How to deal with neighbor who believes trees are adequate backstop

[IndyGunworks]

in his case "stupid" is really going to hurt for a long time. I wonder if he were to put up a backstop.... a really safe one... If he could go back to the judge and ask for the restrictions to be adjusted.

 

[87iroc]

I don't see him selling. He lives with his mother-in-law and she is the one paying the bills for the most part. He does have a job, but I do know she is the one who owns the land.

Oh, OK. Didn't realize that.

 

[Rookie]

Thanks. We are just sorry it had to take this to get the issue resolved. A backstop was all we were asking for.

In other news, my back stop hasn't let a bullet by.

 

[mom45]

In other news, my back stop hasn't let a bullet by.

 

[Bunnykid68]

Glad to hear the good news Mom

 

[Hoosier8]

I believe I can provide at least a partial update on what is happening in our situation. The neighbor had his trial on Sept. 2nd and was convicted of the criminal recklessness charge. I was waiting to see what they were doing with the charges against his friend who was also there shooting when the DNR arrived, and I guess the prosecutor is still talking to him. No trial date has been set for him and I got notice that he has another pretrial conference in about a month.

At sentencing, the judge put a ban on shooting on that property for as long as the neighbor lives there. No shooting by him, his family or his friends on that property for any reason with any type of firearm. I was not expecting that, but it sure goes a long way in making us feel safer. If we hear any shooting, we are to call the sheriff's department right away and they will send someone out. He got six months (suspended) with 12 months probation in addition to the shooting ban. It has been nice and quiet and we can actually walk in our woods and feel safe doing so.

I will update more when a decision has been made regarding the other person who was charged. I can't really give any more details other than this as I do not want to jeopardize the case against the second party. What I have stated above is all part of the public record so I feel comfortable sharing it.

Congrats Mom. I had not seen this thread for awhile. Happy to hear the court took some action.

 

[Snapdragon]

Good news, Mom.

 

[Kirk Freeman]

At sentencing, the judge put a ban on shooting on that property for as long as the neighbor lives there. No shooting by him, his family or his friends on that property for any reason with any type of firearm. I was not expecting that, but it sure goes a long way in making us feel safer. If we hear any shooting, we are to call the sheriff's department right away and they will send someone out. He got six months (suspended) with 12 months probation in addition to the shooting ban. It has been nice and quiet and we can actually walk in our woods and feel safe doing so.

Wait, wait, wait, so what you are saying that your right to your property is not absolutely and you cannot use your property as a weapon to hurt others?

You need to write INGO a memo!

 

[HoughMade]

What part of "shall not be infringed" do these people not understand?

 

[MrsGungho]

so glad to see the good news Mom.... extreme? Maybe so, but he wasn't told he can't shoot, he just can't shoot on his land. had he shown any remorse or desire to work with the situation I am sure it might have turned out different.

 

[Kirk Freeman]

What part of "shall not be infringed" do these people not understand?

I'm going to drive my car down the sidewalk and complain to my State Representative!

Oh, yeah, and . . . why do you hate Liberty?

 

[bwframe]

I read that as no self-defense shooting either. It sucks to be stupid, sometimes.

Self-defense is by definition a defense against a charge of violating some legal obligation. It cannot be taken away by a judge etc.

Isn't "Criminal Recklessness" a class D felony? Doesn't that mean no firearms in the home, car, etc.?

 

[mom45]

Wait, wait, wait, so what you are saying that your right to your property is not absolutely and you cannot use your property as a weapon to hurt others?

You need to write INGO a memo!

I suppose if he had hired a lawyer, it may have ended slightly differently. I believe he still would have been convicted, but he may not have shared some things in front of the judge that resulted in the sentence that was issued.

so glad to see the good news Mom.... extreme? Maybe so, but he wasn't told he can't shoot, he just can't shoot on his land. had he shown any remorse or desire to work with the situation I am sure it might have turned out different.

The judge pointed out to him that he could shoot elsewhere but made it very clear that he could not shoot on that parcel.

Isn't "Criminal Recklessness" a class D felony? Doesn't that mean no firearms in the home, car, etc.?

There are different levels of criminal recklessness and our prosecutor apparently did not understand this. I know I made sure they were aware that it should be a felony due to the involvement of firearms, but it was filed as a misdemeanor and they would not amend the charges. The only reasoning we could come up with was that they may have felt they had a better chance of making that stick since he has no prior criminal convictions.

 

[Fargo]

Isn't "Criminal Recklessness" a class D felony? Doesn't that mean no firearms in the home, car, etc.?

Simple Crim Reck is a misdemeanor. However, Crim Reck with a Deadly Weapon is a felony, I don't recall whether level 5 or 6. It sounds like they did this one as a misdemeanor.

 

[bwframe]

...There are different levels of criminal recklessness and our prosecutor apparently did not understand this. I know I made sure they were aware that it should be a felony due to the involvement of firearms, but it was filed as a misdemeanor and they would not amend the charges. The only reasoning we could come up with was that they may have felt they had a better chance of making that stick since he has no prior criminal convictions.

Simple Crim Reck is a misdemeanor. However, Crim Reck with a Deadly Weapon is a felony, I don't recall whether level 5 or 6. It sounds like they did this one as a misdemeanor.

How would one hold a prosecutor accountable for this error? Voting them out the only way?

 

[Kirk Freeman]

How would one hold a prosecutor accountable for this error? Voting them out the only way?

Error? It is the PA's call. He is the CLEO and has the football.

Yes, the ballot box is the remedy for removing a Prosecuting Attorney that one disagrees with.

 

[mom45]

How would one hold a prosecutor accountable for this error? Voting them out the only way?

I was told it was the state's case and it was up to the prosecutor as to how to file the charges so I do believe that would be the option. We have a VERY young guy in that office and his assistant is also a VERY young lady right out of college. They have lost quite a few cases on technicalities or dropped them at the last minute due to inadequate evidence to prosecute. The guy running against him is using this info to his advantage in his campaign.

 

[JetGirl]

What part of "shall not be infringed" do these people not understand?

Your right to swing your fist ends at my nose.
Mom45 was infringed upon...by the jackass shooting onto HER private property. Not the other way around.
He got what he deserved.
Actually, he got better than he'd have gotten if he'd been shooting at me or mine. Straight up.
She handled it like a lady. I'd have handled it like a rabid ****ing dog.

 

[mom45]

She handled it like a lady. I'd have handled it like a rabid ****ing dog.

My husband restrained me and the neighbor knows it!

 

[Kirk Freeman]

Your right to swing your fist ends at my nose.

I see you are new to INGO.

If you have been around INGO you will learn that:

1. Your property rights are absolute and you can do whatever you want.
2. Your property can never been used as a weapon against your neighbor.
3. If you disagree with #1 or #2 you hate Liberty and are a fascist.

Welcome to INGO. Hope you stay to learn more.