Assault & Battery Private property assault

[rick39520]

On New years this year I reported hearing gunfire from the direction of one of my neighbors houses whom we've had a scare with a weapon before. After the police left, this guy started calling my house telling me he knew I had called the police and he wanted me to know that he knew who the snitch was. I called for the officer to return. When he did the officer went to the neighbors house and supposedly told him to knock it off. After three calls to the police for the continued harrasament they finally got into a shouting match in the street. Again, no help from the police. The neighbor proceeded to get nasty on facebook even tho I tried to tell him that it was not the place to talk about people and that I would hold him responcible for the hurt he caused. After about ten minuites I realized that to just ignore him would be the best option. During the course of the facebook conversation he informed me how connected he was in town and that because of his connections he "is the man" and there was nothing that could be done about anything that he said. I finally just let it all go to childish behavior. Last night at dinner I get a knock at the doorstep. I answered the door to one of this neighbors friends asking to talk to me. When I went outside he told me that he was there to let me know that he was helping the neighbor by the neighbors request to stop me from causing the neighbor any problems. When I asked him to repeat himself to make sure I had heard him right he told me that he was down here to show me that the neighbor was not to be bothered. I told this guy to get off my porch wanting him away from my door. At the top stair of my house is a porch with an old door lying sidways to keep small dogs from getting loose. Behind that door to prop up the door from falling is a wooden bar stool. Both have to be moved to gain access to the stairs. While I was moving the door and the stool to walk the guy off my steps when I heard something drop. When I turned to face him better hi was coming back up the steps with a piece of 2x4 kind of behind him like he was going to hit me with it. I pulled the stool that was already in my hand to the front of me trying to get him away from me. This hit either him or the stick or the porch, I'm not really sure, but after backing up the guy came at me a second time. This time he got hit with the stool on his forhead and it knocked him to his knees. Believe it or not, this all happened before my girlfriend could even come to see what was going on. As soon as she came out of the house I told her to call 911 which she did. While the guy was sitting on the ground he started talking about my neighbor again. That he was there for my neighbor and "someone" had a gun. While I was standing by my steps I noticed a knife about 3 feet from this guy so I picked it up and threw it under the house. While I did this I saw the 2x4 by my truck and moved that out of the way as well. I asked the guy if he had any more weapons and started to empty his pockets. When I didn't find anymore I stood back and told him to relax, that the police had been called and would be there soon. I was getting worried about the cut on his head so I told my girlfriend to call the police again to tell them to hurry. About that time he started to get aggressive again and I told him to just relax and sit down. About that time he jumped up, grabbed the stuff from his pockets and started to run to the back of the house. When I walked back to see where he went I saw him running up the other side of the house where my back door is. Somewhere along the line I had sent my girlfriends kids to the neighbors, but my girlfriend was still out in front of the house. I ran back to the front and saw him running down the street towords this neighbors house. I told my girlfriend to go to where the kids were and I again called 911. I was a little excited and cussed during the call trying to tell the operator that this guy was talking about a gun. The operator just got offended and told me not to talk to her that way and that the call had already been placed. As soon as I got off the phone this guy came walking back down the street again talking about the neighbor having a gun. I picked up a stick and hid behind my truck and told the guy that if he came back on my property I'd hit him again. He started telling me that he was going to press charges and that I would'nt get away with it. About that time the police finally showed up and I told the cop that the guy might have a weapon. I was still behind my truck. After the search and the call for the ambulance the cop asked what had happened. He stated that He had just answered a call about this guy from a store in a different area and all had decided not to arresst him. The cop told me he had driven the guy to my neighbors house not a few minuites ago and that another county was in the process of getting a warrent for this guy because he had apperently assaulted his girlfriend and her mother earlier that night. I gave the cop the knife from under the house and told him all that had happened. He asked me to write a statement and I did. He was on the phone with an investigator and I guess they decided to hold the guy at the hospital long enough for the other counties warrent to process. In the mean time it was a case of self defence. About an hour later I got a call from the same police officer telling me that the investigator had decided to come and talk to me. I was told I was not under arrest, but I was read my rights and asked to give another statement verbally. All this after the investigator took a bunch of pictures, took my stool. the stick the guy had and the one left on my truck by me trying to scare the guy off. The cop even told me when I asked him what was going on that he didn't understand it either. When I got into the investigators truck and he read me my rights I got scared and said on tape that I'd already given a written statement, I didn't have anything else to add or nothing would change and asked to not make another. The recording was stopped and the investigator said that it would have been better on me to have made the statement. It felt like he was trying to talk me into doing the right thing so I told him I'd give the statement. He kind of smiled and said I'd already refused. I told him I was just confused and scared, could we do it tomorrow after I calmed down and he agreed. He then told me that he wanted to talk to the kids as well so 4 this afternoon was decided. Am I in trouble? Is giving another statement smart? I've since found that this guy's family has money, and the problem neighbor seems to be family with the local group of law enforcement and polotics. What Should I do Here?

 

[army judge]

You need to speak with an attorney in a big city, free from any influence of your town. You need legal help pronto. If I were you, I'd advise the investigator that you will speak to him with your attorney present. Your attorney will contact him in a day or two and make an appointment. But, under advice if your attorney, you can't speak to the investigator without your attorney present.

You might want to move. This guy is gonna make big trouble for you. Some little villages do business this way. if you value your life and freedom, get outta there soon!

 

[mightymoose]

As you describe it, you are not likely in trouble, but you could be greatly hassled over it all. If this guy that was struck with the stole wants to push the issue then the police will investigate it. You are not in danger of being arrested.
You should not speak with anyone without an attorney present- and personally, I would not even bother getting an attorney unless things escalate further. In the mean time you can consider obtaining a restraining order against the neighbor and this guy that showed up at your house.