My original intention was to post this to the blog as soon as we’d arrived at the conclusion. However, the conclusion put me in a bit of a funk and I didn’t want to deal with it. That’s been several weeks, now, and I finally am ready to record it.
I had also intended to take my rough notes and work them into something presentable. Instead, I’ve only made a few spelling, punctuation, and word choice changes. I also added a few minor editorial notes (in italics) to clarify things in the narrative that I only learned later.
Monday, August 3
A bit before 3pm, we were in the left turn lane from westbound 92nd to southbound Harlan. It’s a double left turn. We’re in the right lane, first of four or five cars. A bus goes through the intersection southbound, making a right at the light (to stay on Harlan). Just before we get the green arrow, a white Toyota pickup with black trim pulls up in the left left turn lane.
We get the green arrow. He gets almost a car’s length ahead of me then comes across into my lane, because he doesn’t want to go straight, he wants to stay on Harlan. The bus is just making the right turn and going slow, but still going. The Toyota has to slow way down to not hit the bus. I hit the brakes and the horn at the same time. The bus is still moving, but slow. The Toyota comes to a complete stop and I tap him.
We pull over into the Conoco station. Not into it, but into that driveway. We both get out of our cars. He lets loose a torrent of abuse, I can’t get a word in edgewise. He calls me a “blind, old man.” We walk toward each other, meeting about half-way. We end up close together, not quite face-to-face. He tells me to get out of his face, or he’ll fuck me up.
I now have what I can best describe as if being in a dream: a few seconds of experience, not connected to anything: I am the ground, wondering “What am I doing on the ground?”
Another bit of dream-land; a few moments of time not connected to any other experience: I look down into my left palm, which is filling up with blood from my nose. It’s not dripping, it’s a stream. I move towards the curb and grass, and blood is still pouring out of my nose, drenching my shoes. I sit down with my back against a tree.
The next discontinuity is more subtle: I’m still sitting against the tree. I am subsequently told about ten minutes have passed. I have a huge wad of bloody kleenex in my hands, my nose is still bleeding. A cop gives me a pellet to stuff into my nostril and a spring clamp for my nose. My shirt only has a few splatters; my shorts are clean. My shoes belong on a murder victim.
Evidently, the EMTs have come and gone. I don’t remember them. Genae tells me they asked if I was on any blood thinners. Genae said she wanted to mention the low-dose aspirin. Which means I didn’t. I’m told that I was saying he never touched me; I was saying that I wasn’t punched.
I only later find out the proper sequence of events. Genae tells me that the cop who gave me the things for my nose was before the EMTs. So I’m missing some time between the river of blood and the cop, then a much bigger chunk. I’ve been “Swiss-cheesed”.
Somebody getting gas shot a video, which starts a split second before the punch lands and goes for about ten seconds. The guy texted it to me. It’s a distant shot, so not much detail. He hits me and I go down like a sack of potatoes. I land on my ass, and perhaps the back of my head hits the bumper of the car. It’s not a good angle. Then I get up, move towards the curb and fall to my hands, but not my knees. I’m not sure whether I’m staggering, or just picking up my sunglasses. I put my sunglasses on and get in the car, then immediately get back out. I’m amazed there’s no blood in the car. I must not have started bleeding until I got back out. I’m guessing I remember the bloody five or six seconds immediately after the end of the video.
I don’t recall the EMTs, but there were still several cops there when I my own memory resumes. One asked if I want to press charges. I told him I hadn’t been punched since junior high school. Of course I’d press charges. The guy hadn’t even left the parking lot. He admitted punching me.
Based on the missing ten minutes, it’s pretty clear I got concussed. I have no tenderness on the back of my head, so I’m pretty sure I didn’t hit my head on the car. Presumably the EMTs checked me for dilated eyes. I have a very minor headache right now, but it could be just from a generally bad day.
Sitting on the pine needles, leaning against the tree, I was more dazed than hurt. I really had no pain at all, so I’m guessing a bit of shock. Genae offered me some water. I swirled it around my mouth and spit it out. There was a little blood; a second rinse of the mouth was clean. I have no cut in my mouth, but a small abrasion on the inside of my left cheek from my upper teeth.
