A few thoughts from the bar (no not the corner bar)...
I am quite late to this thread, but I hope ShyGuy reads this post. I am a lawyer who has been practicing for over 12 years and I used to do a lot of criminal defense work. It wasn't fun, I saw a lot of seedy crap, but it was great training for the stuff I do now on the civil side.
Anyway, it's my opinion that anyone who tells you to reply with physical violence is unwise, unless you are in fact doing so in self-defense. But, keep in mind that self-defense is something which has a
very narrow definition. Basically, if you can get away from him you can't hit him back.
Let's go to the tape.
The "elements" of the crime of battery in my state are:
- First, that the defendant caused bodily harm to the victim
- Second, that the defendant intended to cause bodily harm to the victim
- Third, that the victim did not consent to such bodily harm
- Fourth, that the defendant knew that the victim did not consent.
If a prosecutor can prove up those four elements to a jury the defendant will be convicted. Based upon your initial post, it appears that this CA has committed the crime of battery on multiple occasions upon you and your colleagues. You'll notice above that there's no reference to open hand or closed fist. If he strikes you and causes you physical pain without your consent, and he knew you did not consent, that is a crime.
If he ever strikes you again, call the police, plain and simple. If he does it in the air, note your approximate location and call the police when you land (IIRC, there may be specific federal laws which apply to battery committed in an aircraft in flight). The police will respond to the scene, ask you what happened, and then the police will talk to him (just like on
Cops). He may or may not make an admission (i.e., confess to hitting you), but the police will then arrest him. If he admits to the police that he hit you, he's toast and he'll probably end up pleading no contest or guilty. If he doesn't admit, or just wants his day in court, you will be subpoenaed to testify and you must appear or the charges will be dismissed for lack of evidence. End of story.
Now, if I was a big wheel at your company and you and your co-workers showed up in my office to complain about this guy I would want to know why you hadn't called the cops when he hit you? I might think there's some sour grapes questions here or other motivations. On the other hand, if I get a call from Sheriff Roscoe P. Coltrane that he's got one of my pilots locked up on a battery charge, I can't ignore that. It also gives me all the ammunition I need to justify immediately taking him off the line and then firing him when he gets convicted.
Also, one other note, if the company retaliates against you for getting the calling the police involved under the circumstances described above, you might have a cause of action against the company.
I know some on here will not agree with this advice. That's fine, maybe my advice here is worth what you're paying for it, but I am fairly confident that most of the "kick his ass" crowd haven't practiced criminal defense. I
guarantee that if you stoop to his level by engaging in the "eye for an eye" crap, you will be probably be on the street, too, and maybe with a criminal record reflecting a violent act - good luck getting on with a reputable airline in that case.
Now, as to flight ops stuff, I defer to our wiser and more experienced board members.
Hang in there and PM me if you have any questions.
