i was carjacked

[OS]

Originally posted by: JEDI
why didnt they charge him w/assault?!

wait.. did the police/da office involve you in the prosecution process?! (doesnt sound like u were included much)

yeah the DA office did NOT tell me anything nor did they contact me, I have been calling on and off for the past couple weeks and none of the receptionists could find anything. Several weeks ago the detective did tell me he was in jail after he was apprehended, but that is all I heard.

Somehow this week I actually got some more info and i was told it was already heard and it was closed. WTF. There was no actual trial because the guy admitted to it, but still he got off easy. The probation officer I spoke to didn't know specifics but she says it was probably plead down to a lesser charge.

 

[OS]

Originally posted by: Marlin1975
If you ahve not recieved full funding for your car and medical bills (if any) then file a civil suit against him. If its less then a certain amount then do small claims.

I'm not totally in the clear about the civil penalties yet, I can only be paid out once on my behalf, that is as some of my losses are partially covered by insurance, I cannot claim the same loss again in court for myself. Payouts would have to go back to insurance.

My auto insurance has indicated they may pay me out for my injuries via their uninsured motorist coverage, but that only extends up to 30K. I have briefly spoken to my cousin who is a lawyer about this and he thinks my injury is worth around that range, so I need to ask him again if do max it out, can the rest be directly stuck to the perpetrator.

For medical bills, it is around 10K, I have health insurance, but they are being dicks and only partially covering some of my bills. There is a victims of crime in CA which I can also apply for.

The car has been declared a total loss and was valued at ~12.5K.

I am thinking about just claiming insurance/VOC everywhere appropriate and then providing full case information to the insurance companies, who have indicated they can go after the guy himself. Since he is probably a deadbeat, this way I will actually get paid out, particularly on the injury claim.

If in the end my insurance company does not pay out substantially for my injury, I will then sue him myself. There is a 2 year limit in CA on injury claims so I have a bit of time to see how it works out. I'd rather have a large award against him myself, than a small meaningless one indirectly.

 

[RagingBITCH]

Wow, they can't charge him as an adult? WTF?

 

[RagingBITCH]

PS, sorry to hear If you can hold out, wait for an 08 Accord

 

[eleison]

Originally posted by: RagingBITCH
PS, sorry to hear If you can hold out, wait for an 08 Accord

California justice

 

[txrandom]

People like him get off after 60 days with no other repercussions, but I take a left turn where it's perfectly fine to take one and I get fined $300.

You should carry around a gun.

 

[Kelvrick]

Originally posted by: txrandom
People like him get off after 60 days with no other repercussions, but I take a left turn where it's perfectly fine to take one and I get fined $300.

You should carry around a gun.

Really hard these days in California... Can't even keep one in your car.

 

[zinfamous]

Originally posted by: OS
sunday I was at the best buy parking lot in rancho cucamonga, ca, 3 PM or so, i had just gotten some juice from the juice store. While walking across the parking lot from the juice place to my car, this guy looking about 18-23 was looking at me standing on an island at the end of the parking row.

I opened up my car, turn my head and suddenly I see the same guy throwing punches at me in the face while screaming "f*ck u f*ck u", he had followed me real quick. At first I was like what the hell, does he have me mistaken for someone and then he knocked me down from the punches. Then I finally understood it was serious, I got back up to fight back but then he grabbed my keys, jumped in the car and locked it. He drove off after that.

I walked back into the best buy dripping blood and everyone just stood around looking dumbfounded, and I told the door guys to call the police and an ambulance. I gave the police the same story as here and the ambulance took me to the hospital where they gave me a CAT scan and said my nose was broken in multiple places and that I would need reconstructive surgery.


if you are in socal, plate is 5EGX823, it has a chrome rear license plate frame that says "Cal Poly Pomona" and has no front plate. If you see this car please call the police. If possible tell them where it is headed. I don't care so much about the car being recovered but the guy apprehended.

ed sorry i am losing track of time

ed, they caught the guy, he crashed the car late tues/early wed.



ed, update again,
ugh, i found out yesterday he is being released after just 60 days because he is a juvenile and he is going on probation.

man, i never realized how f*cked up this "justice" system is. They did not even charge him with assault.

what a pisser...maybe you should find where he lives and carjack him?

 

[50cent1228]

wow i would have killed that kid

 

[illusion88]

Originally posted by: 50cent1228
wow i would have killed that kid

lol
I bet you would fit right in Federal Pound Me In The Ass Prison.

 

[buzzsaw13]

Originally posted by: Kelvrick

Originally posted by: txrandom
People like him get off after 60 days with no other repercussions, but I take a left turn where it's perfectly fine to take one and I get fined $300.

You should carry around a gun.

Really hard these days in California... Can't even keep one in your car.

You can keep one in your car, but there are some pretty big rules. You need to have it unloaded, and kept concealed in a locked container.

 

[Kelvrick]

Originally posted by: buzzsaw13

Originally posted by: Kelvrick

Originally posted by: txrandom
People like him get off after 60 days with no other repercussions, but I take a left turn where it's perfectly fine to take one and I get fined $300.

You should carry around a gun.

Really hard these days in California... Can't even keep one in your car.

You can keep one in your car, but there are some pretty big rules. You need to have it unloaded, and kept concealed in a locked container.

Can't keep one ready to use, i mean. In situations where you need it, its kind of hard to unlock the container, take it out, load the magazine (in the case of a semi-auto) and then use it.

 

[Zysoclaplem]

Move to Texas. You can kill people here for looking at you funny.

 

[OS]

Found out a bit more yesterday, since the carjack actually happened in san bernadino county and the guy was apprehended in riverside county. Because of this, somehow the guy was prosecuted in riverside, but only for the crimes that occured in riverside county, (gta, hit and run).