After the police and EMTs were done, Genae drove us home. As we pulled into our cul-de-sac she told me “I think he followed us.” I told her there are a million white pickup trucks and she shouldn’t worry about it. When I got the police report, I couldn’t help but notice that the guy lives just a few houses away. I can throw a snowball from my backyard to his.
There was no swelling until more than an hour later. I should have been quicker getting ice on it, but never occurred to me. Genae put an icepack together for me and I used it until it was mostly melted. When I was about to fire up the grill for dinner I blew my nose. The bleeding started back up. Not too badly; only used a couple of kleenex. I write this, at 10:30, it’s only starting to show some discoloration. I’m expecting it to get much uglier. I can cover the swollen part of my cheek with my fist. That is, it’s obvious where his fist came into contact with my face.
My teeth and gums, upper left, are numb, as if I’d had Novocaine.
Approaching 1am, I haven’t slept yet. My mind won’t rest. I’ve made a few updates to this document.
I finally sleep at two, but wake up a few minutes after six.
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Tuesday, August 4
I certainly didn’t feel like walking this morning.
A quarter of my mouth is still numb, still as numb as was last night. I was able to get an appointment to see the dentist at 10am. Pulchalski has retired and we haven’t looked for a new dentist, so I called his old practice. Got an appointment with a guy I’d never met before, a young guy.
Of course, both the assistant and the doctor asked what happened, so I told the story briefly. They took three x-rays, two of which they had to do twice. X-rays look good. Next was a visual inspection, then prodding me with a sharp tool: I could feel some pressure but no pain around three teeth, a bit more sensation on the others. No problems opening wide for him, which he noted. Had I taken the blow on the jawbone, it could have been serious. Likewise, had it been around my eye.
I had him write up a little note. I don’t know if I’ll need it, or something like it, but I want to get what documentation I can. The prognosis is good: the nerve is being affected by the swelling. Once the swelling goes down, in all likelihood, there is no permanent damage. The treatment plan is to take 1 or 2 Ibuprofen every four hours and do three twenty minute sessions with an ice pack.
I sat watching Danger Man with the ice pack. For one episode, I had it where I had it yesterday afternoon. It was mostly affecting the cheek, I don’t think it was doing much for the gums. For the next episode, I managed to contort my face to get the ice in a more effective place. I think the feeling is coming back a bit, starting at the back. The Dentist said I may experience a burning sensation or it may feel prickly, which isn’t unusual. So far, none of that.
He wants me back next week for a follow up.
Wednesday, August 5
I slept better last night, fell asleep about 10:30, but woke up before six.
I called the Westminster Police Department today wanting to talk to somebody about my case. I didn’t get to talk to any of the officers involved as none of them starts work until two. The first person I get to talk to just directs phone calls. I gave her my report number and she said, “Oh yes, I remember that one. How are you?”
I understand that a Detective Hard will be dealing with the case, or perhaps Officer Burgess, or perhaps both.
I wanted to make sure that they knew what happened leading up to the assault. I was told that they have it all. As I don’t recall talking to any police officers, I don’t know if they got the story from me. So I asked if they knew that “the other party” intentionally caused the collision. She said that, yes, they knew.
I left a message for Detective Hard and hope to hear back from her.
I also called Allstate. Paul wasn’t in the office, so I left a message and hope to hear back from him.
Later… Paul returned my call. We had a long conversation. He recommends, even if I don’t make the repair, that I open a claim and get an estimate. Due to the unique situation (he’s never dealt with road rage that turned into an assault), he’s making a couple of calls to experts/consultants on his end to verify the best course of action. He recommended that I start a claim.
Later… Detective Hard called. She tells me that the miscreant was cited for battery (a misdemeanor) and for having no proof of insurance. He was not cited for the traffic incident. Detective Hard was the officer who was parked nearby. She said she’d have a victim advocate reach out to me. She also told me that if I find out I have any broken bones I should contact her, as that will change the charges.
Reading that last sentence now, months later, causes me much discomfort. She told me what to do, I made a note of it, and I promptly… forgot. Had I remember this, subsequent events may have turned out much different.
Shortly thereafter… A woman called from the victim advocate’s office. She’s not the one I’ll be dealing with; someone will call me tomorrow and that person will be my contact through the whole process. The miscreant’s court date is 8/27. I don’t need to attend court, but I think I will. Which means I’ll miss out on my timed entry pass for RMNP on that date. Oh well.
