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beligerent new neighbor, advice needed

I wish...apparently that isn't so here. A friend of mine woke up around 1am to find 3 punks stealing a couple ATVs from his garage and he fired a warning shot. Of course they took off running but one fell and broke his ankle. Long story short, it went to court and was thrown out. But it was thrown out because the kids didn't show on time. The judge in no uncertain terms stated he would have found my friend guilty. So even though they were trespassing, breaking and entering a garage, and stealing he was in the wrong to fire a warning shot. Stupid...
Shoot to kill.....
 
The judge is correct.

I'm not going to engage in a gun rights debate here.

Yeah, not wanting to debate here either. I just remember finding the whole situation absurd when it happened earlier this year. Especially given our criminal trespass laws, specifically, the property owner isn't liable for damages to others who trespass. I did have to chuckle at the DA's comment when it was dismissed, "I didn't really want to try this anyway since I'd have done the same thing."
 
The judge is correct.

I'm not going to engage in a gun rights debate here.
As a "gun nut"... I agree with the judge.

A warning shot is a waste of ammo, a risk to others (unless it's birdshot, and then it's not a serious risk to the intruder), and the only thing it serves as a "warning" is it warns the intruder that if he has a gun or pepper spray, he needs to get ready to use it.
 
Ouch has it right, do what you do on your own property and call the police to report a threatening trespasser on your property the instant he crosses your yard. If necessary file a restraining order if his first visit with the cops doesn't straighten him out. Actually it might be a good idea to call your local police or sheriffs department to report his harassment as soon as possible to get it on record for his next episode and give the officers something to work with when he next crosses the line. Do not hide from him but do not directly engage him if at all possible, your local law enforcement will be able to quickly tell who is the problem. He will learn or he will be fined and eventually jailed.

This is sage advice for anyone with this problem in the future. You need to have the report on file, and more importantly, be the first one to file it. If anything crazy happens then you will be perceived as the "victim" from the start which is a huge leg up in the legal system. It sounds like this has resolved itself for the time being. Watch your back though, he doesn't sound like the type of guy that will let things go. There are plenty of security options that are cheap upgrades to game cameras. You may want to look into CCTV systems. They'll give you a nice 360 of your property day & night, and save video to a designated hard drive. I'd be worried that this guy might be creeping around when your not home. I don't want to induce panic on your end, but I don't trust to many people.
 
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This is sage advice for anyone with this problem in the future. You need to have the report on file, and more importantly, be the first one to file it. If anything crazy happens then you will be perceived as the "victim" from the start which is a huge leg up in the legal system. It sounds like this has resolved itself for the time being. Watch your back though, he doesn't sound like the type of guy that will let things go. There are plenty of security options that are cheap upgrades to game cameras. You may want to look into CCTV systems. They'll give you a nice 360 of your property day & night, and save video to a designated hard drive. I'd be worried that this guy might be creeping around when your not home. I don't want to induce panic on your end, but I don't trust to many people.

Game cameras were just a stop gap measure. The real outdoor CCTV system went in last thursday. I have a cousin in that business so I was able to have professional setup and good hardware for a reasonable price. Even if this situation is (hopefully) resolved, I can look at it as a good investment and addition to my security system.
 
Build a large multi-dog kennel in your front yard and start raising beagles. That'll show him. Teach 'em to smoke, too! :wink2:
 
. . . I suffer from an agoraphobic/panic disorder condition which I've been treated for this past couple years, and I was too upset and flustered from surprise to think of any way to respond and so I just fled into the house after stammering for a moment. . . [/QUOTE]

FWIW (I'm not credentialed to give advice) --

If the guy is as aggressive as you say, a visible camera will be like a red flag to a bull. His thinking will be:

. . . "Do you think you can frighten me with _that_ ?"

A hidden camera _might_ be useful. But if you need its photos, the situation will have escalated from "neighbor problem" to "legal problem".

You've been presented with a situation which is precisely fitting in with your tendencies. I'd ignore all the bluster and counter-threats and invective and rhetoric that you've just read here. Instead:

. . . a) continue with treatment -- it will help you stay on an even keel;

. . . b) contact the homeowners' association (it exists, yes?) and describe what happened. The HOA probably has some experience in dealing with unreasonable complaints.

. Charles
 
Don't worry about this. It's a 2 secound fix. Well, 5 seconds since you've screwed the 1st one up.

