39-17-901

[Worriedman]

Got a situation going with my Father's place up in Weakly county. Next door "neighbor" is attempting to take a portion of my Father's property due to their understanding of a tax plat received from the county tax office, (even thought the overhead satellite shot picture has a disclaimer on it that says "shall not be used as a legal description"). We have had the meets and bounds of the property established (again) by a licensed and registered surveyor, and the property lines are exactly where we had intimated. The man had run a 4 strand barbed wire fence along where he assumed the property line was, and after having the surveyor establish the meets and bounds, the Sheriff made him take it down off of my Father's land.

Subsequent to these actions this was placed outside my Mother's bedroom window:

Does this fall under the letter of 39-17-901 Obscenity?

Edited June 18, 2012 by Worriedman

[reed1285]

Wow some people are so immature, how old are these people, 10? I hope you get the situation resolved, but keep some protection around just in case, as im sure your dad does. People are nuts

[Caster]

New fence needs to be built and your dad needs to go fall in love at the shelter with a rescue pitt. Hit the supermarket and buy up "reduced for quick sale" meats and the affection will be returned by way of fearless devotion. Works for me. No one around here will step foot in my yard.

Edited June 18, 2012 by Caster

[leroy]

Sounds to me like its time for a one on one conversation (...make sure it is, in fact, one on one...) with the next door neighbor. Ya might want to think about makin him responsible for your dad and moms well being (...physical and mental...). Remind him that you will be watchin and that you will be the judge of adequate performance in this area. Remind him that the court system aint the only means of redress in these little tiffs. This approach will either bring compliance or will start a heluva feud. My experience is that it generally brings compliance.

leroy

[BLACKVANDRIVER]

Maybe that is where we can have the next TGO get together cook out Just kidding, but could you imagine the guys face when a large group show up with there "BBQ" guns for show and tell.

[personDJ]

Just slap the shi? out of him and explain that he will not treat your family that way.

[Dolomite_supafly]

And considering how old you are your parents are in the category that it takes a special POS to grief them.

I would call LE and have them document it. Maybe the same officer that responded before, and had the neighbor remove the fence, will show up again. And hopefully the officer will have a discussion with them to explain the law regarding harassment. Document every interaction with them, even interactions in which you can't prove it was them. And if they make ANY threats go take all your evidence and get an order of protection.

And most importantly do not threaten them with court action or anything else. But most importantly do not let them know that you are documenting their actions.

People like this rarely play well with LE either. They will generally argue laws with LE and we all know how that generally turns out. The neighbors will eventually get caught up in their own web because it is obvious they have no self control or morals.

Dolomite

[10-Ring]

To answer the question of the OP I would find that obscene. Obscene is tricky to prove though because it is subjective. What one person may call obscene and be offended by another person might find completely acceptable. I think a good litmus test is how a small child would act if exposed to that material. (I'm not in any way advocating doing this.) Would you want your four year old to see that? Didn't think so.

[D3vo]

Grrr.. So I used my iPhone to "Vote Up" Dolomite's answer as outstanding and the "Vote Down" was pressed. Anyone know how to change it? I repeat Grrr..

[Dolomite`s Breezy]

i gave him one up.. maybe that irons it out? lol

[Caster]

Dolomite is right [as usual] Do this professionally no matter how much you'd like to bludgeon the jerk into a coma. Unless of course he wants to get physical...then you show him how much you love that Old Man

[Guest bkelm18]

As low as this guy wants to sink, in today's litigious society, a paper trail is a good thing to build against him so that when he finally crosses "the line" completely, you can throw the book at him.

[TMF]

And considering how old you are your parents are in the category that it takes a special POS to grief them.

I would call LE and have them document it. Maybe the same officer that responded before, and had the neighbor remove the fence, will show up again. And hopefully the officer will have a discussion with them to explain the law regarding harassment. Document every interaction with them, even interactions in which you can't prove it was them. And if they make ANY threats go take all your evidence and get an order of protection.

And most importantly do not threaten them with court action or anything else. But most importantly do not let them know that you are documenting their actions.

People like this rarely play well with LE either. They will generally argue laws with LE and we all know how that generally turns out. The neighbors will eventually get caught up in their own web because it is obvious they have no self control or morals.

