Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
I am very sorry to hear about your unfortunate situation.
Were you ever approached by this police sergeant or was this the only incident that you ever had with him?
Are you still online?
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.
Thank you for your follow up.
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?
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?
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.
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.
While I understand how this entire situation is making you upset, most people would not willingly admit to making physical threats or being unprofessional.
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".
Please let me know if it makes sense?
I understand, but a report / testimony from a 9 year old would not hold much legal weight for several reasons:
1) Child can be easily influenced / coached by the parent.
2) Child is simply too young to have independent judgment and also is not old enough to testify under oath.
The child was not told it was a poicer officer.
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.
What about the police call? Why call the police? Someone threatened ME!!!
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.
Also, police did document your report, so the incident is documented.
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.
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.
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.
Do you have any related follow up questions?
I am very sorry to give you this unpleasant news.
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.
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.
This guy sucks, and I hope he doesn't keep his promise to hurt me:( Scary situation...
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.
Does this make sense?
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.
Thank you and GOD bless you.