Cousin Arrested: Aggravated Harrassment Charge?

[RockIt]

My cousin was arrested by NYC police last week. His girlfriend completed a complaint with one sentence. It said "He (my cousin) said: I will kick your butt."

That was the extent of the complaint. No more no less.

He was seeing her. She said she didn't want to see him anymore. He then said he wanted $400 he loaned her to be returned as they agreed which was in another month or two" He helped her pay rent one month when she was out of work.

So, the police call him. Ask him to come talk to them. He is totally open and honest about everything. Says he never threatened her in anyway. If you knew him, you would know that he wouldn't threaten anyone.

Why did he get arrested? No evidence? Just her word?

His lawyer said it was a BIG MISTAKE to ever go to the police station without a lawyer with him. His position is that he went and spoke openly because he didn't do anything wrong. His view was "what was their to hide when there is nothing to hide"

What is he to do about a criminal charge that isn't simply her one sentence statement??

He is really beside himself and can not imagine that this has happened. By the way, he is highly educated, works for major firm, never has had a criminal charge of any kind made against him.

He is about as clean a person one could imagine but he is very worked out and a big former college football player in his early 30s. So, he is intimidating looking but about as decent a person as one could ever meet.

Totally harmless.

What can he do at this point besides respect the order of protection? How does one get arrested by someone who is obviously lying for her own purposes. Why isn't evidence relevant?

[retdetsgt]

His NYC lawyer can give him better advice than he will get anywhere else on what to do next.

If you're asking us "why" he got arrested, etc., I doubt anyone is going to comment w/o seeing the police report and all the evidence. No offense intended, but it might surprise you to learn that "sometimes" people come here giving us half the story and expect us to agree with them.

Hope it works out okay for your cousin.

[RockIt]

If you're asking us "why" he got arrested, etc., I doubt anyone is going to comment w/o seeing the police report and all the evidence.

These kind of forums only work if people assume the story is what it is. How can anyone comment on anything using the rule: "I can't see the evidence"

Who on this panel sees any actual evidence?

Would me posting copies of the police report with appropriate stuff whited out change anyone's answers?

Can we operate on the assumption: The police report consists of 1 sentence. The exact words I posted. NOT A SINGLE ADDITIONAL ITEM ON IT. NOTHING.

His lawyer says its the policy of the NYC police to arrest ANYONE who complains they "feel threatened" and no evidence is even vaguely required. His lawyer says that they will not prosecute him because they don't have a chance of convicting him, they simply want him to confess to the crime and take the penalty. FOR DOING NOTHING BUT BEING A DECENT PERSON.

I can't fathom that being the policy of the NYC police but I don't doubt his lawyer (sort of). One person's word and NO EVIDENCE gets someone arrested?

Does this ever happen anywhere else? Is this common law enforcement policy? And why is someone's "word" enough to get someone arrested. And why would they arrest him if they know they have no chance of prosecuting him with "her word alone"

[RockIt]

in a hearing before a judge.

If a prosecutor says to the judge: "We are asking that the criminal complaint move forward...ya da ya da..." The defendant continues to and has been witnessed doing x, saying y, and doing z.

If it is absolutely a fact that the defendant has not been doing, saying, anything of the sort since the person has been working in Japan the entire time and was never been in New York City until he arrived on a plane the day before.

So, its an absolute lie what the prosecutor said to the judge.

What remedies if any exist concerning prosecutors making up what ever story they feel like telling in hearing?

And why would a prosecutor look the judge in the eye and lie through his teeth like that?

[retdetsgt]

His lawyer says its the policy of the NYC police to arrest ANYONE who complains they "feel threatened" and no evidence is even vaguely required. His lawyer says that they will not prosecute him because they don't have a chance of convicting him, they simply want him to confess to the crime and take the penalty.

Sounds like you already have the answer, don't you? If he didn't confess to the crime and said he didn't threaten her, he should be okay then.

You want us to say, "BAD NYPD!"? If that's the policy, I guess it's the policy. But it's made by people who aren't on this forum.

Even though it's your adult cousin that got arrested and not you, apparently you're angry about it. But coming to a police forum and ventilating probably isn't going to give you much satisfaction. This is between your cousin and NYPD, perhaps he and his lawyer should take it up with them rather than you look for answers on an Internet police forum.

[retdetsgt]

If you have proof the prosecutor intentionally lied, file a complaint with the state bar association.

[mcsap]

Agree with RDS.

And make sure you have your facts straight if you choose to do this.

Do you have a lawyer representing you ?

[Kimble]

If you have proof the prosecutor intentionally lied, file a complaint with the state bar association.

In addition, IF YOU HAVE EVIDENCE OF A PROSECUTOR MAKING A MATERIAL LIE AND NOT SIMPLY A BELIEF/UNFOUNDED ACCUSATION OF THIS OCCURRING, notify the state attorney general's office. This is often the agency in the state charged with investigating public corruption (along with the FBI).

[mcsap]

As much as I dislike lawyers , they do serve a need.

