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It' a Hi 8 Camcorder,I still have the tape just nothing to play it on yet.Waiting on a police report to file charges.I'm not 100% sure what all is on the tape except him depositing his trash on my place,possibility it caught him taking the first swing and hitting me.
[QUOTE=kyfanatic;471950]It' a Hi 8 Camcorder,I still have the tape just nothing to play it on yet.Waiting on a police report to file charges.I'm not 100% sure what all is on the tape except him depositing his trash on my place,possibility it caught him taking the first swing and hitting me.[/QUOTE]
That's a piece of good news for you. Whatever statements he made to the police will probably (hopefully) be contradicted by your video evidence. I hope this idiot at the minimum has to pay some sort of fine. Jail time is probably not forthcoming for him. If the tape also has audio that should assist you too.
I wish the best for you and hope this moron of neighbor is taught a lesson.
I think I have one of those recorders. If you want to see what you have let me know. I am in lexington. I say let the police handle it if you can. But if he pulls this again drop him like he is HOT. Your property he should keep his but off it. I would also place a couple of no treaspassing signs by my driveway. Good luck and get well.
You don' need a police report to file a warrant. I would be down there when the court house opened.
Along with legal, criminal law action, don't forget "civil action".
Local court house trip and request a restraining order that he stays off and away from your property and your person incluidng your family. Get on the record!
File a small claims action, and sue to regain the costs of your medical costs.
Every time, not once in a while, but everytime he enters your property or threatens you, call 911, and get it recorded on the record. Sometimes, consistency of behavior tends to support an alliegation of agressiveness.
Do avoid direct confrontations, retreat, and take notes, then call.
Now the last part to consider. Sometimes things escalate and it's out of your control due to the other person's behavior. Do be prepared to legally defend your self, including non lethal means such as mace. Do get smart about what constitutes your right to defend yourself. And do not rule out the possibility it may get worse, so do the homework, get the permits required, call 911 often, get on the records!
And above all, don't blame yourself for the bad behavior of others. The things you do to prepare will make you more confident, and will help you to feel better about your self.
ORRRRRR.....just call GEO and he''ll mess the guy up :)
I am not qualified to give legal advice, but it is my understanding that you can use deadly force to protect yourself if you feel your life is threatened. That does not mean that the same applies to protecting personal property. He has no right to be on your property, but you cannot shoot him for trespassing regardless of how much you think he deserves it. JMO
[QUOTE=zx150;471964]You don' need a police report to file a warrant. I would be down there when the court house opened.[/QUOTE]
Well,I was at the County attorneys office yesterday and they refused to file my complaint without a police report,they also told me that if this guy got the report and filed against me first they would take his charges and not accept a cross complaint.I've lived in several cities in Kentucky and never saw a place run like Pendleton county,they are still on the good ol' boy system and this guy grew up with people here,I didn't.
I would go to bass pro shop & purchase a trail camera with the infrared on it. Put it up on your property looking at where the problem is. The more proof you have the better off you will be. You can record videos on these also, not just still pictures. You can also get locks for them to lock them to the tree you hang them on.
Just my thought,
Jason
[QUOTE=kyfanatic;472014]Well,I was at the County attorneys office yesterday and they refused to file my complaint without a police report,they also told me that if this guy got the report and filed against me first they would take his charges and not accept a cross complaint.I've lived in several cities in Kentucky and never saw a place run like Pendleton county,they are still on the good ol' boy system and this guy grew up with people here,I didn't.[/QUOTE]
Ohh boy they don't play banjos up there and like purty mouths do they?:p
Sorry just having a little fun. Well if they lay the rules out then play by their rules....but document what is going on. I would have a witness with me when talking to anyone about this at the courthouse. Maybe take names as well.
[quote]I called 911 and drove home,it took 1 hour for the State Police to arrive,they came to the house and immediately started giving me hell saying I instigated the whole thing,my camcorder is destroyed so i couldn't show them the tape,because this neighbor had a cut on his head they threatened to arrest me[/quote]
[QUOTE=kyfanatic;472014]Well,I was at the County attorneys office yesterday and they refused to file my complaint without a police report,they also told me that if this guy got the report and filed against me first they would take his charges and not accept a cross complaint.I've lived in several cities in Kentucky and never saw a place run like Pendleton county,they are still on the good ol' boy system and this guy grew up with people here,I didn't.[/QUOTE]
It appears as if the amounts a problems you are having with this nut are increasing in frequency and severity.
Considering the police and county attorneys response towards you, if it were at all possible I would consider moving at some point . Life is just two short.
Yes your are in the right, and can draw a line in the sand, but it sounds like you are in a no win situation that at best will make your life miserable, at the worst could end up with serious legal or physical consequences.
I am sorry you are having to go through this. I hope you find someone in authority that "sees" your side of the situation.
According to KRS you do not have to have a report to file a warrant. Reports go to detectives to figure out who done it. Warrants by pass the report process. What is happening is the state and counties get more money for more crime. Warrants do not figure into the national figures reports do. Therefore your county is requiring a report. It is BS and the government at it's best.
They have tried to do the samething here in Jefferson county but it has not worked out too much paper work.
[QUOTE=MsgMills;471857]Srry to say this but I believe it to be true..You do have the right to protect yourself from bodily harm against this jerk. If you have the right to carry and conceal or just plain open carry a pistol...Then by all means protect yourself and if that means shooting the thug, then so be it...Remember dead men tell no lies as a State Trooper once told my dad after some punks broke into our house and stole quite a bunch of our possesions while we were gone one day.[/QUOTE]
A person doesn't need a permit to carry a weapon if he is on his own property. That would be the same as needing a permit to keep guns inside your house.
The only way to stop a problem is to confront it head on without fear. Thugs can read your voice and body language and tell whether you are scared or not. If they detect either, they will torment you until the day you die. Doesn't your county have a law against littering which includes a fine? If it does, look through the garbage and pick up pieces of mail or other papers that have their name and address on it and hold everything as evidence. Go to the District Attorney's office and ask for assistance to swear out a warrant for their arrest. You may also want to leave the rest of the garbage lying where they dumped it and call the EPA and ask for their help. They are cracking down on illegal dumping and stream pollution in my county and have recently handed down a $150k fine for dumping on another man's property and into a creek that was nearby. It gets to be expensive when the EPA hires contractors to clean up the mess and forces the violator to pay the bill plus a fine.
I have a carry permit and always carry a handgun in my car because I travel alone most of the time. I went to GA a couple of weeks ago to spend some time with my husband. I was walking my Shinese puppies in the side yard and saw a Pitbull-Lab mix running toward them. I yelled and he turned back. Two days later the same thing happened again only he had a red Pitbull with him and they were coming for blood that time. They didn't respond to my yelling at them and kept coming. I pulled the pups back to my feet and pulled out my handgun and drew down on the one closest to me. About that time, I heard a man calling the dogs back, which they responded to. I held the gun down by my side and told the owner in a loud voice, "You were lucky this time but if I ever see one of those dogs in this yard again, I WILL kill it. You already know they are dangerous and this is the ONLY warning you will get." With that I picked up the puppies and walked back into the house. The man was visiting next door and had brought those dangerous dogs with him and was allowing them to run loose while he ran his mouth. The dogs never came back while I was there.
Don't give in and don't give up until you get the help you are legally entitled to.