Homeowner faces charges after tackling teen prankster

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http://www.cbs6albany.com/news/teen-1276378-charges-tackling.html

July 21, 2010 4:27 PM

DELMAR -- A suburban Albany County homeowner is facing charges after tackling a teen prankster he says was targeting his home and scaring his family.

Daniel Van Plew, 37, was arrested Saturday and says he's still in shock but is reluctant to say little more because charges are still pending.

According to Van Plew's arrest report, the doorbell at Van Plew's Egmont Court home rang Saturday night, and when he didn't see anyone outside his front door, Van Plew opened the garage door and spotted four teenagers running from the back of the house.

He chased one of the teens and tackled him on the lawn, reportedly holding him inside his house until police arrived.

The teen refused medical attention for a laceration to his elbow, a bruise above his eye and a bloody lip.

Neighbors are angry over Van Plew's arrest, with one telling CBS 6 News Wednesday, "I personally find it ridiculous that the man was arrested when he was defending his property."

Police say homeowners do have a right to defend themselves in their homes -- but when someone flees off the property, that changes.

In order for a juvenile to be arrested, it has to be for a crime -- and according to police, trespassing is just a violation.

Van Plew, on the other hand, is facing charges for child endangerment.

Van Plew is due in Bethlehem Town Court on August 3rd.
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I know that his decision to go outside was tactically unsound, but what would you have done differently? Round up the kids and wife and call the police? This man gets terrorized in his own home and he's arrested for endangering the walfare of a child, meanwhile the kids get off like they're completely innocent. I'd say they did a little more than trespass.
 
Get pictures and give them to the police? call the police and ask that they do more patrols of the neighborhood? Not assault a minor for ringing your doorbell?

Its a crappy situation but tackling someone is not a good idea, neither is holding them against their will unless you are a cop.
 
Tresspassing?

. . . trespassing is just a violation.
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Really?

How about harrassment?

Is that also "just a violation?"

I'm inclined to suggest something clever, like a garden hose, a washing nozzle, and some bright orange dye, but it sounds like the local constabulary would likely charge the homeowner with something as a consequence.


You know, growing up some 45 years ago, if I had pulled a stunt like that, the homeowner would be thanked, and I would be down at the station with my parents, answering questions and contemplating community service.

I hafta say I'm at something of a loss here.

This sounds uncomfortably like that Brazil thread with the 12-year-olds who can't be charged with anything.

What's a valid strategy for defending your home and family against harrass-and-run adolescents?

 
I am surprised that ringing a doorbell is considered noteworthy, let alone "terrorism". I am not surprised that the gentleman in question is in trouble for physically injuring a juvenile doorbell ringer.

I personally shrug off harmless (if annoying) teenage hi-jinks. I would (and have) called the police when my mailbox gets the Louisville Slugger treatment, but the "ring-and-run" (even if inclusive of a "bag of flaming poop") is just not worth worrying about.
 
I agree with Wilson. As long as the kids aren't damaging anything then basically they are just being kids. They do silly things like this, they are kids.

As ADULTS our position in life is to understand that. If it's something that is happening consistently then that needs to be addressed--with their parents.

It’s a harmless prank, people need to relax and lighten up.
 
In college I knew someone who pulled the doorbell/bag of poop stunt. It didn't turn out well for the student. Why? Well, because as it turns out the residents were under witness protection waiting to testify in a murder case. The local PD was apparently very close. Needless to say, his semester was ruined.
 
Robert Wilson said:
I am surprised that ringing a doorbell is considered noteworthy, let alone "terrorism". I am not surprised that the gentleman in question is in trouble for physically injuring a juvenile doorbell ringer.

I personally shrug off harmless (if annoying) teenage hi-jinks. I would (and have) called the police when my mailbox gets the Louisville Slugger treatment, but the "ring-and-run" (even if inclusive of a "bag of flaming poop") is just not worth worrying about.
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http://www.timesunion.com/ASPStories/Story.asp?StoryID=952628

Not charged were the teens, who allegedly pounded on his back door, rang his front doorbell and skulked around his property in the dark -- punctuated by a torrent of profanities from the slow-footed boy the man caught and kept inside his house until the cops got there.
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Sorry, I read a handful of articles about this story and I thought I posted one with this included.
 