He was NOT prosecuted for the carjacking/assault itself, that the riverside DA in fact mentions he could still in theory be prosecuted for the carjacking itself. He says the reason they went like that is because for juveniles, there is no difference in punishment so they just prosecuted for the crimes in riverside only. WTF.

Anyways, I will call the san bernardino DA next week to ask them to charge him for the actual carjack.

 

[Howard]

Man, what kind of justice system is there where you can't chop off people's balls?

 

[0roo0roo]

oh, this is total sh*t list stuff. find out his info so if you ever get terminal cancer...well you'll have a few things to finish before you die

 

[Muadib]

Sorry you had to go through this OS. It's really sad that this scum is getting off so lightly.

 

[buzzsaw13]

Originally posted by: Kelvrick

Originally posted by: buzzsaw13

Originally posted by: Kelvrick

Originally posted by: txrandom
People like him get off after 60 days with no other repercussions, but I take a left turn where it's perfectly fine to take one and I get fined $300.

You should carry around a gun.

Really hard these days in California... Can't even keep one in your car.

You can keep one in your car, but there are some pretty big rules. You need to have it unloaded, and kept concealed in a locked container.

Can't keep one ready to use, i mean. In situations where you need it, its kind of hard to unlock the container, take it out, load the magazine (in the case of a semi-auto) and then use it.

Yeah, it seriously sucks. I was planning on buying a sidearm when I turn 21, but it's such a pain in the ass to have it in my car. By the time I would have it ready to defend myself with, I'd probably already be dead.

 

[Zipp]

This is why I never leave home without my PM9 on my side.

The last thing I would want to do is use it but I will protect myself,my family and friends...And property.

Hope your recovery is going well OS.

 

[Accipiter22]

he's already getting out???? meanwhile somewhere a guy is serving 10 years for selling 30 grams of weed....ugh.

 

[OS]

i got him charged again, but he is only be charged as a juvenile again. :frown: His sentencing is tomorrow, should i bother showing up to make a statement?

The DA says whether i do doesn't affect the sentencing, so i am like whats the point.

 

[biggestmuff]

Originally posted by: OS
i got him charged again, but he is only be charged as a juvenile again. :frown: His sentencing is tomorrow, should i bother showing up to make a statement?

The DA says whether i do doesn't affect the sentencing, so i am like whats the point.

Yes! Show up and give a statement. This asswipe ripped you off!

 

[Tobolo]

Originally posted by: OS
sunday I was at the best buy parking lot in rancho cucamonga, ca, 3 PM or so, i had just gotten some juice from the juice store. While walking across the parking lot from the juice place to my car, this guy looking about 18-23 was looking at me standing on an island at the end of the parking row.

I opened up my car, turn my head and suddenly I see the same guy throwing punches at me in the face while screaming "f*ck u f*ck u", he had followed me real quick. At first I was like what the hell, does he have me mistaken for someone and then he knocked me down from the punches. Then I finally understood it was serious, I got back up to fight back but then he grabbed my keys, jumped in the car and locked it. He drove off after that.

I walked back into the best buy dripping blood and everyone just stood around looking dumbfounded, and I told the door guys to call the police and an ambulance. I gave the police the same story as here and the ambulance took me to the hospital where they gave me a CAT scan and said my nose was broken in multiple places and that I would need reconstructive surgery.


if you are in socal, plate is 5EGX823, it has a chrome rear license plate frame that says "Cal Poly Pomona" and has no front plate. If you see this car please call the police. If possible tell them where it is headed. I don't care so much about the car being recovered but the guy apprehended.

ed sorry i am losing track of time

ed, they caught the guy, he crashed the car late tues/early wed.



ed, update again,
ugh, i found out yesterday he is being released after just 60 days because he is a juvenile and he is going on probation.

man, i never realized how f*cked up this "justice" system is. They did not even charge him with assault.

YOU PRESS CHARGES FOR ASSUALT

 

[Ns1]

Originally posted by: biggestmuff

Originally posted by: OS
i got him charged again, but he is only be charged as a juvenile again. :frown: His sentencing is tomorrow, should i bother showing up to make a statement?

The DA says whether i do doesn't affect the sentencing, so i am like whats the point.

Yes! Show up and give a statement. This asswipe ripped you off!

can you file a civil suit as well?

 

[OS]

Originally posted by: NeuroSynapsis

Originally posted by: biggestmuff

Originally posted by: OS
i got him charged again, but he is only be charged as a juvenile again. :frown: His sentencing is tomorrow, should i bother showing up to make a statement?

The DA says whether i do doesn't affect the sentencing, so i am like whats the point.

Yes! Show up and give a statement. This asswipe ripped you off!

can you file a civil suit as well?

The main thing I am concerned about is that being charged as a juvenile again just means he will get slapped on the wrist again. They were gonna release him after just 2 months, but since i got him charged again, they are still holding him. But as a juvenile, they will probably just give him a pissy 2 month or so sentence again. Penalty for this crime as an adult is 3 years for first time so he is skating real easy.

civil damages are sort of a separate matter from criminal, but yes in theory i can still sue him.

however, my auto insurance co has offered to cover me for my injury under their uninsured motorist policy, which has a 30K limit.

My plan is to take their offer for whatever they give me, that way i can actually collect, since if I sue him myself, i may not see any money at all, even if i win and I can only collect damages once for this incident.
If my ins co pays me out, they will go after the guy themselves.

I was sent a letter by the DA office asking for receipts for direct damages, which my lost car, lost wages, and medical bills are about 35K, which he will be ordered to pay restitution. Furthermore, under state law, his parents may be held responsible for the debt and the debt accrues 10% interest if not paid. Note the 35K does not include any award for my injury.