• Rush and Lola
    218
    Now first of all theres two sides to every story but this is mine. January 2, 2022 I was walking my Golden Doodle Star through our RV Park. We walk long distance most day as much as 7 miles but try to average 5 miles. She and I have covered close to 2000 miles in our three years together, Well as we are strolling at a good pace I heard a dog start barking and look up and see a little dog and her owner and the owner had a 3ft oak baton in his hand. As we strolled by man and dog Star is slightly behind me at the moment and she stops. I stop too and turn my head and look to see whats up and in my horror this guy is striking Star once and pulling back after that hit and swings again and strikes her and she jumps at least 18 inches away as I'm moving to disarm this idiot and also grad his shirt collor to rake his tail over the coals.
    I was so mad I don't know exactly what I said but I give him a s piece of my mind and pushed him off and took the baton with me and cut it in half. Short time late sheriff shows up and I;m telling him what happen on my part and after I finish he says to my wife and I the guy had the right to hit my dog all he wanted and theres nothing we can do about it and that I was going to be arrested account the guy was over 65 and I said I'm 66. Next we noticed a guy walking towards us and he comes up to the officer and says, sir I witnessed the whole thing and Rush did nothing wrong that other fellow struck his dog numerous times and if it been him he would have beat the guys tail.
    Well the officer tell the guy if thats it then have a good day. He doesn't take a statement of nothing. I don't get locked up but two weeks later I get a notice to appear in court. I have been charged with Battery misdemeanor. Have been getting court put off for now 10 months now for reason of ours. Its now come to time for us to handle this. First thing it cost out of pocket $10000 dolllars for a lawyer. The eyewitness has come down with prostrate cancer and he is going through treatments. Luckily he has commented to helping me out even in his state of health. God Bless him.
    We hope to go in front of a jury to have this case tried. Guys I was trying to do the right thing and not harm him just cussed him out. He called the EMS and they weren't there 5 mins. after they found out he had struck my dog. They took his vital and he had no marks of him.
    After the law had left that day and I went to talk to the eyewitness and he assured me that he would testify if it went to trial account of he was a dog owner and he says to me , Rush that guy hit your dog several times before you turned around. I said then I don't no longer feel bad about what I did them .
    For those of you that pray I ask for your prayers in dealing with the State of Florida on this. Be careful out there this world has gone crazy for sure.
  • Ray
    1.3k
    Wow, that is terrible to have happened. The guy must have been a wack job or on drugs. :roll:
    If someone had been beating my beagle Angie I think I would have lost it or had to pull Anne off the guy. Hope you get it sorted out.
  • Tracey Cummings
    3
    That is just awful. Hope everything works out in your favor.
    Maybe the guy was looking for easy money (lawsuit) if your dog had have bit him. Like Ray I wouldn't have been so easy on the guy :(
  • jalandry47
    17
    That is outrageous. Good luck to you folks, I hope everything works in your favor. They should make him pay your legal expenses too.
  • Brian Snyder
    28
    Rush, as a dog owner also, I am praying for your favor in all this.
  • Drew
    68
    Rush,

    What a story. It's good you're getting a jury trial. Unbelievable remarks from the cop. As a former juror I found it satisfying to do my part in making sure justice was done- I pray your case ends the same way.
  • Rush and Lola
    218
    Here a update on things. We went to court Monday to give the Judge and Prosecutor the affidavits that say eyewitness can do a zoom meeting if court allows it. Well prosecution didn't want to allow it and the Judge looks at Prosecution and say I am allowing it. Then the Judge (who I believe was mad at the Prosecution for some reason) ask the Prosecutor have you contacted any of the people listed to verify any of this information. The Prosecutor looks at the floor and then looks up and says no your honor. The Judge then says if you'd do your job these people would not be spending there time and money in here. Prosecutor couldn't say nothing but I looked at the Judge and smiled. Now waiting to do the zoom meeting so the witness can tell his story.
  • Drew
    68
    It's starting off well for you. I hope the rest goes the same way...good luck.
  • Willie
    46
    Some context would help. Was your dog on a leash?
  • Rush and Lola
    218
    Yes Willie she was on a leash.What other context do I need to add plz?
  • Rush and Lola
    218
    Update

    January 4th 2023 I was found not guilty by a Jury of my Piers.
  • Rush and Lola
    218
    Thanks Ray, It took them only 15 mins to deliberate and find me not guilty. It was sweet to watch that butthole who hit my dog run out of court.
  • Dhuhn
    94
    Glad to hear
  • Rick
    12
    What was the total cost of going through this process? Just curious, so I can decide whether or not to do something similar in the future!
  • Drew
    68
    Congrats and thanks for the updates!
  • Jefferson
    5
    Congratulations, Rush, but, gee. It took over a year to resolve this in your favor. Feel really badly this bonehead used up any emotional headspace at all, let alone a year's worth. Hope you were awarded some court costs. Ask your attorney to file a Complaint with the Bar Association against the prosecutor, if he/she thinks the evidence is there for malpractice. At least make the prosecutor answer some questions about his behavior. Seems he was as much of a jerk as the Complainant.
  • Rush and Lola
    218
    My Lawyer was $10000 that was the minimum I tend to add that we were workamping and had to give up our free spot. Being Ft. Myers, Fl. area dictates amount lawyers are for a criminal lawyer. .
  • Rush and Lola
    218
    After this mess I soon go on with life and put it behind and enjoy the good times ahead. Thanks for the idea though.
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