Expert: Jason Grabill - 4/22/2004

Question
Hello, Jason,

Could you please give me your expert opinion as to the following situation:

On a subway platform while awaiting a train I observed unprovoked attack by one person on another in a series of punches to his head and I called for police. I figured that person could be a mental case and dangerous to anyone on platform. I knew he heard me calling for a cop, as he jumped after me in the same car of arriving train (even though he was facing doors of previous car) taking a seat across and starring expressly in my face. Is it a stalking, menacing or what? (The victim also entered the same car beside me).

P.o. showed up in open doors, asking if the victim wishes to press charges, and if so, he should go to the precinct rather than to sign papers on the spot. So the victim refused. However, I expressed concern now for my safety as attacker followed me for revenge because of my call for police help. P.O. did not care, even though it was my call for help. I think, now it was an issue of everybody's safety, not only for "victim" and P.o. had witness' account of assault.
He left without asking attacker a question, ID or removing him from the same car, doors closed right away and a train took off. It happened very fast and there was no chance to get out of the car. Right away the attacker jumped from his seat in a new series of assault on me AND the victim. I applied emergency brake and together with victim constrained this person, until the same P.O. arrived on the next train station and entered in our car, followed by another officers. By that time I sustained extensive dental injuries (apparently by some device I could not see).
However, it was not him, again, who arrest the attacker even this time. It was another P.O. officer downstairs of the subway station. Our P.O. on the contrary, held me for at least an hour before letting me go to the hospital with long-waiting ambulance, (even though I filed all necessary papers and gave my ID right away). He said that if I protest I will be taken to precinct.

The guy indeed had a mental record, he was on probation from previous arrest.

My questions are:
1)Should the officer ID perpetrator on 3rd party account of incident?
2)Is it really necessary for a victim to go to precinct "to file papers, complaint" or it might be done on the spot? I mean, that could turn him off from pressing charges.
3)Would the arrest be mandatory if officer asked perpetrator about his criminal status and discovered his probation? (again, on 3rd party report).
4)Are my complaint of stalking/menacing (I don't know what is correct definition for his jumping after me in the same car for revenge?)in addition to report of assault on another person, sufficient for police action?
5)As there was no reason for not making arrest at the second incident by an officer, who "investigaed" first incident, delegating his authority to another, new officer, and "assisting" arrest, does it show some kind of pattern, which I don't understand, or that is usual event?
6)Is holding me from the ambulance to go to hospital for emergency treatment constitute an unlawful detention, or what? What would be a resonable time for injured person to be held after signing papers?

Thank you very much for whatever input you are able to offer.

Respectfully, Vlad

Answer
Vlad:
 
  First, I'll tell you that laws in each state are different, so what may apply in Maryland would not in NYC, and vice versa.  Second, since I wasn't there, I don't know if another officers actions are influenced by other things going on, that you may not have known about, and that I won't know about either.

  I'll try and answer your questions the best I can, tho...

My questions are:
1)Should the officer ID perpetrator on 3rd party account of incident?

Not always, espicially if the victim in the case is uncooperative or refuses to press charges.  If the officer believes this is a 'good intent' call with no crime, then he's not going to do alot like IDing people.


2)Is it really necessary for a victim to go to precinct "to file papers, complaint" or it might be done on the spot? I mean, that could turn him off from pressing charges.


That depends on each state and departments policy.  As I understand NYC, that is their policy.  In Maryland, since I wouldn't have witnessed the assault, I would have advised you and the victim to go to the Court Commissioners office and swear out a warrant.  So, to answer your question, it probably is necessary to go to the precinct.

3)Would the arrest be mandatory if officer asked perpetrator about his criminal status and discovered his probation? (again, on 3rd party report).

No.  We are not allowed to use that to make arrests, unless the person is carrying a weapon or had committed a felony assault like Robbery, etc.  Now, the officer can certainly tell the persons Probation officer, who will 'violate' them, but we can't make arrests just based on that.


4)Are my complaint of stalking/menacing (I don't know what is correct definition for his jumping after me in the same car for revenge?)in addition to report of assault on another person, sufficient for police action?

In Maryland, you wouldn't have enough for 'stalking/menacing', altho you might have enough for a simple harrassment charge, in addition to the 2nd degree assault.  To make an arrest?  No.  Since the officer didn't witness the incident, he is prohibited by law from arresting someone for a misdemeanor he didn't witness personally.  Thus, you would have had to 'swear out a complaint' yourself, no doubt at the precinct.



5)As there was no reason for not making arrest at the second incident by an officer, who "investigaed" first incident, delegating his authority to another, new officer, and "assisting" arrest, does it show some kind of pattern, which I don't understand, or that is usual event?


No, not that I can see.  This happens all the time.  The 2nd officer may have just started his shift and was therefore more 'available' to take the arrest.  The 1st officer may have been out of his patrol area, or had another pressing call to handle.  The 2nd officer has the same authority as the first.


6)Is holding me from the ambulance to go to hospital for emergency treatment constitute an unlawful detention, or what? What would be a resonable time for injured person to be held after signing papers?

That one I can't answer, since it would be based on the officers perception at the scene, and what the Ambulance people told him about how injured you were.  No unlawful detention, tho, since the officer was investigating a crime.


Basically, the officer was unable to do anything because the law says we can only make arrests in certain instances, otherwise, we have to fill out a report, and have you pursue the charges.  The fact that you weren't allowed to go to the hospital right away, while inconvienant for you, shows that the officers were trying to do their job in getting the compliant signed, so they could lock up the bad guy.  If you hadn't signed the compliant, then they wouldn't be able to make the arrest.  It sucks, but that is the way the law works sometimes.

Best Regards

Jason