Sure he's mentally unstable. A nut. Keep that in mind when you deal with him, & deal with him you must. Alerting the HOA, Police, & neighbors is prudent. But YOU handle it. Grow a pair & resolve it by yourself. It will come again. He will cross the street again. Deal with it.

Or don't......................................... you decide. But this will not go away until YOU decide.

End of story. Done.

It's his kids & his wife I'm really concerned about. They're trapped & they deal with this behavior every day.

I wish I had a better solution, but there's not one. Life is cruel that way.

Good luck.
 
Set up a video camera next time you're outside. Then bring the footage to the police after he decides to wig out.


Edit- saw that you installed CCTV. Good call.
 
. . . b) contact the homeowners' association (it exists, yes?) and describe what happened. The HOA probably has some experience in dealing with unreasonable complaints.
Alerting the HOA

No HOA guys... and even if there is, this is NOT a matter for the HOA... it is a matter for the neighbors to work out, and if they can't, then the police if one of the neighbors escalates.
The HOA's purpose is to provide maintenance on common area grounds, and enforce the established CC&Rs which help to maintain property values.

Neighbor parks a hulk in his yard and paints his house purple = HOA issue.
Neighbor has loud parties = Borderline HOA issue, but more appropriately, the police.

The only authority the HOA has is:
1 - Say "Stop! Or I shall say 'stop' again!"
2 - Levy a fine

Levying a fine requires that the homeowner be called in to a fine hearing and explain why he should not be fined.
In the end, it might cost him $50 if the board has the huevos to uphold the fine when face to face.

And this guy is a renter... the HOA deals with the owner.

But... There is no HOA in this case.
 
My first thought would have been to walk up to him and put my cigarette out on his forehead. But...I digress... Seriously, you need to just simply "man-up" and call his bluff. Tell him to get the F**K off your lawn before you dislocate his knee. ( you must be prepared to spend the night in jail to support the strength of your convictions in this regard) Otherwise, there's a new sheriff in town and I guess it's your a**hole neighbor. You are only victimized if you allow yourself to be. I know many here would disagree with my methods, but at 52, I've dealt with a few of people like this. Plus, in my part of the south where people believe you should mind your own business, this guy wouldn't stand a chance. Political correctness doesn't go very far around here.
 
My first thought would have been to walk up to him and put my cigarette out on his forehead. But...I digress... Seriously, you need to just simply "man-up" and call his bluff. Tell him to get the F**K off your lawn before you dislocate his knee. ( you must be prepared to spend the night in jail to support the strength of your convictions in this regard) Otherwise, there's a new sheriff in town and I guess it's your a**hole neighbor. You are only victimized if you allow yourself to be. I know many here would disagree with my methods, but at 52, I've dealt with a few of people like this. Plus, in my part of the south where people believe you should mind your own business, this guy wouldn't stand a chance. Political correctness doesn't go very far around here.

Very well said!
 
The judge is correct.

I'm not going to engage in a gun rights debate here.

Here in Texas the judge would be totally out of line. We have the right to shoot to kill someone in defense of our property, although I would rather have my insurance company help take care of the loss.
 
My house is in an area populated predominantly by USAF families renting while stationed in the UK - My parents rented our house while we were stationed in the UK, and when my dad retired from the USAF, he decided he wanted to stay here so he bought the place. As far as neighbours go, you can do much worse than have military families nearby. They are generally courteous and make for a good community. The only downside is that they leave rather soon.

We've only had problems once and because we documented every transgression with proof, when we were unable to come to an accord we had what we needed. I wound up with a resprayed car, new guttering on the house, written apologies from all involved and ended up playing 18 holes with the base CO and a nice steak dinner, all paid for by those found guilty. Their first sergeant told us to call him if we ever needed the cars washed, guttering cleared or anything suchlike, and the culprits would be sent round on their day off to do it..!

At the time, I felt like hitting them, and instant karma would have soothed my soul. Having them come round every other week to make my car spotless however, was a damned good feeling. I'm sure their empty pay packets and general lack of free time also made an impression on them - certainly a longer lasting one than I could have left with my fist.
 
You must defend your turf man, it's not a public garden, he can't cross the street and set a foot on your lawn if he's not invited. Worst case scenario, he punch you and than you'll have material to sue him :) (Welcome in the USA).
 
I'd ask him to show me the town dress code that says you were not allowed to wear jeans on your own property. As far as his child seeing you have a cigarette...it's called a back yard, and I suggest he show it to his kid(s).
 
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