In any event, I should be eligible for some restitution. Most likely, this will only cover the dental visits. I need to explain the precipitating event to the judge in the hopes that we can get the miscreant to tell his insurance that he was at fault. This way I can get the car fixed. I can’t justify paying $600 to fix this small cosmetic issue, but I know that every time I see it, I’ll be reminded of the battery.
I called Allstate and started a claim. I download an app and use that. I’ll take photos and they give me an estimate from that.
About this time, I ran into a couple of my neighbors. Naturally, they asked about my injuries. I went through the story. One said, “The guy in the white pickup? He’s got problems!” We live across the street from an elementary school. One day, somebody decided to turn around using Supitar’s driveway. He was outside at the time and threatened the driver with violence. For turning around using his driveway. Clearly, I live a couple of houses away from a sociopath.
Friday, August 14
I had a 10:30 appointment to get a 3-D image of my mouth. North Washington Dental doesn’t have the equipment, so they sent me to Standley Lake Dental Group. I wanted to be there fifteen minutes early to fill out all the paperwork. There was nobody in the lobby when I arrived. Fill out the COVID screening form, get your temperature taken (“I’ve been in the sun: I drove a convertable”), take a seat. I grabbed the one farthest from both the reception desk and the entrance. Another patient arrives and is called back before I get called.
The imaging machine takes a 360 degree view. The last one of these I saw, you sat down for the scan. This one I stood up. Bite on the blue piece. The operator adjusts the fit then takes a preview shot. The full scan takes about thirty seconds.
I have a broken bone in my face. We discuss the nerve and swelling and sensation. He does the cold test next. He’s surprised how many teeth are numb.
He recommends I see an oral surgeon. He can recommend one, or I can have Harger from North Washington make a recommendation. Harger doesn’t work Fridays, so I get the referral from this guy. I now have a 1:10 appointment in south Lakewood. It’s 11:45. I’m billed $200 and given a DVD with the CBCT scan, and a referral slip. I ask them if my dentist will be able to view the disk. “Of course!”
I made a quick trip home. I didn’t have time for lunch so I snacked on a few grapes.
At the oral surgeon’s, the door is locked. A sign says to call for a screening. They ask the usual questions, then someone comes out and takes your temperature (“Convertible!”). You sign the form with the answers from the phone interview and go in. They take me directly to an exam room. The gal takes the DVD and leaves the room. Comes back a few minutes later. “They didn’t include the viewer on the DVD, so we can’t read it. We’ll do the scan again but won’t charge you for it.”
They take me to their scanning room. They have two machines there: one like the one I used this morning, and one like I used years ago. (“Used” doesn’t seem like the right word. “Used on me”?) They sat me down on the older one and did the scan.
Yup, I have a broken bone in my face. It’s a very delicate bone. She said any attempt to put a plate in would just make the numbness worse. It’ll heal on its own. She described the bone the way you would describe a crash structure on a car without using that term. I have a bunch of fluid in my sinus. It’s blood, and it’s not infected. I’m not to blow my nose, as that could move the broken bone and might cause an infection. I should refrain from nose blowing for three weeks.
As to the numbness, the nerve looks good. That is, it’s intact. There’s a small chance that the numbness won’t get any better, but in all likelihood I’ll be okay. It’ll take months to get my sensation back. I tried to get her to give me some idea of what a “small chance” is. One out of twenty? She refused to answer.
“Is the little green convertible yours? I could get into a lot of trouble in that!”
They escort me out the “back door”. It’s not a back door; it comes out on the same side as the door where I entered, just down a bit.
I spent much of the rest of the afternoon doing paperwork. I filled out the Crime Victim Compensation Application and the Victim Impact Statement. Each requires that I attach copies of my bills.
The bruising is almost gone.
I picked an attorney at Findlaw and asked for a consultation.
In the end, I reached out to three or four attorneys. None ever responded. Most people are surprised that no one was interested. They feel from the TV ads that lawyers will be happy to take such a case. Evidently, they feel there’s no money to be made from mine, and it’s not even worth the bother to spend a minute talking to me.
One good thing about having to wear a mask at this time due to COVID is that my bruises are covered by the mask. I don’t wear my mask when I’m hiking, and on one of those days, a little kid looked at me while I was at the trailhead. He seemed to be fairly repulsed by my face.
