Good glad he was arrested. Sounds like he was more interested in emotionally taking revenge then actually being concerned with the law.
Why didn't he just call the police and give a real good description?
The concept of "citizen's arrest" can be a tricky one especially when dangerous force is used. It often opens up the "citizen" to liabilities depending on the state. Each state has its own laws concerning Citizen's Arrest and they can vary widely.
"Herbert says he pointed the bat at Hardy and ordered him to stay seated until state police arrived,"
Herbert does not have the authority to "order" anyone to do anything. That is the tricky part about Citizen's Arrest in many states. What can you do if the person being "arrested" says "no"? Some states you can do a lot, some states you can't do much.
I am sure Herbert will play up his disabilities in court, but I hope the judge/jury does not buy it.
Since this took place in Mass, let's look at the law
http://www.lawlib.state.ma.us/subjec.../criminal.html
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Commonwealth v Harris, 11 Mass. App. Ct. 165 (1981). Citizen's Arrest. "In Massachusetts a private person may lawfully arrest someone who has in fact committed a felony... The stricter requirement for a citizen's arrest -- that the person arrested be shown in fact to have committed a felony -- is designed to discourage such arrests and to prevent "the dangers of uncontrolled vigilantism and anarchistic actions." ...Generally, the person arrested must be convicted of a felony before the "in fact committed" element is satisfied and the arrest validated. If the citizen is in error in making the arrest, he may be liable in tort for false arrest or false imprisonment."
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Herbert lured the stepfather, 27-year-old Joshua Hardy, to his computer sales and service shop
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This luring is what will bite him in the butt.
