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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12926
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Just this last April 4th someone threatened to kick my ass

Resolved Question:

Just this last April 4th someone threatened to kick my ass and called me a F___ing Bitch. Because my son turned his bike around in his driveway. We reported the incident to the local police force and it came to our attention that the perpetrator was a police officer (sergent.) They assured they would discipline him, but we have not heard of this happening. We have been in contact and met with the police luitenant doing the investigation and he told us nothing criminal took place(they asked the DA he said) but the officer would be punished for cussing me out. What sucks is that they do not acknowledge his threats and his actions by approaching me after he got out of his truck and telling me what he was going to do. My 9 year old saw and heard everything and they did not take his statement. It's obvious they are sweeping this under the carpet and protecting their own. I feel unsafe considering this psycho lives three blocks away and is a police sergent. I made it perfectly clear to the police of my concerns and all they did was send a letter after the initial visit stating that the investigation was on-going. My husband called and spoke with the investigator and that's when he said they could not disclose the type of discipline he would get but he would get some. I need some advice! Sincerely, Angela
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am very sorry to hear about your unfortunate situation.

Alex Esquire :

Are you online with me?

Customer:

Yes.

Alex Esquire :

Were you ever approached by this police sergeant or was this the only incident that you ever had with him?

Alex Esquire :

Are you still online?

Customer:

At the time of the incident I did not know he was a police officer. My son and I were out and the threat was made. I reported it by calling the police department. An officer was dispatched to our house and I told him that this person threatened me and approached me. My husband was describing the residence and the officer taking the complaint imediatlely knew who we were talkng about. ( V-W Bug enthusiast) The officer asked us to step outside to get away from out kids and told us that he thought it was a fellow deputy. The incedent happened on April 4th, I filed a report April 5th. Nothing has been done to hold this guy accountable.

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

Was there any type of video / audio recording of the threat that was made by this officer? Any witnesses aside from your 9 year old son, who would be too young to be a witness in such case?

Customer:

I am not sure of any other witnesses. Why is it that a 9 yr. old can not be a witness to his mother being threatened?

Alex Esquire :

In most cases a testimony of a 9 year old would not be permitted, since the child under 12 is considered to bee too young and lacking independent judgment and intelligence to testify in court.

Alex Esquire :

Basically, the only thing that you can do is to keep on pursuing your complaint with the police department and also you can contact the local prosecutor's office to see if the prosecutor can look into this matter.

Alex Esquire :

While I understand how this entire situation is making you upset, most people would not willingly admit to making physical threats or being unprofessional.

Customer:

When the detective came over to our house he was told by my 9 yr. old son that this "Man" got out of his vehicle and told me that he was " Going to Kick MY Ass".

Alex Esquire :

Please let me know if it makes sense?

Alex Esquire :

I understand, but a report / testimony from a 9 year old would not hold much legal weight for several reasons:

Alex Esquire :

1) Child can be easily influenced / coached by the parent.

Alex Esquire :

2) Child is simply too young to have independent judgment and also is not old enough to testify under oath.

Customer:

The child was not told it was a poicer officer.

Alex Esquire :

I understand and I believe you completely, but I am simply explaining the law and why minor children under 12, generally do not make witnesses.

Customer:

What about the police call? Why call the police? Someone threatened ME!!!

Alex Esquire :

I completely understand, but keep in mind that police officers who respond to the report, do have to investigate the report and take action upon their investigation and based on facts and evidence and not simply based on what one person says that the other one did.

Alex Esquire :

Also, police did document your report, so the incident is documented.

Alex Esquire :

Basically, if you feel that the internal police investigation is improper or biased, then you can contact your local prosecutor and they will review this matter.

Alex Esquire :

I understand that you are very upset about this situation, however unfortunately police and prosecutors do have a lot of discretion when it comes to arresting or charging and pursuing criminal charges.

Alex Esquire :

Also, if this police sergeant ever approached you in a threatening manner again, you can document such incident and also file a petition with the local court for a restraining order.

Alex Esquire :

Do you have any related follow up questions?

Customer:

Wow:(

Alex Esquire :

I am very sorry to give you this unpleasant news.

Alex Esquire :

But please understand that in a situation when to people get into an altercation, often time it is one person's word against the other and the police has to sort things out and document things, before taking any action against anyone involved.

Alex Esquire :

In any case, your complaint and report will stay on this Sergeant's employment file and if it happens again, you would have more leverage to address the situation, based on this prior complaint.

Customer:

This guy sucks, and I hope he doesn't keep his promise to hurt me:( Scary situation...

Alex Esquire :

I understand, but hopefully he learned his lesson and knows that you would not hesitate to report him and you are not intimidated by him and it is not worth for him to ruin his career by doing something illegal or simply stupid.

Alex Esquire :

Does this make sense?

Alex Esquire :

In any case, it would be a good idea to record with your cell phone any future encounter with the Sergeant, if you ever come into another contact with him.

Customer:

Thanks

Alex Esquire :

Thank you and GOD bless you.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12926
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you

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