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wrongfully arrested? (CRIMINAL LAW & PROCEDURE)

Tue, 24 Aug 2004 17:58:00 GMT

What is the name of your state? OKLAHOMA
My husband and my 16 year old nephew went to a house (we knew the people, they had been to our house, and we considered them friends) pick up our 14 year old daughter, she was supposed to be staying the night with a girlfriend and did not have permission to be anywhere else. when my husband knocked on the door three men (two of them we knew and 1 of them we did not know) came to the door. They told him our daughter wasn't there and he wasn't coming in the house, my husband said 'that's fine, I just want my daughter', then two of the three men (the two we know) came out of the door and started fighting with my 16 year old nephew, one of the two men had a large knife or machete, and the other one was biting him and hitting him with his fists). My husband was trying to break up the fight so they could leave and the third man hit him in the back of the leg with a ball bat. My husband kept trying to break up the fight so he could get my nephew in the car and the third one hit him again with the bat, but this time he hit him in the side of the face and head. My husband then stumbled to the car, he could not see because his eye was swollen shut and he could not open the other one, and he was trying to call for help on his cell phone. my nephew managed to away from them and he got in the car, but my husband could not see to drive and he couldn't get out of the car to trade places so my nephew could drive because the three men were still threatening them with the ball bat and the large knife. The police finally showed up, and they talked to the three men (one was still holding the ball bat and the other was still holding the knife) then the police officers got my husband and my nephew out of the car and arrested them for 'disorderly conduct' and when my husband tried to explain to them that he was there to pick up our daughter, and that they hit him with a bat in the face and he felt he needed medical attention, they told him to shut up he had no right to talk, and he would be fine. One of them told him 'Ive had dozens of black eyes just like that and you will be fine'. My husband was bleeding from the nose and form the eye, and they took him to the police station, instead of to the emergency room. What we need to know is-----
1) was the police right in arresting him for disorderly conduct and not arresting the other man for hitting him with a ball bat, (for assault and battery)
2) were they right in denying him medical attention for an obvious head wound. (my husband has since had surgery to repair the broken bones in his face and maxillary sinus)
We were also told by the Lt. police officer that if we tried to file a report with the police for assault and battery on this individual they would amend the charges against my husband and add more charges than just disorderly conduct. Where should we go from here?

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  • Tue, 24 Aug 2004 20:00:00 GMT(1)
  • There MUST be more to this story ... the police would NOT just ignore what is essentially a felonious assault for no reason. There is a lot to this story that just is not being told. I'd rather arrest a felon that a piddly misdemeanor any day.
    Either they gave you a heck of a song-and-dance story about what really happened, or you are not being clear here.
    What does your daughter have to say about the events of that evening?
    Carl
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