Dolomite

+ a bunch

I've had similar neighbor problems that resulted in a few police visits and the neighbor being charged. As much as I have wanted to "handle it", my level headed wife has been the voice of reason. We have a packet we keep full of court documents, police reports, witness statements and letters from the a-hole. It all came in handy the last time the cops came around. Haven't heard a peep out of him in over a year now. When I do he'll get another LE spanking and potentially a harassment lawsuit and restraining order. I'm guessing he doesn't want either since he's been good lately.

The moral high ground has better fields of fire.

[Pain103]

The statute you mention is only a definitions statute. It basically dictates the meaning of certain words used in the same chapter of offenses. If the barrel is your dad's property have him file a vandalism/damage to property report. If it isn't his property he may be able to file a harassment report. Unfortunately they will probably have to settle the land issue in court.

[Worriedman]

OK, here is where we stand.

The Chancery Court issued a Restraining Order 30 days ago, precluding the neighbors from harassing in any way, my parents. (By the way Father is 85 and Mother is 83). Neighbor has been arrested numerous times, once two years ago for intent to resell. (he has felony convictions). Both he and his wife are on disability, neither work, yet he has the nicest Harley of anyone I know, and a big nice double-cab Ford to pull his top-shelf bike trailer with. He is 45 years old.

Also, they have made a point of video taping my parents every time they step out of their house, be that to water the flowers or mow the yard, and the barrel has been setting in the side yard just outside my Mother's bedroom window for the last 30 days. They have poured broken beer bottles out in the yard, painted 2-3" rocks green and tossed them into my Father's yard, and driven up rebar leaving it sticking just shy of the grass so that he will hit it with his mower. Sheriff says he can not prove THEY did any of it.

TDEC is working an old abandoned gas tank, (their house used to be a country store that had gas pumps, when they sold out and converted to a house they pulled the pumps and left the underground tanks, which failed and allowed the gas to seep into the ground water) to get the petroleum out of the soil. They told them last time they came in to check their wells that they had "boobie trapped" the land on my Father's side of the line, where the old driveway is, we have a deposition of that statement int he Sheriff's possession.

Sheriff says that the barrel does not rise to the level of obscenity, General Sessions Court Judge says that it is "Protected" activity under the 1st Amendment. I tend to disagree, under 39-17-308, I consider their actions to be harassment, and I deem the statement on the barrel to be a threat, not simply a display of obscenity.

The further explain the situation, three weeks ago, my father was out in his garden at daylight, sitting in a lawn chair with his shotgun, waiting for the moles to start "working' in his strawberries. Guy rides by the front of the house and sees him sitting there with his shotgun, goes over to the county Seat later in the morning and swears out a warrant for assault against my father, and names me in his presentment, (as having been on the property the weekend prior with "two guns" which was one and a spare magazine), includes the fact that here is a Chancery Court case pending on a disputed property line, and has his wife sign the paperwork. Sheriff calls and tells me there has been a Criminal Complaint filed, and that he does not want to have to send d squad car out and bring my Dad in, would I pick him up and bring him in for the paperwork? I agree, and take off a days work. We get to court at 9:00 A.M. as summoned, and it is 3:30 P.M. before his case is heard. The D.A. refused to prosecute, as the distance from the disputed line to where my dad was sitting is a measured 137 yards, and under 30-17-1308, a property owner can be armed on their premises. Judge however, decides to preclude my Dad from being allowed to be armed on his property until the start of next Sept. 1st., as that is the beginning of hunting season. The wife stands up and ask him to include me in the injunction, which he grants. I asked to be heard, (our attorney not making the issue that the judge has no power to control me in that manner, though he did argue that the judge could not preclude my father from being armed on his own property), make the statement that I do not believe he has that power over me, and the judge said it was his court room, he could do as he pleased. I begged to differ and left prior to being charge with contempt.

I contacted my own council, and we decided to file complaint with the Judicial Ethics Committee, and in Tennessee, that has to be handled by a State Representative. I made the call and got that working, and contacted the Sheriff, (which it should be noted, i have known all his life). My intention to file charges got his attention, and he had the judge contact me direct, at which point we were able to redirect the injunction by establishing a "buffer" zone along the disputed property line, where my Dad would be disallowed carrying openly, (though it was agreed that he could carry concealed) so as to not "inflame" the situation, and, that he had no power to control where or how I carried, open or concealed, on my Father's property.

