Re: Knocked on neighbor's door and he knocked me off the por

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No.
Yes.

On 3/14/05, Markus Schneberger wrote:
> Thanks for your reply! :-)
>
> I have told the detective that I wish to prosecute. Is there
> any way I can compel the attorney to bring charges. Or, is it
> at his discression to decide if charges should be brought?
>
>
> On 3/14/05, Ozarks Lawyer wrote:
>>
>>
>> If the neighbor gets charged, you won't. The prosecutor is
>> not going to want to impeach his own witness and create a
>> defense by filing charges on the victim for the exact same
>> incident. That's just how it works.
>>
>> Next time bathe before you visit your neighbor. He will be
>> less likely to throw you off their property if you don't
>> smell up his entire lawn. Just kidding.
>>
>>
>>
>> On 3/14/05, Markus Schneberger wrote:
>>> I really need some advice here.
>>>
>>>
>>> Last Thursday night-at about 1 a.m.--I was awoken by a
>>> neighbor's loud barking dog. So, I went to his house,
>>> walked up his walk (there is no fence or gate) and knocked
>>> on the metal part of his storm door. I wanted to ask him
>> to
>>> quiet his dog.
>>>
>>> Before I got any words out, he answered his door, came
>>> running out and punched me so hard in the chest that I
>>> literally fell off his stoop and into his yard. He then
>>> told me that if I came back he'd kill me.
>>>
>>> This is only the second time I've had contact with this
>>> neighbor. The first time was in January--at about 2 a.m.--
>>> when I went to his house and asked him to please quiet his
>>> dog. He was apologitic and got the dog to be quiet.
>>>
>>> After being hit by him last Thursday, I immediately called
>>> the police, and the officer came out and took the
>>> information. He then encouraged me to press charges. Then,
>>> he went and talked to the neighbor.
>>>
>>> The neighbor told the police that I was trespassing and
>>> that I was so drunk that when he "pushed me" I staggered
>>> off his porch. He said he was just protecting his
>> property,
>>> and that he had told me the last time I came over to not
>>> come on his property. Incidentally, I had not been
>> drinking
>>> but had been sleeping all night.
>>>
>>> I have a witness who can claim that he never told me to
>> not
>>> come on his property.
>>>
>>> I have asked that he be charged with assault and battery.
>>> The detective has taken pictures of my wounds and
>> forwarded
>>> them to the city attorney. However, I'm afraid that the
>>> nieghbor will try to have me charged with trespassing or
>>> the city attorney won't take my case seriously and say
>> only
>>> that he feels the neighbor was justified in protecting his
>>> property.
>>>
>>> Help, what should I expect and what should I do so justice
>>> is served?
>>>
>>> Any help would be greatly appreciated.