Car Problem

[FightinAggieCHL]

This is a fairly long post, so I apologize in advance for it. I do have a few questions dispersed throughout, so any help would be appreciated.

Ok, in light of recent events that have occurred in my neighborhood, I was wondering what the best course of action is here. We've been having an issue with our neighbor across the street. We've video taped him throwing nails under my truck, and during that same week, my sister had a double blowout while she was on the highway (coincidence, I think not). Unfortunately, he got off on a technicality (the charges were misfiled by the police) and he was never punished.

Well, now he has a tendency to drive his car into our driveway. Not a big deal, as I'll occasionally use someone else's driveway to turn around in, but only the first few feet. He takes his car, drives until he's abreast with the passenger side of our car that is parked. He then sits for a bit like he's parked, and then he leaves. While this is happening, my mom is typically taking my little brother to school, so she is in the vicinity of her vehicle which is parked in the same driveway. Again, not something I'd like him to do, but I don't care that much because he stays in his car, and nothing else happens.
Here's where it gets stickier: A couple days ago when he did this, my little brother was getting into the passenger side of the car. The guy reverses across the street, and starts to bear down on my little brother with his vehicle! My mom was out there at the time, and had he not stopped earlier than he normally does, he would have hit my little brother. My mom was terrified because she had nothing to stop him with! She said she was completely defenseless, and had she not run to the end of the driveway, he probably would have backed up over my brother who was frozen in fear next to our car. My little brother is 7, so he's not that easy to see in the rear view mirror of a car, so the guy may not have seen my brother there.

I started thinking, if that were me out there, and I had my firearm, would I have been justified in drawing? I mean, I don't think he had the intention of running down my little brother, but then again, being parked in MY DRIVEWAY is none of his business, and if his actions are putting my little brother's life in danger, I'll be damned if I sit there and watch as he gets hit. He always has the windows up, so OC is out of the option. I started thinking, could you disable the vehicle by shooting the engine? I have a .40 so it's not a little bullet, but I don't think that would be big enough to do enough damage to the car to get it to stop. ALSO, if I were to shoot the guy, I run the risk of his foot pressing on the accelerator, and him speeding over my little brother. What would you do in this situation?

There's a second part to this story. My mom was outside this morning, and he did his typical backing up deal, but this time, as he crossed over the end of the driveway, my mom walked up to his car, and kicked it to stop him. At that point, she ran inside, and called the police. He was outside taking pictures of the damage, and when we told him he needed to wait for the police to get there, he jumped in his car, and sped off. I think my mom did a good job in keeping him out of the driveway, and kept my little brother out of more potential danger (he was inside, we decided that it would be best for him to stay in until the car is ready for him to get in). Was it wrong for her to boot the vehicle when he's backing up toward her? When I went outside, it looked like the car was angled toward where my mom was in the driveway (she was at the rear of her vehicle, loading some boxes into the trunk). I figure no physical harm no foul, but he might try to press for damages to his vehicle (although I saw none).

What do y'all think about this one? I know that I'm not justified in drawing my weapon while he's doing this crap and it's not really a threat to anyone, so I don't want to give the wrong impression here. But if he's backing a car into our driveway, and has the potential of pinning my mom up against her car, or running over my little brother, would a draw be justified? In the past, he hasn't caused anyone harm, but that could change very easily, and I would rather stop it before it happens. Help me out, if anyone can!

[WarHawk-AVG]

Attempting to hit you with a vehicle is assault with a deadly weapon

I think killing with a vehicle is called vehicular manslaughter? Unless it was pre-meditated

Best to de-escalate the situation before you or your family is injured by this OBVIOUSLY disturbed individual

I suggest you CONSTANTLY call the police for every infraction...build a huge paper trail against him...have evidence (get video tapes of his vandalism and throwing nails and his aggressive backing and behavior)

Whatever you do DON'T aggravate the situation, just document, call, report.

