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

  1. #1
    Registered User

    Dec 2007
    Geelong
    3,438

    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

  2. #2
    Registered User

    Dec 2008
    8,986

    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.

  3. #3
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

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

  4. #4
    Registered User
    Add Danielle_NZ on Facebook

    Jun 2010
    Springfield, QLD
    1,085

    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!)

  5. #5
    2013 BellyBelly RAK Recipient.

    May 2007
    Brisbane
    5,310

    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!

  6. #6
    Registered User

    Jan 2011
    Perth, WA
    1,245

    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.

  7. #7
    Registered User

    Jun 2008
    in the eye of a toddler tornado
    2,450

    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.

  8. #8
    BellyBelly Life Member - Love all your MCN friends
    Add Gigi on Facebook

    Jun 2004
    The Festival State
    3,008

    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.

  9. #9
    Registered User

    Jul 2007
    melb
    8,498

    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

  10. #10
    Registered User

    Dec 2007
    Geelong
    3,438

    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

  11. #11

    Jul 2009
    Australia
    5,102

    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.

  12. #12
    Registered User

    Jul 2006
    Cloud nine :D
    6,309

    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!)

  13. #13
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    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.

  14. #14
    Registered User
    Add CrazyLady on Facebook

    Aug 2009
    2,328

    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

  15. #15
    Registered User

    Sep 2005
    In the middle of nowhere
    9,362

    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.

  16. #16
    Registered User

    Dec 2007
    Geelong
    3,438

    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

  17. #17
    Registered User

    Nov 2010
    QLD
    394

    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.

  18. #18
    Registered User
    Add ElleJay on Facebook Follow ElleJay On Twitter

    Jun 2007
    Western Australia
    6,587

    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

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