QUESTION
Can I sue this man for his lies as the charges were dismissed due to insufficient evidence after the prosecutor watched the video?
Asked on Jan 13th, 2017 on Personal Injury - California
More details to this question:
I was on a right of way that passes thru my property with a holstered weapon. One of the neighbors approached at a high rate of speed. Several of my dogs including my service dog were in the road, realizing he was not going stop after clearly seeing us, I stepped into the road. That forced him to stop, starting a verbal exchange that led to my arrest. The security camera video clearly shows I did not at any time point the gun at his head or any place other than the ground. It was un-holstered for all of 15 seconds when he attempted to exit his vehicle. He quickly shut the door and locked them. He alleged to officers, I stood for 2 minutes with the large caliber revolver pointed at his head while I shouted obscenities at him. My weapon was returned to me.
1 ANSWER
If the video shows the entire incident of your taking your gun out, pointing it at the ground for a few seconds, and then re-holstering it, you might have a civil lawsuit for him causing you to be arrested. If the police would have arrested you for pulling the gun out, even though it was always pointed at the ground, you have no case because his lies were not the cause of your arrest. The DA might choose not to prosecute even if you committed a crime because he felt he could not get a jury to convict you for a minor illegal act [or it was not worth the time to try you when at best you might just get probation with no jail time. I thought the rule was never to pull a gun out unless you intended to use it.
Answered on Mar 15th, 2017 at 7:30 AM