Drama in my neighborhood continues ... Maybe I should just move ...

[leetninja]

As of late, for the past two months, I have been having problems with a neighbor which makes me really unhappy to begin with but basically it is over some really incredibly stupid shit. Shit that really has very little to do with me directly. Without getting into all that I basically ignore him, don't engage him, and try to take the "high road" as it were. He is an older (probably in his 60's) guy and I try to respect my elders.

It started with him yelling at me and calling me names because I used a neighbor's driveway to turn around - That was about a month and a half ago.

It escalated to him coming over to me and threatening: "I'm going to kick your fucking ass up and down the street." - That was about a week and a half ago

Tuesday it hit a new escalation...

I was shoveling/plowing out a friend/neighbor's driveway (FWIW my friend is disabled and can't do it himself) so anyhow, crazy old guy got in his truck (large Chevy with a full size plow) and dropped the blade, screaming "I'm going to fucking kill you mother fucker!!!!" and speeding towards me with the blade down as fast as he could go on the snowy road - I froze up - I just did not know how to react - I didn't have time to jump off my ATV (with a plow) or throw it in reverse by the time I realized he was coming right for me - I stood up and tried to grab for my weapon - I knew he wasn't going to stop - I had new gloves (thick/heavy) and new pants and I couldn't get to it right or fast enough - I tripped off the ATV more or less and tried to get away from it/him as fast as I could and he slammed on his brakes - he stopped quite literally less than 4 inches from me and the ATV.

Neighbors and friends all witnessed this and heard it - one screamed they were calling the cops - he took off down the street with the blade still down and pushed as much snow as he could into my fence - my fence is now bent/broken at the gate

I found out that several neighbors saw this and all called the police - I called them as well - The police arrived and talked to me, my neighbors, the witnesses all separately, came back to me and said everyone collaborated my story exactly, and brought me over to the group - the officer said that he will now speak with the crazy guy who at this point had tried to approach the group and was told to go back to his property quite sternly by the officer.

After about 10 minutes there were five of us standing around talking about how we can't believe this, what the hell was wrong with this guy, blah blah blah and the cop comes back and says that he spoke to him and he is off his rocker, not stable, crazy, and that he was told very clearly not to come near me or speak to me for any reason again - then he tells me and I quote

    "If this guy does anything, if he comes towards you making threatening gestures or his truck or anything crazy like this again and you can't get away or our of the way ... you have a gun ... SHOOT HIM. You have the right to defend yourself especially in this case. Then call us."

I asked him why this guy isn't in the back of the cruiser. He said that because he said that he was going to kill me but if he wanted to he would have and because he didn't touch me or hit me with the plow, that the intent isn't there. My neighbors and the other witnesses at this point pretty much questioned the cop. They said that they can't understand why he isn't being charged with something at this point. Then one of them said "What if this lunatic comes after me?!" He was told that the crazy guy wouldn't. That was the only comment on it.

I said I want to press charges against this guy - harassment, criminal threatening (a felony in my state when in conjunction with a deadly weapon i.e. a PLOW TRUCK!), and/or assault with intent. He said that charging him was not up to me. I was in absolute disbelief. My number one rule is DON'T TALK TO COPS! Don't Talk to Cops, Part 1 unless absolutely necessary - I took my own advice and STFU at this point - it was obvious the officer was doing nothing about this and if I kept bitching it would probably go poorly for me.

I think we all hope to never have to shoot anything but paper targets. Or at least that is how I think about it.

Did I do the right thing?

It is hard to admit but ... I was absolutely 100% in fear of my life. I did not think he was going to stop or miss me - I thought that at the very least I would be maimed and probably would be dead with the speed he was going at - Would I have been justified in putting a stop to it/him with my firearm? According to law yes but I mean overall.

Should I have done something differently?

[leetninja]

Today this got out of hand even more.  I was plowing again because there were banks from overnight plowing etc - he called police and said I was pushing snow into the street.  100% NOT true.  The cop went to my neighbor's house first - wandered around their small yard and then started pounding on the door.  I got a phonecall that he was looking for "the asshole with the atv and the plow" so I decided to go outside because I didn't want them to be harassed by the kop. 

