Legal Question in Federal Tort Claims in California
attempted murder
oct 4,1983 I was shot by a man who was released on parole from the criminally insane prison. They thought I would not live to testify so he was returned to prison on parole violation for doing the exact same thing that put him in prison.
He was doing PCP and I was working in a bus depot. He was off parole and free two years later. I am on perm disability and my life is ruined. Can I demand he be tried for attempted murder at this time? This happened oct 4, 1983 Man who shot me is named Billy Ray Carter. He got out on parole one day from calif state prison in vacaville and the next day got his gun from pawn shop did some pcp and set out to rob someone. It just happened he picked me. Many days I am bedridden. I am doing life and he is the free. I have no idea who to ask and how to approach this. I was 26 at the time I was shot To top it off I had no insurance so noone would operate. I laid on bed at hospital for eight hours bleeding internally with massive injuries. I was left to scream in pain for 8 hours before they could find someone who would operate on me after being shop by a 38 special with a hollow point bullet crossways through the chest. Is there any help for me?
1 Answer from Attorneys
Re: attempted murder
Twenty six year old crimes against you do not provide any grounds for civil suit now. You had a year to file civil suit against anybody you thought responsible. That is long passed.
If the police and prosecutors at the time did not file criminal charges, it is not likely they will do so now just because you request it. Besides, the Statute of Limitations has probably also passed for criminal prosecution, just like it did for civil suit.
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