In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Need some help from the LEOs here.

Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
edited August 2002 in General Discussion
Here about an hour or so ago we had a situation up here with the neighbors. The people who live down the street has a couple of helion kids that at the ages of under 10 can cuss like sailors and love to fight. My kids have been instructed to stay away from them but kids will be kids and they still end up around each other. Well apperently they got into a fight again, my kids came up here and started telling me about it, I'm like here we go again. I tell them to just stay in for awhile and let things calm down. The police have been here before because of this but nothing is ever done except for warnings to stay away from each other. No problem. As soon as I tell them to stay away, there is knocking on my door, I go down and walk out on the porch and see noone, our porch wraps around the side of the house and there is another door leading to the dining room, here stands big 'ol Michelle. I do not like this woman, she has been told before to stay off my property. Before she can say anything I walk towards her and tell her three times in a loud and clear voice to "LEAVE MY PROPERTY", after telling her three times to leave she says "NO", the shouting match begins. While she is being defiant, I place my hand on her shoulder and turn her towards the steps, I then tell her to leave my property. She finally takes the hint and leaves but making sure that she hollars insults for the entire nieghborhood to hear. I go back inside and close the door. A couple minutes later the kids yell that Connie(Michells gay friend) is coming to the house, I go down the stairs to the front door which is still closed and yell thru the door, "OFF MY PROPERTY". She is yanking on the screen door trying to open it, I then open the main door, reach out to grab the screen door from her and she yanks it from my hands and runs straight at me. She gets in my house screaming bloody murder and hits me in the face(no it did not hurt and it did not leave a mark), I go into fight mode. My kids must have seen the change in me because they ran back from us, I grabbed her by the throat and draw my right hand back with a clenched fist, she don't know how close she came to getting hit. it took all my strenght to keep from hitting her, I have not been that angry or in that frame of mind for a long time and it scared me. When I had ahold of her shoving her out the door she felt like a paper sack, I was in the groove. I got her out the door and snapped back, marched back inside and grabbed the phone, called 9-11. I get the police on the phone and there is a total circus on my porch, I run out while I am on the phone and yell for my kids to get inside and lock the doors, I tell the cop that we are going inside( Mind you I'm very excited at this point) and locking the doors, I then tell him I will arm myself incase they try to come back in, he tells me to stay on the line and finally connects me with the staste police, Local cops are noit on duty till 5pm, the state cops are on the way.

The cops arrive and all stories are told. I get charged with harrassment for placing my hand on Michelle and telling her to leave, I'm not allowed to touch a trespasser at all, cops own words! Michelle gets no charges.
Connie gets charged with trespassing, I plead with the cops to charge her with assault and forcible entry. He gives me this song and dance that he will not do that, there are no marks on me and there is no assault amd trespass is all she will get for busting in my house. I tell him see what is happening, " you see a small tatooed person and label him a punk, he has to be lying", he says that is not the case, I tell him I want to talk to his supervisor, he replies in a very cocky sarcastic tone that he is in the car. The super walks up and after we had a discussion he agrees to charge her with trespass and harassment, still no assault or forcible entry. I think I got screwed. Any advise? What should I do? An attorney can only do so much and I cannot afford one. Should I call the State Police Headquarters and complain? Should I call the DA? Should I the next time Connie and Michelle come up here give them some real charges? Thinking about it now, I shoulda hit her back, would I have been wrong?