It went downhill.  He berated me, called me names, screamed and swore at me about the snow being pushed into the street.  The neighbor's kid started recording and I blurted out "there is an audio and video recording in progress" he flipped out screaming at a 15 year old to shut the phone off NOW blah blah blah - he continued to try to rip me and I simply stated over and over and over like a broken record "I did not push snow into the street." that is basically all I would say.  When he became more abusive I said "You know what?  I'm done here speak to my lawyer." he had no response just silence for a good solid 10 seconds so I started walking away.  He screamed at me to get back here etc and from about 30 feet off I said "Unless I am mistaken, I do not have to speak to you at all.  Am I under any duty to continue this conversation with you?" He screamed back at me "YEAH YOU ARE GET THE FUCK OVER HERE!" I wouldn't.  I said again to speak to my lawyer.  He told me to get over there again I asked if I was being detained he said YES.  I asked for what.  He wouldn't answer.  At this point my neighbor interjected that I hadn't pushed snow anywhere but into the yard and that it was plain to see by the fresh marks and packs of snow that it was from me.  The kop told him "Know when to keep your mouth shut.  You don't want to be involved in this!" my neighbor said "I am involved." then the crazy guy from the other day comes and starts walking down the street - laughing and pointing at me like a complete asshole.  I seized the opportunity to point him out and tell the officer that this is the man that tried to kill me just the other day and I do not feel safe with him glaring at me, laughing, skulking, and lurking and that I will be leaving now.  The officer continued to ream me out about snow in the street.  I went back to broken record mode.  Then he threatened to give me a ticket - I said "If that is what you think is needed please issue it so I can see you in court and go home now.  I have better things to do than deal with false police reports being made by a lunatic that tries to kill me, this is retaliatory false statements and furthermore it is slander or libel I forget which because I am a little worked up.  Point being this conversation is OVER.  I will not be spoken to like this or treated like this.  You can either go away and realize you are wrong, or give me a ticket as you threatened to, or you can arrest me - choose one and do it!"  He handed me a peice of paper from the DPW about snow removal blah blah and got in his car and left.

I have been upset since Tuesday when the whole plow incident occurred.  My neighbors have been scared and upset as well.  We decided to go try and relax get some coffee etc.  An hour later we were still pretty pissed off and upset.  I went to the PD and filed a formal complaint.  I ground it home that I am being harassed, that I am in fear for my safety, and that I am appalled that the PD is not making arrests or charging this guy for coming after me like a lunatic.  I also ground it home that it is not illegal to record a police officer as long as it is stated that there is an audio and video recording in progress.  He agreed to all of this.  The Lieutenant said he would look into this all because he agrees with me.  He called me about 30 minutes later and told me that it wouldn't happen again, that he had spoken with the officer who apologizes for his demeanor etc and then he made an excuse for the behavior that I just let slide by.  I didn't want to argue with the guy.  He seemed helpful but I have my doubts and never trust any of them anyhow. 

I am going to court tomorrow morning and filing for an order of protection against the crazy guy.  If nothing else, I will have a paper trail so that if/when he comes after me again, I will be justified in defending myself in any way needed.  Hopefully it doesn't get/come to that point but from what everyone tells me he is nuts and has a violent history.

Is there anything else I should be doing?  Should I have handled something differently? 

[leetninja]

This is basically what I have found regarding laws that pertain to my situation:

Code Select Expand


631:3 Reckless Conduct. –
    I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
    II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.
    III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.

631:4 Criminal Threatening. –
    I. A person is guilty of criminal threatening when:
       (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
       (b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
       (c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
       (d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
       (e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
       (f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
    II. (a) Criminal threatening is a class B felony if the person:
          (1) Violates the provisions of subparagraph I(e); or
          (2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
       (b) All other criminal threatening is a misdemeanor.
    III. (a) As used in this section, "property'' has the same meaning as in RSA 637:2, I; "property of another'' has the same meaning as in RSA 637:2, IV.
       (b) As used in this section, "terrorize'' means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.

