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My son and some friends were riding bikes. My son, who was trying to impress his friends I'm sure... yelled out to them "man, that's an ugly f****** dog". The owner and his family (including his child) heard this. The boys continue riding down the street unaware of what's about to occur. The man gets in his truck, chasses the boys down (hitting one of them with his truck mirror) and gets out of his truck, yells and pokes/pushes my son (who is a minor). A witness calls 911. The officer (we find out) knows the man and encourages us to "drop" it and chalk it up as a lesson learned. I later find out this man does contract work for the police department. Ironically, my son gets changed with disorderly contact for saying the "f-word" but strangly enough this man isn't being charged with anything. Your thoughts?

2007-09-11 15:15:37 · 16 answers · asked by winslow_alexander 1 in Politics & Government Law Enforcement & Police

16 answers

To even think that a charge like DisCon on a minor will be taken seriously when the recap of the events takes place in court is utterly ridiculous! That the police did not take the man driving the truck into custody or issue a field appearance ticket is unbelievable. At the very least, if he admitted to the officer in telling his side of the story that he struck one of the minors with his vehicle (even if it was only the mirror), he has admitted to a crime. If the man actually threatened & made physical contact with your son, I can think of at least three offenses he's committed (if the incident had occurred in New York State).
Menacing in the third degree - misdemeanor [shoving/threatening]
Reckless endangerment in the second degree - misdemeanor [Hitting w/ mirror]
Harassment in the second degree - Violation [shoving]

In NYS, his actions would not be severe enough to meet the requirements for assault because they differentiate assault from either harassment or menacing by the presence of actual bodily harm.

While it is true that your son technically committed the crime of Disorderly Conduct (A violation in NYS), I doubt that it would merit the effort had the collateral incident afterwards with the man chasing them down in his truck not occurred.

At the very least, I would seek the advice of your attorney when your address the charge against your son. Don't expect to be able to drive even one MPH over the speed limit in your town ever again without being pulled-over since the officer's conduct will be called into question if the man in the truck is charged.

The real question here is do you want all the attention that following up on the incident will bring... or would you rather focus your efforts on pleading for leniency for your first-time (hopefully) youthful offender?

I wish you and your son the best of luck.

2007-09-11 16:42:01 · answer #1 · answered by ResQMedic4806 3 · 0 1

depending on your states law, you have up to 2 years to file the assault charge. It will probably more likely be charged as an offensive and provocative contact which is a misdemeanor only punishable by fines. I would go down and insist charges be formally charged, and if they refuse let them know you will be contacting the State Police and the FBI. These agencies will over ride whatever corruptness is going on.....DO NOT LET THIS GO AWAY, it will only encourge more bad calls by patrol officers....I would also encourge you to contact the agencies interal affairs division and file a disciplinary action on the officer.


It is not legal to make unwanted contact with somebody even if there are no injuries, it is called assault by contact. Me poking you in the chest is an assault, and you or anyone around had every right to take this guy down to defend your son. yeah your son was wrong by dropping the F bomb but not near as wrong as a grown man pushing around a kid.

Also techincally the hit from the truck mirror if it was intentional can be charged as an assault with a deadly weapon. Like if he was trying to use the truck as a blocking device to stop your son, in that case could also be unlawful restraint. Your sons offense did not warrant the action of this guy trying to stop your son in that manner.

2007-09-11 15:23:43 · answer #2 · answered by railer01 4 · 4 3

The police would be interested in anything you actually saw or heard leading up to and including the day murder was committed. If you are an actual witness to anything--violent fight with sister, threats made by sister that you personally heard, etc.--then contact them. But if all of your "help" consists of reading news articles and stories and checking out the internet, then don't bother. You have nothing to offer the police but speculation and hearsay.

2016-05-17 11:22:31 · answer #3 · answered by Anonymous · 0 0

One of the other guys is correct. What goes around, comes around.

Your son was acting like an @ss and was treated accordingly. Maybe he'll learn respect from this incident since he's not learning it at home from you.

