Situational advice needed

[mach1soldier]

Need some advice and what you would have done type answers.

Short story is this,

Have a pesky neighbor who plays his music loud at 4am. Called cops 4 times in one week and they ticketed them ($750).

Next day a man/boy about 6-1 and 180 pounds comes into my yard and asks me not to start my car (730 pm mind you). I say sure I'll mess with the car earlier but would appreciate if you wouldn't play your music loud at 4 am.

Kid loses it and begins cussing me out, walks towards my porch I am standing on and places one foot on porch (i'm 4 feet away max). I tell him he is trespassing and to get off my property. He proceeds to threaten to destroy me, my house, my cars, kill my dog and kill my wife if I start the car again. I continue telling him to leave, he continues threatening my wife and I. Wife yells out the window she called the cops. He eventually walks away after punching my car trailer.

So what would you have done if armed, and what would have been the point you drew your weapon and fired?

Please keep in mind I did not know the kids age but i'm close to 30, he is 16. He is bigger than me and I have had back surgery. Also I don't want any options that would put me in jail. I just want to know if I legally should have drawn on the kid or i did the right thing.

Not that this matters from a legal perspective but kid is black and i'm white. Somehow race would have come up I think.

Thoughts?

Mods if in the wrong area, please move.

 

[okie362]

Altercation ended without escalation to physical force. I say you did the right thing. What did the LEO do when they arrived?

 

[okiebryan]

You need to do a little light reading. Especially the part numbered TITLE 21 § 1289.25 that starts on page 33.

Nowhere in the situation you described was your life in danger. I really am mindblown that you would even ask the question. Open carry might have helped, I can't say for sure. But if you had drawn and fired a concealed weapon based on what you said, you would likely be already on your way to jail.

Not that this matters from a legal perspective but kid is black and i'm white. Somehow race would I have came up I think.

Honestly, I almost didn't respond to your question because you chose to include this little additional insight into who you are.

 

[Quick_Draw_McGraw]

I think you did the right thing. You kept the situation from becoming one were you would be forced to defend yourself.

If it were me, I'd probably put in some security cameras, one facing their yard, on at the front of your house. That way you have a record of them trespassing on your property. Also if he threatened you, you probably have good grounds to get a restraining order against them.

 

[Capm_Spaulding]

I'm assuming there might be a little more to the situation than what is listed here but nonetheless I think you did the right thing. Need to report the threat and the damage to your trailer to LE and ask their advice. Never draw unless you feel your life is being threatened, not by words but by him physically attacking you. Open carry may drive the point home or may provoke him. He's a kid, he thinks he's bad stuff. Only if he enters your house are you legally within your rights to shoot him. You can't shoot him for just trespassing on your property. Like I said, if he atracks you or your wife then all bets are off. Just know it may be a little hard to prove it was all self defense if he's not in your house since you've called the police on him before and had an altercation in your yard.
As much as you want to take care of it yourself, continue to just call the police, even if he poisons your dog. Make sure you report that specifically incase he does. The SDA is very specific, and with the race issue, be extra cautious. LE will get tired of coming out all the time so eventually they'll step up their punishment if he continues. Take a look at the SDA again to refresh yourself of all the laws.

 

[mach1soldier]

Cops couldn't do a thing. They asked if I wanted to press charges but couldn't elaborate on what the charges would be. I have to talk to a prosecutor next week.

Okie Bryan, I thought about not including the little black /white thing but lets be serious. Politics turn race into a card almost every time. Florida come to mind anyone? I work in an environment where almost all my employees and bosses are african american. Most of my friends are as well. I think it would be naive to not consider all facets of what a jury would look at but obviously i'm overthinking things. No offense was meant. Just trying to portray a picture like I assume a lawyer would.

 

[O4L]

If you can't use your weapon to defend yourself from someone threatening you, acting crazy, and coming toward you on your own front porch, what is the point of even having a gun.

Do you think a cop would have let him get within four feet acting like that?

I don't think so.

If the guy would have pulled a knife and gigged him a few times, you guys would be saying "You should have never let him get that close!".

http://www.okshooters.com/showthread.php?165364-When-being-armed-is-pointless

 

[Shriner]

What is the deal with your car and not starting it after 7;30 ?

 

[uncle money bags]

You need to do a little light reading. Especially the part numbered TITLE 21 § 1289.25 that starts on page 33.

Nowhere in the situation you described was your life in danger. I really am mindblown that you would even ask the question. Open carry might have helped, I can't say for sure. But if you had drawn and fired a concealed weapon based on what you said, you would likely be already on your way to jail.

Honestly, I almost didn't respond to your question because you chose to include this little additional insight into who you are.

"honestly" for somebody so attuned to the art of politics, you sure stepped on your [deleted] here.

To the op, did you at any point feel like your life or the life of your companions was in danger? Did you have what you consider to be a reasonable belief that immediate severe bodily harm may be visited upon you or yours at any point?

 

[mr ed]

so you rev up your race car all day while they sleep and then they play loud music all night while you try to sleep?