Virginia  |  Criminal Law

Legal Question

Asked on: 6/18/10, 3:09 pm

Hello. My 10 year old son got choked to unconsciousness by another child in the nieghborhood. When I arrived my son was on the ground with snot covering his face, incoherent, and could not get up and walk by himself. After carrying him home in my arms and calling the doctor, I went to confront the mother of the accused child. This confrontation resulted in us arguing and spitting at each other. I flagged down the police, who were already in the neighborhood, and they went to my house and asked my son if he was ok, then proceeded to the other child's house to talk to his mother. I am unsure of who they talked to as far as the choking situation goes. They gave me a case number only in case I wanted to press charges. After trying to press charges on the child, the intake officer advised me that it was actually a felony, and in that case the police officer would have to take out felony charges. The officer now says that she can't do that because while on the scene, she was not informed that the other child rode up on a bike and immediately started choking my son, as in an "attack". I would like to obtain the police report that was filled out by the police, but am told that only an attorney can get that information. It seems to me that the job of a police officer would be to investigate a choking first and an argument between the parents second. I would like to know why the officer did not question my child further as to details of what happened, and why they did not press charges on the other child as a felony, regardless of whether it was an "attack" or not. The fact is that the child choked my son to unconsciousness, no matter what the reason or how it happened. Now I am in the position where I can only press simple assault charges myself, and would like to know 1) how can I obtain a copy of the report and 2) how can I handle the incompetent officer situation?

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