Comments

  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    How do I go about getting a restraining order? These cops that showed up seemed like they had better things to do and wanted to leave without really checking into the deal, they was uninterested that Connie forced her way in my house and did damage along with hitting me. All they cared about was me placing my hand on Michells shoulder and telling her to leave. I never left my porch, I stood my ground, and when Connie busted in the door, I restrained myself from punching her in the face. I don't think I did anything wrong, I got punished for being a homeowner, I got placed on the same level as those two, both are on welfare renting a small houe with little punks for kids. I'm not trying to sound concieted(sp?) but dangit, shouldnt the fact that I live in MY house, pay taxes and try to be a good nieghbor be worth something when it comes to getting into problems with ghetto trash?
  • NighthawkNighthawk Member Posts: 12,022 ✭✭✭
    edited November -1
    IM no Attorney,but will give you advice.First if she busted in your home and the Police didnt see it happen,then you are responsible to take action.Go see the Magistrate and tell him or her your story.That was Unlawful Entry,and you can press charges if you wish.As for the Battery there has to be visable marks before Officers must charge someone.Now Assault,if she cussed you or called you or your family names thats assault.Again you can go to the Magistrate to get warrants.I feel for you because your in a bad situation.Dont let them anger you into a worse situation.You would be far ahead to talk to an Attorney and see if it would be worth getting warrants for what we spoke about.However I would obtain a restraining order against the trouble makers.All States have different laws,but if she was charged with Trespassing,you should be able to get a restraining order.It should keep them away,if not at least you have covered your self.I hope things work out well for you,just dont let them lure you into a trap.Especially talk to your children and at the first sign of trouble have them come to you.Call the Police every time you have a cause,most Officers can tell who the instigator is.And thats what there for.But I do advise you to be careful and seek Council if need be.Your Disrict Attorney may be able to give you the advice you need.


    Best!!

    Rugster


    Toujours Pret

    Edited by - Rugster on 08/18/2002 15:05:31
  • BT99BT99 Member Posts: 1,043
    edited November -1
    7mm nut, what state do you live in. In PA, harassment is often the
    charge rather than asault, because the way the law reads under harassment, lightly striking or hitting is included rather than assault. Under the trspass charge, was she charged with trespass
    or defiant trespass, penalty is different.
  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    I'm not sure if it is defiant or not. I'm still making phone calls trying to get some more answers. I can't even get ahold of the station commander at the psp.
  • lokdok1lokdok1 Member Posts: 383 ✭✭✭
    edited November -1
    7MM Nut, I commend you for your restraint, initially it seems to have gone unrewarded, just be patient, keep doing all the right things and you'll make out in the end.

    Bartman
  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    Thanks for the replies, I have to get to Chicago and I'm running late. I'll try and check this later.

    Hey Offeror, I'm going thru your town tonite, wanna race!!!!!!!I should be thru there in the early AM, lets see how fast I can make the 'Pete go!! Catch ya later.
  • sjc1sjc1 Member Posts: 130
    edited November -1
    Man, am I ever glad I do not have any neighbors.
  • Judge DreadJudge Dread Member Posts: 2,372 ✭✭✭✭✭
    edited November -1
    Get an air pressure fire stinguisher and put it in the fridge with ice
    cold water, hose her out of the house (You are never touching her ) at the count of 3 if she does not leave ..... I recomend video recording
    security cameras all over the house ....with a switch on remote.

    You can acuse her of "altering the peace" in some states is worst than murder.....

    Inlegal entry and altering the peace .....anything that happens after that is under the "felon" law, she is responsible for all the
    things that may happen and might go wrong ,get advice from a lawyer
    to be on the safe side.

    JD




    400 million cows can't be wrong ( EAT GRASS !!! )
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    You apparently don't live in Texas. Entering a residence without invitation is a Class A Misdemeanor, Criminal Trespass. Chapter 9 of the Penal Code allows for the use of physical force to prevent trespassing and regain control of one's property.

    If that happened here, just as you described it, we would file a Criminal Trespass report, probably not making an arrest. It would be up to you to file the charge. The force you used to repel the trespasser would be noted in the report.

    Nothing in the law says anything about tattooed folks being less credible.

    SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
  • cowdoccowdoc Member Posts: 5,847 ✭✭✭
    edited November -1
    damn i glad there are only four families that live in my whole township (36 sq miles).
    feel for you 7mm

    I dont give my guns without somebody getting hurt!
  • TxsTxs Member Posts: 17,809 ✭✭✭
    edited November -1
    Due to the fact that you've been charged with
    an offense, GET AN ATTORNEY. This is the person
    who will tell you where you stand, both as a
    suspect and a victim. Don't say another word
    about this incident without them, even on this
    board.

    Now, for my personal feelings if this had
    occurred at my residence, under my own state's
    laws. When the person entered my residence by
    using force and threatening to do * harm
    to me (she was verbalizing, right?) they've
    put themselves in a bad spot. When they then
    assaulted me I would have most likely pounded
    on them seriously and the police would have
    arrived to find them lying on my floor. End of
    story for them, they go to jail right now.

    The unspoken motivation for laying them out is so
    I don't have to live under the threat anything
    like this happening in the future. They may talk
    trash, but they won't ever force their way in my
    house again. Pain is an excellent teacher.

    Their story about something happening earlier to
    provoke their actions is merely their defense to
    prosecution for what they did. After all, I
    called 911. I'm the victim here. They'll have to
    prove their story, but the state presents my
    case because I'm the crime victim. As such, my
    attorney in this matter will be the District
    or County attorney.

    Edited by - Txs on 08/18/2002 19:06:34
  • michael minarikmichael minarik Member Posts: 478 ✭✭✭
    edited November -1
    Forced entry into your home, where your family is, c-a-m-e at you with intent to do * harm AND you JUST PUT YOUR HAND ON A SHOULDER? Then you get assaulted and you are charged with harrassment...did the Keystone cops come to your house? Why not ask the cop what he'd a done if you had done the same thing in HIS HOME!
    THIS COP MUSTA GOT A RICE KRISPIE DIPLOMA...

    If you need money for an attorney I will donate $25 to help help you...helping you will help me.....

    What state are you in?
  • armed_ femalearmed_ female Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Well....if anyone barges into my house uninvited, with the intent to harm me...I have this advise for them..Give your heart to God, cuz your * is mine! When I call 911 I will tell them to bring a body bag...and I live in texas...not an LEO..just what I would do

    Gun Control is Hitting Your Target!

    Edited by - armed_ female on 08/18/2002 22:27:37
  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    "I get charged with harrassment"

    If it is possible for them to incarcerate you for 12 months or more (24 months or more for Misdemeanor)than you lost your right to own a Firearm. It doesn't matter what they sentence you to, only what they could have sentenced you to.

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!


    Edited by - RugerNiner on 08/18/2002 22:46:18
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
  • robsgunsrobsguns Member Posts: 4,581 ✭✭
    edited November -1
    Get a lawyer, either afford it now, or you'll pay for it later.

    SSgt Ryan E. Roberts, USMC
  • lokdok1lokdok1 Member Posts: 383 ✭✭✭
    edited November -1
    I just checked in on you before I hit the rack, I'll be sayin' some prayers for you,good luck, hope everything works out.

    Bartman
  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    Well this is a little late but, if someone commits a crime- entering your home without permission, refuses to leave- after being told to leave, you have a crime that you can make a citizens arrest for. After making the arrest, you are allowed to use whatever force is reasonable and necessary to effect that arrest. And whatever force they use to resist that arrest is another violation that can be added to their charges.

    So that any force you used to restrain the violator is not a crime, but goes to effect the arrest.

    Also it is bad police work to charge you with a crime when the other party comes onto your property, and into your home. Again I do not know what state you live in, but state police in Kalif. don't know squat about handling neighborhood disturbances.

    A video camera would be a nice addition to your home, and have a person that has specific instructions to grab it and tape the next dirturbance, even the vehicle antics on the street.

    "If you ain't got pictures, I wasn't there."

    Edited by - Alpine on 08/19/2002 00:01:27
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    I thought about the Cit arrest, but it was too late by then.

