partner being punished for hitting youth for firing at his 8 year old son in window?

Question

few weeks ago our son was looking through bedroom window seconds after the window was broken with a catapult, my son had seen 4 youths over the road told us who they were so my partner ran out to find them. He came back 20 minutes later told me he saw 4 youths hiding in trees when he was in car so when he did find them dragged one of them to the car to take to police station to explain at this the chap aged 15 sat on the ground so that my partner could not lift him so he hit him on the head with a metal tube knowing it was wrong but was very angry and upset thinking what could have happened if our son had not have moved. as he got into the car he saw this lad get up holding his head and walk off.That evening my partner was arrested for assaulting the youth was taken for 6 hours the police said that because he had told the truth would have him for common assault now his friends have changed stories lots of times and now are saying he was knocked out will the court see our side or liars

Answer 1

I know it's wrong and your partner felt that the youth deserved it but assault is assault whatever the circumstances leading up to it. Also the youth could have been seriously hurt, you just don't hit people on the head with metal bars it's not right sorry but your partner is in the wrong.

Answer 2

Your side admits guilt. While I personally feel for your situation we have to consider some hard truths:
A, The crime had been commited.
B, There was no immediate danger to life.
C, He used a weapon.

Im sorry but even police officers are not allowed hit people on the head and certainly not in this situation. If a cop did this the public would go nuts.

Aside from this I see citizens arrest mentioned, well I wont state UK law but in Ireland you have NO power to arrest. the crime was commited, the suspects were not running away, you didnt see which one did it.

Exactly what evidence do you have that this particular kid did anything at all? None and thats why vigilante justice and kangaroo courts dont wash.

Answer 3

Can't say the youth didn't deserve it, the projectile that broke your window could have so easily have hit your son in the head. I'm afraid though that this seems to be the criminal justice system in the 21st century though, punish the innocent, pander to the guilty. I'am a hot tempered individual and wouldn't dare say that I wouldn't react similarly in the given circumstances, I know I would have to be restrained, but at the same time what your husband did was extreme, it is time that youths learned that they cannot get away with this form of vandalism with such serious consequences scot free, The police should be backing up you and your husband and charging the youths, not the other way around.

Answer 4

Well, here we go again.

Yobs fire a catapult at lad in his bedroom, breaking the window. His irate dad catches the scum responsible and attempts to make a citizen's arrest. The fifteen year old resists and sits down, angry and frustrated, dad hit's the prat on the head with a metal tube.

Later dad is arrested and charged with common assault, but the yobs are attempting to have the the charge allered to one of grievous bodily harm.

In my opinion the police will stick to the common assault charge, but if it was me who was in the dock, I would plead guilty to common assault, but with mitigating circumstances.

The unprovoked attack upon my son and the fear of just what could have happened to him when the missile came through the window, and the frustration of knowing that even when you had caught one of the youths, you were on your own, because the police have abandoned the streets.

I would argue that if the police and the courts will not protect us or ours, then we have a human right and no other recourse but to protect ourselves and our own.

Tonyb

Answer 5

Of course what your partner did was wrong but I can understand his frustration. However, what was he doing with a piece of tube, that looks premeditated. One thing is sure, he will be charged, the Police love these scenarios: no work involved in finding the culprit,open and shut case, another 100% result for the C.C's statistics. Hopefully, if he hasn't a previous record he will only get community service or similar but he should have reported the matter rather than doing the vigilante bit.

Answer 6

Your partner is lucky if he had put the youth in his car and left the scene he could have been charged with kidnapping a minor which is a very serious offense . Imagine if that childs parents had seen your partner triing to put there child in his car . The only circumstance in which a civilian can detain a child or adult is if a felony has been commited . The best policy is to Local Law enforcement and let them deal with it.

Answer 7

Seen it hundreds of times. The fact is your partner hit a juvenile with a metal tube which was a hugh mistake even just touching him is actual assault. Let the court decide the fate..All the best.

Answer 8

Any time an adult assaults a minor, heads will roll. There is not much defense (in court) that one could use, aside from self defense; which is not the case here. I think you need to alert the police about what is happening about your house, & prepare to press charges against the parents of these "ruffians" should you catch them.

Answer 9

Two wrongs don't make a right ! Your partner needs an anger management coarse. Even the police don't normally hit people in the head, especially with a metal object. He could easily be convicted of battery to a minor, however the judge may cut your partner some slack given the aggressiveness and behavior of the out of control kids !

Answer 10

Sounds about right this,it's a wonder that plod didn't blame your son for having the audacity to be in front of the window,what your partner should have done is waited and got the little bastards alone,one at a time and leathered them.