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Attacked During Tresspass/ Burglary

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WOT 88

Junior Member
What is the name of your state (only U.S. law)? Florida

I know this sounds crazy, but give me a second to explain.

My younger brother has a very bad substance abuse problem, as well as a mild case of autism. My family and I have been doing everything possible to steer him in the right direction, treatment, couseling, ect. He was arrested this past weekend for burglary, and possessing narcotics with no valid perscription.

When I heard the news, I pretty much wrote him off thinking he is where he needs to be, and that he finally dug the hole we have been warning was looming.
Of course I recieved his version of the events via his '' free phone call '' and basically let it go in one ear and out the other. However, out of curiosity I decided to obtain the police report for myself to find the truth, and I was shocked at what I found out.

Here's the issue.

According to the police report, he supposedly entered the home of a ''drug aquaintance'' univited through an unlocked door. When confronted by the home owner, the home owner stated ''what are you doing here, I am calling 911'' (This is as written in the police report) My brother stated, ''no, do not do that, I am leaving'' at which point the home owner struck my ''fleeing'' brother in the face with a rolling pin. Claiming an ''attempt subdue him until police arrive'' After the initial hit, my brother continued out trying to make it to his vehicle at which point numerous other family members joined into a gang style beating resulting in a broken jaw, fractured ribs, and numerous lacerations to his face and body.
He wasn't taken to the hospital until hours after his arrest, so the police didn't know the extent of his injuries until after they arrested him.
He was in the hospital for three days, proir to being transported to the pokey.

Here's the deal, these poeple knew him, they knew his name, what kind of vehicle he drove, and even where he lived. There was no reason for them to do what the did to him, they could have simply told the police that info upon arrival. Now he has huge medical bills he will be responsible for, and lasting injuries as he is sitting in the jail now with his jaw wired shut and nothing but motrin for the pain.


I am no expert on law, but I highly doubt the states attorney will pursue burglary charges based on the information in the police report, it will be trespassing if anything. There were three houses in this little well known drug village, in which the partiers would bounce back and fourth from. He may very well had words with the actual tenant of the property and was told not to come back in, however nowhere does it indicate he ever entered with any criminal intent, never did he show any aggression, never did he threaten violence. He was simply trespassing, was never given the opportunity to leave, he was beaten and the story was twisted by those involved to obsolve themselves of any responsibility for jumping the gun..

Would it be worthwhile to talk to a personal injury attorney, or would they laugh at him?

I also want to make clear that I am in no way advocating ANY of his behavior. As far as I am concerned he can sit in jail until the wheels of justice turn and he pays for his drug charges (and trespass if downgraded). He needs to learn a lesson out of all this....but bottom line, he didn't deserve what he got.

Comments, opinions? Thanks
 
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OHRoadwarrior

Senior Member
A police report is a written account of what the officer(s) was/were told. If your brother is the giving the info, it would be biased in his direction. Testimony of other witnesses could contradict that report. The alleged drug dealer and his associates probably declined to make statements or full statements, for obvious reasons.
 
OP,

Your scenario reminds me of a torts exam. Your brother probably has a civil battery claim for the injuries he sustained while he was outside the home and retreating away from those persons beating the snot out of him. He may even have a claim for injuries sustained inside the home, depending on Florida's defense of home/dwelling law. Some states let homeowners go to town on intruders, while other states require a reasonable belief that the intruder is going to cause death or serious bodily injury. Still other states just require a reasonable belief that the intruder is going to commit a felony.

oth
 

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