39-17-901

[TMF]

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.

If his father is white then no.

[DaveTN]

I have some questions. How did a criminal case the DA refused to file charges on get into a courtroom? (Your Fathers arrest for assault.)

When you say “The Sherriff†won’t do anything, are you talking about a Deputy sent to the house or a Command Officer in the Sheriff’s Department?

So you have a Judge there that says any one of us could write Fu#* You on a barrel, put it our front yard, and that is covered under the 1^st amendment?

The more I hear about cops around here the more I understand why some people get so pizzed at them. Do they do anything, or just show up and say Tennessee cops can’t arrest people for misdemeanors unless they witness it? Domestic violence is a misdemeanor and I will bet when they show up on a domestic violence call someone goes to jail.

[Dolomite`s Breezy]

I think most of the small town cops know everyone else and do not want to make enemies or get raked over the coals by the local sheriff who also knows everyone in town.. its sad but true..

here in our little podunk town its pretty obvious who polishes who`s knob and gives money to fundraisers etc....

[Sam1]

If his father is white then no.

Just ran through LexisNexis and I was wrong.. I thought that if someone was protected under EEOC, that someone causing issues specifically because of being in that group, it could be considered a hate crime as well.

It specifically says age discrimination is for employment only, and looks like even for EEO Housing, you can be discriminated against because of your age, legally... That's some bullhonky

[Worriedman]

I have some questions. How did a criminal case the DA refused to file charges on get into a courtroom? (Your Fathers arrest for assault.)

The case was brought up in the General Sessions Court. The DA refused to prosecute, as the Criminal Complaint did not rise to the level required to warrant prosecution. Their charge was that he had been seen walking with his shotgun (on his own property) and that I had been seen the weekend before armed (on his property). They also said that I had pointed my finger at them in a "threatening" manner, and that I had two "guns" on my person while I was working at my Father's house. We had a third party, non family member there the entire time I was present, and he informed the Sheriff that I only had one "gun" on my person, and that I at no time pointed my finger at them. I was never closer than 50 yards to them at any time I was there that day. They also said that my Father told the "lady" and her daughter that he had a shotgun on his back porch for intruders and trespassers. The last line in their complaint stated that there was a land dispute in process in the Chancery Court. The DA asked the complainants if my Father or I pointed our weapons at them or their house, to which they answered no, (all on their video tape remember) he then asked if either weapon was discharged, to which they answered no again. He at that point told the Judge there was no "reckless endangerment" in the complaint that merited prosecution. The Judge at that point stated that it was his experience that land disputes could get ugly, and so he held the complaint open until the dispute was settled in Chancery Court. He stated that my Father would be precluded the ability to be armed on his land till such time, the complainant stood up and reiterated that I had been armed on the property as well, and he said he would include me in the injunction. Our attorney objected to my Father being denied his Rights, but the Judge was adamant, (more on this later). I also asked to be heard (much to the attorney's chagrin) at that point, and he recognized me and asked who I was and what my business was before the Court. I explained that I was the "son" referenced in the pleading, and that I did not believe that he had the power to deny me the ability to carry there, as I have a valid permit, and the property was not posted against my being able to carry there. He informed me that it was his court room, and he could do as he saw fit. I retorted that TCA Code 39-17-1308 precluded his ablilty to deny my Father's Right to carry on his own property, and that TCA Code 39-17-1351 precluded his ability to deny my Right to carry on that particular piece of property, at which point it was made clear that his ruling was entered.

When you say “The Sherriff†won’t do anything, are you talking about a Deputy sent to the house or a Command Officer in the Sheriff’s Department?

I am talking about "THE" Sheriff , Mike Wilson. (Weakly County) All of my conversations have been directly with him, (except for my interaction with the two deputies on this last sunday) though my Father has dealt with a litany of deputies re the many calls from the neighbors. When the surveyors came out, they attempted to bully them and threatened them for being on "their" property, the surveyor called the Sheriff's office and Deputies were sent out. When the TDEC people were out last time the neighbors threated to "beat their a**" and to "git off'n their land" the Deputies were called by TDEC. Every time my Father has mowed his yard in the last month, the neighbors have called the Sheriff's office and Deputies have been dispatched.

So you have a Judge there that says any one of us could write Fu#* You on a barrel, put it our front yard, and that is covered under the 1^st amendment?

Yep.

The more I hear about cops around here the more I understand why some people get so pizzed at them. Do they do anything, or just show up and say Tennessee cops can’t arrest people for misdemeanors unless they witness it? Domestic violence is a misdemeanor and I will bet when they show up on a domestic violence call someone goes to jail.

In my conversation with the Judge in the late afternoon of the day of the hearing, he allowed that once when he was very young, he witnessed HIS Father in a contest over a property line dispute, and that threats had been made by their neighbor, and his Father responded, marking his conscious to this day that such instances COULD result in violence. After our discussion about what my actions would be if he let the injunction stand as ordered earlier in the day, he agreed to establish a 200' "buffer Zone" along the disputed property line where my Father could not carry his shotgun openly, related to the pleading that the neighbor's statement in the assault complaint that she did not feel "safe" seeing a weapon being borne close to their property (though he agreed that he could in fact, carry his handgun concealed), but that he was free to carry his shotgun anywhere else on the attached 22 acres around his home, and that I was not under his power to control in any way. I required that he put that in writing and deliver it to the neighbors. We agreed that our attorney would deliver a copy of the Official deed and plat, and they would mark it up for the distances agreed to. Our attorney complied the next day, they entered it into the record, but, the Sheriff failed to deliver it as required by the Judge, nor did he inform his Deputies, resulting in our situation on Sunday.

