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Warren

Assailant's charges were reduced

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My son's apartment was broken into 11/09/2018 and he had to fight for his life against the intruder until the Stillwater Police arrived based on a neighbor's call to 911.   Case # CF-2018-474   My son suffered property damage, was banged up, bitten, and bruised, and went to the E.R. for treatment.   My son wasn't charged with anything.   The intruder was charged with Burglary first degree Felony.   My son asked to meet with the ADA Payne county and was told he would be kept in the loop.  He wasn't.  In December he learned a new ADA had been assigned and that all charges had been reduced to misdemeanors.  He recently met with the new ADA but it appears that nothing will be changed.  The police audio and video support their official reports of that night.  How can we get the original charges of felony reinstated before the hearing 02/11/2019?  If we can't, who can we file a complaint with to investigate if this case was properly handled?  Thank you.

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He can't force the ADA to charge the more serious offenses. Your son can try talking to the ADA's boss, the district attorney, but beyond that there is nothing he can do to get the charges changed. There are lots of reasons why a prosecutor might reduce the charges or go with a plea to lesser charges and it happens quite a lot. Victims are understandably rarely happy with those decisions.

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10 hours ago, Warren said:

How can we get the original charges of felony reinstated before the hearing 02/11/2019?

 

We?  This has nothing to do with you.  As for your son, all he can do is lobby the ADA and the ADA's boss.

 

 

10 hours ago, Warren said:

If we can't, who can we file a complaint with to investigate if this case was properly handled?

 

You or your son can file all the complaints you like with anyone you like, but the only person who might take a look at this will be the ADA's boss.

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