Re: Toss that jerk from the Train
Author: Barstow Bill
Date: 07-31-2008 - 11:46
The problem with misdemeanors is that police officers cannot arrest unless it was committed in their presence. This means a citizen's arrest by the victim, or witness, which is generally not a problem, but in many instances the victim must appear at the D.A.'s office within a certain amount of time to sign the complaint. (in this case the Merced County D.A.) The victim must also later appear in any court hearings which may occur. It is obviously a problem for someone (an Amtrak conductor) who probably lives hundreds of miles away to make multiple appearances on their own time. Another problem is to determine the venue on a moving conveyance. If the incident occurred in Fresno County, but the police were called at the next stop - Merced - the venue is still Fresno County. Merced P.D. are very unlikely to make an arrest for a crime that occurred in another county, no matter what the circumstances.
I think kicking him off the train was the best option for everyone.