    I forgot to mention I live in PA, south central PA in severe redneck land!
  • michael minarikmichael minarik Member Posts: 478 ✭✭✭
    edited November -1
    Get a video camera and have someone do the filming...WITH SOUND AND DONT FORGET TO zero in -not with a scope- with the camere lense....then take it to the city prosecutor or the states attorney general...terroristic threats in this day are taken seriously...by REAL law enforcement. NOt the scumbags who came to you house and did nothing...
  • IconoclastIconoclast Member Posts: 10,515 ✭✭✭
    edited November -1
    7mm, talk to the attorney, **NOW** - you need that restraining order and you need to avoid getting any conviction for removing a threat from your property. The video is valuable. Also have every member of your family sit down & write a detailed account of the events as they recall them while details are fresh in the memory; it may be necessary for testimony a long time in the future.
  • lokdok1lokdok1 Member Posts: 383 ✭✭✭
    edited November -1
    7mm, yeah, you should get an attorney, it will look good for you that you took the initiative to do things right.I can't understand whats up with PSP in your area.Bartman
  • BT99BT99 Member Posts: 1,043
    edited November -1
    7mm nut - pparently you live in either huntingdon or centre county.
    Do you have the name and phone number of the CO Of troop G in
    hollidaysburg., or BPR in harrisburg?
  • 22WRF22WRF Member Posts: 3,385
    edited November -1
    Too bad you don't live in Flarda. Under Florida's "Castle Doctrine"
    If someone come into your home, intruder or unvited guest and attacks you have the right to use deadly force.


    I Refuse to be a VictimGrumpy old man

    Life, Liberty, and Pursuit of All Those that Threaten it
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    As stated by other posters here.VIDEO TAPE EVERY ENCOUNTER.Look what video did for Rodney King.It is up to YOU to PROVE everything you say in court. Do not incite anything, keep your cool, let the videos speak for themselves. As much as I hate to say it, a lawyer might be in order here. I do not know what the laws are exactly but, you do not want to be convicted of anything that could potentially cause you to lose your (legal) right to bear arms. Have everyone write down everything, while it is still fresh in your minds.

    If I knew then, what I know now.
  • BushobiBushobi Member Posts: 107 ✭✭✭
    edited November -1
    7mmNut..sounds like you have the problems we encounter in this neck of the woods..In the Hoosier state there is a law called RESIDENTIAL ENTRY. which is what this person has committed. In order for LEO's here to arrest for tresspass the perp must be told to leave in our presence..and if they dont they can be charged for the tresspass offense..but NEVER put your hands on them unless in self defense..and be sure you have a Witness..Here we can file a restraining or no contact order through the local Proseutors office..but like others mentioned DOCUMENT EVERYTHING..Pictures, videos, tapes..are worth a thousand words...another route you may try to travel..if these YOUNGINs that are constantly causing problems, not being supervised properly, etc..the next step would be through the Social Services, or what we refer here to the Child Protection Services..they can work wonders..and IF these Charming Ladies (?) are constantly home and not working I would imagine the Social Services People may already be familiar with them..I Hope some of this may help...
  • 96harley96harley Member Posts: 3,992 ✭✭
    edited November -1
    7mmnut, I can't figure out why they didn't do anything if she forced her way into your house. Penn and Ind laws are not the same. In the state of high taxes, Indiana, you can file seperate charges against her for shoving her way into your house in addition to the charges filed by the officers. It's done through the prosecutor's office. You can even use the initial police report to assist your efforts. Document every detail you can think of. Like my Hoosier officer Bushobi said, "DOCUMENT EVERYTHING". This kind of deal puts LEO's in a very awkward position. Believe me many have been the time I wanted to kick some doe head's seat in favor of the other complainant but we are not to choose sides and we are suppose to be emotionless robots.
    My heart goes out to you.
  • Matt45Matt45 Member Posts: 3,185
    edited November -1
    7mm-

    What ever happened with this?

