Author Topic: Aggravated Assault/ Some legal advice wanted/ I'M fine, but you should see the HIM!  (Read 13475 times)

Offline Serenity

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Alright, heres the background.

Last night, I was going to spend the night at my girlfriends house, and go to school with her in the morning. Well, I had to wait until her parents got home, (At 10:30) and I couldnt get a ride. So I had to take the bus. So, I grab my school bag for the next day and head down to the bus stop. At around 10:32(pm), I see these two big hawaiian guys walking towards me. Ive been in Hawaii long enough to know I was about to get mugged. So, as is my standard practice, I unzip the sleeve pocket of my leather jacket, remove the 5-inch thumb-assist knife I keep there, and move it to my side pocket for easy accesability. They get down there, and theyre acting friendly, but like I said, I know better. So with one hand on a knife and the other on my wallet I returned their small talk. Then, at around 10:34pm, it happened. He said "Nice to meet you", and shook my hand. I returned the hand shake, taking my hand off of my knife for a crucial second. As soon as our hands parted, he threw the first blow, connecting clearly with the right side of my face. Surprised me, as I wasnt expecting it QUITE then, but I wasn't hurt. In under a second I had my knife out, extended, and within centimeters of his throaght. I was ready to deliver a lethal blow, and would enjoy it SO much. But then my concience kicked in. "You want to get into the Air Force Academy! This MIGHT be self defence, but if it is considered excessive force, you will NEVER get in!" So, I retracted the knife, and attempted a retreat from the fight, knowing that while I would have NO problems leaving them both unconcious, I might just get annoyed enough to USE the knife. With the knife safely back in my pocket I made my retreat. As I attempted to, he put another blow to my face. Again, no pain. This guy was pretty stupid, he didnt realise that punching a guy in the cheeck would cause no pain, as it connects only with bone. I actually laughed in his face at this point, and again made a retreat. They thought to themselves "We've got a 15 year old, 140lb white kid here, late at night. Don't let him go, he should be EASY to take down". They were wrong. I looked over my left shoulder just in time to take a blow to the left cheeck, which knocked me forward over the railing in front of me. I realised I was now in a favorable position. With ever bit of strength I could muster, I launched my right foot back and connected solidly with his chest. Id swear I felt a rib crack, and he fell backwards over the bus stop bench and didnt get up. The second guy was just now joining the fight, and once more, I had my knife out, ready to strike. A quick slash to his throaght, and plunge it into his back... he'll be no concern and it will be so much fun! But once more, my concience kicked in. "Even if IT self-defense, you will still have killed two people" (If I had stabbed them, they WOULD die. Without question.) "And the Air Force Academy will STILL see that!" So, once more, I begrudgingly closed my blade and returned it to my pocket. I hopped over the afformentioned railing, and ran through a busy highway offramp to put some distance between me and them, just enough to call the police. I decided to trust the police to get there in time to apprehend the bast@rds. It didnt happen. The guy I kicked got up, and stumbled away, followed by his friend. On the way, they stopped to pickup my school bag, and my i-Pod, which I lost in the scuffle. I started to follow them, but realised if it came to blows again, it could be said I was following them with the intent to attack. So, I could only sit and watch as they escaped with my things.

In the end, the police have YET to find them, even though I gave a perfect description, and even one guys first name! They got away with my homework, (I'm serious!) and the Algebra II book I needed to study for a test today, as well as my i-Pod. Im fairly certain that guy cracked a rib, and I got out with a stiff neck, a busted blood vessle right next to my right eye, and a cut lip, but surprisingly absolutely NO pain.

So the question is: I KNOW you are going to tell me I did the right thing by simply exiting the area. But, would the airforce academy have looked down on me for killing two guys in self defense? If I HAD pursued them to see where they went, could I be brought up on aggravated assault, or some other charge if it came to blows again? Thanks.

Offline moot

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You didn't need to kill them, only neuter them.  In the heat of the moment, things can go either way before you can do anything about it, but I think you probably could have managed to incapacitate them if you were more experienced.
Killing them was definitely not a reasonable alternative.
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Offline Serenity

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Quote
Originally posted by moot
You didn't need to kill them, only neuter them.  In the heat of the moment, things can go either way before you can do anything about it, but I think you probably could have managed to incapacitate them if you were more experienced.
Killing them was definitely not a reasonable alternative.


Oh, I KNOW I could have incapacitated them, in a heartbeat. But, I knew I would find myseld too tempted to kill them as it would be SO easy, and they hit me first, lol.

