My client and his son were each - according to the police report - attacked by a large, bi-polar relative, known to be violent. Relative had client in a choke hold and was passing out. Son tries to break choke hold; relative uses free hand to grab son's throat.
Client manages to get his gun out of his pocket, and orders relative to back off. Relative complies.
Son gets his phone out, dials 911, and gives phone to father, who reports the attack. Police come and arrest attacker, take photos, but also take client's gun and LTC to secure the scene.
Client and son are later summonsed by the District Attorney to testify against their attacker.
Almost four weeks later, that same PD seeks a criminal complaint for Assault w/a Deadly Weapon against the primary victim, my client, the father who had to defend himself and his son against a larger, violent attacker. Note this is in the SAME court the real attacker is being prosecuted in, where father and son will be testifying next week.
I told the Clerk Magistrate the wrong person was at this hearing, that nothing in the police report just read to her indicated any wrong-doing by my client, and that he was now a state witness against the real attacker. Note the PD had taken pictures of both victims at the scene, showing bloody wounds. NONE of those photos were produced by the police prosecutor.
My clients HAD taken photos, which I produced at the hearing, which photos the son identified during his testimony at the hearing. They should wounds on both father and son.
I also read the charges brought against the real attacker in this incident, which included strangulation and assault and battery w/a deadly weapon. It was obvious my client should never have been charged.
The Clerk Magistrate correctly dismissed the case.
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