Looking for some input on legal situation civil and criminal

trx#9 · January 10, 2010, 12:45:45 PM

Quote from: Anoriginal on January 10, 2010, 10:33:31 AM
Speaking of which....Erik!!!!! You're late for todays' "appointment".

Bring a breath mint. You're gonna need it.

Sorry I loss my watch the last time, that was quite painful for ya!

buythisatvstuff · January 10, 2010, 07:21:48 PM

Quote from: trx#9 on January 10, 2010, 12:45:45 PM
Quote from: Anoriginal on January 10, 2010, 10:33:31 AM
Speaking of which....Erik!!!!! You're late for todays' "appointment".

Bring a breath mint. You're gonna need it.
Sorry I loss my watch the last time, that was quite painful for ya!

LMAO talk about "passing time" rolback1 rolback1 rolback1

trx#9 · January 10, 2010, 07:53:58 PM

Quote from: buythisatvstuff on January 10, 2010, 07:21:48 PM
Quote from: trx#9 on January 10, 2010, 12:45:45 PM
Quote from: Anoriginal on January 10, 2010, 10:33:31 AM
Speaking of which....Erik!!!!! You're late for todays' "appointment".

Bring a breath mint. You're gonna need it.
Sorry I loss my watch the last time, that was quite painful for ya!

LMAO talk about "passing time" rolback1 rolback1 rolback1

stonny9 · January 13, 2010, 07:09:21 PM

Well if the kid is trying to be a firefighter/EMT/Paramedic he will never get hired with an assault charge on his record at least anytime within the next 5 years. Depts look at everything including your credit rating. I am trying to get hired right now on any dept I can. No assault charges just a bad economy.

Are their any possible long term effects from the damage?
With that said maybe ur friend can make a out of court plea deal for $$$$$ if he can/will drop the charges and/or make an anonymous phone call to his work. where and who does he work for? American Ambulance, Medics, American Medical Response are the major ones in SE FL.

I dont see how it can be agg assault. The hit directly lead to the injuries. Thats like saying someone driving intoxicated hit someone and left the scene and the person died. They wont just be charged with the hit and run/leaving the scene. The prosecutor will press for charges of at least manslaughter or something to that effect.

buythisatvstuff · January 13, 2010, 08:02:29 PM

They say no long term effects. I forgot which company he works for but I can get the name again. He works in HIllsborough county. His name is "Bubba" Nicholas Stocco (I think that's correct spelling).

stonny9 · January 14, 2010, 03:22:47 PM

Quote from: buythisatvstuff on January 13, 2010, 08:02:29 PM
They say no long term effects. I forgot which company he works for but I can get the name again. He works in HIllsborough county. His name is "Bubba" Nicholas Stocco (I think that's correct spelling).

Sorry that is a few counties away from where I am at in Broward. Me personally I would go after him through the court and seek restitution. I called the cops on my best friend cause he got drunk and took my phone and was being an a-hole and wouldnt give it back. $200 phone. I was gonna have him arrested but his did came along with the cops and got him to give me the phone so his dad could take him home. He is 6'5" 260lbs and I am 5'11" 140lbs. Dont do the crime if u dont want to do the time.

asmart82 · January 14, 2010, 03:54:31 PM

I simple Google search of Bubba Nicholas Stocco or EMT Nicholas Stocco provides a Myspace page. Even has his AIM screen name! And lastly, American Medical Response as an employer!

cybercop106 · January 21, 2010, 12:52:30 AM

Sorry, haven't been around for a while. Just saw this thread.

The perp can be charged with 1st degree Misdemeanor "Battery".
FL law is different from MO (where I did 2 decades of law enforcement) and a little weird.....
It's not Felony Battery unless the guy has a prior related conviction, or Agg Assault (a Felony)
because FL law says "with intent" to commit a felony OR "uses a deadly weapon".
Even IF your friend DID have some kind of confrontation with the guy, when perp struck him
in the back of the head as he was leaving, it pretty much negates any defense......
unless perp says your friend said he was going to go get a weapon and kill him, in which case he 'might'
get off with a self-defense plea.
I hope no-one gives the douche-rocket any ideas like that in defending his actions!!!!

Anyway, 'douche-perp' is PROBABLY out of luck in his "job with the county" aspirations. Most government agencies
prefer employees without a history of violence....... much less drunken violence.......

