A naked man beaten outside a Richmond bar on Robinson and Main Street in the Fan district Sunday morning says he's embarrassed and did not want his named identified. He says he was intoxicated, and doesn't remember what happened until he was inside the ambulance. He also said he was hurt by three men who attacked him.
Cari Wertz, a witness, videotaped the incident thinking police might want to use it as evidence. She says police saw the video, but declined to take it as evidence.
While police say the interviewed everyone involved, and that the naked man did not want to press charges, CBS 6 Legal Analyst Todd Stone says prosecutors can still file charges even without the victim's cooperation.
"You've got essentially the State of Virginia, the Commonwealth of Virginia versus a person for conduct they've committed against the state, and an assault is such an offense, It is a crime. It's a crime against society", says Stone.
Still, he says the prosecutor must have enough evidence to prove the crime occurred. He says police should have taken the videotape.
"If the police had taken the videotape, the Commonwealth's attorney would then be in a position to make a real decision about whether they can press charges in this case, without that videotape they're hamstrung", he says.
Cari Wertz, a witness, videotaped the incident thinking police might want to use it as evidence. She says police saw the video, but declined to take it as evidence.
While police say the interviewed everyone involved, and that the naked man did not want to press charges, CBS 6 Legal Analyst Todd Stone says prosecutors can still file charges even without the victim's cooperation.
"You've got essentially the State of Virginia, the Commonwealth of Virginia versus a person for conduct they've committed against the state, and an assault is such an offense, It is a crime. It's a crime against society", says Stone.
Still, he says the prosecutor must have enough evidence to prove the crime occurred. He says police should have taken the videotape.
"If the police had taken the videotape, the Commonwealth's attorney would then be in a position to make a real decision about whether they can press charges in this case, without that videotape they're hamstrung", he says.
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