Will DS be charged? I can't believe this happened

A few weeks ago someone posted on facebook that if you use martial arts as self defence you can be charged, well this happened to DS15 tonight. He went fishing and I always pick him up around 9.00p.m just before it gets dark. I pulled up in the car park and see two police cars and see they are on the pier. My body already started to shake because I know DS is there, I go over and at the start of the pier is an officer and he tells me I can't go any further, I tell him my son is down there I want to see him. He asked me DS's name and he talked on his radio thingy to the officers at the end and tells me I can go down. I literally ran, I could now see DS, so felt relieved. The officers had a guy in cuffs sitting on the pier, he was drunk and yelling. DS told me that this guy had come up do DS and grabbed one of his rods and started mucking around with it, he was mouthing off at DS and DS asked him to put his rod back. The guy did put the rod back but then grabbed DS and started mouthing off at him again, DS got out of his hold and that's when it turned nasty. He then grabbed DS again and started swinging at him and this is when DS used a Taekwondo move and ended up getting this man on the ground and with the help of another fisherman pinned him to the ground until the police arrived. He hurt this mans arm because DS said the man kept yelling out my arm, my arm. The police have taken a statement from DS and said I could take him home and they will contact us tomorrow. I told DS how proud I am of him and that he did what he needed to do at the time. I still can't believe this happened.

Regards,
Dianne

That must've been so scary. Is he ok?

I don't think he will be charged, it sounds as though he used it in self defence.

It sounds pretty clear cut self defence, especially as there were other fisherman there as witnesses..

How scary for your son! I am so glad he is safe and unharmed. I'm guessing the police took the other fishermans details also so fingers crossed the police may warn him against using the techniques if anything. Those skills could have saved his life (drunk, anger & water don't mix!)

He has another person as a witness too, he helped to pin him down and get him on the ground? Sounds like that guy needed to be restrained. I'd be extremely surprised if they charged him for using it in self-defence. It's probably better that he did rather than king hitting him or something!

I agree definitely sounds like self defence. I can't see why they would change him.
He must have been a bit shaken up by it...I hope he is ok.

It is possible that he will be charged, but it seems like a pretty clear cut case of self-defence (and I assume the other fisherman will be a witness who can support your son's story) so it would be pretty unlikely for any charges to proceed. If they did, they would probably be defensible, but I wouldn't worry too much about that right now. See what happens after statements have been provided.

oh diane, i can understand why you are upset and worried. i hope your son is ok and does not get charged. i thought anyone could protect themselves (if they knew how). Your son sounds like he kept a clear head, in a volatile situation. it's a nightmare, people off their heads, causing trouble.

Hugs hun how scary glad he is ok, hopefully he won't get charged given that he has a witness saying self defence.

Good luck for phone call tomorrow xoxo

He's pretty shaken up now, I think at the time it was all adrenalin and now he's actually realised what has happened. I'm so glad he wasn't hurt. I think he could only be charged if the man wanted to press charges, hopefully he is so drunk and probably won't even remember what happened.

Regards,
Dianne

I would hope that they see it as self defence as what else is your son to do to fend off a grown man who is intoxicated. I am so glad that he is safe and didnt get hurt. And i hope that all he gets is a warning.

How scary for you and your DS. I am glad to hear that he is okay.
I wouldn't think that he would be charged, for the simple fact that it was self defence, and he didn't do anything excessive (Example he didn't belt the Sht out of the guy!?! As another teenager might of done, so well done on your DS for keeping his cool, sounds like a fine boy you have there!)

The police can press charges whether the person wants to or not, but it doesnt really sound like a circumstance in which theyd do that.

I'm pretty sure that is a clear cut self-defense situation. I highly doubt he'll be charged. The guy that assisted him could possibly be charged but I think it'd be minimal. Hopefully Leesa (? sorry if wrong name) will pop in and clarify it

Not a hope in hell Dianne. Glad he's OK.

The only time the law allows police to press charges with a 'victim' (so a signed statement or video statement) is on the behalf of a deceased, a child or in a DV situation.
Any good policeman will take the drunk idiot home to dry out.

Thank you all for your reassurance, I didn't get to thank the man who helped DS pin this man down, hopefully he is a local and will be there again. DS said he wouldn't have been able to hold him down on his own and it's sad because there were others there but obviously didn't want to get involved.

