Few minutes later I got another call. This was a 4 digit number. The only time I've seen a 4 digit number is if it is the police or military. They asked if they knew where I was. I said you are talking to me. What was the call about? This guy reported me as missing! I wasn't missing, I just didn't want to be around him! When he could come over (unannounced) police would drive by my house all the time. This guys wrap sheet is very long, and just by associating with him, I have some very long time friends that flat out told me they lost a little respect for me.

Here's the good part. This guy knows how to get away with things. In the past maybe 24 months, he has committed multiple assaults. The first was when he threw someone out of a moving vehicle. The guys brother came over and showed me pictures of the road rash on his face. The assaultant left him in the middle of the road, and two people saw him and had to carry him home. That went to court. It was dropped to disturbing the peace, and I think he just got a $100 fine. Second time him and another guy got in a fight. He was charged with strangulation and terroristic threats. They both went to jail that night. I thought he was lying, but when he was in the holding cell, he was ripping out pieces of plumbing and destroying toilets. The other guy had a cell right by his, and verified it was true. In court it was dropped to mutual combat. Sentenced to 30 days in jail, but only served a total of 21. How did he get off so light on these charges? He claims he was defending children. That and the lead investigator of this county and him happen to be friends! Same one that is handling this case. With his violent past, and his drug buddies, he's gonna come after me with a vengance. I already explained this to the police. They said they'd do an extra patrol around my house. Happened for a short while, but not in a long time.

I didn't want to report the incident, or the first time he assaulted me. He always has a way of saying "I'm back on my meds, and I'm better. People believe him. The first assault was never charged ('till now). The Police SGT. has been on my ass to press charges. The second time I never went to the police. They found me. Someone saw me covered in blood, and reported it. There are about 18 people we both know that have seen him violent. Other than the two I wrote, I was only able to get 3 other additional statements. Some of which they claim are "missing". People don't want to get involved in things like this.

As of right now, it's only Class III assault. Should be a class 1! He'll try and make it look like he is some sort of hers. Plus his dad has lots of money, and keeps bailing him out. That was my kid? your ass is sitting in jail.

Something funny is going on here. If this turns into a felony, he's going to prison for life.

@TheGreatShadow More than likely the charges keep getting reduced because the complainants won't testify. You need to explain all of that to the prosecutor and tell them you won't agree to a reduction in the charge because most states have a victim's rights law where you get a say. I hope it works out.

@lerlo Thank you again for another great reply!

When I go into the courtroom, he's gonna have a surprise. Myself and 3 others are coming in with me. I got the call from VINES, not the County Attorney. I asked what would be expected, etc. She said to stick to simple yes and no answers. The public defender is going to try and trick me into saying something I don't mean to say.

I need to move far from here after the court date. You are right about people not chiming up. I want to finish my second degree from Software Engineer to Criminal Law. Not to protect criminals, but to protect others.

@TheGreatShadow If you are telling the truth, they can't trick you. Hopefully the prosecutor will prep you and not the victim advocate. You can't answer the prosecutor's questions will full answers and the defense attorney's question with just yes and no because it looks like you're hiding things. You don't have to offer information but answer the question completely. Think about how it would look to a juror for instance if the witness was very helpful to the prosecutor but not to the defense attorney. If you're telling the truth there should be no difference. Just be prepared to explain how and why you know what you know. Please ask for the prosecutor to take some time with you before you testify so you know what they intend to ask you and they will be able to give you an idea of what the defense attorney will ask you. If you have ever mentioned to someone that you were not going to testify, explain why that was--if you were afraid etc. Hang in there!

@lerlo Thanks for another great reply! I appreciate it!

I did tell VINES that I will testify. I talked to the gal, and she asked me to meet up earlier than the court time. They'd give me the low down on to what is going down. If I didn't testify, the County Attorney would not take it to court, I've known this guy for maybe 5 years, and we were best friends. I know he is going to try and pull something. I just know it. Might have a guess, but don't think he can fool the court. Not this time. It's not a question of If he will assault again, it's WHEN. I was over at his house quite a while ago. His girlfriend had a black eye. I didn't say a damn thing. However, the first words out of her mouth weren't "hi". It was "Ryan didn't hit me". I found out that he does beat her. One time her 5-year-old son asked me "Mike, if I told you something, are you going to be mad". I said no (I babysat him all the time). "Ryan beats my mom". I asked him if this was true. He said yes. One time she came over to my house sobbing. It was about her abusive relationship. Usually the trio comes over. This time it was just her.

This isn't the first time he has beat a woman. I can't get written statements (like I said). Don't know how much good it would do anyways since none of them saw the incident. First he claimed I was never with him that night. He got arrested maybe an hour after I made a statement. I am not in any trouble. It took a lot to have the protection order extended. I was in and out of the court room in about 5 minutes. Granted.

One of the 5 times the Police came to talk to me, I was at my dads. Two officers came in to ask more questions. My dad served from 1965-1971. He said right to the officers (with video cameras on) that if he came to his house "he'd fucking kill him". He never swears, but he was expert in pistol (1911) and rifle (M-14). If there is a third instance, I'm not really scared about me. I'm scared what I will do to him. I really don't like to sleep in a wooden chair with a loaded rifle.

Fortunately, I have good friends that watch over my house. Some claim he went missing. He's hiding because he knows he fucked up.

Thanks again,

Mike

@TheGreatShadow Good luck!

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Explain yourself and how you're feeling to the attorney. There may be things that are in place to aid in assuaging your trepidation.

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