Thursday, October 3, 2013

The Incident: Update

I should update you on the incident. Initially we kept referring to it as “the accident” but considering that it was fully intentional, it’s certainly anything but an accident. I've said to Ben we really should refer to it as "the intention" because the intent of the driver was clear when he stormed out of that car.

I was finally able to speak with a detective from Chicago Police after three days in a row of calling and asking about our case.  I was essentially told that CPD get hundreds of these types of cases a day. The detective was surprised when I mentioned we have a picture of the license plate. It was not even written down on our original police report! Grrrrr! After giving the plate number, I received the same response as I had the night it happen; “oh out of state plates; we won’t be able to trace those”. I was given further explanation that they don’t have the resources or authority to go out of state to arrest someone.

However, we are left with two options:

1.   If we see the guy and/or car in person; we can called 911 and the police will immediately come and arrest him.

2.   If we happened to get the information of the driver, we could go to the CPD and file a summons. Basically, we and he would have a court date assigned and appear in front of a judge to discuss what happened.  If he was a no-show, then a warrant for his arrest will be made.  The police wouldn’t actively pursue him; but if he got caught speeding, etc; he’d be taken to jail because of the warrant.

Here’s where it gets interesting…we do have the name, DOB, out of state address and local address of the driver.  A friend of a friend pulled the information for us.  The ironic thing? His condo is literally within a block of where we spent 5 hours in the ER.  It’s near enough our apartment I’ve run by a few times; hoping to see him in his car.  I confirmed the name on his mailbox matches the name registered to the plates and it does.

In addition to the police, we’re lucky enough to have some connections to civil suite lawyers.  The first I talked to told me it wouldn’t be worth the time and money to go after the guy, basically because the medical damages were so minor.

However, the second lawyer said we could certainly have a case.  He recommended we call the information into the police.  From there we’d mostly likely have to identify the guy from a line up and the problem is; we can’t. It happened so fast and we were caught so off guard that we don’t think we’d know him if we saw him L. The best we could probably hope for is a confession.

At that point, knowing from trusty Google that his vehicle is a 2012 model and he purchased his local condo a year ago for a decent price; we know he has money that we go sue in civil court…but at the same time; it’s all so much energy, time and maybe money to put into this.  Really we just need some type of closure and are still trying to decide what that is.

The good news is that we have two years from the date we filed the report to decide.  The hard thing is that Ben keeps his emotions tucked away. It can be challenging to get him to open up.  Saturday night after a few beers, when some friends asked about it; he definitely opened up. I can tell he’s still upset about it and it’s so hard to see that; especially when he is typically this happy-go-lucky guy.

What would you do?


  1. Wow! I'm surprised you have so much info on the guy. I honestly think you guys should go after him. Especially if your husband is suffering emotionally from it. It would give you both a sense of closure and justice will be brought upon this jacka**.

    I'm just glad you're both ok *hugs*

  2. I'm a lawyer and I say go after the guy. It's the only way for you guys to get closure and for him to learn that he can't pull crap like that on innocent people!


  3. Honestly? It's not worth the time and energy you may exhaust to get nowhere. A few years ago our house was broken into and stuff was taken. The cops were called and finger prints taken and they told us to just sit tight, that when they found him they would be in contact. Well a week later, the guy came back. While I was home. In the shower. Thankfully he didn't get in and our neighbor saw him and chased him through Evanston after they called the police. Cops came and they caught him. And they have evidence that he sold some of our stuff to a pawn shop (I had to go and identify the goods) so they have him on attempted breaking and entering plus possession of stolen goods. AND when they picked him up, he had stuff on him from another recent break-in. So they arrest him but he posts bail. So we go to court. And he doesn't show. A warrant gets sent out for him and another court date is set. And again he doesn't show. Finally he's picked up for something else and they hold him in jail so our 3rd court date he finally has to show because he's in their custody! At first the prosecutor seems great and she wants to go after him hard--he has a history of break-ins and doesn't seem to be changing his ways. However by the 3rd court date, things have changed and the judge lets him go. With no punishment for everything he's done except for time served. Now I took off work each time to go sit in court for these hearings and we never got 75% of our stuff back. The cops knew he was the one who committed the crime but he was never charged so he got off scott free.
    I hate that you guys went through this but just know a law suit or charges may not bring closure and you may feel more upset afterwards.

    Oh and my husband will google his name every so often and turns out he's now living in NC and has pulled a lot of the same stuff there that he did here. Makes me mad he was never held accountable and I'm just now starting to feel safe again in my home (granted we moved since this took place but still).


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