Published at: 11:03 pm - Wednesday March 10 2010
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 All Roads Lead Home (2008)
IMDB rating: 6.20
Plot: The story is about a 12 year old girl who loses her mother in an automobile accident. Her father struggles with the loss of his wife and trying to raise his young daughter who believes her father is partly responsible for her mother’s death. Belle’s maternal grandfather is a changed man since losing his daughter in the accident. He finds it difficult to have a relationship with Belle since she is a constant reminder of her mother. It is Atticus the new puppy who will change Belle’s life and the lives of those who love her.
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Directors: Fallon Dennis
Actors: Coyote Peter,London Jason,Boyle Peter,Oswalt Patton,Parke Evan,Coppage Walter,Kayser Allan,Heinrich Bruce,Rector Hank,Backer Joe,Crawford Brent,Fellin Jeffrey,Drama,Family,
Can a cop charge you with felony Batterry on a LEO for injurying himself when tackling you to the ground?
Simplified Police Report: "The victim stated that she came home on 01/08/2010 to find her brother **** (suspect arrested) acting irrational and yelling. She stated that he began throwing items in the house. -(notice the officer leaves out the critical point that I’m drunk to make me look like a bad person that does these kinds of things all the time when I’m sober i guess.)- She confronted him at the front door and told him to leave." -(She’s 24 and is not the owner of the house btw and she pays no rent so she has no authority to kick me out even if it was justified. I did need to leave to cool down and would have left, but it was 2am and very cold so it was I thought it was best to stay home and sober up and that’s exactly what I think I meant and would have done any other time I was drunk. I’ve never been on this level b4. I have no idea what got in to me and why I was acting the way I was.)-"The victim stated that she attempted to MOVE -(She obviously put her hands on me first so there goes the D.V. charge)- him to the front door, the suspect turned and shoved the victim away from him with the back of his arm. The victim stated that the suspect came home with damage to his car and entered the house yelling obscenities. The victim advised that she did NOT sustain any injuries from the suspect pushing her, and she did NOT need medical attention.
Myself and officer **** entered the residence and located the suspect sitting on the couch. As soon as the suspect noticed us, he stated, "oh you called the f**king cops!?" At this point we approached the suspect and asked him to walk outside and talk with us about what had happened. The suspect clinched his fists into a ball and looked straight ahead. When myself and my partner offered to HELP the suspect stand up off the couch, he began to resist our efforts to stand him up. At this point, the suspect was placed into handcuffs for our safety as well as his own. The suspect was led outside the home to my partner’s patrol car. On our way to the car the suspect was yelling "you f**king cops, oink, oink, oink, f**king pigs." -(I think I struck a nerve)-While myself and my partner attempted to place the suspect in the back of the patrol car, the suspect tried to walk backwards from the car, Myself and my partner attempted to lean the suspect back up against the patrol car, he then raised his head and began to actively resist us in an attempt to evade our control. -(remember, I’m super drunk so I don’t know what the hell is going on)- At this point, the suspect was redirected to the ground. During the altercation, I LANDED ON MY RIGHT KNEE and RECEIVED A SMALL ABRASION FROM THE ASPHALT. The suspect was then placed into the back of my partners patrol car where he appeared to calm down-( in other words, sober up. This is where I began to get my memory back. Up until this point, I don’t remember anything)- ***** County Fire Rescue Station ** responded…. and transported the suspect to…… The suspect did not sustain any injuries from the confrontation. -(I did receive some pretty nasty road rash on my right shoulder from when they threw me to the ground, in handcuffs, but didn’t notice it until I was in jail, sober. I took pictures of rash and will show them to the judge and jury.)-…… I observed no injuries to the victim’s person, and she declined any medical treatment…." He goes on to say other unrelated things and that I was transported to the jail without further incident-(I was sober and in my usual state of mind by then)-
Charges:1. Domestic Violence, 2. Resisting arrest with violence, 3. Battery on a L.E.O.