If/when you ever have to draw then you have proof you were being harassed and it looks better for you.

Just be careful

If he is on your property uninvited and not leaving he is trespassing, and the police can and will ask him to leave

[seamusTX]

Did this start out of the blue, or is there some kind of history?

Have you ever talked to the guy?

If you want my advice, talk to a lawyer about getting a restraining order againt the guy. I don't know if they can set a minimum distance that he has to stay away from your property line.

Getting a restraining order clearly identifies you as the aggrieved party and him as the aggressor.

P.S.: Edited to add, you have my sympathy. No matter what you do, it's going to cost you money. Life is not fair.

- Jim

[DFWCHLer]

No, a .40cal isn't going to stop a vehicle in such a short period of time.

First thing is to document it. Do you have photos/video? Have you been generating an incident report with the police EVERY time he's in your driveway (along with the photos/video)? Do this.

Since you have evidence, I would demand that the PD first notify him that he is not welcome on your property with a criminal trespass warning, then issue him a citation for criminal trespass EVERY time you have him documented on your property. If the responding officer refuses to do so, ask for a supervisor. Call the district attorney. Force them to take action against this nutball. I would also make a report regarding the attempted striking, and make sure the officer notes on the report that your mother felt she and your brother were in danger.

After you build a paper trail, I'd suggest a restraining order to keep him away from you, brother, mom, the rest of the family, and your property.

I would also suggest you instruct your brother in the ways of situational awareness. Next time, if he sees the guy coming at him, he needs to drop whatever he's carrying and haul tail for some hard cover.

Finally, attempting to strike with a vehicle (or an imminent threat thereof) is assault with a deadly weapon. You are justified in using deadly force in defense of yourself or another person, assuming the force is immediately necessary.

Do be very careful. I suspect there is some sort of history with this guy that you may not be disclosing, but that's just an assumption on my part. Regardless, you don't want to end up on the wrong end of a civil tort or criminal charges just because this guy is a nutball.

[nitrogen]

Let the guy know he's trespassing, and you'll have him arrested the next time he does it. If he's nutty enough you don't feel like talking to him, put up a no trespassing sign, and next time he does it, take his picture and call the police, and have him charged for trespassing.

My gut tells me that pulling a gun is probably excessive based on what you told us. It sounds like you have a crazy neighbor, but not a dangerous one.

Having said that, if you honestly feel he's done something to put your life at risk, then yes, pull your gun.

My question for the lawyers/LEO's in here is this: Can the OP detain the guy and make a citizens arrest for trespassing? I know it's probably not the best idea anyway, even if it's legal, but I'm curious about the legality of that.

I'm mostly giving you the "What I feel is moral" advice, not "what is legal" advice. That'll come from the lawmen.

[FightinAggieCHL]

This particular behavior started out of the blue. We had a lull in activity with him when we took him to court. He stopped the harassment and left us alone. Unfortunately, when the charges were dropped, he started his antics again.

The problem originally surfaced over a dispute of parking. I was home from school for a summer, and we didn't have enough area to park in our driveway. My sister was getting her license, so her car was parked in front of our house. Since his car is either in his driveway, or his garage, I just parked along the street in front of his house. He came across the street and confronted my dad, saying that my truck made his house look trashy, so he wanted it moved. My dad just got a brand new truck (mine was older, but it's not trashy) so we switched spots. I parked in our driveway, and my dad's new truck was parked along the curb. This still wasn't acceptable, and the following Saturday, at 7 in the morning, the guy was pounding on our door (I mean POUNDING) to get us to move the car. We didn't open the door, but later, we moved the vehicle to the next door neighbor's curb. Well, there were some problems occurring with people's cars being broken into, so we had to move our vehicles back to the curb across the street from our house, where the street light is. This caused a bit more of a problem, and that's when the guy started throwing nails under the tires. We bought a camera, and you know the rest.

