Okay. I had a crime(aggravated battery) that was commited against me in Georgia back in late June of 2001. The police department did an absolutely horrible job on investigating this case in which led the case to be considered I guess a “cold case” until the D.A.'s office reopened the case in mid 2003. Without going into extreme detail, the guy that commited this crime was found guilty and sentenced in early 2005. Now, he won his appeal for “motion for new trial”, and since the case was “cold” to begin with, the D.A. has recommended to me that we accept their deal in which is he gets credit for time served(he was sentenced to 20 yrs. - 10 of them to be served in prison) and he remains on probation for 10 years without having any contact with me whatsoever.
My question to any lawyer/practicing lawyer is this. Do I have any grounds to sue him in a civil case? The statute of limitations is obviously run out, but under the “Discovery Rule”, I feel I have a chance since he was just convicted last year. I have heard many opinions, but IMO, I feel that you cannot name a suspect “John Doe” and allow the statute to run out. I feel that the day he was found guilty of this crime is the day that the statute begins. Further more, in the plea agreement that we are about to reach, part of the plea is that he pleads"Guilty" to everything. Any information on this would be greatly appreciated.
Step two. I also was wondering if I have a case against the City’s polic department as well. I am unsure of what/if any statutes fall in line, but I am wanting to sue them for mismanagement and negligence for doing a SHITTY job in the investigation.
Points of interest: The lead investigator on this case threw away criticall evidence. That same investigator interviewed two of the suspects at the same time. I have learned that any investigator learns in “Investigation 101” that you interview potential suspects seperately. Once again, that same investigator also told the D.A.'s investigators that at the time"I just didn’t have time to pursue this case because of other pressing cases."
I feel that the City should be held accountable for these actions by this investigator, because of his lack of interest and negligence/mismanagement, I was financially crippled($500,000 in medical bills) and I had no one to blame for the crime nor get restitution or Pain & suffering because of what I explained and much more that I didn’t explain.
Just so you know, the guy that was eventually found guilty set me on fire while I was asleep/passed out at a party.
Sorry for the long post, but any advice would be helpful…