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Thread: Assault on Old Town

  1. #1
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    Assault on Old Town

    So Friday night I was sucker punched twice at the Riverfront Pub in Old Town. Lip is still numb, got a nice little shiner and the right side of my face is swollen. Police were called and arrived while the crowd was outside. Friends and I stood still as the police showed up, I tops the first officer on scene I was sucker punched twice and wanted to press charges. He told me to stay where I was and continued to walk towards one of my friends who was also sucker punched and had a bloody nose. Meanwhile the assailants are still on scene and the officer has not paid them any mind. Two more cars show up and everyone except my group scatters. None of the officers tried to stop the fleeing. My ID was ran by an officer and I was never asked what happened. The first officer on scene comes back over and asks the october IDing me if I was ok for warrents then told me I could leave. I asked if anyone wanted to hear what to had to say. I was told no and that they had enough "statements"(i saw no notebooks come out doesn't mean they didn't). I told him I was assaulted twice and wanted to press charges. He shined a light in my face and told me to come down to the PD on monday. I have taken photos of my injuries since then. i asked for a reference number and was told I didn't need one just come down. Any input guys? Don't want to go much into detail about what actually happened.

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    Re: Assault on Old Town

    I was not OCing or carrying. If I had been OCing this may not have happened.

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    Unfortunately, part of the problem is that in Maine Assault is a Class D crime. That means that the officer cannot arrest unless the crime was committed in his presence. He could still have issued a summons though. Strange. Also, if he got any statements saying you instigated the conflict in any way, even verbal instigation, then your assault claim is void
    Last edited by boyscout399; 10-14-2012 at 10:48 AM.

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    Re: Assault on Old Town

    Thanks boyscout. I instigated in no way. All the witnesses were from my party. Everyone else ran. I had an item stolen off of my clothing. I told the guy it was disrespectful. Then I was sucker punched by the first guy. I just find our strange that the two people with injuries did not have statements taken.

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    I agree, that doesn't sound right.

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    Moderator / Administrator Grapeshot's Avatar
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    No digital recorder?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Re: Assault on Old Town

    Quote Originally Posted by Grapeshot View Post
    No digital recorder?
    No. I was completely unprepared and off point. No OC and no recorder. Just a lesson for the books.

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    Assault on Old Town

    File a civil suit against the property owner for failing to provide adequate security. Subpoena any and all security video and use it to try to ID your attackers, then sue them. Forget about criminal charges.

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    Re: Assault on Old Town

    Quote Originally Posted by Hef View Post
    File a civil suit against the property owner for failing to provide adequate security. Subpoena any and all security video and use it to try to ID your attackers, then sue them. Forget about criminal charges.
    I was thinking this. There was no security at all.

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    Quote Originally Posted by Hef View Post
    File a civil suit against the property owner for failing to provide adequate security. Subpoena any and all security video and use it to try to ID your attackers, then sue them. Forget about criminal charges.
    It's not the responsibility of the property owner to keep you safe. Your safety is only your own responsibility. You'd have to prove negligence on their part to a known threat.

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    Assault on Old Town

    Quote Originally Posted by boyscout399 View Post
    It's not the responsibility of the property owner to keep you safe. Your safety is only your own responsibility. You'd have to prove negligence on their part to a known threat.
    I've known lawyers who have successfully argued against your statement. One of my friends (a bar owner) lost $700,000 in one case.

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    Re: Assault on Old Town

    Quote Originally Posted by Hef View Post
    I've known lawyers who have successfully argued against your statement. One of my friends (a bar owner) lost $700,000 in one case.
    This was at a bar that normally gets fairly packed. And has only a liked number of tables, everyone mostly stands. I will be FOI requesting tomorrow for any previous police response to the location, between Oct. 2011 and current date, reasoning for police response and if any arrests were made. In order to show the bar should have known security was necessary on a Friday night when a bunch of drunk college kids are out partying.

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    Regular Member sharkey's Avatar
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    Quote Originally Posted by Hef View Post
    File a civil suit against the property owner for failing to provide adequate security. Subpoena any and all security video and use it to try to ID your attackers, then sue them. Forget about criminal charges.
    I've sued plenty and I find your advice to be reprehensible.

    To hold the bar liable for a sucker punch is ridiculous unless their staff were involved in the altercation.

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    Re: Assault on Old Town

    The sucker punch happened after he stole something from me, kid should have been removed then


    I'm not arguing though, just giving a different view. Trying to get as many opinions as possible. Thanks guys
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    Last edited by SPOProds; 10-14-2012 at 03:21 PM.

  15. #15
    Regular Member sharkey's Avatar
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    Was this theft witnessed by an employee?
    Did you report it prior to being assaulted?

    From what I read the assault happened immediately after the item was taken.

    Out of curiosity what was taken from you? A button pin, a sticker? Stealing is stealing but I'm curious what exactly was on your clothing.

    I'm all for suing the perpetrators assuming they have any assets. I'm against suing the property unless they are culpable. And by culpable I mean substantially, not that they didn't surround you for your whole visit like secret service.
    Last edited by sharkey; 10-14-2012 at 03:39 PM. Reason: can't spell

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    Re: Assault on Old Town

    Quote Originally Posted by sharkey View Post
    Was this theft witnessed by an employee?
    Did you report it prior to being assaulted?