Now civil law is COMPLETELY different from criminal law. Your friend's injuries were absolutely
caused by the perp and don't have to be "intentional". Your friend can TRY to go after the parents,
but unless the perp is a "minor" under FL law, it won't fly. From what you said he's an adult,
so he's responsible for himself. Same with the bar. Civil law is notoriously screwed up, so he CAN sue the
bar, but it's not going to get anywhere.......... probably. You can file a civil lawsuit against most anyone
for any reason, but to get a jury or a judge to grant you a settlement, it needs to have substance.

Going after the parents or the bar is pretty lame. I know the guy got injured and has bills, but he needs
to go after the real cause and not those on the periphery just because they have money.

Good luck to your friend. I hope he finds a lawyer who will work on a contingency AND that 'douche-perp'
ends up paying him a bunch of money......... even if it's in installments!!!
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DISCLAIMER - the preceding is simply theoretical musing and should not be construed as actual advice.
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Anoriginal · January 21, 2010, 09:25:05 AM

Um....actually..... the most likely source of recovery in this instance is from the bar's insurance company. So, depending on the circumstances; yeah, the suit against the bar is going somewhere.

cybercop106 · January 21, 2010, 09:43:01 AM

It's possible....... Civil law is pretty iffy. Could go either way depending on the jury.

Since the victim was leaving when it happened, where he was will be important too.
Was he on the sidewalk outside the bar, or was he in the doorway/foyer/etc....?!

But did it really have anything directly to do with the bar, and are they really even partially
responsible? And their insurance company is probably going to be pushing hard for no liability
on their part.........

So yeah, circumstances ARE everything in that case!

Anoriginal · January 21, 2010, 10:27:04 AM

I guess he should probably talk to a civil trial attorney about it. He'd probably know better than anyone. What do you think?

cybercop106 · January 21, 2010, 10:32:25 AM

Like I said, I hope he can find one who'll do it on a contingency basis. IF an attorney agrees to do that, he's got a pretty good chance of getting a decent settlement from it because they aren't gonna take the case unless there's a very good possibility of winning a substantial amount.

550superquad · January 21, 2010, 10:43:27 AM

Quote from: digginfool on January 08, 2010, 02:27:00 PM
Quote from: Chillinthemost on January 07, 2010, 06:46:07 PM
There is ALWAYS 2 sides to every story. If your friend was truly innocent and had no words with or ever even met this guy I would be surprised.
This is precisely why I drink at home or while accompanied by my attorney.

Don't be so sure of that. I have seen people get drunk and decide they're going after the 'big guy' (hey guys! watch this! I'm gonna knock the big guy out. Got my back?). It happens a hell of a lot more times than most people would believe. When I was younger, I knew two brothers who were just little guys with big mouths. But, they always hung around the big rednecks from West Melbourne. Their favorite stunt was to start a fight with a guy inside the bar, lure the guy outside to finish it where all their buddies were waiting to stomp the crap out of the unsuspecting slob(s). All kinds of idiots out there.

are you talkin bout me hangin out at the county line

patches206 · January 21, 2010, 11:28:54 AM

CAll 1-800-ASK-GARY :}}

IXIswamperIXI · January 21, 2010, 03:19:53 PM

How's your friend doing?

buythisatvstuff · January 21, 2010, 04:01:54 PM

Quote from: IXIswamperIXI on January 21, 2010, 03:19:53 PM
How's your friend doing?

He's healing up but losing lots of weight since he's on a liquid diet. Jaw wired shut on both sides. Has to carry wire cutters in case he vomits he has to cut them open and open his mouth to prevent choking to death. Other than that he's taking it easy and resting. Not much to do for the broken bones but let them heal considering their locations and they were broken but not shifted out of place. He took the stitches out already. He's just hating life with no real food and not being able to talk normally. Thanks for asking.

IXIswamperIXI · January 21, 2010, 09:16:50 PM

That sucks!!! Well hopefuly it's a speedy recovery!

stonny9 · January 24, 2010, 02:14:27 PM

Quote from: buythisatvstuff on January 21, 2010, 04:01:54 PM
Quote from: IXIswamperIXI on January 21, 2010, 03:19:53 PM
How's your friend doing?

He's healing up but losing lots of weight since he's on a liquid diet. Jaw wired shut on both sides. Has to carry wire cutters in case he vomits he has to cut them open and open his mouth to prevent choking to death. Other than that he's taking it easy and resting. Not much to do for the broken bones but let them heal considering their locations and they were broken but not shifted out of place. He took the stitches out already. He's just hating life with no real food and not being able to talk normally. Thanks for asking.

On the bright side beer is considered a liquid.