I was walking with my 1 year old baby in the stroller by a middle school today and some kid(s) threw 2 rocks at us! One of them came within 6 inches of my baby's head. I called the police because the gym teachers didn't want to do anything. The police have the group of kids who did it, and I want to press charges. My husband is also very upset about this!
These kids could have put out my baby's eye or if it had hit her in the temple, possibly have killed her. I told the policeman that we wanted to press charges and he said that he had the group of kids, but because I didn't see who threw the rocks, there was only so much that he could do.
What steps should I take to press this? I do not want to let it go, they intended to harm me or my child. Their aim was very accurate! If I had been walking just a hair faster they would have hit my sweet baby girl!! Please help me if you can? Thank you so much for your time!
2007-12-13 16:13:18 · 9 answers · asked by ♥Sasha♥ 2 in Politics & Government ➔ Law Enforcement & Police
Wouldn't the criminal charges be pressed by the city? Why would I need a lawyer? Also-isn't assault when someone intends raises their hand to harm you, and the battery is when they make contact?
One last thing-there were witnesses. The other children have pointed out the group of kids they saw do this. Isn't this enough?
2007-12-13 16:23:24 · update #1
I doubt you are going to get the "deadly weapon" part, but I can tell you most states have laws with increased penalties for crimes against young, elderly, or mentally challenged people.
By the sounds of it, there is enough for an investigation. You not seeing it should not matter, as long as there are witnesses, there needs to be an investigation, at the very least. I would suggest you go to the station yourself and request this matter be followed up.
2007-12-13 16:38:14 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
I am not a legal expert, but I will try to help you to the best of my ability. I don't believe that under the law it would be considered assault with a deadly weapon if they did not intend to hit you. You would have to prove that the group of kids intended to harm you or your baby. Their lawyer will argue that it was a group of kids just fooling around and that they did not mean any harm. If they actually hit your in the eye causing him/her to become blind or killed her, you can then file assault with a deadly weapon, but the state would have to prove that they in fact intended to kill your baby. The lawyer may get the murder charged lowed to manslaughter since they did not intend to kill your baby. If the cop doesn't think their is enough evidence to convict the kids, then they have to let them go. They can only hold them for so long, unless their being charged with a crime. Since you or your baby were not hurt, the state would have to prove that the group of kids intended to hurt you or kill your baby, if they can't prove intent, then they don't really have a case since you and your baby were unharmed. If the police do decide to arrest the group of kids, then it will be up to the state to prosecute the kids. If the prosecution doesn't think they could win the case, then they will drop the case. Their not going to take a case that they can't win. So to answer your question, the state won't press it unless they think they can win. If it did go to court, its not a sure thing they would get a conviction, it may even get settled out of court with a fine. If you can't improve intent in court, then you really don't have an assault charge and since the rocks never made contact, you wouldn't have the battery charge ether. Last but not least you have the witnesses. How would the witnesses prove that the other group of kids intended to hurt you and your baby. They may have seen it, but it will be difficult for them to prove that.
As a final note, their are several things the state will look at before proceeding with a case. Some things they may look at, your positioning, where the kids were standing, how hard they threw the rock, the witness that saw the kids throw the rock, and etc. I am glad you and your baby are ok, and best of luck in what ever you decide.
2007-12-14 00:47:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yeah that is Aggravated assault
http://codes.ohio.gov/orc/2903.12
Section: (2) "Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code."
That is a fourth degree felony in OH.
Chances are, however, if charges are filed it will be for assault. Just make sure you keep on the department and they will do all they can. And let them know about the other kids seeing the incident.
Also call the school and complain about that deadbeat teacher. If it was during school hours, you could get the school and kids into some deep doodoo
2007-12-14 02:06:09 · answer #3 · answered by Kevy 7 · 0⤊ 0⤋
Well the policeman is right..I agree with you this is a very dangerous terrible thing..However you would have to prove it..and since you said it yourself, you didn't see who threw the rock I don't know what you expect them to do..Even if you did see which kid did it, it would be your word against thier's..I totaly agree with you though, and I'm so sorry.Your baby was in danger no doubt about it..But I really don't know how to get them for this..It's sad but it simply is going to be really hard for you to do anything..You can press charges but it doesn't seem like anything would come of it..I'm sorry..Well it's a group of kids and kids get away with alot..I mean, they are gonna look at this as kids being kids..I think it's wrong also, let me say that...But talk to a city prosecuter, ask them..
2007-12-14 00:19:32 · answer #4 · answered by gangstaG 4 · 0⤊ 0⤋
Talk to a lawyer--perhaps you have a better chance in civil court suing their parents--Or possibly the school district--KA-CHING!
But if you don't know which one threw the rock---how can you press charges.
The cop could probably had coaxed it out of a few of the kids, if he separated them. But it sounds like he was more interested in getting off duty.--or to the local donut shop.
Maybe you should also have asked to speak to his supervisor.
Regardless you should have went to the principle if you felt Gym teacher was letting the kids do this and raised a fuss. That would prevent the Gym teacher from getting lazy in his/her duties in the future.
2007-12-14 00:26:27 · answer #5 · answered by kejjer 5 · 0⤊ 0⤋
Call the school principal. Tell him/her you are contacting the police and the newspaper. The principal can find out who threw the rocks!!
The kid needs to go to jail for a few days.
Call a lawyer and get his/her advice.
2007-12-14 01:08:32 · answer #6 · answered by Rosee 3 · 0⤊ 0⤋
wow that even makes me irate. I would have been the one in jail for choking those kids out. How dare they! I wouldnt pinpoint one kid that did it ,if he didnt do it he will tell who did. You prosecute to the fullest extent. Hire a good lawyer. Make sure you have copies of police records and then call an attorney.
2007-12-14 00:17:38 · answer #7 · answered by Rina 5 · 0⤊ 0⤋
Absent your ability to identify the rock throwers - who is to be arrested ?
Notify the school: they need to know that their staff [gym teachers] did nothing.
2007-12-14 11:18:20 · answer #8 · answered by sirbobby98121 7 · 0⤊ 0⤋
IF YOU DO NOT KNOW WHO THE ACTUAL CULPRIT IS THEN YOU ARE LOOKING FOR A NEEDLE IN A HAYSTACK.
REPORT IT TO THE SCHOOL PRINCIPAL AND THE SCHOOL BOARD.
GYM TEACHERS DID NOT WANT TO GET INVOLVED OR ARE SO OBLIVIOUS TO WHAT WAS HAPPENING SHOULD BE REPRIMANDED OR FIRED OR BOTH.
2007-12-14 01:24:09 · answer #9 · answered by ahsoasho2u2 7 · 0⤊ 0⤋