So, three months after my scooter hit-and-run accident, my assailant’s first court date was this past Thursday. Lots of folks have asked about how things are going, so here’s the rather drawn-out latest chapter of the story:

Latest Chapter

The court start time was 8:30AM so Alli and I arrived at about 8:15. We squeezed into one of the crowded benches in the gallery. At about 8:30, Judge Holcomb entered, we all rose, listened to a quick prayer by the bailiff, and took our seats.

Court began with the Judge running through the docket, calling each defendant’s name, and asking them if they had an attorney. Out of about 30 defendants, about 5 weren’t there, and subsequently had their bail forfeited. (Perfect attendance is highly prized in court.)

My assailant was present. When the Judge asked if he had an attorney, Hit-N-Run-Bob said that he needed more time to get one. This prompted the Judge to remark that he’d (Hit-N-Run-Bob) had plenty of time ’cause this case goes back to when he (the Judge) “still had dark hair.”

After the roll-call, the Judge announced that he would be retiring to his chamber while the various District Attorneys synced-up with the various defendants and/ or their attorneys.

At this point the Judge left, and the place sorta turned into a classroom where the teacher’s just been called to the office. All of the attorneys stood up and start talking at once. We just kinda sat there. Not quite sure what to do, I went up to one of the clerk-looking ladies sitting up front, explained that I was a victim in one of the cases, and asked them who I should speak to. They pointed to one of the DA’s and told me that he’d probably the one handling that case and that either he’d come over and speak to me, or that the Judge will give me an opportunity to speak when the case comes up.

Meanwhile, Alli kept a watchful eye on Hit-N-Run-Bob who sat in the back row, fidgeted a little, and seems to talk to no one in particular about the degree to which our current legal system fails to realize the founding fathers’ intent of due process and a swift and fair trial.

At a bout 9:00, Hit-N-Run-Bob got up and left. Suspecting he was reverting back to his modus operandi, Alli volunteered to sneak out to the lobby to see what he was up to. After a few minutes, she returned to report that he had been speaking to one of the DA’s. She also pointed out that she had noticed Officer Bolton (the arresting officer) in the court room.

At about 9:15, Officer Bolton walked over to our side of the courtroom as he spoke to ADA John Lee. They stood in front of the clerk-looking ladies I had spoken to earlier. Alli and I were in the second row, so we could overhear parts of their conversation:

“…just ran into to him… guy was laying on the road… just drove off… he’s here somewhere”

Suspecting he was talking about me, I stood up at this point and made eye-contact with Officer Bolton. He noticed me and motioned towards me to ADA Lee:

“Yeah, there he is, over there.”

Confident that I was now going to get some “face time” with somebody who could help me, we sat back and began to take in some of the drama of the Chattanooga court docket.

A few minutes later, the Judge returned and started hearing cases. It was really interesting trying to piece together the defendant’s story from the charges and the Judge’s questioning. One case I recall, had the Judge questioning why a young man hadn’t yet paid back the pawn shop. The kid said he just hadn’t. When asked if he had a job, the kid replied that he had one now working for his father’s vinyl siding business. (At this point, I wonder, “is his father to blame for this low-life kid?” Then I think, “Man, I sure hope Fuller isn’t someday standing before some judge saying ‘Yeah, I have a job working for my Dad making stupid crap out of PVC pipe and strips of luan.’”)

It was during this case that ADA Lee walked over and asked to speak to me in the lobby. I followed him out (along with Officer Bolton), and he proceeded to explain the status of my case.

ADA Lee explained that he had spoken with Hit-N-Run-Bob and that he was less-than-cooperative. He then mentioned that in addition to the current charges, Hit-N-Run-Bob had filed a false Police report, which the State was unwilling to forfeit its right to prosecute him for. Apparently, the false report charge is a felony, is much more serious than the other charges, and greatly increase the chances that Hit-N-Run-Bob will spend some time in jail.

ADA Lee then explained how I’d be involved in the case. When the case goes to the Grand Jury, my testimony won’t be needed. After the Grand Jury, I will receive a letter in the mail telling me who to contact about the case. He said that I’d either be contacting the DA who will be assigned the case, or the Victim Witness Coordinator. He said one of them will keep me current on the case and let me know when I’ll need to appear in court.

Then, after I thanked him for his time (and he thanked me for coming down that morning), I went back into the courtroom and motioned to Alli that we could leave. Apparently, I’d missed most of a rather interesting case where Judge Holcomb was trying to ascertain whether the victim in a defendant’s latest assault case was the same as the one in the defendant’s previous assault case:

“And who’s the woman you assaulted this time?”

“My old lady”

“So then, who was it you assaulted last time?”

“Uh, she used to be my old lady”

“Well you’ve got a lot of old ladies, don’t you?”

As we entered the lobby, Officer Bolton called us over and explained the details of the case and his investigation. He told us how after driving awaiting from the scene, Hit-N-Run-Bob ditched the truck, went home, and reported that he had been car-jacked. Officer Bolton said that the Police were somewhat suspicious of this story, and after some questioning, Hit-N-Run-Bob finally confessed.

At this point, I inquired about the possibility of restitution since this whole episode had already cost us about $500 in medical bills and towing fees, in addition to the approximate $1,500 loss of the scooter, helmet, and clothing that had to be cut off of me in the emergency room. He responded that while restitution would probably be made part of any sentence Hit-N-Run-Bob received, it’s anyone’s guess as to whether he’ll actually pay. Officer Bolton then went on to relate how Hit-N-Run-Bob is routinely involved in selling drugs in that area and that he’s just as likely to choose to spend a year in jail as to pay restitution. He did add however, that the Court is generally more willing to punish unpaid restitution than unpaid fines. The reasoning being that the Court prefers to jail debtors to individuals before debtors to the State since the State losses money only one way in the former (cost of incarceration) instead of two ways in the latter (cost of incarceration plus the loss of fines).

So, we thanked him for his efforts in this case and made our way out of the court house. On the way home, Alli and I discussed what we had learned. We were both unaware that Hit-N-Run-Bob was/ is a dealer, and were both less hopeful that we’ll get repaid in light of this revelation.

I think basically, most defendants in a case like mine fall into two categories. First, he could be some kid who made a dumb mistake and panicked, but who could be compelled to do the right thing by making restitution (when faced with the threat of jail-time). Then, there’s the kind who’s basically a low-life which no amount of threat-of-punishment is going to influence. It seems, unfortunately, that Hit-N-Run-Bob is in the second category.

I guess I should prepare myself for a future in which I don’t get repaid for my damages. The upside of this is that one more suspected drug-dealer will be off the streets (for a little while, at least).

Oh well, it could have been a lot worse. I did after all, escape with basically no long-term injuries. And there are a lot of families of hit-and-run victims who’d have no problem giving up $2,000 to be in our situation. So, all-in-all, we thank God for keeping me safe, and hope He’ll use this to make us more thankful for the blessings we otherwise would take for granted.

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