I hate violence, but not scared

[riccoh]

Well I must give an update and count my blessings, I thing there is much to debate and I was really expecting to not come out in a glorious way as I think I did. I appeared this morning with lawyer in tow, prosecuter offerred a deal for conviction on the other party and two witnesses where there for support.
Turns out the car that almost run me over was stolen and not more than 7 miles away was disabled and the same person was taken into custody for trying to take a vehicle from a mall. The suspect has been taken in on 13 separate occasions for assult in the last four years. I did recieved suspension of C/c for 6 months and lost the memory card for my phone since teh pics were stored there. The suspect was on probation and has been held with out bail pending trial.

To clarify some matters, I did not started the confrontation, sure I was mad at the incedent, but when I got to the light there were at least 3 car length of open space in front of him, as I was slowing down, I can see he put the car in park as the reverse lights came on for a split second, and I truly believe he was going to apologized.

Instead flipped me and gave me a few words of his own before I could turn my MP3 player off. We exchange some words and he put his phone in speaker and I can hear what appeared to be someone laugh on the phone, by the time that i drew out my weapon, he was within 16 or so feet from me and I wasn't going to fair good if i got hit.

Two of the witnesses had called the police from when i was runned off the road and remain on the phone until police arrived. I was immediatly handcuffed when the police arrived, and seems that all after the watch commander came on scene, statements were taken, then my statement was taken on scene with a ticket and release appearance.
learned today that there were a few calls of this incident and was fortunate that the witnesses took time off to appeared today. I had a JAG officer with my and my attorney and my C/c suspension will only last six months or until the trail is over.

The only part that i still dont understant is why should there be another trial if the suspect was in probation and clearly violated that. At least he will remain cutody until trail is set and investigation is in progress.

 

[Projekt]

Excellent turn of events. I am glad it all worked out for you and another scumbag is off the street.

 

[BusaBret]

Darn proud it turned out well in your favor!

 

[BusaWizard]

Good for you, +1 for the good guys. Now let me ask, if you had to do over again, would you do it the same way? ???

 

[SANDFLEA85]

you already had a court date??? 1 day after event??? suprised a report was even filed in that time let alone enough time to get it to a prosecuter and have it reviewed??? usually takes months, is there no crime what so ever there

 

[Dino]

Good to hear about this outcome. Not sure why your C\C was suspened because had you not had it in the first place you might have been injured very badly. Seems to me that the C\C permit and your weapon was what saved you. Makes no sence to me. Good luck to you.

 

[Wallie]

I'm happy that everything work out go for you in one way.

 

[Katslair]

Way to go I sure am glad this worked out well for you!

If people would stay off the cell while driving, they would be more aware of their surroundings.

Here's an appropriate cliche, "They can have my gun when they pull it from my cold, dead hands!"

Fight for your FREEDOM! It is slowly disappearing...

 

[MelodicMetalGod]

riccoh,

That update is both good and bad news and, perhaps most importantly, a reminder to all of us about the potentially devastating consequences of engaging in anger with other motorists.

It's good that you got a relatively light sentence. However, IMHO, it's bad that you got any sentence at all for simply defending yourself from an unwarranted attack.

Finally, it's just downright SCARY that the individual that you happened to be dealing with was essentially a career felon who apparently specializes in a assault. Had it been me, or any other unarmed rider, I wouldn't have had the means to stop the incident once he got within striking distance.

We should all take a moment to think about the "rage" moments that we've had on the road, justified or not, and think about what we're really risking to lash out at an individual that a) probably won't ever change their habits or concerns for others on the road and b) may just be perfectly happy to beat the sh!t out of us or even kill us.

riccoh, thankfully you came through this one in one piece and without too much legal pain, but it could have gone very wrong just as easily.

Folks, it just ain't worth the risk.

Be safe everybody.

 

[Procharger]

The only good law In Florida is if you feel threated you can pull the trigger.
Posted via Mobile Device

 

[Revlis]

Still think this rings of a Projekt style story... Reminds me of the Young scared girl he brought home a few years ago... Remember? Rain soaked, shivering, didn't speak any English?

That's what this reminds me of, or the legal system in Hawaii is powered by Rocket fuel. We've got JAG and a Lawyer and sentencing all wrapped up overnight, pending trial of a repeat car thief/blackjack wielding mad man? Fascinating.

I give the OP a 7 for originality, a 5 for thinking it through, and as English is not his native language, I'll even over look the lack of spelling and tragic grammar.

I'd consult with Projekt though, get some pointers on how to really spin a yarn.

