Assault & Battery I was assaulted in my own home by a guest/stranger

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phalenjones1012

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Me and my GF have lived together now for almost a year & she's a teacher. SO, as summer comes along I still work while her and her son stay at home and go swimming as summers go. She invited over 2 female friends of hers to swim at our pool and one of her female friends invited 2 other males and brought both of her kids. (side note: one of the friends we'll call B and the other A, B invited the 2 males and she also brought her 2 sons. "a" brought no one. "B" is married but her husband NEVER comes over so she cheats on him with one of the 2 males she brought with her.) So I'm watching USA win the first round of the world cup and after the game I decided to go and join them. Their cooking out, drinking having a great time and I just had gotten off of work so I figured "HEY, why not?" Worst idea ever. "B" has had quite a bit to drink at this point as had her "boy toy" that she brought with her. Never the less I hold my tongue for my lady because its her best friend. It gets dark, I round up the kids and take them back to the house at which point by now "b" was puking in the toilet and her "boy toy" was beginning to get rude. No words where exchanged until they left to get more alcohol an came back.

I'm sitting in MY chair on MY patio playing my guitar. My lady goes inside, I follow her for a VERY short time and return to the patio to which I find "boy toy" in MY chair. I strum my guitar and kindly ask him "will you please move to the other chair? I always sit in my chair when I play my guitar." he laughs in my face, so I chuckle with him unwillingly and again: "no but seriously, can you please move?" he replies "are you serious?" I smile kindly and in a polite tone I say "yes, theres a chair right there for you. Its fairly comfortable"

this is when he shows his colors immensely

"After I finish my cigarette" and smiles and laughs.

I smile slightly, because I'm confused in the moment but looking back I now see the smugness and the malice.

I continue: "No but seriously, please move out of my chair."

"make me."

Now I'm feeling EXTREMELY disrespected because I've only met this dude once before and I can't believe he could be audacious enough to insult me in my own home.

"You're in my house, you have 2 options, either get up or leave."

Then he begins to verbally call names and take things up to another level.

"Why you gotta be a bitch about it? Why can't you sit in the other chair?"

Me: "I'm not a bitch, leave. Now."

boytoy: "make me"

And now I yell at him "Get out of my chair, and leave NOW."

The girls come out with the other guy that "b" brought and things have escalated to the point of me threatening to call the police.

He continues to call me a "bitch" and a "pussy" but he's gotten up and moved to the other chair. I look at "b" and tell her "either straighten up your 'friend' or I'm either calling the police or ya'll can leave. Period"

He stands up, with "a" trying to get between him and me and screams "make me leave bitch"


this is where the assault comes into play. You see, "boytoy" && "a" work at a "correctional facility" in Palestine TX. I'm African American. They're ALL Caucasian.

I told him "this isn't your jail house, this is my house & I'm not one of your little inmates"

He said "yes you are" and hit me in my eye. I immediately swung my guitar as many times as I could, shattered it. Tried my best to move "a" out of the way as so she wouldn't get hurt, and he tackled me to the ground (I was shirtless so my back is all scraped) and he began to choke me, his friend NOT trying to stop him (the other male) and my GF trying to pull him off of me, I get his hands off my neck push him off, hit him once more with my fist and he stopped. I went to call the police and my GF stopped me because I didn't realize my eye was bleeding badly. Her friend "b" started screaming at me and throwing glass at me in my house shattering multiple plates and glasses while my GF is rushing me to the bathroom to wash the blood out of my eye. I kept telling her "don't worry about me call the police" she never did.


He ended up going to the hospital for his guitar wounds.

"b" calls my GF today saying that the hospital called the police because of the nature of the wound and they filed a report. I'm scared that I'm going to get charged with assault because I hurt him more than he hurt me. Apparently he had to get stitches and may have a concussion. I'm not sure. She hasn't said whether or not files have been charged.


What should I do, and what action should I take? Should I hire a lawyer? What can I do to stay out of jail?
 
If you call the police and report the initial attack it is possible that you can go to jail. It is also possible HE can go to jail. There's no way to predict what the other parties might say about what happened, so it's really a crap shoot.

At this point, since you might just as easily be a suspect as a victim, you might want to immediately contact an attorney and run this buy him or her. If you ignore it and the other parties call the police to report it, it's almost certain you'll face charges of some kind - plus, it could be seen that your NOT calling the police is a tacit acknowledgement of your own culpability. So, speak to an attorney.
 
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