    From what I read the assault happened immediately after the item was taken.

    Out of curiosity what was taken from you? A button pin, a sticker? Stealing is stealing but I'm curious what exactly was on your clothing.

    I'm all for suing the perpetrators assuming they have any assets. I'm against suing the property unless they are culpable. And by culpable I mean substantially, not that they didn't surround you for your whole visit like secret service.
    I had a couple of cigarettes in my knitted hat. One of his friends snatched one earlier in the night. I told him it was disrespectful and not to do it again. Later in the night(30 mins or so)his friend came over and did the same thing with my back turned. An employee witnessed the first interaction, I did not mention it however(my mistake). The assault happened almost immediately after the second time.

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  17. #17
    Regular Member sharkey's Avatar
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    Quote Originally Posted by SPOProds View Post
    I had a couple of cigarettes in my knitted hat. One of his friends snatched one earlier in the night. I told him it was disrespectful and not to do it again. Later in the night(30 mins or so)his friend came over and did the same thing with my back turned. An employee witnessed the first interaction, I did not mention it however(my mistake). The assault happened almost immediately after the second time.

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    I was about to say if someone did that to me I would ....... but then I remembered what actually happened in my last bar altercation.

    It was over a pool table. I was with my friend, wife and mom. I think the guy checked his cue (rolled it on our table) while we were playing or something. It was a long time ago. He was rude and I wanted to hit him but stifled it since my mom was with me. What my friend did was far worse. When their backs were turned he hocked a big loogie in the guys beer.

    It was wrong of him but we had the last laugh.

    As far as your situation the employee may have thought you handled it. I wasn't there so can't say for sure. I just think if you sue someone (I know you never said that) they should be responsible. There are too many frivolous lawsuits out there and this is coming from a guy who has been involved in at least 10 lawsuits. 2 of which were because a collection company left me a message.

    And I won every single suit BTW

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    Assault on Old Town

    Quote Originally Posted by sharkey View Post
    I've sued plenty and I find your advice to be reprehensible.

    To hold the bar liable for a sucker punch is ridiculous unless their staff were involved in the altercation.
    A man was assaulted. Law enforcement obviously doesn't care and likely can't be compelled to do anything to help the man. The bar, on the other hand, could be compelled through the threat (or actual pursuit) of a civil suit. The idea is not to hold the bar responsible, but to force them into helping the victim hold his assailants responsible in civil court, while keeping a suit against the bar in reserve in case suing the attackers fails.

    In short, suing the bar is not the end, but the means to another end.

  19. #19
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    Quote Originally Posted by Hef View Post
    A man was assaulted. Law enforcement obviously doesn't care and likely can't be compelled to do anything to help the man. The bar, on the other hand, could be compelled through the threat (or actual pursuit) of a civil suit. The idea is not to hold the bar responsible, but to force them into helping the victim hold his assailants responsible in civil court, while keeping a suit against the bar in reserve in case suing the attackers fails.

    In short, suing the bar is not the end, but the means to another end.
    He could easily subpoena the tape and employee without the threat of a lawsuit. Based on what has been shared so far I find the threat of a lawsuit against the establishment in poor taste.

    The OP is a member of this forum and should have been cognitive of his surroundings. Damn, I just blamed the victim. What I mean is while you can certainly sue and win against an establishment for their failure to protect you that doesn't mean you should. I reserve technicality lawsuits for predatory businesses. Bars have enough issues with Dram shop laws. I believe in personal responsibility.

    If this bar disarmed him (I don't know the laws in his state) and then he got injured because of his inability to defend himself they would be lawsuit worthy.

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    Re: Assault on Old Town

    Bar did not disarm me. I did not OC due to the fact we were having a small bachelor party for a friend, and getting wasted was planned, I chose not to carry. Maybe choosing not to drink would have been the better idea. Being that I had a few drinks and was laughing it up with my friends my SA was impaired. I appreciate everyone's opinions.

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    Assault on Old Town

    Quote Originally Posted by SPOProds View Post
    Bar did not disarm me. I did not OC due to the fact we were having a small bachelor party for a friend, and getting wasted was planned, I chose not to carry. Maybe choosing not to drink would have been the better idea. Being that I had a few drinks and was laughing it up with my friends my SA was impaired. I appreciate everyone's opinions.

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    Not drinking would have been the best choice, but as we all know, hindsight is 20/20. After many years as a patron and then as a bouncer, I have seen all of the bar scene that I ever want to see. I rarely drink a beer anymore, and it's almost always just a beer with my meal or a pint at 4PM with my business partner.

  22. #22
    Regular Member MainelyGlock's Avatar
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    In my opinion, file your report and then move on. There's simply no need to try and sue a bar because they could not keep you from getting punched. Stuff happens, and if you did not require medical attention or sustain any type of serious injury then I'd recommend not dwelling on it too much. Like you said, a lesson for the books I had mine a few weeks ago and now the digital recorder goes everywhere my Glock does. Stay safe.
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    Re: Assault on Old Town

    I don't believe I will be taking an action. I appreciate everyone's opinions and input. If anyone would like the detailed story let me know, I'll post it.

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