Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: comwatch
"If only misdemeanor charges seem appropriate, the victim must make the arrest since it didn't happen in front of an officer."

Just a minor addition to your post. If the victim of a misdemeanor assault later identifies the suspect, the victim can still sign a complaint and the case can be submitted for a warrant. That being said, people know when they have been pushed or punched. If they told the officers who responded that they were assaulted, and they provided the elements of assault, the officers should have filed crime reports, not incident reports.

148 posted on 08/16/2003 11:41:08 AM PDT by Enterprise
[ Post Reply | Private Reply | To 105 | View Replies ]


To: Enterprise; lainie; Impeach98; CounterCounterCulture; lawdude; steve50; Saundra Duffy; ...
You wrote: "If the victim of a misdemeanor assault later identifies the suspect, the victim can still sign a complaint and the case can be submitted for a warrant."

Thanks for the clarification although it prompts another question. Does the issuance of a warrant remove the civil liability that's implied in a citizen's arrest before the misdemeanor offense becomes "stale"? In other words, does the warrant mean the arresting agency is making the arrest on "probable cause" versus the latter?

Also, (since I suspect you're with an agency and have the right answers) why do so many SPD officers and their supervisors still ask for a "Citizen's Arrest" on felonies when the Penal Code is so clear that anyone can arrest for a felony even if not in one's presence?

Lastly, we've not heard from Impeach98 since his offer to answer some questions on the 12th. I hope he hasn't been kidnapped by Davis goons. I've cited three Incident Reports and one possible Crime Report that I can find so far. The silence is making me scratch my head. You all might be interested in excerpts from the KFI interview.

KFI Interview - Charges filed

KFI Interview - Felony charges for assault on child.

If all these charges are being weighed, why isn't there any effort being made here to back the victims and show the DA there's a compelling interest to prosecute to the max? I'm digging for more hard facts today... a week after the incident. I hope there's more substance than smoke. Not hearing from the players is disturbing at best.

149 posted on 08/16/2003 1:20:05 PM PDT by comwatch (You've got to stand for something, or you'll fall for anything!)
[ Post Reply | Private Reply | To 148 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson