We're seriously considering filing a criminal complaint

[radfringe]

against knuckledragger (KD)

for a recap: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x5209578

my partner talked to one of the lawyers she works for. he said we could file a civil complaint but that would get us nowhere - he said the other alternative is to file a criminal complaint - terroristic threats and related charges (http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x5209578#5209819 ) and a big hat-tip to RUG for digging that up for me

my partner then put a call into our local chief of police - explained what happened this past weekend and before she could finish - he said "I think your best bet is to file a criminal complaint" :wow:

she told him that's the direction she was heading - and again before she could finish he says "I'll back you up on that, and get the other officers to do the same. We've all had run-ins with that guy - he's looney toons." :wow:

he also said that the magistrate (who has to get the paperwork first to determine it's merits) has had run-ins with KD and thinks KD is nuts too.

so tomorrow I'm stopping at the magistrates office and pick up the forms, see what else I need to go along with it. The chief said he would help us with the paperwork and he would be more than glad to provide us with copies of all the police reports.

I am sick of living in fear of this guy - never knowing what BS he's going to pull next.

I'll keep you updated as things move along

[NNadir]

1. Go for it. No one should endure what you've endured.

[Wetzelbill]

2. I could drag him outside and kick the shit out of him if you wanted

:)

Yes, you should file one. Don't let it get any worse. And, don't let him think he can push you around, because the longer you do nothing the more he feels he can get away with anything. Best to get the complaint and stay strong. Good luck with it all. :)

[radfringe]

3. the general consenses

is that he's a bully - when someone stands up to him he backs down

we've taken the "ignore him" approach for too long -- this is the 3rd time he's threatened to 'git out' his guns

[Wetzelbill]

4. yeah, he'll probably fold

once you go on the offensive a little. I'd say you have the right idea. He sound like a real beauty that's for sure. :)

[Bunny]

5. Good for you! I know this will be hard, but it's the right thing to do.

You do not have to tolerate his behavior, and live in fear. Good luck.

[LynneSin]

6. Good luck with this

and make sure your home security system is up to par. Because one the criminal complaint is filed and your neighbor is served, I a little worried what he could do next. SOmetimes when your back is against the wall you tend to go off the deep end. Keep cell phones near by (and make sure each one of you has one).

Also, check around your property for stray fireworks aftereffects. Our local carnival would have a fireworks show the last night (legal) and it happens to be that our home overlooked the pond where they would setoff the fireworks. The next day we would find about 3-6 fireworks used wrappings in our front lawn. It was no big deal - we were members of the Lions Club that held that event and we'd pick them up and toss them when we were done.

But if you suspect they were illegal, some proof would help with your cause

[wain]

7. I knew you had gumption!

Sounds like the chief and judge have been waiting for someone strong and brave enough to stand tall against this nut job. My hats off to both of you. It's people such as yourselves that make a community strong.

We're all rooting for you!

:applause:

[Blue Gardener]

8. Glad you're making some progress

At least it sounds like the police are going to back you up. Be careful, once he gets served he may really go ballistic. Let's hope he's the type who will back down when confronted with the charges. Good luck.

[radfringe]

9. now my partner is having 2nd thoughts

she's concerned if we push this to a criminal complaint level - KD will escalate

I told her that "ignoring him" hasn't done any good, and if escalation is a concern then why the hell did we call the cops this past weekend??

Yes, it's expected he will, in all likelyhood, escalate things, but in my mind this would give our complaint more credibility.

along with his other "utterances" this weekend - he was overheard telling one of his buddies "If they (meaning us) think these fireworks are a problem - just wait till the 4th of July"

well - we're not going to be around on the 4th, going on a little vacation, dogs will be boarded. My partner mentioned his "threat" of hugh fireworks on the 4th to the police chief.

the chief said he had been allotted extra police patrols for the 4th for just this sort of thing (illegal fireworks) as well as DUI stops, etc. My partner also told him we wouldn't be around - so any calls he gets about KD shooting over fireworks on the 4th won't be from us

The chief said he would be directing his officers to patrol our road frequently on that day.

I'm still going to pick up the paperwork, and do some research.

yeah, it's scary - but who's to say it won't get worse if we do nothing.

[Pale Blue Dot]

15. Sorry to bring politics into it, but....

I don't mean to criticize your partner; this is a decision that I'd be struggling with too, and I have no idea what I would decide.

It does seem to me, however, that this is a metaphor for the Democratic party as it exists today. There is a clear course of action, yet we talk ourselves out of taking it for fear that that action could make things worse. I, for one, am sick of inaction.

I would recommend filing the complaint, but I'm glad it's not me that has to decide. Good luck. :hug:

[KitchenWitch]

10. Best wishes for a good outcome!

I know KD has been stuck in your craw for a long time. After this last weekend's antics, I think I would be afraid of what he would do next!

[tjwmason]

11. This has been going on far too long.

I don't know the law, but it's obvious that trying to prevent him is doing nothing - even worse it's let him get worse unchallenged.

You need to fight back, and the lawyers and police agree that this is the best way.

Best of luck, we're all behind you. :hug:

[Random_Australian]

12. All right! One less loathsome KD!

:headbang::headbang:

[radwriter0555]

13. And put up a BIG FENCE...

You're getting estimates, right?

[radfringe]

14. June 1 UPDATE

after some discussion over filing or not due to fear of escalating the situation, we've compromised... I'm all for going ahead, but my partner wants more information/advice (this is a switch since I'm usually the one advocating a more thoughtful approach and she goes off the deep end)

my partner wants to find some organization/lawyer familiar with hate crimes/terroristic threats, explain what's been going on and if we have a case or not and/or what we would need to present as evidence

we've also been in contact with the neighbors behind us -- the husband is a computer/electronic wizard - we've asked him to do some research for us regarding some sort of video surveillance system (inexpensive)

the KD's name calling and threat of guns could be explained as "figure of speech" or "just mouthing off" - if so then the case is weak, as KD hasn't actually stormed out of his house, gun in hand, waving it around or pointing it at us while screaming

[wain]

16. Getting legal support and case foundation does make sense

Sounds like the police chief is ready and willing to help you. Support from your neighbors is important too. Doesn't seem fair for them to let you and your partner take all the risk. A decent video surveillance system probably won't be cheap - you'll want quality to present in any possible court actions.

Be careful. Getting legal involved will guide you in any actions you take. This is a big undertaking. Both of you may want to discuss how you will handle bumps along the way. Or set parameters on the directions you want to take with this. And perhaps set limits beyond which you are not willing to go.

I admire your courage.

:)