I was accused of assault at the courthouse

Lurker

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I had a very upsetting experience and I wanted to share it and see what kind of feedback I get from you folks.

First let me start by saying that if you ever met me, you would see that I am a very mild-mannered, clean-cut, non-threatening, polite and friendly guy. I have been compared to Richie Cunningham in the Happy Days TV show in that way. Both in demeanor and appearance. I was wearing a suit and tie and was at the courthouse to get a traffic ticket dismissed.

People started arriving about an hour early for traffic court and a line was forming in the large lobby outside of the courtroom. I was near the front of the line and eventually there were over one hundred people in line. Just before the court was due to open, a man broke in line right behind me. I politely asked him if he was looking for the end of the line and pointed it out to him. He became immediately belligerent and said that he was in line right where he should be and not to tell him what to do, etc. Well, the exchange continued about as you might expect. I insisted that he should not break in line in front of people that had arrived an hour before he had and he became loud and indignant. This went back and forth a few times. At this point I made what was to become a huge mistake by gently placing my hand on his shoulder and sort of held my other hand out in a "step this way please" gesture in the direction of the end of the line. I did not push or pull him even slightly or grip him. It was a very gentle touch. Of course he immediately started announcing very loudly "Don't you lay your hands on me" which soon progressed into "This man assaulted me!" and "I'm going to press charges." He was moving about the whole lobby making a big display to the whole crowd and repeating his statements over and over for quite a few minutes. It was really quite a scene and everyone was sort of rolling their eyes over it.

I should say at this point that I am not a member of any minority group and the other man was a member of a racial minority and apparently also a member of a sexual-preference minority group. I mention this not as a judgement about him, but because it might have affected the dynamic of the situation. We are both in our 30s and of medium build. I am tall and he is of average height.

Several people near me made supportive comments to me about how they thought I had not done anything wrong and they appreciated my speaking up about the breaking in line. The man right next to me was trying to help me out by saying that he never saw me thouch the guy. Within a few inches, maybe, but he never saw me touch him. Eventually the man got hold of a court official and had them summon a law enforcement officer. He continued making a scene for several more minutes until the deputy arrived.

Next the deputy pulls us both aside into a private room nearby and lets the man tell his story at great length. By this time the story was about how I shoved him and he demonstrated how his body was flung back and thrown off balance. Of course he had not been breaking in line, but just making a call on the nearby pay phone to speak to his lawyer, etc. All of this was complete non-sense, but it went on and on. I patiently waited for my turn to describe the events and when I began, I was quickly interrupted by the man who basically tried to repeat his whole story again. I eventually got a few points across, but only by butting in and I didn't get to say much. The deputy was not that interested in letting me talk and not interested in hearing from any of the hundred witnesses on the other side of the door, all of whom would have told him that the other man was the only one who needed arresting. The deputy started his little speach to me with "First of all, since you touched him you are guilty of assault and I would have to arrest you for that...."

This was of course very true, but I definitely hadn't admitted touching the guy and this fact was hardly established at this point. It was only based on the man's statements and no witnesses at all. I could see that I was over a barrel at this point. A big problem was that the other man was the one who called in the deputy, so I was naturally on the defensive and was not being given any benefit of the doubt here or even much of an opportunity to answer the accusation. During all the rambling, the other man let slip that if I had just apoligized he would have let the whole thing go. This was probably stated to make him appear reasonable, but I keyed in on an apology as my best hope and decided to cash in on the offer. I quickly launched into an elegant apology (again without explicitly admitting the touch). This started smoothing things over, but not before a whole lot more indignant rambling by the man and a final stern warning by the deputy. Eventually we all shook hands (cringe) and I returned to the lobby where there was a general murmering in the crowd of relief that I had gotten out of my predicament and quite a number of people approached me with supportinve comments and some offering to act as a witness on my behalf, if needed.

Once I had returned to the lobby, it was my turn in line and I immediately began conducting my original business with the court. Within just a few minutes I completed my business, caught an open elevator and walked outside onto the sidewalk only to hear "Sir, wait a minute!" It was the deputy calling me back for what I thought was an apology, but instead he accused me of making a threatening remark to the other man after our little meeting. It was allegedly something like "You'll get what's coming to you." I hadn't so much as laid eyes on the other man since our meeting and told the deputy so. Nevertheless, the deputy had me go back inside the courthouse, back through the metal detector and the manual wand search procedure and have my posessions x-rayed. I was fully expecting to be charged with the original assault complaint and cuffed and put in jail. I have never been in that kind of trouble before and it was pretty intimidating. We went back to the other man and it soon became clear to the deputy that a completely different person had made the remark (the guy originally beside me in line). The man thought this person was my friend and was therefore somehow speaking on my behalf. Since it quickly became clear that I had not spoken the words and was not present when they were spoken and I was insistent that I did not know the other guy, I got out of this one in just a few more painful minutes and yet another handshake (cringe), but I assume the deputy then went to question the other guy. I just left as quickly as possible because I was afraid at any minute the man would change his mind and try to press criminal charges against me for the original touch. I have no idea what the other guy was put through after I left, but I hate to imagine.