I opened a claim with Allstate and I’ve already been paid $68 and change. Their estimate for the damages is $668, so after the deductible that leaves me $68 bucks.
Novak managed to figure out that the other guy has USAA Insurance. (“There’s your military training.”) He tells me I should call them and open a claim. Gave me the phone number and the first couple of prompts I’ll hear when I call. So I called and opened a claim. I passed that claim number back to Allstate.
I have no idea how this will all work out.
Talking to USAA, I mentioned that I’d also been assaulted by their member. The gal mentioned she’d handled a claim where their member was shot. I told her I was happy their member didn’t shoot me.
First Court Date, August 27
The documents I received from Westminster include Supitar’s court summons. His appearance was scheduled for 8:30am on Thursday, August 27.
I had a timed entry pass for the Park on that day. I’d really rather be hiking than dealing with this. For a long time, I considered just going hiking. The night before, I packed my lunch, put my boots in the car, and put the top on the car for an early exit. I was planning on visiting Keplinger Lake.
But I couldn’t sleep. The guy concussed me, broke a bone in my face, and I might have permanent nerve damage. I need to state my case. I tossed and turned until some time after 1am.
So I didn’t go hiking. I called the court clerk to find out if court would be held in-person or remotely. I was told that the time of his case was changed to 10:30 and that the hearing would be by phone. They would call me when it started, but it may not start promptly.
It did start fairly promptly. I was called by a clerk and told to put my phone on mute. I would speak only if the judge requested. In addition to the judge and my silent self, Supitar and his attorney were on the phone. When the judge asked if they were on the same call or on different phones, the attorney said, “He’s standing here next to me.” The attorney’s name was Mayberry and I gather he’s a public defender. This turns out to be incorrect. Supitar makes too much money to be granted a public defender.
The call went very quickly. The attorney asked for time for discovery and a new court date. After some back-and-forth regarding dates, it was agreed that he would be in court (in person, if all goes to plan) for a hearing on September 29 at 10:30am.
I never said a word.
I’m tired and I’m feeling somewhat depressed. It has been nearly a month and I can’t seem to go more than a short while without thinking about what happened that day. I guess it doesn’t help that the numbness in my mouth is a constant reminder. (I want to say that I’m regaining sensation, but I can’t be sure. I’m certainly becoming accustomed to the numbness and for the most part now the only time it bothers me is when I’m brushing my teeth.)
October 1 Update (2nd hearing)
Supitar’s second court date was two days ago, September 29th. That morning, I called the court clerk’s office to verify that the time and date hadn’t changed. Bob offered to go with me, but when I called the court, they told me that only people with business could attend. So I was on my own.
I went to the courthouse. Supitar was already there, sitting in his truck, waiting, I guess, for his attorney. I went in. At the security station, I told them I was there for his hearing and that I am the victim. They asked who I was working with. I’m not working with anybody, nobody has told me how any of this works or what my role is. They directed me to take a seat in the lobby and they’d find somebody to help me.
A few minutes later, Supitar came in with his attorney. The security station was mostly out of my sight, but I saw him enter the door and heard him give his name to security. One of the security officers came to me and escorted me to a locked room so that we wouldn’t be in the same room. He again said someone would be with me soon.
The room I was in had two doors, the one I came in through and another that led to a hearing room. After a few minutes, I heard voices in the hearing room. Supitar and his attorney were in there. The door has a small window, but I didn’t put my face into it, and I couldn’t hear what was being said.
Eventually, a woman came into the room. The hearing room was now empty. Whatever had happened in there was all over now.
The woman introduced herself as Lana, victim advocate. She asked me if I’d received any communication from the victim advocate. I told her I had, that I’d sent in my medical bills and victim impact statement. I told her I didn’t remember the name of who I was dealing with. She left and returned a few minutes later.
[I got a letter a week or so ago saying that I needed further documentation on my medical bills because they weren’t the same day as the crime. I called both dentists’ offices asking for them to send me a note indicating that the services were, indeed, related to the crime. Neither sent me anything. I called Standley Shores Dental and asked again. Got a bit of a runaround. Eventually, it was decided that I’d run over to their office and pick up a copy of the clinical notes. The notes, do, indeed, include my statement that the numbness was a result of being punched.]
