This is going to hurt you more than it hurt me.
An intoxicated prisoner got frisky with me, and kicked me, twice.
Rather than striking the prisoner, or even using any pain-compliance techniques, I did what was necessary to:
A: Make sure I wasn't kicked again, and
B: Better secure the prisoner.
My initial reactions were: "Ouch." and "Matt, you need to watch out for those flying feet, boy."
Once the prisoner was put away and properly secured, I got to writing. I collected statements from all witnesses, including officers and nearby witnesses outside of law enforcement. I asked the prisoner why I had been kicked. "I don't like cops" was the answer.
I sent a probable cause affidavit over to the jail (it hadn't even been my prisoner), for the arresting officer (also a witness) to add to the growing list of charges.
The next day, I looked up the kicking prisoner, and found that the arraigning magistrate had found that there was certainly sufficient probable cause to set bond for Assault (On A Public Servant), a 3rd degree felony under Texas Penal Code 22.01(b)(1). Moreover, the judge had set bond for TWO offenses. Huh? Oh, yeah-- I was kicked twice.
Hope those kicks felt good to give. While I felt some significant pain at being kicked, I'm doubting that it hurt me as much as it's going to hurt a certain other party, at $10,000 bond per kick.
Labels: day at the office, drunks, dumb criminals
posted by Matt G @ 2:09 PM
15 Comments:
Felonies are so easy to get these days. Not saying you would do write it, but had he merely slapped you hand away in his drunken state he would have been guilty of the same thing.
Felony.
Bye bye voting and gun rights because he got drunk once.
This is why I don't drink, ever.
tee hee
Wow, $20K worth of kick for kicking you?
It's just THAT good.
AWESOME!
Bye bye voting and gun rights because he got drunk once.
I think the more correct version should read something to the effect of "....because he did something really really stupid while he was drunk once...".
If one can't exercise judgement in when one has and hasn't had an excessive amount of alcohol (simply being able to count the drinks one has had, and subtract what time one started drinking from what time it is now, then dividing the first number by the second, and realizing that if your answer is more than 1.0, you're probably at least a little impaired), then one probably shouldn't consume alcohol (esp. in public). But then again, plenty of people who don't drink (or aren't drunk) do stupid bad and downright mean things all the time.
People who act violent while drunk are showing their true nature.
Alcohol removes the inhibitions.
I'm not sure a felony charge is in order for the kicking but oh well he shouls have thought of that before he started.
Something tells me this guy already has a record.
Kilgor - I would suspect that had the drunken critter merely been throwing a tantrum and inadvertently kicked Officer G, he might not have been hit with two counts of felony assault. However, it looked like he wanted to get his licks in. In either case, one must be responsible for where one's feet fly.
This guy probably does have a record and I have no problem with Matt throwing the book at him. It's the book that needs some changes... Matt certainly doesn't deserve to be battered while doing his job.
However, who here thinks the guy should be a FELON for a couple of kicks? You really think this guy deserves a couple of felony's on his record for that?
Felonies used to mean a SERIOUS crime. The fact that Matt didn't have to taze/spray/beat the guy tells me that he wasn't a serious threat.
He really deserves a minimum of FOUR YEARS for a couple of kicks that weren't severe enough to disable the officer? I'm all for being tough on criminals where it makes sense, but come on.
I wish our Magistrates worked like that... around here he might have had bail set at about $1500 plus sober, tops.
Yeah, he was charged with two counts of a third degree felony, but I'd assume the great state of texas is probably as backed up as any other state regarding court dockets. Cases like this are the first ones that get plead down to misdemeanors, often with a slap on the wrist, a fine, and probably double digits of community service. Possibly even some sort of court mandated behavioural therapy (read: anger management).
He was charged with two class three felonies, which does make it harder to bond out, for sure, but the chances that he'll actually end up suffering any actual punishment from the felonies, outside of the high initial bonds, is slim. The DA will read the reports, and plead him down to something like simple assault or aggassault faster than you can say "Moar Donuts plz."
ouch.
Jason, I'll take that bet.
When the magistrate expands a single charge to two charges, he's sending a message to the D.A. Also, the D.A.s don't like much to turn down dead-bang assault on peace officer cases-- it pisses off the very guys that are handing them cases and doing all the legwork and much of the casework for them. What will happen (you just wait and see) is, the two cases will get filed, put on the docket, and the DA will offer to drop one of the cases as a Plea In Bar, in exchange for the actor pleaing guilty to the other charge. Whether or not the actor does any more jail time is up in the air (given the other charges, I'd say that it's a DISTINCT probability), but there will --not maybe-- be a conviction on at least one kick. Seriously, I put in a 4 page officer supplemental report, and took other people's witness statements. This person's toast.
Be glad you are in Texas, and not here in LA.....that would not have even been filed as a misdemeanor assault against a peace officer here.....
You have to have significant injuries before the filing DA will even LOOK at it
Wow. Deputy PolarBear, I was all set to correct yoiu with CA Penal Code Sec. 243 (c)(2), but then noticed that it only worked for cops working off-duty as a security officer. It seems that any time that a person causes bodily injury to a cop in uniform, doing his duty (243(c)(1)), that person commits a mere misdemeanor.
This, of course, invites cops to retaliate on the scene.
I did not do so, knowing that I had a dead-bang felony case. As such, I knew that if I kept my cool, I would see the indictment for my injury. This subject attacked me, and I did NOT attack back. What could be better, for law and order? :)
Y'all have some sucky laws.
Kilgor-- if I was merely inconvenienced by the thing, I probably would just have drawn up a Probable Cause affidavit for Resisting Arrest Transportation, or Seizure, a Class A Misdemeanor. Unhappily, however, a foolish intake DA told me that all Resisting Arrest charges had to include assault on the officer (this is patently NOT true, as I have read the case law on it. It just says that passive resistance (refusing to give one's hands) doesn't count as Resisting Arrest)), to which I responded, "Why wouldn't I then charge Assault On A Public Servant?", to which she replied, "Exactly."
So, because my assistant DA has encouraged me to charge to the fullest extent of the law, and because I felt more pain than I should have to during (and because of) the performance of my duties, I wrote the P.C. affidavit for the felony. Hey-- it was the magistrate who doubled it. :)
Don't get me wrong, I'd LIKE to see him serve the entirety of both charges. I'm just saying that, based on our current legal system crisis here in Knoxvegas, that most PD's are looking to plead whatever they can, and the DA's and ADA's aren't any less overwhlemed. There are plenty of murders, rapes, and other assorted nastiness that they want/need to be able to spend time with, that they'd plead something like a drunken tantrum down just to clear a case.
Definately keep us informed though. If you're right, I'll mail you a gift certificate for a dozen Krispy Kremes :)
Kilgor,
"He really deserves a minimum of FOUR YEARS for a couple of kicks that weren't severe enough to disable the officer? I'm all for being tough on criminals where it makes sense, but come on."
This is a person who chooses to solve his problems with violence. Not in self defense, but in attacking one of the people who is supposed to protect us from violent people.
I have no problem with the criminal justice system being used to keep violent people off the streets. I think they should even make a habit out of it.
If Matt were to retaliate in kind, is that the right message to send?
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