The guy ended up getting a truck, and parking it across the street permanently. That's ok, since his next door neighbors have moved, so the spot which used to be occupied by them is open for my use. Prior to this, the nearest free parking spot on the street (with the exception of the big curb in front of the guy's house) was 3 or 4 houses down, which just invites a break-in.

[Lucky45]

My question for the lawyers/LEO's in here is this: Can the OP detain the guy and make a citizens arrest for trespassing? I know it's probably not the best idea anyway, even if it's legal, but I'm curious about the legality of that.

You cannot make a "citizens arrest" for a crime which is a misdemeanor. You can for a felony. I don't think trespassing is a felony.

[tboesche]

As far I can recall Streets are not owned by individuals and therefore yo can park anywhere you want to. He may not like it but has no recourse. If he is vandalizing yo rvehicles because of it, or if he is harrassing you because of it, then you have a right to persue legal action agianst him.

I agree with other posters that you should get video/photo evidence and file a complaint with the local PD everytime he is on your property with out your permission or everytime you see him vandalizing your vehicle.

[FightinAggieCHL]

We have a paper trail of 19 reports from last year, and 7 from this year in instances where he has caused a distress, or some other incident concerning us.

Like I said, I could care less where I park, and typically, it's not a problem because I'm not home and have no need for occupying a parking space on the street. While I may be able to park someplace, I'd rather not tick him off and cause stuff like this to happen. Unfortunately, he escalates the situation SEVERELY when he drives his vehicle and tries to run over my mom (I just heard the story first-hand, and his actions WERE meant to create a fear of bodily injury).

We bought more tapes today, and we're in contact with our lawyer to get a restraining order against him. What is typically required for a restraining order?

[flintknapper]

My question for the lawyers/LEO's in here is this: Can the OP detain the guy and make a citizens arrest for trespassing? I know it's probably not the best idea anyway, even if it's legal, but I'm curious about the legality of that.

You cannot make a "citizens arrest" for a crime which is a misdemeanor. You can for a felony. I don't think trespassing is a felony.

Article 14.01(a) of the Code of Criminal Procedure permits private citizens to make arrests only if the offense is classed as a felony or as an offense against the public peace.

[FightinAggieCHL]

Would public peace mean more than just me and my family?

[KBCraig]

First thing I would do, is post "no trespassing" signs on the driveway, then have the camera running every morning as he violates that clear notice.

Based on that, call the police and serve him with a warning of trespass. Keep the camera running, and document it --and cite him-- every single time his bumper crosses into your driveway.

[FightinAggieCHL]

I appreciate the help guys. We have the camera rolling, and "No Trespass" signs will be posted asap. Hopefully, with what happened today, this whole issue will end before something actually happens.

[frankie_the_yankee]

Others have posted good advice as to posting no tresspassing signs, videotaping infractions, calling the police, and creating a paper trail.

With the long term and repeated harassment you are going through, I would add one thing at this point. One morning I would go out there fully armed (open carry) and loudly order him to never enter your driveway again. Tell him that you will prosecute him to the fullest extent of the law if he persists in doing it. I would be sure to remain on my own property the whole time. One suggested spot might be near the end of your driveway where he can't enter it without running you over.

If he is stupid or crazy enough to threaten your safety at that point, at least you will be properly equipped to deal with it.

[Lucky45]

I did some research and found out that you can file a "PRIVATE NUISANCE LAWSUIT." A private nuisance is an "unreasonable" interference with the use and enjoyment of property of another. Under Texas law, a nuisance is defined as "a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.The limitations period for a private nuisance claim is two years. From your explanation, he is using your driveway as a turnaround when he has a private driveway and a public street with a right of way, so therefore he is being a nuisance and not allowing you to enjoy your personal property. You and your family should not have to clear out the driveway, everytime you see him coming down the street. I would see if your lawyer can look into this, or maybe send him a certified letter to let him know that if he continues that you will file it immediately.
I would not go as far as going outside with a firearm in the open.