Offline rpm

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I'm not familiar with Hawaiian laws on assault and self-defense, but it sounds like you made all the correct decisions. You are safe and relatively unharmed.
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Offline SkyRock

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One, bus stops at night are asking for it.  Two, when you saw them walking up, (you knew it was no good) then you should have made the exit right at that moment and went to a more populated and lit area.  Three, always take the exit rather than the fight when it is random violence you are up against.  Four, if you are in a situation where there is no out, then strike quick and with power to the vitals(throat and groin, or abdomen) with a sharp fist, this means to concentrate the force into just a couple of knuckles.  If you can connect in one of these three places properly, the fight is already over.  Five, NEVER, EVER, NEVER pull a weapon unless you need to kill with it.  If you reach the point at which a weapon is to be drawn, then the intent is to incapacitate the attackers, and should be done with stealth, force, and intensity.  Any hesitation when using a weapon more often than not, results in the holder of the weapon ending up on the wrong side!  
    In the end, you are still alive and safe so you did good.  Good luck!:aok

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Offline Jackal1

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A lot better story than ..."The dog ate my homework". :D
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Offline moot

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Quote
Originally posted by SkyRock
NEVER pull a weapon unless you need to kill with it.  ...  Any hesitation when using a weapon more often than not, results in the holder of the weapon ending up on the wrong side!

What I meant to say.  You should get yourself some mace, or shocker of some sort.  The knife is probably too effective in your hands for anything short of overwhelming force from someone trying to kill you.
I've personaly broken ribs with a front kick like you describe and the few times I've done it, the guy gave up.  A friend of mind dislocated some punk's knee and never had any legal trouble from it, although I wouldn't recommend the risk myself.  It's the sort of last resort you should opt for instead of a knife to the throat though, especialy if you're only up against muggers like those two.
As far as I could tell anyway, they weren't out to skin you alive.  Temper temper :)
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Offline lasersailor184

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Quote
Originally posted by SkyRock
One, bus stops at night are asking for it.  Two, when you saw them walking up, (you knew it was no good) then you should have made the exit right at that moment and went to a more populated and lit area.  Three, always take the exit rather than the fight when it is random violence you are up against.  Four, if you are in a situation where there is no out, then strike quick and with power to the vitals(throat and groin, or abdomen) with a sharp fist, this means to concentrate the force into just a couple of knuckles.  If you can connect in one of these three places properly, the fight is already over.  Five, NEVER, EVER, NEVER pull a weapon unless you need to kill with it.  If you reach the point at which a weapon is to be drawn, then the intent is to incapacitate the attackers, and should be done with stealth, force, and intensity.  Any hesitation when using a weapon more often than not, results in the holder of the weapon ending up on the wrong side!  
    In the end, you are still alive and safe so you did good.  Good luck!:aok


In the end, ignore most everything said here.  But, if you want, you can ask the guy to stand still while you try to put some kung-fu death grip move from hell on him.  He probably won't stand still for you to try it though.



Remember, the motive for pulling a weapon is NEVER move to kill, or move to injure.  You are stopping the attack.  Whether you kill someone, or injure someone in the attack is irrelevant.  The goal is to get them to stop attacking you.  Anything else can get you in legal trouble, regardless of what is actually happening.

That and carrying a weapon as a minor.
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Offline Kaw1000

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Here in Ohio we have a concealed carry law...If I were in your shoes these two would be in the hospital with lead in them!!!:mad:
 Also, Pulling a weapon does not mean you have to use it...It is a deterant that could save your life....if a bad guy sees a red dot on his chest...chances are he will run and you should run(as fast as you can) the other direction!!
« Last Edit: September 19, 2007, 12:15:37 PM by Kaw1000 »
See Rule# 5 on just about every thread!

Offline indy007

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Go to Charuto's school. Train ground skills.

Move to a state where you don't have to be a celeb to get a CHL.

Shoot first, and keep shooting until your clip is empty. Reload & repeat.

Dead men can't give their side of the story.

Offline SteveBailey

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My BS-O-METER hasn't read this high since Voss was posting in this forum.

Furthermore, if this were a true story, you couldn't have handled it more poorly except for perhaps dropping your drawers and bending over.

Offline Neubob

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Quote
Originally posted by SteveBailey
My BS-O-METER hasn't read this high since Voss was posting in this forum.

Furthermore, if this were a true story, you couldn't have handled it more poorly except for perhaps dropping your drawers and bending over.


I knew it.

Dammit Voss!

He's like a case of Chicken Pox, only he keeps coming back, again and again--which, I guess, would make him nothing like Chicken Pox at all.

Either way... Dammit!

Offline moot

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It's not that incredible if you filter out the hyperbole :)
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Offline Neubob

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Puny 15 year old kid, with a sore throat, fights off two large assailants while on his way to spend the night, with his girlfriend, at her house, while her parents are there....

Yea, it just reeks of truth.

Hey Voss, is that a scorpion in your pocket, or are you just happy to be back at the OClub?
« Last Edit: September 19, 2007, 12:49:00 PM by Neubob »

Offline moot

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Big by his measure of things maybe?  I've beaten a few guys "a lot" bigger than me at about that age.
You're too jaded Bob.
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