Regards,
Dianne

wow what a remarkable son you have. Too have kept his cool like that and to defuse such a scary situation with a clear mind. Kudos to him (and to you for raising such a great young man). There isnt a hope in hell that he will be charged, there was no excessive force used, if anything dont be surprised if the police ask if your DS wants to press charges for assult. Huge hugs to you and to your DS, what a scary night.

With witnesses, I doubt he'd be charged. Good on your son though for talking to the guy first before using self defense :)
You should be proud (and I know you are) :) x

They would only charge him if he used 'excessive force'.

just as Misty said!
Legally you can use a REASONABLE amount of force to protect yourself or another person. What is reasonable? well, if he had of thrown an elderly frail lady down on the ground in a MA technique, that is not REASONABLE amount of force. A small woman can use much more force against a full grown man then what a man is alloud to use against a woman ITMS. So considering your DS needed assistance, he did not use excessive force or any more than what was reasonable. If anything, expect the police to ask you & your Ds if he would like to press charges on the drunk because that was assult. Don't forget, your Ds is only 15yo, the police should be coming down hard on the guy.... More than likely why he was sitting there hand cuffed!

Your poor Ds, he must have been really scared! I'm so glad you have given him the tools/knowelege to protect himself! The police will praise him, & so would a magistrate if it went that far (but it wont!)

What a nightmare :hug:

As the others have said it clearly sounds like self defence and he's a minor fending off an adult so I don't see how they could charge him.

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It is possible that he will be charged, but it seems like a pretty clear cut case of self-defence (and I assume the other fisherman will be a witness who can support your son's story) so it would be pretty unlikely for any charges to proceed. If they did, they would probably be defensible, but I wouldn't worry too much about that right now. See what happens after statements have been provided.

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:yeahthat:

How scary for you Dianne :hug: I am so glad that your DS is ok, he is a brave you man, and it was really lucky that there were witnesses and someone to help him.
I hope he is oing ok today and that you are ok as well :hug: xxoo

Thank you all so much, I didn't sleep much last night kept on thinking how it could have turned out so much different, he was very very lucky. DS is still asleep, he musn't have had a good night either. I'm going to give him the biggest cuddle when he wakes up.

Regards,
Dianne

Your poor DS, I think he did well considering his age. I'm so glad he's ok. I hope it all blows over.

He'll be right. What point is there in teaching kids self-defence if you...can't use it in self-defence?? I don't think you'll have any more issues with it. I hope we don't live in a world where an aggressor gets to counter-charge you!
He sounds like he'll be a great member of the community, does your son :)

Your son did what was needed Di and he should be commended for it. He kept his cool and responded appropriately. I can't see him being charged and I'm surprised the drunk could feel anything if he was that intoxicated. Huge cuddles are in order for sure :)

The issue with being trained in martial arts etc isn't that you aren't allowed to use it.
It is with the forewarning of the party against which you are going to use it.
I have a friend who is ex-SAS. He is not 'allowed' to get into fights etc with drunk morons, or anyone for that matter, because his training affords him knowledge that a lay person cannot reasonably have. He is deemed to be a 'lethal weapon' in and of himself.
So if he is being picked on by someone, he 'technically' has to give them warning of the fact he is trained and can kill them. IF he doesn't do this, and busts a guys nose, he can be charged with excessive force, even if it was self-defence. There are also issues with how the training equates to disarming and restraining as opposed to fighting back and injuring the other person.

Anyway, good on your boy, sounds like he kept his head and should be very proud of himself.

Sounds more like he used it to restrain the guy till help came. I'd definitely have an issue with someone with skills like that retaliating and causing injury because they were teaching a lesson!

Yeah, I can understand if someone trained in martial arts goes overboard and physically hurts someone but they are taught how to defend themselves without causing physical harm. He was just concerned that he had hurt the mans arm when he was keeping him pinned to the ground, even with the other man helping they were both struggling.

Regards,
Dianne

how is it going Diane? have the police contacted your DS about it? has he been interviewed/charged with anything?

fingers crossed it can be sorted out in interview.

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That must've been so scary. Is he ok?

I don't think he will be charged, it sounds as though he used it in self defence.

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And there was also another witness there, I think he'll be fine - if not shaken.

Thanks for asking, DS is fine and the incident hasn't put him off fishing, he went again yesterday. We havn't heard from the police so I'm taking that as a good sign.

Regards,
Dianne

LOL, i didn't think to ask about his love of fishing, glad there has been no further (police) action. big relief, i'm sure.

How is this situation going?