I Got Assaulted, The Guy Says That I Provoked It, And Now Both Of Us Are Going To Court For Assault....
Hi,
I'm 55, in MA, was walking through a parking lot and crossed into the property of an apartment building maybe three feet in. This is Boston and this path is taken by probably 100 people a day. A 42 year old guy happens to be coming out of the building and starts hassling me about it. I tell him that he's a jerk and needs to chill, and he tackles me down to the ground. I manage to get up and take some pictures of him. He runs after me and tackles me again, takes my phone (which is still open) and runs away with it deleting the pics, then throws it into a yard. I grab my phone again and take more pics. This time he really messes me up with two very cut up hands (from being on the ground and trying to escape), two skinned knees, and ripped clothes. He tried to destroy my phone this time, but I was able to throw it under a van while he was stomping around for it. I call the cops, and so does he because he knows that he's not getting away with this because I know where he lives.
The cops come, they interview us both, and I give them my story. It turns out that he is just a block away giving his (I thought he left the scene). He alleges that he yelled at me, and then I punched him in the face, whereupon he tackled me. The police report says nothing about any injuries to him (he had none because I didn't punch him, but the report is silent about this) but it does mention my injuries, the fact that I was covered in snow, that my clothes were torn, and that I was missing one earbud. Pics were taken and are in the report. One cop also found one of my earbuds right next to the place, half a block away where the third assault happened, so I guess that could corroborate part of my story. Also, though he lives in the building, he said nothing to them about a camera in the back which would have caught the initial assault, but I pointed out to the cops. I have no idea of if it works, but it's in the report. I also have one surviving pic of him coming at me and hiding his face from the camera.
So, the whole thing seems like a he said, he said but I seem to have some evidence while he has none. I do want him to face charges for what he did not only because he messed me up pretty good, but because he seems like he could be mentally unwell - not just because he tackled me after just some verbal back and forth, but because in all three assaults he kept saying things like. "Why are you making me do this?" At which point I was saying that he was the one instigating physical contact on all three occasions but he kept saying that I was a liar. I'm a small guy and this guy has 100 LBS on me.
So, any advice? I'm also wondering, do I need a lawyer for when this count case happens or is this the kind of thing where everyone just shows up and tells their story to a judge? DO I face any risk of actually being found guilty? I have zero experience with the legal system, never even getting a speeding ticket, so I'm pretty confused and worried.
Any help is appreciated.
Thanks.
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