Lana and I talked for quite a while. My main point was that because there’s no statement from me on the police report (and I lost 10 minutes of memory), I’m pretty sure I never made any statement to the police. And the prosecutor hasn’t reached out to me. So nobody has heard my story. And I think it’s important to tell my story. So I told it to her. She made a bunch of notes.
She also told me that he has a new court date: November 3 at 9:00 am. The defense has made an offer: 6 month deferred judgment with anger management. She asked if that was okay with me. We then discussed my medical bills and the situation with insurance. (I told her that because he’s not talking to either insurance company, I’d likely have to take him to small claims court.) I asked her who pays restitution – the perpetrator, or some fund. I said that it would be more just for him to pay my medical bills than if it comes from somewhere else. In the end, I said I was okay with 6 months deferred judgment as long as I get my medical bills paid and he tells his insurance company that he was at fault for the collision. In retrospect, I wasn’t really prepared to answer this question. I should have said I was not okay with that, but now I’m pretty sure it didn’t matter what I said.
We discussed his proximity to me. She recommended I get a security camera and motion activated lights.
In an email, she requested copies of my medical bills and the victim impact statement. I sent these, along with the photo I took in the dentist’s office of the imaging showing my broken bone. She said, “I want to see if the prosecutor is willing to give a harsher offer because he is not aware of the physical damages that happened to you.”
At times, I think I’m starting to get over this. I spent a Thursday evening at HPR and didn’t think about it once for four hours. On my backpacking trip last weekend, I rarely thought about it, which is a big contrast to my previous hike up Hunters Creek where I basically obsessed over it all day.
On the other hand, I’m still quite irritable. I snapped at Genae the other night.
The numbness in my mouth is nearly gone. Perhaps in a couple more weeks it will be a memory.
With each court date, I hope there will be some sort of resolution, that I’ll get some feeling of completion or see an ending. Each time, there’s another court date, another month to wait.
Meanwhile, on the insurance front, Allstate is still attempting to enter into the subrogation process with USAA.
Update from Allstate:
Dear DAVID M AND GENAE HILL
As you may recall, when we negotiated with the other insurance company involved in this claim to reimburse your deductible, those negotiations were unsuccessful. As a result, we agreed with the other insurer to submit the claim to an intercompany arbitration panel.
We have received the arbitration panel’s decision and, unfortunately, it was not in our favor. Because the decision is final and binding between Allstate Insurance Company and the other insurance company, we will no longer continue our collection efforts.
While this ruling brings our recovery efforts to an end, you may continue to seek reimbursement of your deductible on your own. If you choose to do this, we would be happy to provide you with a copy of the claim documents. To obtain a copy of these documents or ask any questions about your claim, please feel free to call us at the number listed above.
We are sorry we were unable to recover your deductible. Thank you for your cooperation and assistance during this process.
You are a valued customer, and we sincerely appreciate your business.
They had a copy of the police report, which shows that the other driver began in the wrong lane (even including a diagram), but the arbitration findings specifically state that he chose the “correct lane”. The lesson here is that the insurance company won’t admit their driver is at fault unless there’s a police report that states such. Even when it’s clear that other drivers can more or less do whatever they want and not be found at fault unless the police say so.
Finally, a phone call from the prosecutor.
See call recording.
Big takeaways: he should have been charged with reckless driving and a felony.
Potential problem: he was offered a plea. It was not accepted, but they may be under the impression that it is still available. He called it a “gift” offer. That is, very lenient.
He also said that the treatment plan (anger management) was robust but that people tend not to change.
November 3 (3rd hearing)
This time we were all in the courtroom.
Defendant’s attorney isn’t a public defender.
They met with the prosecutor before the hearing. The prosecutor attended remotely (from within building). Defendant’s attorney told the judge that they had, in fact, accepted the offer. He said they had their response both in writing and in an email but that the acceptance was never recorded. He said that both sides will refer to case law to determine next course of action. Next hearing is 11/24 @ 9:00am.
His plea deal is essentially for the crime of giving me a bloody nose, not for giving me a concussion and a broken bone.
Between this and the election, I had a sleepless night. Didn’t fall asleep until after 3, woke up shortly after 6.
I spent some time composing a statement to give to the judge. Chris recommends emphasizing the vicious nature of the attack and my pain and suffering. Bob recommends keeping the language and my tone of voice neutral.
