[Smidley]

To Whom It May Concern:

I am the victim in this case, and I have a few questions. Also, please consider this to be my victim impact statement to be submitted to the court.

Firstly, why is case 2006CM001386 cross-referenced with my case?

Secondly, why is Kyle only being charged with a misdemeanor? Statute 940.19 (2) states “Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.” Statute 940.19 (4) states “Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.” Statute 940.19 (5) states “Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.”

I have brought this up with your office before, and I was informed that the difference in wording implies broken bones, hospitalization, etc. Kyle’s (whom I had never met before the incident) unprovoked sucker punch caused a fracture of the anterior table (outer bone) of my right frontal sinus. In addition to the cosmetic deformity, I now suffer from semi-frequent sinus headaches in my forehead that have forced me to miss work and school, worsened cold/flu symptoms, excessive mucus drainage from my right nostril, nose bleeds from my right nostril, and, most recently, strange “fizzy” headaches on the top-right side of my skull. The fun doesn’t end: I am now more susceptible to potentially fatal “mucus balls” forming in the fractured sinus because the inner sinus wall is no longer uniformly smooth. I would call that substantial or great bodily harm.

What’s the point of drafting statutory law if criminals won’t be properly prosecuted under it? As I’ve mentioned before, I have brought this up with your office before on separate occasions (this is the third or fourth attempt). The usual response was “we’ll look into it,” but to my knowledge, very little “looking into” occurred. The last time, however, I was informed that he would be prosecuted as a felon only if he tried to fight the charge. Is the DA aware that there were five eyewitnesses all willing to testify against Kyle? Justice…are you there?

Finally, why is the status hearing continuously being delayed? The last date was supposed to be September 26. Now it has been delayed to December 4.

I understand that your office is very busy and that I am not the only victim of crime in this city. However, if Kyle is allowed to get off with a simple misdemeanor, I will be compelled to file a tort claim of assault against him seeking monetary damages. I feel that our court system is already clogged with civil suits – legitimate and frivolous alike – so I believe this course of action would be undesirable for everyone involved.

Sincerely,

Smidley

Note: If convicted, he will be forced to pay the hospital bills and missed work.

Any suggestions, additions, or omissions?

Also, what would you do.