My partner hadn't been treating me well, no trust in the relationship, so my brother decided to have a word with him. Nothing changed a few weeks later, so my brother punched him (I was in the room and 2 others but no-one saw this, although we knew it happened) My partner never retaliated, shortly after my brother left the house, and my partner said he felt like getting my brother back for hitting him, he then left in pursuit of my brother with what I thought to be a knife (but could have been a number of things) The police were called and informed, they couldn't find my partner and so two intial statements were taken from myself and my brother. My brother never admitted to hitting my partner and because I did not see it happen I didn't say anything. Over the course of the next 2 days I received a text from my partner stating that my brother was ';gonna get it';. and a phone call saying same things. I was worried about what might happen so again the police were informed. My partner was then arrested on ';2 counts'; of ';threats to kill';. He was street bailed with conditions being, he must not come anywhere near me or my family (even our young dsaughter!) and must not enter our postcode. The trial begins at the end of October. He has also spent time on remand in a young offenders institution for ';murder'; of his mothers extremely violent and nasty boyfriend, in which he stabbed him for fear of his life. He was cleared of this because it was self defence. I'm assuming this is inadmissible in court however I can see it being brought up in ignorance. Shortly after his arrest myself and my brother made statement withdrawls as after thinking it through we decided my partner wouldn't have carried out these empty threats. We stated that we did not wish to attend court but have now been summoned well in advance of the case to give evidence. The only witness to the ';knife'; (I am not even sure it was that) is myself. The only evidence the prosecution have is an idle text message from my partner to me stating that my ';brother is gonna get it. and ';that it has been set up to happen';. If my brother admits to hitting my partner what is likely to be the outcome??Legal advice... Question.?
Your partner sounds like an ideal father figure for your daughter. Sounds like he deserves everything he gets.Legal advice... Question.?
The person who threatened to kill the other person multiple times and left the house with what you can only assume to be a deadly weapon will likely get to go to jail.
The fact that he did kill his step-father (in self defense) will be brought up, will be admissible to show a pattern of response to perceived threat.
Bottom line is your brother assaulted him; this doesn't give him the right to threaten to end his life. The fact that there are text records of him stating that and phone messages.. seems pretty open and shut to me.
In Florida a single count is worth up to 5 years in jail. I can't speak for the state that you are in.
This will hang on the fact that your ';partner'; had the option to call the police %26gt; ';walk away'; %26gt; every option apart from carrying it on with more aggro. Your brothers assault on him, although wrong was followed by a lengthy break and gave your ';partner'; the opportunity to act in a passive manner. Other than that I fully agree with the first answer.
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