On Monday, the neighbors were at the Sheriff's office promptly at 8:00 A.M. to swear out a warrant for my arrest, prior to going to the clerk's Office to pen it. I walked in at 8:01 AM, and Sheriff Wilson explained to the assemblage that the Judge had rescinded his original order precluding me from being able to go armed, and that they could not perfect a warrant or complaint against me for that action. He did admit to having "dropped the ball" on that issue.

The neighbors offered to drop their "suit" if we would drop the Civil suit, to which I replied that I did not think that was in anyones best interest.

At 4:50 P.M. yesterday, (last day to answer) the complainant turned defendant answered the Chancery Court suit pro sae via a handwritten page of notebook paper delivered to our attorney, admitting the survey perfected by my Father to be correct, but denying all charges in the suit re harassment and attempted adverse possession, stating that further answers would be provided by their council. We have petitioned for a default, seeking Summary Judgment from the Chancery. If that fails, we are prepared to hand over to them about 4" of discovery request, and I guess the game is on.

Edited June 20, 2012 by Worriedman

[Dolomite`s Breezy]

Wow....what kind of people are these.morons?...

It takws a bass ass.to.harrass and.threaten older people I guess..

I would also ask the SSI folks why these folks are drawing it..seems.to me they are pretty spry yet

[Worriedman]

I also filed a complaint with the Tennessee Department of Human Resources today alleging Elder Abuse, do not know how far that will go, but I figure to pile on while I am hot. Pushed the "Financial Exploitation" aspect, as the neighbor's attempt at taking the property has resulted in expenditures on my parents part for surveyors and lawyers, including the possible loss of the value of the land should they prevail in their theft, as well as the abuse through harassment angle.

[Worriedman]

I wonder too, it lying to LE is permissible? During our visit at the Sheriff's Office on Monday, they admitted that they agreed to the property line as established by the survey my Father had done, saying they had had their own performed. I check the video tonight, and a ratty old van showed up this afternoon, and a guy got out and walked to two of the corners that touch on my Father's property and stuck red flags beside the pins we uncovered and had put lathing up on and painted orange. He then went to the other side of the road side and pushed in a flag on the other side of the lower drive, which in reality is on the next piece of property, them having only 132' of road frontage, (I have a copy of their deed, and know the constraints of their lines). The flag this guy installed is a measured 165' from their boundary, the drive on that side belonging to the next landowner, (who happens to be my cousin), but they set the flag up to include it as if it were theirs.

I expect that I need to include a request for their surveyor's name, and a copy of their receipt for payment of the performance of the survey in our discovery documents??

Edited June 20, 2012 by Worriedman

[Dolomite_supafly]

I hope the TDEC comes in with a strong hand.

I know in the case I reported the offender had been pouring used motor oil and antifreeze down an enbankment with a creek at the bottom. In the end they dug out a section that was about 50' long and about 10' back and about 10' deep. And I was also told they would be fined substantially for polluting the creek when I filed the complaint.

Dolomite

[Pain103]

I have some questions. How did a criminal case the DA refused to file charges on get into a courtroom? (Your Fathers arrest for assault.)

When you say “The Sherriff†won’t do anything, are you talking about a Deputy sent to the house or a Command Officer in the Sheriff’s Department?

So you have a Judge there that says any one of us could write Fu#* You on a barrel, put it our front yard, and that is covered under the 1^st amendment?

The more I hear about cops around here the more I understand why some people get so pizzed at them. Do they do anything, or just show up and say Tennessee cops can’t arrest people for misdemeanors unless they witness it? Domestic violence is a misdemeanor and I will bet when they show up on a domestic violence call someone goes to jail.

In TN there are only a few exceptions to an misdemeanor offense not committed in an officer's presence. Domestic assault is one of the charges. It's the victim's responsibility to obtain a warrant for misdemeanor offenses or sign a citation as private prosecutor so the person can be prosecuted on many of the non exempted misdemeanors charges.

I wonder too, it lying to LE is permissible? During our visit at the Sheriff's Office on Monday, they admitted that they agreed to the property line as established by the survey my Father had done, saying they had had their own performed. I check the video tonight, and a ratty old van showed up this afternoon, and a guy got out and walked to two of the corners that touch on my Father's property and stuck red flags beside the pins we uncovered and had put lathing up on and painted orange. He then went to the other side of the road side and pushed in a flag on the other side of the lower drive, which in reality is on the next piece of property, them having only 132' of road frontage, (I have a copy of their deed, and know the constraints of their lines). The flag this guy installed is a measured 165' from their boundary, the drive on that side belonging to the next landowner, (who happens to be my cousin), but they set the flag up to include it as if it were theirs.

I expect that I need to include a request for their surveyor's name, and a copy of their receipt for payment of the performance of the survey in our discovery documents??

Lying about a property survery to LE isn't illegal. It's illegal to lie for example filing a false report, or lying about your identity to avoid arrest. If you have video footage showing he lied in a sworn affidavit for a warrant or filed a false report he could fase charges.