Problems with Trespassers

[dusty3030]

I agree with arming your self. I don't know that game cameras will be worth much in court, but they might help.
1. Get armed
2. Get restraining order, they're not hard to get, and that means if they come with x number (1000?) Feet they violate it. (Probably makes self defense claim Much easier too)
3. In the cops defence they aren't surveyors, you say you own it, they say they own it; that part would be a civil issue. Now if you told them you wanted to file assualt charges and they ignored you, that's different. If you don't ask to file charges, and no ones bloody and beaten, they aren't going to volunteer to do hours worth of paper work, only to drop charges once everyone calms down.
4. Don't do anything stupid.... no traps, don't fire a gun at their truck just for trespassing, ect. Or you'll be sitting in jail for multiple counts of attempted murder.
5. Careful you don't leave anything valuable in yard (boat, tractor, motorcycle) or they may randomly catch on fire.

Very sound advice.

 

[dusty3030]

And remember, you don't have to report crime just by phone. A TRUTHFULL, non embellished but at the same time make clear you are in fear of you and your family's life and safety letter sent to the Sherriff certified, return receipt requested would start a paper trail. Email if possible to the Sherriff would work too return receipt requested.
The property line issue they aren't obligated to get involved as much as they are the failure to investigate assault, trespass, and destruction of property as well as terroristic threatening.

 

[MotorSeven]

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.

The above paragraph is taken directly from the Kentuky governments website concerning defending yourself.

My advice is to arm yourself and the next time someone pushes anyone with a motorized vehicle, shoot them, and then call 911. The first words out of your mouth after the shooting should be to the 911 dispatcher stating very clearly..."I felt my life was in danger, and I shot my attacker. Please send an ambulance and police"

A lot here are not going to like this. But, for me and my family this would be my option. No sane person wants to shoot someone over trespassing, but an enraged group of folks with wheelers and metal fence posts approaching my house and family is a game changer. You are the only one to decide how to handle the next incident because there will be another incident. The biggest problem for you is are you capable of using deadly force? If you are not, do not arm yourself. If you are, there may come a time where hesitation will get you killed with your own firearm because it will get taken away from you. These are huge decisions to make and ultimately they are your call. Again, to use deadly force you must be in fear of serious bodily harm or death for you or someone else. You will have to articulate that fear in court and you must convince a jury that it was real and imminent. Also be prepared, the presence of your firearm might bring other firearms into play on the bad guys side.

Some suggestions are:

-Get your wife a video camera and keep it charged
-if you choose to arm yourself, you better know how to handle the firearm
-immediately call 911 as soon as anyone appears
-give clear and concise verbal commands such as "leave my property, you are trespassing", "I am armed and will defend myself and my family", "the Police are already on the way", "if you come any closer I will shoot to defend myself and family" etc
-never allow anyone to flank you, at some point you will have to stand your ground and make them believe you

Personally I would want to scare them off it at all possible and in this situation I think warning shots might have merit. How you present yourself, the look in your eye and the command presence of your voice will go a long way. Bullies usually cave when confronted with equal or superior force and I hope in your case they just leave because the alternative is not a happy ending for any involved.

 

[dodge man]

It sounds easy to tell someone to take a gun and shoot someone when talking over the internet. I can tell you who ends up in jail defending themselves if someone gets shot, its the shooter. No matter how justified it seems.

 

[7879fordman]

I have had to deal with this same thing on a piece of land as I have a piece of land locked land. But have a legal right of way . Same deal a group of people we had problems until me and my dad finally beat the **** out of 3 of them . Then we never had another problem and they stayed away from us . If we meet them on the dirt road they give us the right away and wave now . Because they know we want put up with there **** . And the law was never called at any time on either side . .

That's my advice . As soon as they see you want take it no more and do something about it they will leave you alone .

Sent from my iPhone 5 using TractorByNet

 

[7879fordman]

Good luck .

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[brin]

It sounds easy to tell someone to take a gun and shoot someone when talking over the internet. I can tell you who ends up in jail defending themselves if someone gets shot, its the shooter. No matter how justified it seems.

Now I just have to disagree with you...no one on here has suggested he murder anyone but rather all have been very careful to advise him to warn them, notify the authorities of his fears etc....You have to be kidding ...if those thugs would have bumped my wife with a ATV the coroner would already have a client...that is not going to happen...Motor Seven gave really great advice....Based on what you suggest he might as well desert his property and just let them have it...the bad guys win...he loses....I would hate to live like that...I would trust a jury to see the truth but I would never let anyone abuse my wife or family..not ever.:2cents: In my opinion...there are some things worth dying for.

 

[cletus99]

Not sure I would give a warning shot. Just seen on the news the other day where a man was arrested for giving a warning shot to a person trying to break in his house.

 

[7879fordman]

Ya no guns .. Best with fist and axe handles . Fist is best . And ya I know now one ever wants to fight . But in life sometimes ya have to . to keep people from running u over . I was taught not to fight but when you do at times you have to do it .

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[MotorSeven]

Not sure I would give a warning shot. Just seen on the news the other day where a man was arrested for giving a warning shot to a person trying to break in his house.

It's not usually recommended, but the loud bang has been proven to bring an idiot to his senses in many confrontations. Many on jury's later will even ask, 'why didn't he fire a warning shot" so it can be a "base covered".

Another thing and this was already suggested. March right down to your Sheriff's office and request a copy of the written report of the first two incidents. Ask to speak to a supervisor, then notify him/her that you are down right concerned for you and your family safety since the incidents are escalating on the bad guys side(bolder, more of them, drug of alcohol usage). Request a "safety check" or the like during the days and time when these things usually occur. It's a notice to the Deputy's to drive by while out in your area on routine patrol. Be calm, be rational be respectful and you might have an ally in the S.O. Putting the S.O on notice also shows due diligence on your part to avert any future problems.