Legal Question in Personal Injury in California
Personal Injury with guns
My boyfriend was shot recently at a billiards hall while with some friends. A stranger came into the pool hall, initated an altercation by punching my bf in the face and then ran outside. My bf ran after him with a cue stick in hand and as soon as he was out the door, the suspect shot my BF 3 - 4 times with a .40 caliber and took off. The DA said the suspect is claiming self defense and dismissed the case with no charges. Is this possible and legal? the suspect was arrested when he claimed his car was stolen and the police told him to go down to the station to file a report. He is also a former marine.
2 Answers from Attorneys
Re: Personal Injury with guns
I would take Mr. Roth's advice, and would also add that something is missing. Your facts are extremely one-sided, and you do not state whether you were a witness or not (my guess is "not"!).
It is both possible, and legal, and the D.A. obviously felt there was not even a slim chance that the shooter violated the law.
Your boy friend has, at best, a civil law suit for damages, because there is a different standard of law to judge a civil case from a criminal one.
If you recall the O.J. Simpson case, a criminal case jury found him not guilty, while a civil case jury found him responsible for millions in damages. Same thing here!
Re: Personal Injury with guns
A prosecutor has prosecutorial discretion and can choose not to file a case for many reasons. Your boy friend's family can and should file suit against the former marine, the billiard hall owner and any other defendant he may be able to find. Unfortunately you have no standing to sue as the girlfriend. Only his parents or children.
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