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posted
So, here are the facts:

Victim goes to the PD and files a criminal complaint against a nephew for threatening him with a firearm. The victim has no witnesses to back up his version of the story. The alleged suspect has 4 family members who were witnesses to the incident. They made statements that support the alleged suspects story that no firearm was used or displayed.

The victime here, is also the subject of a criminal investigation for harassment and assault against the suspect and his ex-wife all arising under the same incident.

It is basically the victim's (1 person) word against the alleged suspect and his family members (5 people).

The PD contacted the DAs Office and wants to know how to pursue with the case.

What do you folks think?
 
Posts: 27 | Registered: April 03, 2013Reply With QuoteReport This Post
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You obviously do not want to cross-file in any situation. You could tell the police to make their own credibility decision as they do every day. It is hard for you to do that without interviewing the witnesses. Or you could take it directly to the grand jury and probably obtain a no bill.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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