How to deal with neighbor who believes trees are adequate backstop

[Fargo]

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

Doubt it was an "error," it was likely intentional for a number of reasons.

For one, there is a case out there that holds that firing into a rural treeline is insufficient to support a conviction for Crim Reck. The theory of the state's case was that a hunter might have been out there..... This case is most likely distinguishable, but possibly not.

For two, filing as a misdemeanor does not automatically invoke trial by jury; the defendant has to request a jury trial in a timely fashion. Cases are way easier for the state to try to a judge instead of a bunch of random citizens.

For three, lots of people go pro se, like this guy did, in misdemeanor court. Conversely, the vast majority of of felony defendants seek counsel. Counsel who is likely going to know that there is a case out there that is uncomfortably close to holding that the prosecutor cannot win as a matter of law.

Ultimately it is the prosecutor's call, if it gets him unelected, that is his problem.

 

[mom45]

The theory of the state's case was that a hunter might have been out there..... This case is most likely distinguishable, but possibly not.

It wasn't that a hunter MIGHT have been out there. My husband and another neighbor were out there and both were in the line of fire. As the judge told the defendant, he was very lucky he was there on a misdemeanor criminal recklessness charge and not on a charge involving death or injury to a neighbor. My husband and the other neighbor both testified and the DNR and deputy both testified as well, backing up their testimony.

 

[JetGirl]

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.

I can prescribe you some excellent meds for that...

 

[Fargo]

It wasn't that a hunter MIGHT have been out there. My husband and another neighbor were out there and both were in the line of fire. As the judge told the defendant, he was very lucky he was there on a misdemeanor criminal recklessness charge and not on a charge involving death or injury to a neighbor. My husband and the other neighbor both testified and the DNR and deputy both testified as well, backing up their testimony.

Like I said, your case is probably distinguishable, but keep in mind that the statute as written at the time makes it subjective to the shooter and his knowledge and intent. From what you have said about your case, it sounds like the crim reck is on solid legal ground, but there is no saying what the Ct. of Appeals will do with something like this.

I am not defending the shooter at all or even saying that the prosecutor was correct in how he handled the case; I have no personal knowledge of the case or parties except from what you have posted. I was just trying to explain why it MAY have been handled the way it was.

 

[Kirk Freeman]

I can prescribe you some excellent meds for that...

Can you put them in the water here?

Have any medications that block the teachings of L. Neil Smith for INGO members?

 

[mom45]

Like I said, your case is probably distinguishable, but keep in mind that the statute as written at the time makes it subjective to the shooter and his knowledge and intent. From what you have said about your case, it sounds like the crim reck is on solid legal ground, but there is no saying what the Ct. of Appeals will do with something like this.

I am not defending the shooter at all or even saying that the prosecutor was correct in how he handled the case; I have no personal knowledge of the case or parties except from what you have posted. I was just trying to explain why it MAY have been handled the way it was.

I understand and appreciate your input. I looked for case law before we went to court because I wanted to know what the chances were of getting a conviction. I knew we had good documentation of the damage and solid evidence of the potential harm he could have caused. He had been told previously that his bullets were leaving his property and continued to shoot in spite of the inherent danger.

I am satisfied with the outcome as our main concern was the safety of ourselves and the other neighbors that were in the line of fire and we wanted the ability to use our property again. The sentence gave that back to us. If there is one bullet fired from his property, it will be called in.

 

[Fargo]

That he had been previously warned makes a world of difference in showing knowledge/intent. As I said, it sounds to me like your case was on solid footing.

 

[IndyGunworks]

Does this mean we can get pictures of your backstop now?

 

[mom45]

Does this mean we can get pictures of your backstop now?

And the point would be??? Have you never seen a huge pile of dirt before?

 

[jagee]

And the point would be??? Have you never seen a huge pile of dirt before?

About like this?

 

[JetGirl]

Does this mean we can get pictures of your backstop now?

And the point would be??? Have you never seen a huge pile of dirt before?

I don't get this exchange^.
Did I miss something important?

 

[IndyGunworks]

It was a call back, to when you were new here and we still were not sure of your intentions.... Was supposed to be a joke, that even after 7500 posts we still go back to the doubting. Whats old becomes new and all that jazz. and I have seen a big pile of dirt.... just not YOUR big pile of dirt!!!

 

[JetGirl]

and I have seen a big pile of dirt.... just not YOUR big pile of dirt!!!

Good, lord...if this is becoming an "I'll show you mine if you show me yours" thread, I'm Oh You Tee OUT.

 

[IndyGunworks]

Good, lord...if this is becoming an "I'll show you mine if you show me yours" thread, I'm Oh You Tee OUT.

We have all seen YOUR dirt, what are you afraid of?

 

[Fargo]

Good, lord...if this is becoming an "I'll show you mine if you show me yours" thread, I'm Oh You Tee OUT.

Are you the one who is pregnant or is that 88GT?????

 

[GodFearinGunTotin]

 

[mom45]

About like this?

Jagee, my son, this dirt pile is miniscule compared to what bucky the backhoe can pile up! Mine is big enough I let a 70+ year old neighbor lady that is learning to shoot use it as her backstop and don't worry about her missing it. My dirt pile is bigger than yours!!

It was a call back, to when you were new here and we still were not sure of your intentions.... Was supposed to be a joke, that even after 7500 posts we still go back to the doubting. Whats old becomes new and all that jazz. and I have seen a big pile of dirt.... just not YOUR big pile of dirt!!!

Gotcha....sorry if I snapped--feeling a bit cranky at the moment. I have been trying to set up a time to meet up with my nephew tomorrow so hubby can check out his vehicle for him with our handheld computer, and his wife just messaged that he is still at work due to some idiot(s) stealing the generator out of the back of his truck. He's waiting on the police to file a report after being in training all day. Gotta love South Bend. I guess they left their cold beer behind. Maybe the cops will identify them by the brand? LOL

 

[mom45]

Are you the one who is pregnant or is that 88GT?????

Oh yeah...how much time to I have left to get that baby gift crocheted? I better get back to work on that.

 

[JetGirl]

We have all seen YOUR dirt, what are you afraid of?

And a glorious mess it is!!

Are you the one who is pregnant or is that 88GT?????

I'd rather be struck by lightning while riding a bloody gazelle in the middle of a tiger/lion fight and fall into a feeding pool for frenzied starving sharks.

 

[Fargo]

I'd rather be struck by lightning while riding a bloody gazelle in the middle of a tiger/lion fight and fall into a feeding pool for frenzied starving sharks.

I'm going to go ahead and read that as "she has that pregnancy glow about her"...