39-17-901

[Caster]

If all else fails there is a solution under

Article AR-1-5 section 5.56x45

[gregintenn]

I would likely take care of this situation myself were it my father. I know, however, I would incur endless legal troubles. That doesn't seem fair since no one in the law enforcement profession seems to give a flip about what these people are doing.

[Dolomite`s Breezy]

Maybe its time to find out why both are on disability but are able to ride a bike..seems to me if you ride a harley..you can sit in an office and work?

[Worriedman]

I would likely take care of this situation myself were it my father. I know, however, I would incur endless legal troubles. That doesn't seem fair since no one in the law enforcement profession seems to give a flip about what these people are doing.

I was warned by the Sheriff to not "take matters into my own hands".

I have obtained depositions from numerous members of the community regarding the actions of these two in preparation for the civil suit.

The location of the houses is situated between two small country Churches, and several complaints were lodged with the Sheriff about the content of the wording of the barrel, (which was visible from the highway that joins them), he responded that it was "Free Speech" protected by the 1st Amendment.

I intend to have our attorney file abuse of process charges, (which resulted in False Arrest) as soon as the civil suit in Chancery Court is complete. The General Sessions judge, even though the DA refused to prosecute the charge against my Father, continued the case until the civil suit is determined, at which time he intimated if my father did not violate any laws, he would dismiss that charges. Now, we will have to pay to have my Father's record expunged once the land dispute is settled. My brother and I have agreed to split that cost, and not even let my Father know about it, as he will really blow a gasket if he finds out that the State will require him to pony up money to clear his record, when he did nothing wrong in the first place.

[TripleDigitRide]

Maybe its time to find out why both are on disability but are able to ride a bike..seems to me if you ride a harley..you can sit in an office and work?

That may be a good idea. I know my Uncle is in the process of obtaining disability benefits, and the government seems awfully concerned with knowing exactly what he owns. His Harley is one of the items they've focused on.

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

Edited June 19, 2012 by TripleDigitRide

[MikePapa1]

If the charge is dismissed, expungement should be free. Otherwise, as of July 1, the filing fees for expungement goes up to $450 dollars.

[Worriedman]

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.

I suggested to the Sheriff that their actions were in violation of the Restraining Order, he did not agree. Says he can not keep them from standing at the property line and heaping abuse on my parents, nor can he preclude them from video taping their every move. The General Sessions Court judge gave them explicit instructions, that if they saw my parents in their yard they were to "turn their backs" and leave them alone, but, as the Sheriff was not in attendance during the hearing, he says he has not been instructed as such, and that his perception is they have the ability to film anything they want to.

[Worriedman]

I wonder if this is not a patently clear case of "Abuse of the Elderly"? The neighbors attempted to adversely possess my Father's property for no good reason, and now they continue to abuse and harass them.

[MikePapa1]

If that's what the Judge said, have your lawyer summon them back into General Sessions on contempt and see how the Judge views their continued conduct.

[jtmaze]

This sounds like basic intimidation tactics and I am glad you and your father where knowledgeable enough to stand up and fight legally. As dolomite said I am not too far away, so if you need someone to come sit down the road from this mans house and obviously take pictures of the landscape. I am available two days a week and my wife seven. I would definitely have video cams installed visible on the side of the house in question and hidden on the other sides of the house. When someone thinks they know where the cameras are they usually do something stupid somewhere else. Good luck with this.

JTM

Sent from my iPhone

[Worriedman]

This sounds like basic intimidation tactics and I am glad you and your father where knowledgeable enough to stand up and fight legally. As dolomite said I am not too far away, so if you need someone to come sit down the road from this mans house and obviously take pictures of the landscape. I am available two days a week and my wife seven. I would definitely have video cams installed visible on the side of the house in question and hidden on the other sides of the house. When someone thinks they know where the cameras are they usually do something stupid somewhere else. Good luck with this.

JTM

Sent from my iPhone

I mounted an old, non working game camera on a post on that side of the property, (just to throw them off) then installed a top flight security camera attached to a 80 gig DVR that surveys the entire contested property line, (and for a distance of 40-50 yards into my Fathers property) I have them pouring out oil and dumping filters on my Dad's property, (Sheriff says I need to call EPA on that one), plus them standing at the line and screaming at my Father. In their presentment on the criminal charge of assault, they intimated that the wife was out walking her dog at 5:45 A.M. on the day in question and saw my Father with his shotgun near their property, I have video proof that she did not exit her house till 6:30 A.M. sans puppy, but did have her video camera in hand after the husband returned to the house about 6:20, and, the fact that my Father does not appear at all in the full day of video.

Edited June 19, 2012 by Worriedman

[zapfbroad]

Make sure you have adequate lighting for at night the likeliest time after your dad's neighbor has been bolstered by liquid courage to ensure you have good evidence of any continue dumping/vandalism.

Sent from my SPH-D700 using Tapatalk 2

[Dolomite_supafly]

I have contacted the local EPA when I had issues with someone. I will say that the EPA will check their body cavities looking for polluting substances.

I would immediately take that tape to the local EPA and demand the neighbors pay for the removal of the contaminated soil. That will bankrupt them just in labor costs not to mention the fines. I would do it now before the neighbors contact the EPA and say your father was the one dumpoing oil on HIS property. Once the EPA has it in their minds that your father is the bad guy they will not look at any tapes or evidence to the contrary. Sounds like this might be another tactic of the bad guys.

The EPA is one organization I would never want on my bad side. They can make life miserable for years.