   625:11 General Definitions. – The following definitions apply to this code.
    I. "Conduct'' means an action or omission, and its accompanying state of mind, or, a series of acts or omissions.
    II. "Person'', "he'', and "actor'' include any natural person and, a corporation or an unincorporated association.
    III. "Element of an offense'' means such conduct, or such attendant circumstances, or such a result of conduct as:
       (a) Is included in the definition of the offense; or
       (b) Establishes the required kind of culpability; or
       (c) Negatives an excuse or justification for such conduct; or
       (d) Negatives a defense under the statute of limitations; or
       (e) Establishes jurisdiction or venue.
    IV. "Material element of an offense'' means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unrelated to (1) the harm sought to be prevented by the definition of the offense, or (2) any justification or excuse for the prescribed conduct.
    V. "Deadly weapon'' means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
    VI. "Serious bodily injury'' means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.

Important parts:

625:11 General Definitions. – The following definitions apply to this code.
V. "Deadly weapon'' means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.

631:3 Reckless Conduct. –
    I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
    II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11

631:4 Criminal Threatening. –
    I. A person is guilty of criminal threatening when:
       (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact;
    II. (a) Criminal threatening is a class B felony if the person:
          (2) Uses a deadly weapon as defined in RSA 625:11

I think that we can all agree that a full size truck with a full size plow at high speed can be seen as a deadly weapon.  It is certainly capable of producing death or serious bodily injury.

[AntonLee]

I don't blame you for doing what you did.  That neighbor sounds like a lunatic for SURE!  That snow in the street cop sounds like he could be related.

[Pat McCotter]

Has this been brewing with this guy for a while or is this new behavior for him? If new, it sounds like there may be some physiological problem that his family or, absent finding them, the town should be investigating to see if he needs medical attention. It could be triggered because of all the snow but who knows? You are right in defending yourself, though.

[John]

This is in Salem right?
Have you had trouble with him - and/or other neighbors - before?

[Free libertarian]

 Your situation doesn't sound good.

Get a video camera, keep it on you at all times.  Any chance the asshole cop video will get posted here?  People should know about their "public servants" behavior.

 

[Firewall99]

When I wanted to take out a restraining order once, I was told that I needed three police complaints first. 

I don't know if that is true or not (Frankly, I doubt it.), but if crazy guy gives you a chance by threatening you again, it wouldn't hurt to go down to the police station and file another complaint to bolster your court case as long as it's another good, solid complaint.  Make sure to get it all on paper.

Don't call it in, or you might get crazy kop again.

[Tom Sawyer]

I would suggest that all communications with the authorities go to more than one person so that they don't just glad hand you.

[leetninja]

Ok.  I all but give up.  I dedicated today to doing the right thing, to protecting myself and my safety, and I have failed miserably because of a system that is stacked against the victim and against the law abiding citizen.  My neighbor, his son, and I went to superior court today.

First up: Filing the restraining order.  It costs $205 to apply for a civil restraining order, plus an additional $45 filing fee.  The only way to have these fees waived is if you can prove that the agressor is "Stalking you" per some RSA that I started to read, and then gave up. 

I was told to go speak with the County Attorney's office. 

Second up: The CA tells us that basically there is no reason that this guy shouldn't be in cuffs and charged with TWO class B felony charges.  This may be what is being done in the background but apparently we have to wait to see what the PD will actually do if anything.  I was advised to give it until next week, and then call and ask directly.  If not satisfied with the response start going higher, and higher, all the way to the Chief if need be - and to document it all.  It could take a while especially if there is a back log.  He was amazed that there wasn't an arrest the entire time.  I took all of this with a grain of salt but I feel as though I/we did get a lot of good advice.

