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  • I think i'm in trouble, I need advise...

    Hi everybody,

    I'm currently starting to apply to different police departments and something bad happended to me a month ago.

    I was working as a security guard in a municipal building. One night during one of my shift, I go see a group of people (5) loitering in the parking. The guy i'm talking to gets irritated because I interrupted his 'party'. He tells me to f*ck off and to impress his friends, pulls out a baseball bat out of the trunk of his car and swings it at me. Thank god he missed me and I was able to control the guy and end up arresting him. I called the cops, they took him to jail, I wrote a declaration and everything. Luckily, two bystanders witnessed the attack and agreed to testify.

    While I was wrestling with the guy, one of his buddies took the baseball bat and hided it under a car. Cops managed to find it.

    At the police station, the suspect tells the officer in charge that he wants to press charge against me for assaulting him. He claimed that he never attacked me, that the bat wasn't his and got his 4 other friend to testify that I assaulted him without any reason.

    So the police called me, saying that the guy pressed charge against me and that the case was sent to the crown attorney. They told me not to worry too much since two bystanders worte declarations that support my side. But right now i'm waiting for news if the attorney rejects the case or not... Even though I pretty sure the thing won't even reach the court, I'm worried about this event DQing me for future LE applications.

    So... am I toasted or not?

  • #2
    +1 Lose the security gig.

    Sounds like you're from the great white north, because I've never heard of a desk sergeant listening to some mope who just got dragged in, and then writing up a report for prosecution based on slugger's allegations.

    I'd say you're fine as far as the charges go, from what you've written .... find a job with a little less liability exposure.

    Comment


    • #3
      I did find another job (working in construction right now).

      The police department in question is very liberal and focus more on being transparent then focusing on catching criminals.

      Also, FJcop, what do you mean by advice?
      Last edited by hd556; 09-12-2008, 02:51 PM.

      Comment


      • #4
        hehe sorry, fixed it. I write too fast I guess...

        Comment


        • #5
          In your post, you reference a "Crown Attorney". Did this incident take place in Canada? I'm merely a little curious. Okay, to your question. Short answer: No. You're not toast. I too question why your actions were even written up and submitted for possible prosecution. It's quite common for arrested subjects to claim they were the victim. It's less common that they're so easily believed. All of that said, when you apply the situation should be mentioned. It will have to be mentioned in the unlikely event you're arrested, or even prosecuted. Certainly, any weight given to the situation will have to be the department's call. I personally don't think it will be a killer though.

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          • #6
            I guess you guys are good cops... Yes the whole thing happened in Canada.

            Comment


            • #7
              Had a woman I arrested press charges against me and my partner via private criminal complaint, (this is PA).

              These charges have to get approved via the DA. We got called in and interviewed.

              The charges were without merit and nothing was ever filed. We considered suing her for false reports and in retrospect I wish we would have.

              You have nothing to worry about. Get used to it, if you do your job you aren't going to make everyone happy.

              BTW, if he would have swung a bat at me, the cops would have found it next to his dead and bullet ridden body.

              G-man
              1*

              Comment


              • #8
                The uninvolved witnesses should have a lot more weight than the suspect's friends. The guy is grasping at straws to try to get out of this. There's always a chance that things could go sour, but hopefully the system works the way it should this time.
                Three Stripes beats Four Aces.
                Retirement: You've Won the War when you're Paid to Stay at Home.

                Comment


                • #9
                  Originally posted by hd556 View Post
                  Hi everybody,

                  I'm currently starting to apply to different police departments and something bad happended to me a month ago.

                  I was working as a security guard in a municipal building. One night during one of my shift, I go see a group of people (5) loitering in the parking. The guy i'm talking to gets irritated because I interrupted his 'party'. He tells me to f*ck off and to impress his friends, pulls out a baseball bat out of the trunk of his car and swings it at me. Thank god he missed me and I was able to control the guy and end up arresting him. I called the cops, they took him to jail, I wrote a declaration and everything. Luckily, two bystanders witnessed the attack and agreed to testify.

                  While I was wrestling with the guy, one of his buddies took the baseball bat and hided it under a car. Cops managed to find it.

                  At the police station, the suspect tells the officer in charge that he wants to press charge against me for assaulting him. He claimed that he never attacked me, that the bat wasn't his and got his 4 other friend to testify that I assaulted him without any reason.