It’s four pages long in 16pt type, big enough for me to easily read.
I’ll try to polish it up a few times over the coming weeks. This will be my statement if the current plea ends up getting accepted. I’ll make a much shorter one if the result is different.
How long will this go on? I need some sort of completion. Every time I deal with the court or the insurance company I end up with a few sleepless nights.
Phone call from prosecutor. He thought he was talking to the defense. It took me a few minutes to get him to understand he was talking to the victim.
The initial offer was a deferred judgment, which means if he stays out of trouble for some period, the charges would get dropped.
The updated offer was probation.
We discussed the possibility of getting him to admit to his insurance company that he was at fault. He recommended we try to get restitution some other way, ie as part of the deal. I told him that I’ll certainly take Supitar to small claims if I don’t get made whole as part of this process.
He’s very confident that the initial offer has been successfully voided.
Today’s hearing only produced the next hearing date: 12/15 at 9am.
December 15 (4th hearing)
Lather, rinse, repeat.
Today’s hearing was scheduled for 9am. This hearing was remote, via telephone. I dialed in a minute or two early, but disconnected when what I was listening to was clearly not related to me. I reached out to the victim’s advocate to make sure the date or time didn’t change. She told me that the court was just running late and that I should get back on the line and wait patiently.
I sat through hearings for three or four cases: a homeless guy plead guilty for public indecency (urinating in public), another plead guilty for assault (two crimes, actually, part of a love triangle), one for a crime I didn’t catch who was already in custody and has served 30 days. He got sentenced to 90 days, including time served.
Finally mine came up. At 10:22. It was over at 10:33. Net result: a new hearing schedule for February 23 at 1:30pm.
Defense still wants the original offer. Defense will prepare some document arguing to that effect, presumably citing case law supporting it. They get 30 days to prepare it. Prosecutor gets 30 days to respond. He thinks the judge may have to decide on this. This is all about whether the original offer can be withdrawn or not, it has nothing to do with anything else.
This is getting tiresome.
“Justice delayed is justice denied.” – William E. Gladstone
February 23 (5th hearing)
The day before, Lana from Victim’s Advocate sent me an email:
“I am seeing that we originally had Mr. Supitar scheduled for tomorrow, however it looks like he appeared last week and resolved this case. Had the prosecutor reached out at all? In the notes I can see he plead guilty and was given a deferred judgment, I can’t see what the conditions of that were.”
The next day she was able to forward the sentencing summary to me. It’s dismal. He basically got off scot-free.
He didn’t even have to pay for my medical bills.
Clearly, justice cannot be served if the victim is never heard.
I sent copies of my dental bills to Victim’s Advocate. She said she’d help me get restitution; I told her I’d already received it. She wanted copies anyway, to give to the prosecutor. “Restitution is reserved for 91 days.” So perhaps he’ll have to pay for my dental bills in the end.
This whole thing leaves a bad taste in my mouth. We had five court dates, and I did my best to show up at every one. In the end, the fifth got moved and I wasn’t notified. It seems that there’s no requirement for the victim to be notified of court date changes unless it’s a domestic violence case. I never got to say a word in court, not as a witness, and not to the judge. I’m flabbergasted that the victim is not important enough to be heard in court.
Sometime between the fourth and fifth hearings, Michael had an encounter with Supitar. Michael stopped at Safeway after work. As he was leaving, making the left turn onto Vance Drive, he had to wait for traffic. When he pulled onto Vance, he was behind Supitar in his pickup. Anybody who lives in the dozen or so houses around me would naturally take the same route. So, naturally, Michael was making the same turns as Supitar was. Before turning onto 85th Ave, Supitar pulled over, rolled his window down, and, Michael says, seemed to want to start an altercation.
When Supitar goes north on Otis Dr or east on 85th Ave, he can see our house and all the cars parked in front of it. So there’s no doubt in my mind that Supitar has seen Michael’s car before. Did he want to start an altercation because he knew Michael was my son (or at least, knew he lived here)? Or is he so paranoid that he would challenge anybody who’s driving in the same direction as he is? I think either answer indicates the guy has serious problems.
I have revenge fantasies. If you were to give me the opportunity to do to Supitar what he did to me, and the only consequence would be a hundred dollar fine, I’d happily do it.
There ain’t no justice.