I think the fact that he chased them down and tackled one proves he was not really worried about his safety. He was mad and chased them down, knowing darn well that it was just some kids.

I'm not saying he should be charged, or that the kids should be charged (in my opinion the two stupid stunts cancel each other out pretty well).... just noting that he was not 'defending his property' from any serious threat and he knew this.

Perhaps chasing them down was the right thing to do and prevented things from escalating to a point where he would have had to take more serious action. But perhaps they would have just left and never came back having been chased, without the tackling.
 
Maybe this is one of those situations where the infamous "racking of the shotgun" sound really would be worthwhile. What are they going to do? Report that they heard you pump a shotgun in your own home? I'm guessing they'd have taken off pretty quick. And if asked, you were readying yourself for what you believed may have been a threat at your back door.

Or just call the cops...yeah, that's probably better.
 
Mayby this wasn't the first time this has happened and he was just tired of it? Hopefully there is more to this story for his defense. Otherwise sounds like dumb moves on both their parts but he is the one who will get charged. In the end it probably wasn't worth it but seemed like a good idea at the time.
 
I am just amazed that he caught him. That must have been pretty scary for the kid having him catching up to you and hearing his footsteps getting closer.
That alone would have been suffice as the home owner could have just tapped him on the shoulder after he caught up to him instead of tackling him and
said "I'll let this one by, don't let it happen again" then let the kid run off to change his underwear.
 
Maybe this is one of those situations where the infamous "racking of the shotgun" sound really would be worthwhile.
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That's not a bad idea and I don't think it would be a crime to rack your shotgun in your own home or on your property (not pointing it at them of course). Would certainly get the message across that he's had enough.
 
I hate to say this, but legally the homeowner did a very stupid thing. His frustration is understandable and justifiable, but his ignorance of the law and/or inability to restrain himself has gotten him in trouble. Hopefully the court will allow for any mitigating factors.

That said, I disagree with the existing laws that concern both homeowners and minors who harass them. In my opinion, the former should have far more leeway while the latter should be punished as any adult would be.
 
Besides the chase not being the smartest thing to do, anyone see where the homeowner KNEW that these were teens in the first place? From the comments I have read so far, many are assuming he knew these to be teens playing a prank.

After the chase and takedown (again, not so smart) and getting his tormentor into the light and seeing it was a kid, now what to do???? Now we have a kid, who might not look so cherub-like, tormenting, disrespecting and cursing the homeowner and his family. Let him go or call the police?

I am with those who think the whole thing should be dropped and maybe the boy's parents cited to keep control of their children.
 
Neigborhood kids will continue to badger this man if they know it gets a rise out of him. Every neighborhood has the man that gets pissed if u step on his grass or ring his doorbell and run, it's fuel to the juvenile fire.
 
Give the man a medal.

The kid got what he deserved. More kids need to get that.

The homeowner took the initiative to solve a problem, instead of just burdening local LEO's with a minor problem. We need more homeowners like that.

We need an adjustment to the legal system that rewards that kind of behavior, rather than punishing it.
 
At the very least, the kid's parents should request that all charges against the homeowner be dropped.

Of course, that is probably asking too much.
 
Diggers said:
I agree with Wilson. As long as the kids aren't damaging anything then basically they are just being kids. They do silly things like this, they are kids.

As ADULTS our position in life is to understand that. If it's something that is happening consistently then that needs to be addressed--with their parents.

It’s a harmless prank, people need to relax and lighten up.
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100%, Sir!

If there is no damage, then there is no real problem.

Had the guy told the kids one time to get off the lawn, then they are, in essence, accepting his contract after they remain silent to his words.... but, in another sense, not able to consent to any contract, because they are not of sound mind.
 
...and according to police, trespassing is just a violation.
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There was recently an article that I read that charged some college student activists with Domestic Terrorism for what essentially was a protest on a professor's front yard.
 
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