Dolomite

[buck1032]

CRAP CRAP CRAP, I tried to give Dolomites last post a + 1 and I forked that up and gave it a -1. Sorry Dolomite, and like asked before is there anyway a MOD can fix that?

[BrasilNuts]

I suggested to the Sheriff that their actions were in violation of the Restraining Order, he did not agree. Says he can not keep them from standing at the property line and heaping abuse on my parents, nor can he preclude them from video taping their every move. The General Sessions Court judge gave them explicit instructions, that if they saw my parents in their yard they were to "turn their backs" and leave them alone, but, as the Sheriff was not in attendance during the hearing, he says he has not been instructed as such, and that his perception is they have the ability to film anything they want to.

Could you get the Court Transcripts?

[reed1285]

sound like your local LE could be doing more than what they are to me, as if they are just trying to shrug it off. I had a PO actually tell me once that domestic cases where a waste of their time, because they had "more Important things to worry about than neighbors gettin on each others' nerves". Im with Dolomite on this one, even though Ive never dealt with the EPA, Ive heard they take there stuff very seriously, so maybe look into that. Anybody who will actually take time to make problems for the elderly like these people arent worth a penny in my book. I wouldnt p### on em to put em out if they were on fire. Ive dealt with bad neighbors before, but not quite this bad. Again good luck with everything.

[Dolomite`s Breezy]

And here I thought we had it bad with our crackhead brother going of his meds...

[Guest ADAM]

I agree with Dolomite call the EPA and give them the video, they WILL bankrupt them, because their clean-ups ain't cheap.

[gregintenn]

Among other things, it sounds like you and your father need to be working on a plan to replace the sherrif there as well.

[Worriedman]

I have contacted the local EPA when I had issues with someone. I will say that the EPA will check their body cavities looking for polluting substances.

I would immediately take that tape to the local EPA and demand the neighbors pay for the removal of the contaminated soil. That will bankrupt them just in labor costs not to mention the fines. I would do it now before the neighbors contact the EPA and say your father was the one dumpoing oil on HIS property. Once the EPA has it in their minds that your father is the bad guy they will not look at any tapes or evidence to the contrary. Sounds like this might be another tactic of the bad guys.

The EPA is one organization I would never want on my bad side. They can make life miserable for years.

Dolomite

In Tennessee, TDEC works the EPA calls like TOSHA does any Occupational Safety and Hazard situation. I made the call and offered the video as soon as I was aware of the situation. The Case Officer of the clean up on that site has been appraised. They are to be on site tomorrow.

The last time they were there for a record check (3 weeks ago) the neighbor threatened the workers. The Case Worker called the Sheriff and reported the action, but the sheriff said he could not do anything unless the offended party swore out a warrant. Case worker said they would NOT come back without LE in attendance. They have alerted the Sheriff that they will be on site tomorrow.

Edited June 19, 2012 by Worriedman

[TMF]

Good stuff. This might irritate the situation but it seems like this guy is bent on confrontation. Might as well go on the offensive instead of always being on your heels. What surprises me is how LE just shrugs it off. Obviously this guy is unbalanced, and these situations sometimes end very badly. You'd figure LE would want to make it clear that aggressive acts will be addressed swiftly and decisively. The fact that they aren't is just making this whacko more brazen, and may lead to him making a step over the line that ends in a deadly encounter.

I really hope the best for your parents. This guy sounds like a cowardly POS.

Edited June 19, 2012 by TMF 18B

[peejman]

Wow. I too have dealt with unpleasant neighbors, but this is miles past that. Kudos to the OP for pursuing this in such a level-headed fashion and attempting to force our legal system to work properly. It seems that's rather a PITA. I'm impressed with you, particularly for butting heads with a judge and winning. Do you have any background in law? I'm just curious because I'd be waaay over my head with what you're in the middle of.

edited to state that it was in fact the OP who butted heads with the judge and won. Though it appears the arrogant prick wouldn't stand for being told he was wrong in his courtroom. But when challenged after the fact and in private, the judge admitted he was wrong and corrected the problem. Again, not many people would butt heads with a judge and even fewer know the law well enough to be confident enough to do so.

Edited June 20, 2012 by peejman

[Worriedman]

Wow. I too have dealt with unpleasant neighbors, but this is miles past that. Kudos to the OP for pursuing this in such a level-headed fashion and attempting to force our legal system to work properly. It seems that's rather a PITA. I'm also impressed with your attorney, particularly for butting heads with a judge and winning. Do you have any background in law? I'm just curious because I'd be waaay over my head with what you're in the middle of.

Actually, our attorney is kind of along for the ride. Have a brother who is an attorney, and several friends who are, so I am getting good advice, plus I read a lot. The more I deal with LE in the County up there, the less impressed I am. A couple of my LE friends say he should have hauled them in for Contempt of Court on the harassment against the Restraining order long ago, the signage on the barrel being enough to invoke that. I have been told several times by that group that this is just a "neighbor" thing, and not worthy of their effort, and that misdemeanor crimes committed but not witnessed by LE never happened.

[Worriedman]

If that's what the Judge said, have your lawyer summon them back into General Sessions on contempt and see how the Judge views their continued conduct.

Thanks, will pass that along.

[Sam1]

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.

Guarantee that would work, as long as more than a few people show up.

Just out of curiosity, couldn't this be considered a hate crime since he would be in a protected class due to his age? And clearly they were exploiting that from what they wrote.

Edited June 19, 2012 by Sam1