                  So the police called me, saying that the guy pressed charge against me and that the case was sent to the crown attorney. They told me not to worry too much since two bystanders worte declarations that support my side. But right now i'm waiting for news if the attorney rejects the case or not... Even though I pretty sure the thing won't even reach the court, I'm worried about this event DQing me for future LE applications.

                  So... am I toasted or not?
                  You'll be fine......

                  Although, how did you "arrest" one of the guys, who was holding a baseball bat... with four of his other friends around? Are there details of the story that maybe you forgot to include? If I was unarmed and I came across a guy with a baseball bat, I'd go the other way,... espcially if all they were doing was loitering.

                  But all in all, details aside, if all you were doing was defending yourself againt a felonious assault, then you'll be fine... theoretically you could of shot him for swinging the baseball bat.

                  Comment


                  • #10
                    Originally posted by Michigan View Post
                    You'll be fine......

                    Although, how did you "arrest" one of the guys, who was holding a baseball bat... with four of his other friends around? Are there details of the story that maybe you forgot to include? If I was unarmed and I came across a guy with a baseball bat, I'd go the other way,... espcially if all they were doing was loitering.

                    But all in all, details aside, if all you were doing was defending yourself againt a felonious assault, then you'll be fine... theoretically you could of shot him for swinging the baseball bat.
                    For the arrest itself, I got really lucky. The guy swung the bat at me and somehow he dropped it after he missed me. There was a fellow security guard at 200 meters from the scene. He ran to me and was able to keep the 4 other guys away from me. The perp's buddies weren't too aggressive and put more effort in hiding the bat rather than attacking me. I managed to tackle the guy and kept him on the ground until cops arrived.

                    I guess I should have run away but what's done is done.

                    I feel relieved to read that crown attorney will more likely not prosecute the case. Thanks for the feedback everybody. Its really appreciated.

                    Comment


                    • #11
                      Originally posted by hd556 View Post
                      For the arrest itself, I got really lucky. The guy swung the bat at me and somehow he dropped it after he missed me. There was a fellow security guard at 200 meters from the scene. He ran to me and was able to keep the 4 other guys away from me. The perp's buddies weren't too aggressive and put more effort in hiding the bat rather than attacking me. I managed to tackle the guy and kept him on the ground until cops arrived.

                      I guess I should have run away but what's done is done.

                      I feel relieved to read that crown attorney will more likely not prosecute the case. Thanks for the feedback everybody. Its really appreciated.
                      Job well done then.

                      Comment


                      • #12
                        I've received some news from the crown attorney today.

                        He won't go on with the accusation of the suspect due to 'the circumstances of the event'.

                        About the complaint filed against me: it have not been rejected yet. But they say that there is still the possibility that the complaint reaches the court.

                        Right now... I don't know what to think about it...

                        Comment


                        • #13
                          You said you "arrested" them?...Thats a bad choice of words for a security guard. Maybey things are different in Canada, but in the States thats looking for trouble. In the US, security guards are trained to "Observe and report".

                          That being said when you saw the men loitering around, you should have called the police and requested the men be checked out as suspicious persons at the municipal building you work for.

                          I guarantee you if I responded to that call and the guy swung a bat at me, he would be ten feet under. But you as a private security guard are most likely unarmed, and as I already stated you should have called the police to handle them.

                          Good luck
                          Last edited by TOMBSTONE; 09-18-2008, 03:03 AM. Reason: spelling

                          Comment


                          • #14
                            I never ever hided anything in my life.
                            Being a good street cop is like coming to work in a wet suit and peeing in your pants. It's a nice warm feeling, but you're the only one who knows anything has happened.

                            Comment


                            • #15
                              Originally posted by FJcop
                              ever heard of a citizens arrest? security guards/officials do it all the time...

                              It has been my experience that security guards and civilians that are not familiar with criminal law and start handcuffiing "Arresting" people and putting themselves in a dangerous situation that could lead to civil litigation against them and/or possible criminal charges against them for false imprisonment.

                              Furthermore they are usually not respected by the criminals they are confronting and the chances for them getting assaulted/injured is high.

                              Call the police next time...Observe and report.

                              Comment

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