I was working as a janitor in the Bronx and I walked into a room and saw a guy of about 40 molesting and cutting a young girl of about 6. I punched him unconscious, tied him up to the wall pipes, bound the child's wounds, and then called the police. While waiting for them to come I treatly him very badly. Won't go into details because there are children on this site.
My question is: If he recovers, can his defense lawyer go after me for using that "extra" force? Would he be able to win? I can't afford to get sued or go to jail because I have to support my friend's family. Turns out the man was the biological father but I don't know if that makes a difference.
2007-01-18 11:29:01 · 9 answers · asked by Zeek 3 in Politics & Government ➔ Law & Ethics
I didn't do it out of anger however. He was about to break lose of the restraints. It still wasn't the best judgement call on my part.
2007-01-18 11:36:46 · update #1
To clarify things I held him up against the wall where there was sharp edges on the pipes. I wasn't
intentionally causing "excessive force", it was necessary to hold him in place. It just so happened that...he wasn't lucky.
Do intentions matter in a case?
2007-01-18 11:41:36 · update #2
Anything you did after getting him tied up was probably a mistake. You should have killed him and said he wouldn't quit fighting and trying to get back at the girl.
A lot depends on the judge, and how much can be proved. Sounds like most of it would be a case of his word against yours. You should deny doing anything after he was tied up and just say he is not telling the truth. You can't be made to testify against yourself, but the 5th. amendment always sounds like an admission of guilt. Might be best to say you were in such a rage that all you really remember is that you kept telling yourself to try not to kill the creep, but don't remember the details.
You do need a lawyer. Some publicity on your behalf if they charge you might help in getting one.
Added. Just read your additional comments. Since he kept trying to get away, sounds like you may not have used excessive force. I bet he used a lot of language that would enrage a normal person too.
2007-01-18 11:41:40 · answer #1 · answered by Gaspode 7 · 5⤊ 0⤋
No matter how horrible the crime, you cannot take the law into your own hands. By all means, fight the man off and take the child out of harm's way, but you went over the line. For one thing, you disturbed evidence by polluting the crime scene. Your fingerprints, sweat, hair, footprints, etc
Your first and only thought should have been getting the kid out of there; save the violence for the cops.
Oh, and one other thing: he could have killed you. That is probably what angered the detectives most about your actions. That creep could have mortally wounded or outright killed you and then what good would you have been to that child? You should have run out into the street or up into the apartment house and made some noise so witnesses could have seen the perpetrator.
2007-01-18 11:40:38 · answer #2 · answered by Matt P 3 · 1⤊ 0⤋
Yes he could charge or sue you for the 'extra' force and yes he could win.
You are entitled to defend yourself and the victim. After that though, once a man is unconscious, you have no right to beat him. You could (should) be charged in criminal court with battery and possibly manslaughter if he dies. You could be be ordered to pay the man damages for the injuries you caused him. It would be a mitigating factor (meaning any sentence or judgement would be less) because you entered such a traumatic scenario, but it would be no absolute defence.
2007-01-18 11:44:24 · answer #3 · answered by Peter 3 · 0⤊ 0⤋
There SHOULDN'T be any laws against cutting this SCUMBAGS nuts off, but unfortunately, you might have a problem. Once you bound him and called the cops, you should've left him alone. Think up a good defense. Tell them he got into your head by saying things to you or threating you. Now you gotta make it look like YOU'RE a little wrong in the head. Who knows though. HTH!
2007-01-18 11:34:22 · answer #4 · answered by BiffJohnson 2 · 0⤊ 0⤋
Unfortunately, 2 wrongs don't make a right - no matter what country the alleged crime happened in.
It's like a woman whose been abused for years ends up snapping an killing her abuser... she gets charged even though she's reported his abuse many times and is on record yet the Courts are "unable" to do anything to help her.
She ends up in jail.
2007-01-18 11:34:59 · answer #5 · answered by Hello 3 · 1⤊ 0⤋
I'm sure charges will be filed against you, but I think most juries would be sympathetic toward you. At least you didn't kill the guy. I think most people would understand your anger. But you did break the law........like in football, unnecessary roughness, but to a much higher degree. Good luck.
2007-01-18 11:41:08 · answer #6 · answered by ? 5 · 0⤊ 0⤋
not that i condone the molesters actions. i think he could sue you due to even what call excessive force. even cops can lose their jobs or go to court for that, they usually can get high priced attorneys to fight the charges. common everyday people like you or me don't get that level of attorneys. whenever you "apprehend" someone. you should always think about how your actions could come back to haunt you should the person be found innocent.
2007-01-18 11:36:28 · answer #7 · answered by i see you all 3 · 0⤊ 0⤋
unfortunately you will probably get in trouble, after he was restrained u should have left him alone, anything after that would have been excessive force
2007-01-18 11:37:13 · answer #8 · answered by Olivia's Mama 7 · 0⤊ 0⤋
good job! you're a hero in my opinion! if I was your judge I'd give you a medal and give the other guy life in prison with a huge cellmate who rapes him every day..
2007-01-18 11:49:47 · answer #9 · answered by Byakuya 7 · 2⤊ 0⤋