HIS lawyer has the MOST information about this case , more than you even know about. NONE of us know ANYTHING about this case but we do know ONE side of the story when we see it. Even you don't really know what transpired between these two beyond what your cousin told you. If he is as squeaky clean as you say , his lawyer will get this cleared up.

Nobody gets an Agg Harassment based upon the simple statement ALONE of " I will kick your butt" said in a non-infammatory manner , not holding a weapon etc. etc etc.

If he is 6ft 4 250 lbs, intoxicated and carrying a baseball bat and he screams at her in a movie theater while rapidly advancing towards her and she is 5 ft 2 @ 105 lbs.........

Edit to add, this specific charge in PA only can be used against a prisoner. We would have to use Dis Conduct or Simple Assault .

[Samuel]

You should keep all your allegations and assumptions in one thread (the thread you already started on this topic).

[GoDirectly2Jail]

I agree with the responses in the other thread. You seem very agitated over something that doesn't involve you as a principal.

[Joeyd6]

You should keep all your allegations and assumptions in one thread (the thread you already started on this topic).

Good point! Merged the two threads to keep it simple.

[Joeyd6]

My cousin was arrested by NYC police last week. His girlfriend completed a complaint with one sentence. It said "He (my cousin) said: I will kick your butt."

That is aggrevated harassment in NY.

That was the extent of the complaint. No more no less.

Doesn't need to be. Any comment made that has the "intent to annoy, cause alarm..." is deemed harassment. Domestic violence starts with threats. It then progresses into viollence. The State of New York takes domestic violence situations VERY seriously. Word is all you need in NYS, thus to allow victims to have their voice heard.

He was seeing her. She said she didn't want to see him anymore. He then said he wanted $400 he loaned her to be returned as they agreed which was in another month or two" He helped her pay rent one month when she was out of work.

Now the situation is a "domestic" case which means the cops have little room for discretion. If somebody claims something, somebody gets arrested. It is not the cops job to be the judge and jury and decided the validity.

Why did he get arrested? No evidence? Just her word?

Because she claimed he did. This is a case of "he said she said" and cops don't get involved in that. She filed a complaint and as a result of being a "domestic" situation, somebody gets arrested.

His lawyer said it was a BIG MISTAKE to ever go to the police station without a lawyer with him. His position is that he went and spoke openly because he didn't do anything wrong. His view was "what was their to hide when there is nothing to hide"

Not relevant to the facts. We catch people all the time who are guilty and have things hiddens on them who then consent to a search. Some think they can out-smart the cops or smooth things over. Not that your cousin did any of that. But we talk to people all the time, some guilty, some innocent.

What is he to do about a criminal charge that isn't simply her one sentence statement??

He gets a public defender or lawyer and fights it in court with FACTS that dispute the testimony and evidence she gives to the Prosecutor.

What can he do at this point besides respect the order of protection? How does one get arrested by someone who is obviously lying for her own purposes. Why isn't evidence relevant?

Evidence is for court. Domestic violence is based on statements made (sometimes bruises buts mostly statements), as most victims do not come forward immediatley.

[Curt581]

By the way, he is highly educated, works for major firm, never has had a criminal charge of any kind made against him.

He is about as clean a person one could imagine but he is very worked out and a big former college football player in his early 30s. So, he is intimidating looking but about as decent a person as one could ever meet.

Totally harmless.

All meaningless.

We don't know him. We don't know what he would do or wouldn't do. Nor do the cops that arrested him.

For that matter, you don't either. No one can ever really know what's in another person's head. Under the right set of circumstances, or the right sort of provocation, anyone is capable of domestic violence. Him, her, you, me... anyone. The thought of a person committing an act which is uncharacteristic does not equate to the person being "incapable" of the act. "Unlikely" is not the same as "impossible".

[RockIt]

Sounds like you already have the answer, don't you? If he didn't confess to the crime and said he didn't threaten her, he should be okay then.

You want us to say, "BAD NYPD!"? If that's the policy, I guess it's the policy. But it's made by people who aren't on this forum.

Even though it's your adult cousin that got arrested and not you, apparently you're angry about it. But coming to a police forum and ventilating probably isn't going to give you much satisfaction. This is between your cousin and NYPD, perhaps he and his lawyer should take it up with them rather than you look for answers on an Internet police forum.

I appreciate your reply. Our entire family is stunned that someone of such high character was arrested, and it was based on "a word, one sentence"

And so, I am curious if this is common? is it the policy of other police departments? And why would anyone on some level talk to the police without an attorney?

His attorney said:

1.) I would have never let you into that police department
2.) I would have never let them speak to you for any reason
3.) And any question they asked, I would tell you to deny, deny, deny.

So, its really aggravating for him that he didn't realize how important it was to never speak with the police even when you KNOW YOU'VE DONE NOTHING WRONG.

Its not about doing wrong, its about, getting 'trapped' in some policy that the police are going to enforce even though it is not based on credible evidence of any kind. Its one person's word, about something someone supposedly said.