But I'm saying...

 

[Projekt]

Still think this rings of a Projekt style story... Reminds me of the Young scared girl he brought home a few years ago... Remember? Rain soaked, shivering, didn't speak any English?

That's what this reminds me of, or the legal system in Hawaii is powered by Rocket fuel. We've got JAG and a Lawyer and sentencing all wrapped up overnight, pending trial of a repeat car thief/blackjack wielding mad man? Fascinating.

I give the OP a 7 for originality, a 5 for thinking it through, and as English is not his native language, I'll even over look the lack of spelling and tragic grammar.

I'd consult with Projekt though, get some pointers on how to really spin a yarn.

But I'm saying...

Thanks for the props!

 

[2busa]

Eye Am Day TooFairy... I would have cut his you know what off, stuck it in his mouf den find the guy laughing in the phone is day toof fairy is not done is the day is long and the wallets of address is keep climbing.... I'm so busy ham able lick tore.

 

[CrashBomb]

Wow...did you drink ALL the anti-freeze?

Do you want someone to call the Poison Control hotline?

 

[riccoh]

You really need to be tune to the hawaii leagal system, if is involving military will be speedy, there is crime here most of it petty, however, the gun control here is not in the public's favor and crimes involving weapons are really far few than anywhere in teh country or at least any state I lived in. There wasn't a trial in my case, and the parties involved on my side (JAG and my lawyer) were for mediation as I needed to appear to the court room to be the victim of a convicted felon on probation.
standard practice in hawaii is to appear if there crime is serious enough there is a posibility that you will be in prison pending trial. adn for that has to be a capital crime, not the case here. We have here a work release programs that repeated offender's are free to work during daylight and report back to jail upon completion of work schedule to provide for their families,
hereis the only place that you will see someone who killed 2 people driving under the influence of met and alcohol, received a 18 month provation,
another DUI arrest that killed a pedestrian was sentence to 6 months and restitution to the family for a total of 7k for the lose of life,
someone who stab his father was on parole only after 60 days in
someone that was arrested for violating a restraining order was released two hours later, and arrested again for killing his girlfriend.
and someone who killed a family's pet (a pig) got 5 years with out parole.

I fair good and will be at the board trial for the suspect and let this pass as a heck of experience for me. I can speek for others, but if the same thing were to happend again, there are a lot of things I can and would do different.

 

[SANDFLEA85]

If thats the case then you should have just shot and killed his dumb azz and then you would have probably gotten a medel???

remind me never to come to hawaii,sounds like a its run like a 3rd world country with no legal system the way you describe it

im calling BS on this one

 

[miserycaptain]

Yes I know, I have my CCW also. And we went through several different what ifs. It can definitely be argued either way, by drawing his weapon he stopped an immediate threat. Agian he was in fear for his life.

And I semi-quote BusaWizard "I was in fear for my life", these are the most important words you will utter in the court room in this case regardless of anything else you say! This is the one true defense that constitutes the use of deadly force with a CCW! Good luck.

 

[teamorion22]

It's called a CCW (Concealed Carry Weapon) because it's legal to be concealed. I have one, I took the classes and I have more than ample experience with the law in that regard. I'm not just making this stuff up, these are the laws, at least as they appear in Florida. You cannot brandish a weapon as a deterrent, period, it's just not going to fly. He would have been better off shooting the guy and claiming that he was in fear for his life.

Now in Florida, you can shoot a guy just for walking up with intent to cause bodily harm, assuming that the threat was real. However, we also have no retreat laws in place that do not require you to flee. In Hawaii, there is no such law to my knowledge. This means you have to attempt to flee the situation before drawing a weapon and discharging.

Bottom line, the laws may suck, but you can't just pretend they don't exist because they don't seem fair. His best hope is to find a sympathetic SA (state attorney) that is going to find this more trouble than it's worth. Especially since the supposed victim left the scene.

laws are the same here in oklahoma. i don't realize why this is so difficult for people to understand. if you want to do something about it the law must be changed.

 

[teamorion22]

i'm glad it worked out but your inconvience really sucks. no ccw for 6 months no big deal really. so i am sorry for your troubles but happy it wasnt worse

 

[Busa1166]

Sorry for your grief dude, I just ignore them when the close calls happen, just grab the tag an retaliate on their car anonymously that way everyone is happy an less of fuss. He wakes up probably still eating crap on the phone getting ready to drive like an ass hat again talking on the phone only to find his car with all the windows smashed an 4 flat tires.