update on my court case

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jomatty
8/29/08 9:38:42AM
they threw it out!!! for those that dont know the details this was an assault and battery case that i got from punching someone through a window a couple of weeks ago.

the prosecuter was being fair but said that he had no choice but to prosecute it because he had a witness and the guy that took out the charges had given a statement that he could use. the guy i hit however was told by friends of his how he was acting and how many times he tracked me down to start stuff and he asked to withdraw the charges. the prosecuter said he still could not do that given the evidence. he said that since i had used a weapon (the window) that i was likely to get some jail time. he offered me a plea of a week in jail and i turned it down. eventually we reached an agreement that i would do 15 hours of community service, they would give me a long suspended sentence and we would be done with it. after agreeing to this i gave him one last little speach and told him something along the lines of "this guy said the most horrible things imaginable and kept tracking me down after i walked away on numerous time. he then initiated the physical contact. I realize that you have to take the evidence that you have that says i put him in a head lock and ran his head through the window, but understand that it is not true and that anyone that is telling you that it is should be looked at very carefully.. i have a young son and work 6 days a week and cannot take a chance of even a short jail sentence. im grateful for the deal and am taking it but understand that the information you have is inaccurate."

so i dont expect anything to come of this but felt better getting it off my chest. i show up for court and see him and he asks if we are good and i tell him yes. court is scheduled for 9 am and this is at about 5 minutes till. he looks a little nervous to me though and like he is thinking about somehting. he then comes back to me and asks if i see the witnesses. i tell him that i see the guy i hit but not the bouncer who is the other witness. he says he never spoke to the guy in person and doesnt know what he looks like. he then says if the guy doesnt show up i may want to change my mind about the plea. i tell him that i didnt bring my witnesses since we have a plea and that i cant really mount a defence without them. he says ok, i will call your case first and that way you dont have to wait around. im kinda bummed and wished i had my witnesses but i had said id take the deal and planned on honoring that. he tells the judge that he can resolve my case first and i am called first off at 9 am prompt. he asks for the witnesses and only one comes up. he still looks to me like he is deciding what to do and unsure. he then tells the judge that a material witness did not show up (which he already knew as i told him) and because of that the commonwealth has decided not to prosecute the case. the judge tells me that i have decided to act as my own attorney and asks if i have any objections. no i do not. he tells me i am free to go and it is over just like that.

it was such a crazy surprise. i think he truly just decided to do what he thought was the right thing, and just needed to find and excuse for himself. i couldnt believe that he was nice enough to call the case very first thing when he knew the witness wasnt there instead of waiting for the judge to call the case and giving teh witness a chance to show up. he knew i was planning on honoring our agreement and he did what he thought was fair anyways, which from what ive heard is too rare in a prosecutors office. it is nice to know that the prosecutor where i live is using the law and his consciense to make decisions.

anyways, thank you for the support while this was going on...just thought you guys who were nice enough to offer the support might be interested in the result
SmileR
8/29/08 10:11:47AM
Great news man! Its just a shame it was taken this far to start with. Glad you don't have to do any hard time though! I'v seen those prison movies!
emfleek
8/29/08 10:13:27AM
Your butthole can officially take a deep breath of fresh air and relax now.
king_katool
8/29/08 11:03:06AM
good to hear man
owen1
8/29/08 6:46:31PM
Ya good news man.Its good to see justice done for once.
Svartorm
8/30/08 1:55:49AM
Someone said you had the guy in a headlock and rammed his head through the window?!?! Thats not even physically possible, unless you're ramming yourself through the window too. Sounds like the bouncer was trying to cover his ass about not doing his job in the first place and concocted something stupid.

Regardless, glad it all blew over bro!
jomatty
8/30/08 11:50:52AM
yeah it was ridiculous. i was going to take the deal but i was unhappy with it because there is no way i can figure to headlock him through a window, especially a window that is higher than my head (the guy i punched was taller than me and the window was at his head height). not only that but there is a ledge that is about 1.5 feet in front of the window. crap on a number of levels because there never was anything that could even be construed as a headlock. there was no grappling or wresling at all.
KYGUY07
8/30/08 7:47:59PM
real glad to see that you arent in trouble over it man.
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