I'd also bet that there's more to this story than what you told here. I'd also say that it's up to the cop's discretion to charge whatever he believes happened. He likely doesn't believe your son....wow, there's a shocker. Next time your son insults a family and rides off into the sunset like he's slick, maybe he better be ready for someone to be pissed enough to chase him down and slap him around.

As they say, "don't let your mouth write checks your body can't cash."

2007-09-11 15:51:54 · answer #4 · answered by LawGunGuy 3 · 2 2

go to your police station, ask to speak to a supervisor, tell the supervisor (sgt, cpl.) you like to put in a complaint w/police - or contact Internal Affairs. I'm a police officer and there is nothing against the law for saying the F word. actually, a report for Agg. Assault by veh. should have been taken. it sounds like he intentionally made contact w/your son for no reason. kids say the most rudest things when they are not in their parents presence, but there was no reason for the adult to act on it. good luck and all police do not live above the law. hope this helps you.

2007-09-11 15:55:07 · answer #5 · answered by lynnette 3 · 1 2

no person over the age of 18 ( except a parent or gaurdian ) can place their hands on a minor - ( and yeah the police if necc ) i would think that would constitute as assault - you should seriously consider consulting a lawyer - your son does not have to be injured - if a female slaps me and does not bruise my face she still slapped me - thats still assult -

before consulting an attorney - you could consider going in to talk with the police cheif or captain he may set thigns straight -

your son should probally plead guilty to d/c it is not a serious offense and he was in the wrong - but i would deffinitely look into it - if they want to act funny - you can always call the news station - or the news papers - if others come forward it could launch an investigation -

2007-09-11 15:22:27 · answer #6 · answered by imissmahboo 4 · 1 3

Get a lawyer. It sounds like the police department is corrupted. Is it possible your son was assaulted? What do the parents of the other boy say? I am wondering who needs to learn the lesson more - your boys or the police department.

2007-09-11 15:24:54 · answer #7 · answered by Zelda Hunter 7 · 1 3

WHAT GOES AROUND COMES AROUND--IF THEY ARE DIRTY IT WILL BELIEVE ME IT WILL COME OUT IN THE LAUNDRY--REMEMBER THE SONG WE LIKE DIRTY LAUNDRY---YOUR SON IS THE INSTIGATOR OF THE EVENTS--BUT THAT DOES NOT EXCUSE THE MAN FROM HIS ACTIONS AS A PSYCHOTIC CHASHING DOWN YOUR SON AND HITTING HIM WITH THE MIRROR (VEHICLE ASSAULT)AND THEN POKES AND PUSHES YOUR SON--(Assault ON A MINOR) AND IF I GOT A TICKET SO WOULD HE UNLESS THEY WANT TO CHALK UP THE WHOLE MATTER in equity-(what is fair to one is fair to the other)--IF NOT PRESS IT TO THE MAX--HE HAS NO RIGHT TAKING THE LAW INTO HIS HANDS--HE MAY WORK FOR THEM BUT IS NOT A POLICE OFFICER. (EVEN THE POLICE DO NOT HAVE THE RIGHT TO BEAT YOUR CHILD)--THIS COULD IF FOUND GUILTY OF CHILD ABUSE LAWS OR DOMESTIC VIOLENCE LAWS--CAUSE HIM TOO LOSE HIS BUSINESS WITH THE DEPARTMENT--TELL HIM TO THINK ABOUT IT HE HAS MORE TOO LOSE THEN YOU DO--IN THE MEAN TIME AND THERE AFTER YOUR SON SHOULD BE A VIENNA CHIOR BOY--

2007-09-11 15:39:57 · answer #8 · answered by ahsoasho2u2 7 · 0 3

Yes, it seems fishy, but unless your son was injured in some way, it's perfectly legal. If your son has injuries, you should contact an attorney. Otherwise, forget it and move on.

2007-09-11 15:20:51 · answer #9 · answered by Anonymous · 4 1

Nothing fishy. Your son sounds like a punk ***.

If you won't discipline him at home and show him right form wrong, I guess I stranger had to do it.

2007-09-11 19:09:04 · answer #10 · answered by California Street Cop 6 · 1 1

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