Brandishing, disturbing the peace.....

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offroaddiver

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is what an officer told me i could be charged with next time.

With respect to the moderators I'll tell just the facts but i will not disclose details.

This past month a case was settled involving charges of criminal trespassing on my property. The highlights of the police report include. Two african american males in their early 20's entered a garage and proceeded to harass a older Caucasian male late 50's. The male from testimony and report of wife and son told the men to leave or the police would be called. The two african american males threatened the male in 50's that the cops would not arrive in time. Within moments a male late 20's entered the garage and told the two african american males to leave. The two african american males told the old man to call the cops, which the 50's male did.

When police arrived the male with the firearm obeyed officers commands to place gun on ground back away and place hands on head.


The 50's male is my father and i am the person with the firearm. Here is what has happened. I have spent time giving testimony in court. I have had the families of the two 20's males take me to civil court. The judges in the civil lawsuits turned dismissed their claims. The two 20's males have received punishment through the courts.

The officers that arrived were professional. They placed myself and the other 20's males in handcuffs. Myself front cuffed and the other 2 cuffed behind the back. Hey I had a cuff key in my pocket but that's another story so I understood cuffing the guy that's a foot taller than the rest of the cops. As soon as they understood the situation they uncuffed me and apologized. They took the two males in and that started the court dates and ordeal.

Here's my bit. The officers were polite but they wanted to throw some weight around. They wanted to make sure that other weapons were secure in the house to which I informed the firearm is secure and if they wish to see the rest they may obtain a warrant to which they told me that I could be charged with disturbing the peace and brandishing a firearm. Their supervisor (I now have 6 cop cars in front of my house) arrived and said that it wouldn't be much of a case since they didn't have forced entry evidence and no one was injured. They all acted like they just wanted to send the males on their way and not do any paperwork. Then they perked up when one of the men had a warrant out for his arrest.

I have heard the following statement numerous times the last couple of months.... " (male) is an outstanding member of the community. Is an active member of his parish. He has had a few problems but he is trying to have a better life for him and his children."

When I encountered these males, My father was standing frightened and the two males had items in their hands. I had two men my size try to stare me down while I am armed. They grabbed items when they saw me. These two men are still alive today.

To those interested my house sits 100 yards from the road. The closest house is directly behind the house and that is 125+ feet the next closest is directly across the road. There is no accidently stumbling into my garage. We just had a friend come help unload a oven that was a floor model into the garage.

My security wasn't there. I don't want to think of what may have happened if any one event changed. I don't want to start a rant. Make your own inferences. I feel something would have happened regardless of whether or not the garage was open or closed. I have looked at everything that happened, within a 4 hour window the encounter would have been made either in my driveway or in my garage. The 2 minute window that I wasn't in the garage was to get some fresh coffee.

Do I believe they were watching for the right moment, yes. Do I believe something may have happened if i hadn't have come out to the garage when i did, yes. Do i believe it would have been worse if i wasn't armed, yes.

I carry. I will carry. I carry when home.

Have I lost sleep, no. Am i paranoid, no. Do i protect myself and my family, what do you think?
 
I'd say both you and the police did the right thing. You have to understand; police are not trained to assume anyone is a good guy. That is how mistakes are made, clues are missed, and people get hurt. Police will say whatever they have to to get to the bottom of the situation. They are trained that it's easier to talk their way through situations than force through them. And a BIG part of that is trying to get people to admit to crimes. Since you didn't do anything wrong, there was nothing to admit to, and that was that.

Police talk a lot. It's what they do. They fish for things. No matter what the situation looks like when they hop out of the car, everyone is a suspect, and they are gonna keep fishing until they pull as much information and as many charges out of the situation as they can. That's their job.

The important thing is you were not actually charged. It was just talk.
 
what were the men doing in your garage.....you didn't tell us if they were trying to start a fight ,steal something, did they just walk in and stand there without saying anything? were they hostile before you reviled that you had a weapon. I'm not saying you were wrong...it just seams a good part of the story was left out and that makes it hard to give an opinion
 
mptrimshop sorry tried to re-edit so to keep people safe and must of edited too much. The two men were acting hostile and the one closest to my dad seemed to be the biggest threat.

To try and bring to more light: I heard shouting when i got to the entrance to the garage from the house (back of garage). The males were basically trying to start something. When I walked in the garage one had a piece of wood and the other had the wiring for the oven in his hands. Dad said they came in asking to the use a phone to call a cab. Dad told them it's less than a mile to the gas station. Then they asked if they could bum some money. Dad said he was broke and asked them to leave. They basically said what if we don't. I was at the door when dad yelled "if you don't F******** leave I'll call the cops"
I saw the two men holding items in their hands, dropped the coffee cups and drew.