My sister and I are good friends and haven’t gotten physical with each other since we were kids, you know typical sibling kid stuff. She told me she isn’t pressing charges btw. I think underage drinking and resisting w/o violence would have been more than enough but I can’t and won’t be accused of a FELONY I know I’m not guilty of. Battery makes it sound like I intentionally did harm to an officer while in handcuffs. I’m not a violent person when sober or even drunk, and have no misdemeanor or felony adult record to prove that. And please don’t reply if you’re going to tell me I shouldn’t be drinking and how dumb i was acting. I have some good times with friends at parties occasionally but I’m not a drunk and don’t really like drinking. The only mistake I made was drinking too much, everything else was out of my control. I guess it was the type of liquor I was drinking that made me act this way idk but I’ve NEVER acted out like this no matter how drunk I’ve gotten in the past. I learned my lesson and don’t mess with the hard liquor anymore and thats what really matters. The question is, based on what I did and didn’t do, do you think the state has a case? Do you think they’ll stick in court based on the report and my history? I need some advice on what to do to get these dropped, not criticism I’m pleading NOT GUILTY btw, thx
Most of what nomad said I agree with except the part where he said you "hit" your sister and she has the right to use unreasonable means to move you. It did not say that in the report nomad, maybe you should check your eyes. She doesn’t have any right to move you or even touch you unless you put your hands on her first even if she owns the place unless of course you don’t live there and I think that’s what he thought. She "moved" him which is the same as pushing him, or anything else in the laws eyes, which would then give him the right to push or "shove" her back, which it says he did, in self defense. What she should have done was stayed out of your way until the cops got there and let them handle it although I don’t blame her for doing what she did. Instead she chose to instigate the whole thing further by pushing or "moving" an already drunk, irrational, and incoherent person to the door which stirred things up even more. And she has no right to kick you out of the house if her name isn’t on the lease. In most states, she has to go through the courts the legal way and serve you an eviction notice which would then give you 30 days to move out, and that’s if she owned the house, but you say she doesn’t even pay rent. I don’t know what state you live in du nomad, but I never want to live there. Michael, you said she isn’t pressing charges so none of that matters anyway unless the state picks it up, and trust me, with your clean history, they won’t bother with that minor incident. They’ll drop the felony too and you’ll prob get off with only the resisting without.
I’m sure these guys haven’t been that drunk but I know I have and I know exactly how you feel and what you’re going through. I was in the almost exact situation once. Everything was out of your control. You basically just woke up in jail. It happens which is why you have to be responsible with your liquor. You could have killed someone and wouldn’t even know it!
mbc | Jan 25, 2010
You can not use you were too drunk to know what you were doing as a defense. Since you got intoxicated voluntarily you are at fault. The fact that you are trying to reason with the police report with what you think happened leads me to believe you really do remember what happened.
As far as what happens in court is simply dependent on the state’s attorney. Given your prior history, they might choose to drop the charges to misdemeanors.
miles | Jan 24, 2010
First, police don’t charge offenses. Only the District Attorney can decide what criminal charges are filed. The "charges" listed in the police report are what the officer recommends the charges be. The DA will review the police report and make a decision. Some DA’s go entirely with what the report suggests, while others may not.
Second, you seem to repeatedly use the excuse "I was drunk" to justify your actions. News flash: that don’t work. You chose to drink enough to impair your judgment, so you’re still responsible for your actions. I’m not saying you’re a drunk, just that you have to be aware that you will be held accountable for your actions.
Third, just because the victim doesn’t pay rent doesn’t mean she didn’t have the authority to kick you out. If she’s living there, she has that right. Period.
Fourth, she also had the legal right to use reasonable means of removing you from the premises if you refused. That includes "moving" you. And her placing her hands on you does not give you license to hit her. You may only use reasonable force in self defense.
Fifth, if you resist police officers, then YES you are responsible if they suffer any injuries incurred as a result of your resisting. If the officer gets hurt while taking you down (as long as the take-down was justified) then you are responsible for that injury.
What you’re going to want to do is wait and see what the DA charges you with, then discuss your options with your attorney. Whether or not the charges stick will depend entirely on the evidence available (police reports aren’t evidence, btw, although the police officer’s testimony will be), the skill of the attorneys involved, and who the judge/jury believes.
du nomad | Jan 24, 2010