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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111468
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband was accused of hurting a neighbors child. The

Customer Question

My husband was accused of hurting a neighbors child. The child was running from my home after trying to break a window with rocks knowing my 2 year old was looking out of it. My husband opened the door and the child took off running, jumped over a large electric box across the street, and landed on his side , face , arm. He asked if was ok and once he got near him, the child started to attack him. He picked him up and he was attacked more. He held him around the waist and attempted to bring him to his home. As he approached the road he put him down but held his wrist so he didn't run away again and could get him back to his home. The grandmother came out as they approached the end of his road - yet filed a report saying she saw him throwing him down and dragging him which was 2 roads over. There are witnesses that she was NOT there. Later that day, The police were seen driving around and even slowed down and looked at my husband and children walking from the park. Later that day, The police were seen driving throughout our development and even slowed down and looked at my husband and children walking to the park. 10 am this morning, my husband had my 2 year old on the porch outside and my 2 other children were inside. I woke heading banging on the side door. An officer asked where my husband was. I said I just woke up I think in the house. Then he bolted back out the door as another officer had taken my husband off the porch, KNOWING my baby was on the porch in HIS care - put him in handcuffs and left my daughter alone. I had NO idea she was out there, as I was on the opposite site of the house asking why he was being arrested. I was told to back up and I would be spoken to,. I stood in the side entry door waiting, and my husband asked both officers over and over 'why am I being arrested' and he was told 'You do not need to know that now' so my husband yelled to me ' they wont tell me why im being arrested'. So, I waited in the doorway for the officer to tell me what was going on, and he got back in his car and sped off and the other car sped off with my husband. I went inside and sat right down to call the neighbors who witnessed everything the day prior, THINKING my kids were protected from what just happened. Then I hear my step-son scream to me 'Rosalie's screaming in the road'. The officer arrested my husband, KNOWING that he was with a 2 year old, failed to protect her or mention she was on the porch to the other officer, never once addressed me and had me move away to talk to me after. He Purposely left and had no concern for the child. There was no fighting, no resistance, no arguments. This was gross negligence or reckless endangerment of a minor child, who is just starting to recover being her dad was in Missouri for 8 months with his parents and went thru terrible separation issues and is being treated for such even now She has been showing the same signs again, screaming and hiding and looking for him, being for the past 2 months he is the careprovider and I am working This is so she can hopefully heal from the separation trauma. The ride to the police station, he asked them again, 'So you wont tell me why Im being arrested' and the driver said 'You don't need to know yet'. NEVER was he questioned about the incident prior to them arresting him, however I was told by the officer later today that they interviewed neighbors and they purposily did not stop at my home. I told the officer my stepson was the ONLY person to have a full view of the events and they refused to take his statement. They also told me I had no right to put a complaint on file for the child physically harming my daughter and attemptng to seriously injure her, nor all of the vandalism he has caused over the past week. They also failed to talk to the main office of our complex who have numerous complaints on file as this child is violent and destructve and is running around at 9 years of age at 12 at night and has snuck into my home and taken food from my freezer. Lastly, the accusation says that he incurred bruising and cuts and soreness after he was thrown down 2 times. They took a violent childs statement but never bothered to speak to the key witness nor my husband. I do have legal aid being given to us, but I need advise on everything that occured as well as if I should speak to the civil liberties union. Once the court date is held, I feel confident I can EASILY have both the child and the grandmother charged with defamaton of character she has been telling everyone lies , purgery, filing a false report and child neglect being the child is in HER care and he is out from 10am until very very late doing these horrible crimes. Is there a law that says I have the right to file a complaint regarding all of the other issues we have been having with him? not the same case . If I do, and they are still refusing to take it - what do i do???
Submitted: 4 months ago.
Category: Criminal Law
Customer: replied 4 months ago.
As a background: This child has numerous complaints on file at the complex's main office from trespassing, attempting to deface property, damaging property and violence. The officer refused to speak with the main office regarding these issues. He also refused to allow my step-son to put a witness statement in and informed me I had no rights to put ANY complaint or report in regarding ANY of the following:(All of these items that happened had ADULT witnesses and children witnesses as well as MYSELF within the last 2 days and prior). The child was spoken to NUMEROUS times by myself, my husband and the witness ADULT neighbors.
1. Destruction of my property (fence, roof, childrens toys, damage to doors, cracked window)
2. Purposily smashing my 2 year old in the head with a football
3. Purposily attempting to break a glass window after he noticed the 2 year old knocking on it.
4. Purposily damaging my home on SEVERAL occassionals and harassing my family by ringing the doorbell for up to 10 minutes on and off at a time, waking my daughter up even after I answered the door and told him to stop.
5. Entering my home without permission and taking food.
6. Entering our garage and taking and damaging tools.
7. Climbing on my shed roof in front of ADULT witnesses and tearing shingles off.
8. Smashing my son with a branch, football and rocks on multiple occassions.
9. Treaspassing over fencing directly after we clearly stated he was not to come on our property again.I was told if its not reported the same day too bad, and that he did not care who saw the actual events, the investigation was closed after he spoke to who HE wanted to
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is the problem with society today, people protect criminal behavior and reward it and punish those who try to stop it. The problem here is that when people commit acts like this criminal did on your home, you need to call the police right then and there and report it and follow through with criminal charges. Now, at this point you have proof of all these acts and you are going to have to take them to court, because the officer's job is not to make your case in his defense, it is up to your husband and his attorney to do so and it is up to the judge to decide.
So you need to put witnesses together about this little criminal and you need to also put together a case that lying grandma could not have seen what she claims to have seen (a good attorney will make her get confused with her testimony and prove that she is lying) and you need to take it to court.
In the future if this criminal does anything at all, you need to call the police on him and follow through with filing criminal charges though.