Patron at theater kicked my granddaughter (24 yrs old) in the head. Police refused to arrest him. She was taken to hospital.

Asked about 1 year ago - South Gate, CA

My granddaughter (24 yrs) and I were at Edward's Cinema yesterday. She texted to check that her baby was ok with the sitter. Man 2 rows behind us saw the light of her phone. He yelled for her to turn it of. Then he moved directly behind us and kicked her in the head twice. I called police, the officer refused to arrest him. I took picture of man and also of my granddaughter on the floor of theater. Paramedics took her to nearby hospital for cat scan and sprained finger. I demanded 6 times for officer to arrest this man and he said my granddaughter didn't want him arrested. A total lie. My granddaughter's blood pressure was off the charts when EMTs checked it. Today she is very sore.

Attorney answers (3)

  1. Sarkis Jacob Babachanian

    Contributor Level 12

    2

    Lawyers agree

    Answered . Normally, cops don't arrest for misdemeanors committed outside their presence, but an exception is when a "breach of the peace" occurs like here. Thus, the police could have arrested him if their investigation resulted in probable cause that he committed a battery. The victim could also have made a private person's arrest. Finally, aside from criminal law, there is tort law which enables the victim to sue for battery (and possibly other causes of action) in a civil court with the possibility of collecting punitive damages. The victim should see a lawyer immediately; don't delay because too long a delay can result in a loss of rights.

    California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and... more
  2. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . The police were wrong. That does not solve your problem. Do you have a name of the man who did this? Without it, you have no remedies available unless you can demonstrate some breach of responsibility on behalf of the theater.

    Go sit down with a personal injury attorney to discuss possible remedies.

    Good luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Anthony Joseph Muhlenkamp

    Contributor Level 12

    Answered . I recommend you take her to the police department immediately and file a more thorough report. If they won't take it, ask to speak with the supervisor and make sure a report is taken. Save all of her receipts and medical bills. You will need that if the case gets prosecuted.

    You also have a personal injury issue potentially. Start with the police report, then you'll need an attorney also. Good luck.

    Anthony Muhlenkamp - 314-725-7777; amuhlenkamp@fjrdefense.com, Frank, Juengel & Radefeld, Attorneys at Law, P.C.... more

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