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Need some help from the LEOs here.
Big Sky Redneck
Member Posts: 19,752 ✭✭✭
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?
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
Best!!
Rugster
Toujours Pret
Edited by - Rugster on 08/18/2002 15:05:31
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.
Bartman
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.
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 !!! )
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
feel for you 7mm
I dont give my guns without somebody getting hurt!
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
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?
Gun Control is Hitting Your Target!
Edited by - armed_ female on 08/18/2002 22:27:37
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
NRA Lifetime Benefactor Member.
SSgt Ryan E. Roberts, USMC
Bartman
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
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
I forgot to mention I live in PA, south central PA in severe redneck land!
Do you have the name and phone number of the CO Of troop G in
hollidaysburg., or BPR in harrisburg?
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
If I knew then, what I know now.
My heart goes out to you.
What ever happened with this?
Reserving my Right to Arm Bears!!!!
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!!
AN ARMED SOCIETY IS A POLITE SOCIETY
Pack slow, fall stable, pull high, hit dead center.
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!!!!
-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.