Expert: Jack Toomey - 4/22/2004

Question
Dear Jack,

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?

Jack, thank you very much for whatever input to this event.

Respectfully, Vlad  

Answer
  Since the laws are different in every state I do not secod guess or give opinions about the actions of police officers in the performance of their jobs.  I would have to be present, intervew everyone involved, etc, before I would do that.  I hope that you undestand my postion.