Yesterday, I delivered his Father's Day present, (enough 3", 1/4" wall thickness 8' long fabricated fence post to set hem at 4' intervals along the disputed property line for when the Chancery Court hearing is done). As we are unloading the post behind his barn, they have the binoculars out and are watching our every move, of course, I have my handgun in its normal inside the waist band holster. After getting the post off my trailer, we walk up to the area where we will be setting the fence, making sure to stay back beyond the prescribed buffer zone. Guy steps around the edge of his carport with his camera, and makes the statement "Nice gun", I replied "Thanks" and kept walking away, at which point he informs me that the "law" is on the way to arrest me. Deputies show up and we discuss the situation, them telling the neighbors that I have a permit, and allowed to be armed on my Father's land, but that they can file charges in the morning if they choose to do so.

I went over the Sheriff's office this morning, and as I suspected, the neighbors were there attempting to swear out a warrant for MY arrest. The Sheriff took the opportunity to explain again to them that I was not party to the civil suit, and was not under direction from the court to remain unarmed, and that it would do no good for them to call if they saw me armed.

They have until today to answer the civil suit. They made the statement that they would not be contesting the property line, and wanted us to drop the civil suit if they would drop the criminal complaint against my Father. I politely declined to drop anything.

[BigK]

Wow, I am truly sorry to hear your parents have such scumbag neighbors. At least is sounds like the Sheriff's office realize what's going on.

I hope it gets better after the fence goes up.

Edited June 18, 2012 by BigK

[Worriedman]

The statute you mention is only a definitions statute. It basically dictates the meaning of certain words used in the same chapter of offenses. If the barrel is your dad's property have him file a vandalism/damage to property report. If it isn't his property he may be able to file a harassment report. Unfortunately they will probably have to settle the land issue in court.

Would 39-17-308 then be more applicable?

[gregintenn]

Wow!

O.k. LEO's. If this kind of garbage can't be prevented, or corrected, why do we have law enforcement officers?

Edited June 18, 2012 by gregintenn

[TripleDigitRide]

Sounds like a few security cameras around the house wouldn't be a bad idea.

Sent from my Samsung Galaxy S II Epic 4G Touch using Tapatalk 2

[mikegideon]

Wow!

O.k. LEO's. If this kind of garbage can't be prevented, or corrected, why do we have law enforcement officers?

Our society in general is doing everything it can to cultivate scumbags like this. Sounds to me that the problem is in the courts. Law enforcement can only do what they're allowed to do.

[TMF]

Wow, your parents have it way worse than me.

Document everything. Wouldn't hurt to hire an independent investigator in regards to the booby traps and such around the property. If this guy is caught in the act or there is good enough evidence to link him to this aggressive behavior he will lose all credibility for every legal issue from then on out. A little physical and technical surveillance from an investigator might just turn something like that up. Especially now that this guy is getting froggier by the day.

Sounds like this guy belongs behind bars.

Edited June 18, 2012 by TMF 18B

[Dolomite_supafly]

The courts are the problem.

In my county almost every single case is dismissed, time served or 1 year suspended sentence. As a matter of fact my county is being investigated by the state because the disparity in sentencing between us and the state or even national average.

And just like everything else it is about money. I know this happens because I have witnessed it. Counties will dismiss charges on their citizens in order to make room for iatws from other counties as well as federal inmates. The reason is a citizen of the county costs the county money while any others make money for the county.

Another problem is scum is allowed to file a suit so the courts err on the side of caution and make arbitrary judgements to keep from being sued and not based on law.

Dolomite

[Dolomite_supafly]

And I wish I was closer. I would have no problem coming over to keep things safe.

Dolomite

[DaveTN]

Does this fall under the letter of 39-17-901 Obscenity?

39-17-901 is not the law; its definitions.

39-17-308 harassment fits perfectly. Especially if this guy has a restraining order saying he can’t harass them. He’s also in violation of a restraining order. (Contempt of Court)

Any cop called out there should be able to handle this. If they don’t, go in and talk to a Command Officer.

If I saw that as the responding Officer I would cuff him up and take him to jail.

Edited June 18, 2012 by DaveTN

[mav]

Seeing crap like this really ticks me off. Honestly, it makes me yearn for a time when a few concerned neighbors would have politely talked to this neighbor then proceeded to beat the ever luvin' s**t out of them. Problem solved, and I doubt he would be a repeat offender.