my son was arrested and charged with obstruction of an officer however he ran when the police stopped him ?
he was afraid that he may have had a warrant for a ticket he did not pay for a car accident but he did lay down on the ground after he realized what he was doing and held his hands out was saying sorry about but he was just scared so he ran and told the police that he was sorry but he was just scared and they told him to shut up and hit him in the head with the gun 4 times and punched him in his face and even though he was not resisting at this time they beat him anyway and we have witnesses that will testify do we have a case of forceful behavior by the officer so we can have the charges dropped and if not what would be the penalty that he would be facing and what type of time would he face or is it just a fine that he would face. He has never been in trouble before?
Casper2009-01-24T08:23:53Z
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There's always 2 sides to a story and obviously you have only heard your son's. Being an ex Police Officer I can relate to your story but there are a lot of pieces missing. What time of day did this incident occur and where did it occur? Was it in a residential, commercial, or industrial area? Was he on foot or in a vehicle and was he alone? Why was he there and what was he doing? A lot of questions I know, but if you haven't already, you need to ask your son these questions. I don't believe your son has told you the whole story. Being a Police Officer for 28 years I don't deny that I've used force but only when necessary. How much force was used depended on how aggressive the suspect was. Force was met with force and how ever much was required to restrain the suspect. I have to say that I was involved in some very violent situations with offenders but I never hit anyone in the head with my gun once let alone 4 times and then continue to punch them in the face! To be hit in the head with a heavy metal object repeatedly would have to do some serious damage which would require medical attention and more than likely your son would have received stitches. Did he receive medical help? What injuries did he sustain to the head and did you see them? If the Police did do what your son alleges, I would suggest that he didn't just run and then hold out his hands. He must have put up some type of fight and resisted them violently and aggressively. Was he armed with any type of weapon and did he threaten the police with it? Had he been drinking or taking drugs? Alcohol and drugs can drastically change a persons peronality if they feel threatened. I realise it sounds like I'm taking the side of the Police but I'm not. I'm trying to give you a bit of an insight into how the courts look at such an incident. If what your son alleges is the truth and he wasn't doing anything wrong then he hasn't anything to worry about and the courts will come down very heavily on the Police involved. If he is lying, he's in a lot of trouble and the courts don't take it lightly on the offender when the Police are required to use such force to restrain him. It indicates the violence and aggressiveness that the Police were confronted with at the time. As for the witnesses, are they friends of your son or independant? If they are friends their evidence doesn't hold much weight unless it is obvious that the Police were using excessive force. You really need to sit down with your son and have deep and meaningful with him and get the whole story. As said, I'm not taking the side of the Police, I'm retired and it doesn't affect me either way but it's the copper that's still in me that can see there's is a lot more to the incident than your son is telling you. All the questions I asked in the beginning are very very relevant. If your son was in a commercial area (shops) at 4 in the morning parked in a car with friends across the road from a 24 hour take away and the Police approach them and your son runs, why? I'm not saying that's what happened but it's a scenario and one of the things you need to find out. Good luck and I hope you will take my comments as advice and not criticism of your son.
For starters, you stated he already had a warrant for his arrest because of an auto accident. Having a warrant is a crime and it's not something taken lightly by the legal system and is always in forced. It's sounds as though he didn't appear in court or pay fines acquired by the accident. If he was not sure he should have gone to the court house to clear this up as soon as possible. So in essence he has a past, even though it may have been a misdemeanor. As far as running from the officer's, you don't do that either. Cops get very uneasy and are unsure of the person's actions after they run. And are trained to stop any further aggression. As far as having a case I would say yes. You will need a good lawyer to help your son. How credible are his witnesses? Were they little hoodlums on the street corner, or Grandma Jones down the street? Did the officers hit him after he was cuffed? Was he hit with a gun? And if yes why? Unless he was packing heat or showing a knife himself the officers should not even of had there guns drawn him. So, you do have a case but you need to take some time and get some basic questions answers for sure.
I always like the part about, he has never been in trouble before attitude. (Heart wrenching) If that is true, what was the car accident and non payment then? Plus a warrant for it all? Must have been a mistaken identity thing that might go away if he slept on it? You say they then hit him in the head with a gun 4 times? Sure it was not a flash light or a baton? Once an officer draws a weapon, he is going to use it, but not to hit someone with it? If you have witnessess and are truthful in what you say, contact an attorney about what rights he has once he says " I GIVE UP?" I would say he is now in deep trouble for a warrant, failure to comply with an order by an officer to stop, felony flight from the scene and resisting arrest.
First of all, shooting someone in the leg only happens in the movies. We do not train to use our service weapon to slow someone down or make them stop running. To shoot someone means to stop them; permanently. A service weapon is not a tool to slow someone down; it is to end the situation. Second, the state in which this occurred is important to note. In Texas, it is perfectly legal to shoot an unarmed man if there is reason to believe he is stealing property. Third, the term "totality of circumstances" comes into play. Burglary is classified as a serious felony. People get raped, murdered, and kidnapped in burglaries. The home is the castle; anyone who invades it is capable of anything. The law has a special term for "fleeing felon." If a person demonstrates that he is capable of serious felonies, including burglary, that person is a serious threat to society. Since burlgars often carry weapons, it is reasonable to assume the fleeing felon is carrying a weapon or WAS carrying a weapon. In which case, it is legal to shoot the fleeing suspect, EVEN IF HE IS NO LONGER ARMED OR WAS NEVER ARMED IN THE FIRST PLACE. It is the law. This law was not created by police; it was created by frightened citizens. It is a good law. On a less formal note: Would you be happy with a burglar prowling around your neighborhood at night? It's not like it happened a week ago; the cop saw the guy committing the crime or soon afterwards. The burglar ran away expressing his guilt. Do you really want this guy in your neighborhood?
Your son will go to jail. It's never okay to run from police for any reason. This is not a new concept.
As far as the beating, good luck with the witnesses. There is a very low percentage of success for suing a police department for brutality.
The lesson is, don't run from the police, don't have outstanding warrants, and don't get in accidents, especially if you haven't resolved the previous accident.