So that is where it ended, except I was pretty upset for the rest of the day and definitely learned a few lessons.

One of which obviously is that I will not ever touch anyone again no matter how slight. This was a huge error. The other lesson being that if someone really wants to harass me, it is surprisingly easy to use a law enforcement officer as a tool to do that. This is not a criticism of LEOs, for whom I have a lot of respect, but just the nature of the legal system and how it can be manipulated in ways that do not follow true justice.

By the way, I should have called the deputy first to get the guy out of line to begin with, but I was very reluctant to give up my place in that long line to wander the various floors of a huge courthouse looking for an available officer. I highly doubt one would have rushed to my aid anyway for a minor complaint like line jumping. So that just didn't seem like a valid option at that point. This only looks like an obvious solution in hindsight.

Finally, for you legal purists, my infraction was probably a battery rather than just an assault, but the terminology hardly matters and I reported the terminology that was actually used yesterday.

Sorry for the long post. I tried to keep it concise and believe it or not, I did trim a few details.

Thanks for your impressions.
 

Monolith

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FYI - An assault normally does not require "touching" (it varies by state). Mostly goes to if the person felt threatened by a gesture, etc.
 

powernoodle

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Glad you stood up to this axewipe. If more people did that, they'd get away with less of their horse hockey. Be content with the assurance that he will get whats coming to him sooner or later.

best regards
 

Malpaso

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[ QUOTE ]
Monolith said:
FYI - An assault normally does not require "touching" (it varies by state). Mostly goes to if the person felt threatened by a gesture, etc.

[/ QUOTE ]

That is correct. If you swing and miss, you have assaulted someone. If you connect, that's battery.

The bottom line with this situation is that anyone can accuse anyone of anything, or sue anyone for anything. It doesn't mean you are guilty, it just means you'll spend a lot of time and money in court. Some poeple, like this individual, are either looking for attention, money or both. He likely targeted you thinking you might pony up some cash to make the incident go away. There was a scam in my area where a minority couple would go into busy Real Estate offices for about five minutes, talk to no one, and then file a suit saying they had been discriminated against. They got about $5K from a bunch of businesses who just wanted the propblem to go away, and not have to pay a lawyer to go to court.
 

powernoodle

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Not that it matters, but these definitions vary from state to state. In the state where I'm located, assault requires a physical injury.

Now, back to your regularly scheduled programming . . . /ubbthreads/images/graemlins/smile.gif
 

Lurker

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Malpaso,
That's an interesting point about the scam angle. In this case I think the guy's motivation was that he was humiliated about me calling him on the line jump. He probably jumps lines all the time and no one has ever said anything about it. He couldn't just slink to the end of the line with his tail between his legs without losing a lot of face, so he had to make a scene. I wasn't backing down and he could see that he had no chance of winning the confrontation. But when I touched him, he saw his opportunity to turn the tables on me completely and take all the attention away from his original act. Not to mention get revenge on me for calling him on the line jump.

I kind of have to hand it to him. He really got it over on me in his own twisted way.
 

lymph

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That's sick. I'm glad you didn't have to go through any worse than you had.

I've been to court to contest a ticket and there were some real winners there. I had to sit through the pleadings of probably 40 people in for DUI. I don't think I've ever been in a room with such a high concentration of scum. I wouldn't touch any of them with a 10 foot pole - they know the ins and outs of the system better than I do, and I know I'd be targeted for something if I looked at someone wrong.

Anyway, sorry you had to deal with that, Lurker.
 

Nitroz

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Lurker,
May this guy break out with a rash that causes pain when walking.
 

chmsam

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It's good to be aware that it isn't being a wuss in a situation like this to call for a security officer/deputy. It's their job, but it's also their house, and it's their rules. They know their turf better than you do. It pays to remember that we aren't always in places where we can act casually. Think of it as having to drive the way the person giving you the road test wants you to drive. Plus once in a while it's fun to watch the system work in our favor.

