Legal Question

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Well, I'd say that if he's victorious (and I think that he will be) ..that he'll have more than enough to seek damages in civil court to pay for any expenses incurred in a defense for a non-crime ..plus assault by a WM employee.
 
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Don,

Good luck. Its a shame that it comes to this. The lawyer's monopoly will make a killing off of this, at your expense and trouble. Really a bummer, but I have high hopes that you emerge victorious.




x2 Don. I wish you all the best in this unfortunate situation.
 
Don's story only solidifies my anti-wal-mart mindset. I hope you win that case Don. I've shown your story to several of my co-workers (who are already pretty Anti-Wal-Mart) - one of which is in his 3rd year in law school. When the case is over let us know - feel free to create a post in Off Topic too.

I hope you can do what Gary Allan said - "seek damages in civil court to pay for any expenses..."

So thats why the greeter kept my receipt ... they have to write down what beeps? It is amazing how many people they let go through the line while checking someone elses receipt - even if they beep. Pretty inefficient and just angers customers.
 
I really appreciate the support. This is incredibly hard to go through. Its also very hard on the kids. My two youngest daughters are adopted and the older one, who is 12, has a great fear of losing her daddy. The 4 youngest kids spent a lot of last week fighting, much more than normal. They have been better since the hearing. The stress on my wife is great too, however, we have the kind of marriage where adversity just makes us closer.

Part of what they are doing is bumping it up to a felony to get me to plea bargain it down to a misdemeanor. If I do that, I will lose a civil suit against me for sure.

I also now have medical reports as of yesterday. That is one of the advantages of being able to deal with the courts without an attorney, they have to tell you what is going on. There is nowhere in the medical reports where the doctors conclude I made his pre-existing condition worse, only that he claims I did. I won't say more out of fear that I may violate some confidentiality law. Once I file those medical reports with the court they will be available to all. My wife is a registered nurse and she was shaking angry when she read the medical reports.

Another thing, under Washington state law, when you are charged with assault and found not guilty by reason of self defense at trial, you can apply to have all of your costs reimbursed by the state. This not only includes attorney fees, but all other costs, including lost time.

They say never to attribute to malice that which can adequately be explained by stupidity. However, this is looking more and more like a malicious prosecution all the time. I don't get it, I actually supported the new prosecutor in the election last year and he knows it. If the court doesn't appoint an attorney for me, I plan to hire his opponent to represent me at trial, if it gets that far, which I don't think is real likely based on the previous and especially the new evidence.

Thanks everyone, Don
 
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The alarm sounded ..the doors wouldn't open.





If this is anything like the sliding doors around here, fire codes require that they pop open with only slight force. Don't let them psych you out.
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Part of what they are doing is bumping it up to a felony to get me to plea bargain it down to a misdemeanor. If I do that, I will lose a civil suit against me for sure.





Those who have never gone thru our legal system would be appalled at what happens. It often takes on a life of it's own that goes way beyond determining the truth.

How true the old saying, it's better to be rich and guilty rather than poor and innocent.

Best of luck. Keep meticulous records. Take care of your family.
 
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Those who have never gone thru our legal system would be appalled at what happens. It often takes on a life of it's own that goes way beyond determining the truth.




Most people who haven't observed the process in person assume that our adversarial system has something to do with "fair". It's very simply two opposing forces in an arena that are bent on winning their arguments. It has nothing to do with whether the crime/violation merits the prosecution to the degree of severity that the state seeks.

There's a political component to the process too.

Don't ever assume that our justice system has anything fair or balanced about it. It's a contest and a production with grandiose claims and accusations and lots of spin.
 
New update, Walmart has filed a victim compensation
claim for $ 20,326.67 & continuing. My attacker had
back surgery last February due to an work injury of
April 2006. An independent medical evaluation dated
11/20/06 recommended surgery. My incident occurred
11/24/06.

What do you think, could Walmart be trying to pass off
the liability for their worker's compensation claim
of a year ago onto me?

What do you think of people who would have someone go to
prison in order to get out of paying $ 20,000? Does
anyone really still want to shop at Walmart? Are you
sure its worth the savings on oil?

Don Lynch (Often indicted, never convicted)
 
I'm waiting for Wal-mart to employ bouncers.

Floor manager: "Hey Tiny, we need you over in aisle 3 (baby toys) right now. Meleé with difficult customer."

When I come upon Wal-mart, I do like Skippy does.
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A generality but may apply....

The guilty go with a jury trial,

The innocent have a judge make the determination.

Unsure if all states or just some allow the accused to opt for a non-jury trial with the judge making the guilty/not guilty determination.

An experienced lawyer will know the judges in your jurisdiction and what type of trial to opt for.

Also, jury selection is an art AND a science.

If a defendent decides to forego the lawyer and defend himself you still need to buy an hour of time with the local lawyer savy in regards to local judges; which ones cut slack for defendents representing themselves, which ones are pro-business.... a whole bunch of little things that can make the difference between winning and defeat.
 
Seriously, due to this ridiculous situation, would it be worthwhile for BITOGers to band together and write nasty letters to wal mart stating they will not shop there any longer because of this ridiculous situation?

Ill be the first, to write a letter of complaint to corporate and boycott wal mart.

I liked their cheap oil, but going there for that gets more annoying every time too.. this was like the straw that broke the camel's back.

JMH
 
Actually, I know all three superior court judges, and they know me. The presiding judge grew up in my little town (I am a newcomer, here only 23 years). Of the three judges, one I would file an affidavit of prejudice against, one I don't care for but think he would render an honest verdict and the one I prefer is the one I got.

Jury vs. non-jury. I have an inclination to go non-jury, but the attorneys I have discussed this with seem to think jury is the best way to go. For one thing, it will be hard to get a jury of twelve that doesn't have people who all like Walmart. In Washington, a defendant can generally elect to waive a jury trial, but the prosecutor can object and insist on a jury trial.

I do not plan to go to trial without an attorney, but I can handle everything pre-trial better without the interference of an attorney.

Publicity wise, this coming Thursday there will be a reporter at the hearing. She will be there because of a high publicity case of a female teacher who likes 16 year old girls. Last hearing she wasn't really paying attention to my case. I talked to her on Friday and she wants copies of all the documents and she will be paying attention. I don't know how that will turn out, but, Walmart does not advertise in the local daily paper.

Don
 
Don,
I wish you all the best.

From personal experiece, there's not too much justice in the legal system.
 
JHZR2, if you do write a letter please contact me, I will sign it! I think that is a good idea...

I have 5 sisters and 1 brother = big family = lot of trips to Wal-Mart during the year. I've already told mom Cicero17's (Don's) story and it got her upset. Now to get her to go to Target and elsewhere from now on. Wal-Mart is going to lose *a lot* of $$$ from my family this year.

As for cheap oil... You can get oil cheaper on sale at Pep-Boys or Kreagon? auto parts than at Wal-Mart. I've also seen open oil on the shelves at Wal-Mart that smelled very used... Now who wants to buy that?! I buy all my oil from Amsoil anyway - still cheaper than Mobil 1 with shipping.

Thanks again for the updates Don!
 
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