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Could this be happening? A man's nightmare made real

Discussion in 'Cop Talk' started by ronduke, Nov 20, 2011.

  1. ronduke


    Jan 24, 2007
  2. Atomic Punk

    Atomic Punk

    Mar 11, 2008
    that is a very scary story.

  3. So glad he was able to prove his innocence beyond doubt. She should be prosecuted to the fullest extent.
  4. Dukeboy01

    Dukeboy01 Pretty Ladies!

    Apr 30, 2000
    Lexington, KY
    I guess things work differently out in California. As horrible as her story and her injuries were, we wouldn't charge around here just based on her say- so. That's really all they ever had.
    Last edited: Nov 20, 2011
  5. razdog76

    razdog76 Heavy Mettle

    Sep 26, 2007
    As Dukeboy01 pointed out, there is little to go on but the victim's word.

    No mention of any medical evidence to substantiate the assault with a wooden coat hanger? No physical injury to the suspect after a scuffle, not even a red mark after a short time?

    From the article, the investigator didn't seem to ask about an alibi. I like to ask because it locks an offender to one story, and with any luck can be verified.
  6. Sharky7

    Sharky7 Boomshakalaka

    Feb 21, 2009
    Yeah, we would not just charge and arrest on word alone without doing any follow up investigation. Can't really go into all the steps I would take on an open forum, but i would get some warrants and subpoenas. Also, I would try my first/preliminary interview with the suspect before arrest.

    There is a law in Illinois though that victims or alledged victims of a sexual crime can not be given a lie detector. Not sure I put all too much faith in those results anyways.
  7. merlynusn


    Nov 16, 2007
    You guys wouldn't lock him up within an hour of that assault? If I got to the hospital and I saw that victim, you can bet he'd be in jail. He lives out of state and is flying out that afternoon with his and the "victim's" son. It isn't like it's a stranger. She stated "This guy did this, he's my son's father." I'm not saying that we wouldn't do any follow up investigation, but we'd be doing it with him in jail. And who would believe that a woman would do that to herself?

    How do you charge on a robbery? Same thing, it's only the victim's word. How do you charge on a domestic assault? Again, only the victim's word.

    Is this one of my worst fears? Absolutely. I know how vindictive people can get and I always hate domestic warrants because I don't know how much is the victim lying about it just to get the other party in trouble.
  8. pulaskipusher

    pulaskipusher Topodaworldma!

    May 1, 2007
    North Idaho
    Wow. I've said it before and I'll say it again, thank God my ex is not that crazy.
  9. Sam Spade

    Sam Spade Staff Member Lifetime Member

    May 4, 2003
    You're saying that an accusation equals probable cause. That's not so, at least not here.
  10. Mayhem like Me

    Mayhem like Me Semper Paratus

    Mar 13, 2001
    Not a chance
    It this case plenty of probable cause existed for an arrest...
    Just saying we have a victim/ eyewitness positively ID the guy, injuries consistant with the story ... an Arrest would be made, not sure if would be indicted without some other evidence.

    This would be considered a Domestic Violence case and a must/shall arrest since they have a child together.
  11. Sharky7

    Sharky7 Boomshakalaka

    Feb 21, 2009
    Some of the red flags would have popped up almost right away. The emergecy room exam showed no internal bruising or lacerations in the anus or ******. That would have popped up within the first few hours of my investigation that would have me looking from every angle. I'm betting she has a history of mental illness, especially considering the suicide threats later on in the story.

    I'm never a big fan of putting out a warrant or making an arrest without at least attempting to interview the suspect. This is a biggie here too - attempted murder. Again - there's a few other things that can be done immediately that may help disprove, but not comfortable talking about in on an open forum. I already believe some of the crime shows reveal too much info. If flight is a real risk or immediate danger of another is risk though you have to make a decision quick. Probably way more information that we have access to that led to the decision. News stories are always sensationally written and not always accurate with all the details.
  12. clancy


    Feb 16, 2011
    Mine is. I hope she doesn't read about this and get any ideas.
  13. razdog76

    razdog76 Heavy Mettle

    Sep 26, 2007
    Immediately, I can think of four things I would be looking at before trying to make a field arrest, and the Prosecutor's Office would NEVER give a warrant on the sole basis of what the "victim" says.

    If that was the only thing they had, and for some miraculous reason they did want to do something with the case, it would be presented before the Grand Jury first. That way if it is no billed then they wash their hands off it until some other evidence is obtained. If an indictment was returned, then we go serve it.
  14. blastfact


    Aug 15, 2011
    My x-wife was almost as crazy. While I was never jailed over her lies. I spent years in a living hell. And in the long run she ruined our daughter. She taught our daughter to lie, cheat and use the system. In the end the x died of heat stroke. Thousands of dollars wasted in the court system and our daughter is now a confused messed up mess.

    I have no respect for the system nor the minions.
    Last edited: Nov 21, 2011
  15. Newcop761

    Newcop761 CLM

    Jan 29, 2001
    In Existential Crisis
    Minions. That's classy, a full notch up from gestapo. :upeyes:
  16. Ehh well it's coming from a guy who admits he failed as a parent. You just have to take things in perspective.
  17. Cochese

    Cochese Most mackinest CLM

    Jun 30, 2004
    Unmarked Rustbox
    Oh snap!!!
  18. EMTCOP


    Jun 30, 2008
  19. Pepper45


    Jun 15, 2006
    You owe me a keyboard. I don't think Dr.Pepper helps their function in the long run.
  20. Procedurally handled correctly, but West is one sick puppy...:wow: