THE HIT AND RUN: NOT GUILTY, PART V

THE HIT AND RUN: NOT GUILTY, PART V

April 15, 2011, 3:52 pm
Filed under: Uncategorized

If this is your first encounter with this saga, I highly recommend you start at the beginning with HIT AND RUN, PART I.

Part V

The accuser did not HAVE to take the stand, but chose to. The judge motioned for the accuser to be sworn in and so began his testimony. He told of the events in a very exaggerated way. At one point he said that I had sat at a traffic light for thirty minutes. As he continued to talk I saw that not only his story, but his temper was unraveling. It was as if talking about the incident was causing him to get angry all over again.

He kept repeating that he was following me, stating that I was harassing him. He told the judge that he needed to follow me to take a picture of my vehicle. He claimed that there was no accident and that he didn’t even know that there was damage to his vehicle until the trooper pointed it out to him. He mentioned that he had just dropped his kids off at school and was headed home to feed his youngest child, who was in the car with him.

I was quite surprised that my jaw was not open in disbelief when he stated that he had a child in the car with him.

He had three photos with him that he wanted to use as evidence. The judge allowed it, though it appeared a measure to appease the frustrated man.

The first two photos were of my vehicle and were taken on the highway from behind me. All those two photos proved were that I was on the highway. There was no way to know the exact time or day that the photos were taken. The third photo was of the damage to his vehicle. Somehow, in his mind, it made sense to tell the court that he wasn’t even sure the damage came from my vehicle.

When the accuser had finished his rant the opportunity for questioning came into play. Both the prosecutor and my lawyer were able to question him.

When asked why he had followed me, he stated again that I had been harassing him because I didn’t turn when the light was red, even though I had my turn signal on.

When asked why he didn’t call the police, if I was harassing him, he stated that he couldn’t reach his cell phone that was in his pocket.

When asked why he followed me onto the highway, and out of his way, instead of heading home, he replied that he wanted to take a photo of my vehicle….because I was harassing him.

When asked what he used to take the photo, he remarked that he used his iPhone.

When asked why he didn’t then call the police, he gave no reason.

To remind you, he had originally issued two citations against me. One was for criminal mischief and causing damage to his vehicle in excess of $500.00. The other was for falsifying a police report. The first was reduced to a disorderly persons charge and the latter was dismissed altogether before the case was remanded from the superior court to the municipal court.

When asked if he knew for certain that the damage came from my vehicle, he said that he did not know if the damage was there before or not.

When asked why he issued a felony charge against me for causing damage to his vehicle when he wasn’t even certain that I caused the damage, he again drew a blank.

With that last question still echoing in my mind, the judge asked if any party had any closing remarks. Understanding the hint to move on, the reply was no from all.

What was probably 30 seconds seemed like minutes for me as I studied the judge’s face as he looked over the paperwork, no doubt mentally preparing his remarks.

He looked up at us and spoke.  He said that after listening to each side, taking into account all the evidence, and watching us and our body language and reactions, he did not think that the accuser was a credible witness. He said that he did not believe the story from the accuser that he “didn’t know” our vehicles had collided. He said that there was no way the force of an impact would not have been felt. He pointed out that if the accuser truly was the one being harassed, he would have taken steps to get away from me and not followed me. He also said that the fact that the accuser waited almost 30 days to file the charges was further proof against him.

He then declared me not guilty and the accuser guilty of the charges the state brought against him.  He ordered the accuser to pay a hefty amount of fines and fees and handed down a six-month license suspension sentence to him.

The accuser then asked about making an appeal. The judge informed him that he had a right to appeal and that in order to appeal all fines and fees need to first be paid and that the front desk clerk had the paperwork to get him started on the appeal process.

I cannot express the relief I felt. Almost a year of waiting, wondering, and worrying; I was free of all charges!

As I prepared to leave the table I thanked the judge, prosecutor, and trooper. I then turned to my lawyer and asked “what now?”  My lawyer informed me, first, that he was mostly certain that the accuser wouldn’t file the appeal in time or properly. And that if he did file it properly and in a timely manner, it’d surely be denied.

He assured me that double jeopardy was attached and nothing could be done to change the verdict, something I already knew, but was delighted to hear aloud.

With an Associates Degree in Criminal Justice and about ten classes shy of a B.S. in Legal Studies, I am fully aware of the options that await me.

But that is where this turns into a private matter.

I am truly grateful for the heartfelt support and prayers offered for the situation.

And I certainly hope that this is the last part of what once seemed like a never-ending saga.

Case closed.

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