    Reserving my Right to Arm Bears!!!!
  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    Funny you bring this up. I'm getting ready right now to go to District Court over this. I wound up getting two charges for harrassment and decided to fight the both of them with a lawyer. The lawyer made some calls and got the police to drop one of the harrassments if I plead guilty to the other one. The lawyer thinks it is better to do that because the one charge is for placing my hand on Michelles shoulder which is against state law and yes he showed me. Both girls(wackos) got charged with Criminal tresspass and harrassment, according to the lawyer these are all summary charges and are not going to go anywhere, cost and fines and thats it. Now he did say that the Judge can order jail time for the criminal tresspass.

    They lawyer also typed a couple warning letters for the two wackos informing them that if they even so much as look at us they are getting sued and arrested, he claims this is an unofficial PFA and will stand in court if violated. The lawyer also informs me that these two wackos have not picked up their summons from the post office and both may be noshows today, if they skip they will get placed in handcuffs and brought in by constables or police, could be embarrassing for them. I also was told in no way will this harrassment charge affect my protection permit or affect my future gun purchases, it is a fancy traffic charge.

    Now I also took this a few steps further and became a real Richard Cranium. I went to the landlords of both wackos and raised a stink, both of them got eviction notices out of this, I told the landlords that I will gladly pay rent to them to get the wackos off my street. They said I do not have to rent the houses from them but they both do not want ghetto trash in their houses. Next I went to Children services and filed complaints against Michelle, they got some real interesting videos I made of her Timy Terrorists and her slumy house she keeps. Both of those brats may be in a foster home soon. Between the videos I made and the complaints witch all had ground, children services are breathing down her neck. Michelle also got charged with illegal fireworks and her kids have to answer to juvy probation because I filmed the little brats teasin THEIR dog with skribs, bad thing to do. Children services also got a copy of that! They also got good audio of little kids cussin like sailers and Michelle laughing about it.

    I figuered if I have to pay a fine, I would wreck their lives butt good. All I can say is this, if they woulda left me alone I would not have done this. Come to my house and raise hell and get me in trouble, you will pay!!
  • punchiepunchie Member Posts: 2,792
    edited November -1
    Congratulations on doing a job well. The 'system' can work for you with just a little advise and persistance. I don't think I would want to be in their position.

    AN ARMED SOCIETY IS A POLITE SOCIETY
  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    7mm, read your post and sincerely wish the best of luck in resolving your situation. Times have changed even in rural PA. Get that attorney and file any and every appropriate charge, claim, suit or request. Saddly, in PA, when a "man" verses a "woman", the woman will win regardless of the circumstances, even if it was in selfdefense. I have been there and got the t-shirt. Good Luck.

    Pack slow, fall stable, pull high, hit dead center.
  • Matt45Matt45 Member Posts: 3,185
    edited November -1
    I've got to agree with LTS, NOT being able to defend the privacy and sanctity of your home is wrong, and it's wrong on about a molecular level.

    I think you should * the hell out of your attorney, remember, HE works for YOU, not the other way around.

    Good luck, keep us in the loop!

    Reserving my Right to Arm Bears!!!!
  • nitrouznitrouz Member Posts: 1,820 ✭✭✭✭✭
    edited November -1
    I agree with everyone, get a surveilance camera setup, only $100-200 on todays market.
    -Get a dog or two...big mean dogs and not a beagle
    -Put a fence around your property to contain the dogs
    -Post your property- No Trespassing
    -Get a taser, highest voltage level
    -Get mace and pepper spray
    -When anyone illegally enters your house don't wound them, don't touch them, they must be dead to not prosecute and for God's sakes man put a unregistered pistol in her cold dead hand with none of your fingerprints on it.
    It sounds like where you live is Harlem or something so chances of your kids getting beaten, mugged, raped on the street are high. Your only defense for their safety is to get out of Dodge or you will eventually regret it. No man should fear reprisal in his/her own home. Wish I was there buddy, I would clean your streets and take care of your neighbor.
Sign In or Register to comment.