Assault & Battery I was assaulted, I am looking for advice.

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Rickyjoepr

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I am a hispanic male, 260 pounds 6ft 2inches 24 years old


on sept 29th of 2012 I went to go get some exercise and play basketball at the local park, like I do almost everyday. I arrived and began shooting, shortly after I was invited by others to participate in a pickup game. I knew and was familiar with many of the people on the court.

One of them one a high school basketball star, a 19 year old punk essentially. He had always seemed to pick on me or mess with me. He would always give me problems, harass me, and even had called me names before. These previous instances of harrassment had happened during times of frustration because he was losing to my team, or when I was doing very well in terms of scoring against his team. During these bouts of frustration, he would become excessively aggressive, and would begin to use excessive and unecessary force while playing. This would involve hard pushing and shoving, and at times even tripping or becoming entangled with him. I would usually have to tell him to relax or stop pushing me. He once even said "you are going to keep letting this fat fuck score!" out loud, in the public park in front of children, his father had to tell him to relax

On this day, he was extremely frustrated and began the excessive pushing and shoving and nagging me verbally. I told him to leave me alone, I am 24 and am just hear to have a good time and get exercise, and that I am not a teenager to be bothered with you. His play started to get very physical, I do not have health insurance, so I do not prefer to be around that kind of stuff, throwing elbows and pushing. That is not basketball.

Well moments later, I went up to grab the ball, and I was immediately pushed from behind, I felt two open hands push me very hard, I actually fell to the ground. I found myself staring into the pavement. I got up immediately and there he was, he had essentially tackled me. I immediately pushed him away, and told him to knock it off!

At that instant, he immediately put both fists in the air and started jumping back and forth. His eyes widened, nostrils flared, and he began breathing very heavily jumping around with his fist in the air. It was clear that he wanted to engage me in a fight. I however, am a very bright person and have alot going for me, I am a very large man, who also happens to be puerto rican (police do not like puerto ricans here). I knew that it was not in my best interest to injure myself or this possibly this young man. My hands were at my sides, and I was just staring at him in shock while he jumped around, I clearly did not want to participate in this behavior.

(He is young hispanic male 19 years old and is roughly 5 foot 9 inches and about 160 pounds, I am 24 years old 260 pounds and 6ft 3 inches)

He continued jumping for about five seconds, I assume waiting for me to hit him. When he realized I was not going to hit him, he quickly threw a punch that connected with my mouth.

I just stared at him in shock for a few seconds, contemplating my options. I was confused and dumbfounded that someone would do this to me. I noticed that something was very wrong, I felt it. My lip was hanging off like a flap. I decided that I should walk away to avoid further damage and getting myself in alot of trouble. As I passed him I explained to him that I dont have medical insurance.

I immediately began walking home, so that I could drive to the emergency room.

Apparantly, one of the players who witnessed this, called the police and had reported that I had been assaulted.

The cops showed up and I told them my story and told them I wished to press charges, I was bleeding profuseley and my mouth and teeth were in great pain. They said that I need to wait here, because I have to be taken in an ambulance. The ambulance arrived shortly and I was taken to er, trama level 4. Trama 5 is the highest level, so as you can imagine it was rather serious, my lip needed to be stictched back into place.

While in the er, one of the officers came and informed me that because a witness saw me push the guy, they would not press charges on him, but if i wanted to I could do it myself at court.

I did that the next day, my court date is on feb 3.

Is there any sort of advice you can give me?

I kind of dont feel like going to court, but I also dont want to let someone get away for doing that to me.
 
Also from what I hear, this person is on probation for either a drug or violence related charge. Not sure which one unfortunatley
 
Tell the truth in court.

I'm not sure otherwise, what you're actually asking?
 
Im seeking advice such as

Is it wise of me to go to court, I am just trying to defend myself

Will they view this as merely two people fighting and disregard me

just seeking any sort of advice on the matter
 
I have all medical documents and evaluations documenting the injury at the ER prepared, as well as the medical bills I incurred due in part to his lack of emotional and self control.
 
Agree, no one can say how any individual court/judge will view the situation & what decision will be made.
 
Unfortunately if he has a witness saying you pushed him like you said he does then it will be viewed that you did in fact engage and your lucky they didn't ticket you. You can however go after him for the hospital and ambulance bill.
 
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