WSVN reports that an 88-year old Little Havana man was beaten and robbed by an attacker in his early 20s.
The alleged victim told police that a young man, possibly in his early 20s, approached him at a bus stop and asked for money. When the alleged victim told the young man that he did not have any money, the young man reportedly beat the alleged victim in the face with closed fists. The suspect then allegedly stole some of the alleged victim's property.
Depending on the extend of the alleged victim's injuries, the suspect could face aggravated battery charges.
In this case, any arrest will be based entirely on eyewitness identification, since it seems apparent that there is no surveillance footage. The alleged victim will have to be able to identify his attacker with great certainty. If he is not certain, then the police cannot arrest a suspect.
Eyewitness identification cases can be very weak. There is always a chance that the witness has misidentified their attacker. A good criminal defense attorney will look at the lighting conditions, the length of time the witness was able to look at the attacker's face, and whether the eyewitness noticed any specific or unusual characteristics.
Hairstyles and facial hair can change. Distinguishing marks such as scars, birthmarks, and tattoos can help eyewitnesses put together a better ID. However, if the police arrest a man with facial tattoos and the eyewitness never mentioned facial tattoos when they gave their description to police, there could be a serious problem with the State's case.
Look - nobody likes the idea of an elderly man being beaten and robbed. But people are wrongly accused all the time due to misidentification. It is possible that if you resemble someone who attacked another person, you may be improperly identified as the attacker.
If you or a loved one have been wrongly accused of a crime due to misidentification, call me.