Third:  I called the Department of Public Works.  I wanted clarification on the following statement: "No person shall shovel, plow or in any way move or cause snow to be moved from private property to a street or sidewalk"

What I wanted to know was basically I understand that I can not leave it in the street.  Nor would I ever do that.  What isn't clear is if you can plow the slush/crap/any snow etc into a snow bank that is not the road.  Is there any law against that?  I don't see one.  I called and got a secretary and asked for the head of the DPW.  She said he was in a meeting but may be out soon was there anything she could help me with.  I explained to her what I wanted to gain clarity on.  She advised me that I can push it into a bank without breaking any law or ordinance as far as she knows.  She then said that the ordinance is meant for people to not just throw the snow into the street.  I agreed that would be in poor taste and could even cause an accident and I said I just want to make sure it is ok to push up and into a snow bank.  She said that is fine but that she could double check with Head Honcho guy.  I said that would be excellent and gave her my first name and my phone number to call me back.  She promised a call back by EoD and it never happened.  So I just have the word of a secretary for now.

So basically a whole day and not really too much accomplished. 

The situation is continuing to escalate.  He keeps watching me drive by.  I swear he is sitting and waiting and when I drive by to go somewhere he immediately comes outside and tries to stare me down.  I thought I was crazy and then I tried it.  Over 6 hours I left my house to run an errand or two 5 times - I am 5 for 5 on him coming outside and staring at me as I drive by.  The neighbors are all telling my friend (other neighbor) and I that he is dangerous and crazy and has a violent history.  I have told the police this in hopes that they will do something but basically I think that he is just going to attack me again.  I am pretty sure of it. 

I really just don't know what to do.  I don't want to have to live in constant fear for my safety because of this jerk.

[leetninja]

Has this been brewing with this guy for a while or is this new behavior for him? If new, it sounds like there may be some physiological problem that his family or, absent finding them, the town should be investigating to see if he needs medical attention. It could be triggered because of all the snow but who knows? You are right in defending yourself, though.

This is new behavior from him.  Personally I believe his hostility towards me is because his "best friend" and relative is in a land dispute over a lot line with my family.  The other party lives behind me and is claiming that my house (originally built in early 1930's I believe, rebuilt in 1985) is 3" on her property - they have been engaging in disturbing practices as well.  Stupid BS childish stuff like throwing a banana peel in my driveway on an almost daily basis.  I have pics/video - police laughed at me when I mentioned it.

[leetninja]

This is in Salem right?
Have you had trouble with him - and/or other neighbors - before?

Yes this is in Salem.  North Salem actually. 

I have had trouble with one other neighbor in particular but everyone else likes me.  The past trouble was a while back and involved a neighbors grandchild trying to burn a house down.  More detals: http://nhunderground.com/forum/index.php?topic=15151.0

[AntonLee]

I would so be driving by 100 times a day, just to make him stand outside.  I'd smile wave and get it all on camera, each time.

[Russell Kanning]

I don't think the cops will help you.
If I was in your shoes, I would be having fun talking to all my neighbors except that guy. You guys have lots to talk about.
I would treat him like other thugs (like cops, street gangs) and not talk to him.
The good news is I don't think he wants to kill you .... because he would do that in secret not with a plow while everyone is watching. He just wants to win arguements and look tough.
Somewhere he also has a gang to back him up. I don't think the cop gang will help you.

[leetninja]

I don't think the cops will help you.
If I was in your shoes, I would be having fun talking to all my neighbors except that guy. You guys have lots to talk about.
I would treat him like other thugs (like cops, street gangs) and not talk to him.
The good news is I don't think he wants to kill you .... because he would do that in secret not with a plow while everyone is watching. He just wants to win arguements and look tough.
Somewhere he also has a gang to back him up. I don't think the cop gang will help you.

Believe me I know that the police are not here to help me.  I have zero faith in them anyhow but unfortunately I have to play by "the rules" in order to avoid a small cage for long durations.  My preference is to stay out of a cell. 

I have been ignoring and not engaging him I have been talking, laughing, and enjoying my time with my other neighbors which does seem to annoy him.  I think he is allergic to joy and happiness. 

I think he wanted to kill me, and only stopped because he saw me reaching for something that scared him - he also didn't see the other people that were around at first.  However I think he is going to try to harm me when no one is around.  Or harm my neighbor when no one is around.  He is dangerous and aggressive.