It isn't that you did anything wrong, it's just that a normal reaction in one place doesn't work well in another. Strange as it may sound, courts tend to be areas where there are lots of criminals, and they don't act like the rest of us. Gee, go figure. But it's easy for the rest of us to be naive 'cause courts aren't where most of us spend our time. The key point is to remember to think before you act when you are out of your normal element. Court and airport security areas are a whole 'nother world. However, anytime we are out of our usual "neighborhood," we should remember that our rules might not apply anymore, and that it pays to be aware of what is going on around us. Our normal reaction to a situation can get real exciting for all kinds of bad reasons.
 

greenlight

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He was just lucky he was in a courthouse, otherwise there might have not been another officer nearby to protect him... Seriously though, I do the same thing all the time (better to not have to touch, though). Like using my jedi mind powers to suggest to someone, "You don't need to cut in line in front of all these people." Not everyone responds well and some people are just jerks.
 

greenLED

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HUGE [censored] /ubbthreads/images/graemlins/wink.gif

Not grouchy anymore. Been there, and it ain't nice. Glad you're off the hook.
 

chmsam

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Howsabout starting a new thread on the level of rudeness you've seen lately, as a method of venting? I swear (and often, too!) that civility isn't getting an even break these days. It isn't that there are a lot more buttholes lately, but yumpin' yimminee, they make up in volume for what they lack in numbers. And it makes no matter what race, age, or gender, either.
 

BC0311

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Lurker, glad you were able to use your wisdom in bringing this incident to a relatively painless end.

I got in no small amount of trouble one time for doing a bouncer's job in a bar. Off I went in the back of a police car and off he went in a "bus".

It's too bad we can't figure out a way to legally allow for "justifiable assault and battery" that would permit the immediate correction of public rudeness and name calling. /ubbthreads/images/graemlins/yellowlaugh.gif

No wonder they were so polite back in the day when duels were legal.

Glad it is just an unpleasant memory for you.

Britt
 

jtr1962

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[ QUOTE ]
Malpaso said:
[ QUOTE ]
Monolith said:
The bottom line with this situation is that anyone can accuse anyone of anything, or sue anyone for anything. It doesn't mean you are guilty, it just means you'll spend a lot of time and money in court.

[/ QUOTE ]
And anyone wonder why I hate lawyers so much for creating an atmosphere where this is even possible? I think we should go on the principle of "loser pays". If someone accuses you of something you didn't do you shouldn't go bankrupt defending yourself. If the accusation turns out to be false, they or better yet their lawyer should pay for your lawyer and also pay you for the time wasted in court. That would make lawyers think twice about filing frivolous lawsuits. This isn't to say that some lawsuits don't have merit and result in us all being better off. However, it just seems that frivolous lawsuits are becoming the rule rather than the exception.
 

83Venture

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There are so many incidents where the victim is charged/harrased or the system is blatantly misused to intimidate. No wonder so many people now fear the "Justice System" instead of thinking of it as there protector.
 

BIGIRON

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What I find sad is that nobody else was willing to stand up to the person. You weren't even the harmed party -- the folks behind you in line were.

Similar thing happened to me last month. Three ticket windows at the movie and one line -- people moving from the head of the line to the next avilable window. Dude, not in line, walks up and goes to window. Young ticket lady attempted to explain the process -- dude became belligerent. He was swarmed by about 6 guys and gals from the line who explained the process in terms he could understand. He apologetically moved to the back of the line.

Of course that was a whole different scenario and mindset from your courthouse situation. I would give the folks in line behind you the advice a training sergeant gave me "If you allow yourself to be intimidated, you will be intimidated."
 

this_is_nascar

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I stopped reading your post after the 3rd paragraph. Bottom line... never put your hand(s) on someone. You could have been killed or brought harm to that croud of people. Nowaways if you reach for someone or touch them, it better be because of self defense, etc.
 

Lurker

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Thanks for all of the opinions, advice and encouragement. It has been very helpful to read all of your posts.
 

TimB

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Hi Lurker,

It is a shame you were alone in your efforts to correct the improper behavior of the erring gentleman. It never ceases to amaze me how a single person can sometimes be so successful in mistreating a larger number of people because they (the larger number of poeple) simply tolerate it.

For what it's worth, I think the Deputy failed to get all of the information he needed to adequately assess the situation. Although I no longer work in the Courts, I have done that job. I'd like to think the situation might have played out differently had I been there :)

Glad it all worked out without any major damage...

-Tim
 
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