This wasn't an innocent just stumbling in the garage situation. They must have entered the garage right when the friend of the family left from helping with the oven we bought. You have to hike a bit to come to the house. Still glad I practiced trigger control.

Just caught another post. It is true the difference between cops and civilians. Civies say suspect, individual, other attempts at legal soundings... cops just say A-hole idiot punk etc. LOL I really have to re-edit to make sure I was polite in this posting.
 
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Many thugs these days get shot at, threatened with guns, threatened with knives etc. to the point where they have more 'combat experience' than many LEOs. There is no way to know the background and history of one of these individuals, in fact there is no way to know many of the things you need to know when you come up against a stranger in a stressful situation. Is he mentally disturbed? On drugs? Drunk? You don't know, and you may not be able to sort out critical information from the available evidence in the time you have.

But you have to be careful what you assume. Most of us assume any normal person will be frightened of a gun, or at least have some respect for it. Nope- not necessarily true. IMHO it's not necessarily a good idea to produce a firearm thinking it will scare someone away. It might just escalate things.

Many of us are accustomed to thinking of human behavior in terms of 'fight or flight.' It might be more useful to us as armed citizens to think more in terms of the four options proposed by Dave Grossman- fight, flee, posture or submit.

http://www.teddytactical.com/archive/Feature/2006/04_Feature.htm

Glad it all worked out OK-

lpl
 
By the way- this would be a good time to brush up on how to recognize a criminal interview as well- see http://www.nononsenseselfdefense.com/interview.htm . To put the criminal interview in perspective, see http://www.nononsenseselfdefense.com/five_stages.html .

A criminal attack is a PROCESS, not a discrete event. The actual attack comes after a period of evaluation of the prospective victim. Be aware of the process, know how to short circuit it at any point up until the attack actually happens...

lpl
 
Lets just say the stare down including the time it took to get through the 911 operator to when the cops got there was not quick. I didn't expect them to just run off but the shoulder dropping to try and psych me out... Stupidity is the best i can say.
 
It is of no small significance that the presense of a firearm actually defused the situtation; no one was hurt, and you remained in control of the situation. You stood your ground against the assault of two predatory thugs, and again stood your ground in defense of your rights against civil but overly-inquisitive cops. And once again in the face of spurious litigation. You were decent, courageous and level headed. You are to be admired.
 
which they told me that I could be charged with disturbing the peace and brandishing a firearm.

Hey yeah, weren't you on your own property "in the middle of nowhere"?
Doesn't seem like there would be a whole lot of peace to disturb...
 
as i see it, you did fine, covered your butt and MIGHT have saved a lot of blood loss.

Open carry is NOT legal in Florida in public, but i open carry on my property a lot more now that the world had gone to pot. it is private property and have talked to several LEO here at my house as i wear a gun in owb holster and never had one tell me anything negative at all, most tell me thanks and keep up the good work.... hmmm think i will....
 
It seems unnecessary to report the racial composition of the parties mentioned. All the more so in a thread attempting to "not disclose details." Just saying. After all, it suggest that had the composition been different, the actions and justifications would have been. Something incorrect.
 
Sorry in advance for my cynicism.

Sorry, but I believe there is a whole lot more to this story. There usually is. I'm cynical that way.
diver said: ...i will not disclose details.
There is a lot of truth in the details. I don't think we got the whole truth.

For instance, the only explanation offered regarding the behavior of the police is, "The officers were polite but they wanted to throw some weight around." This is clearly the OP's conjecture, but presented as Fact. I suspect that a lot of this report is the OP's own side of the story, presented as fact but polished to show it in the best possible light. We all do that, every one of us.

So here's the important point, to me. If two adult males threatened my family on our own property, disturbing the peace would be my last thought. Protection of home and family is number one. I don't take exception to protecting family as the OP did, but he asks for our support without telling the whole unblemished story. I apologize sincerely, but I'm too cynical for that.
 
Arizona just changed the statues, now it is legal to show you are armed to prevent or stop possible danger to your self; or to de-escalate a situation. Be fore if you flashed a gun to tell some to back off you could conceivably have been changed with banishing or threatening.
 
they told me that I could be charged with disturbing the peace and brandishing a firearm.

Sounds like the cops were full of something smelly and just wanting to see your reaction. In other words, they were fishing.

You're on your own property when two hostile males, one w/ an outstanding arrest warrant, enter your home uninvited and unexpectedly, threatening your father. You react to protect your dad and no force is used in the process.

What disturbance? Brandishing?

Both of my brothers are cops. If one of your local yokels was trying to break you down with this 'tactic', he needs to go back to square one and pay attention to his training the second time around or else find a job flipping burgers. :rolleyes:
 
Gives you lots to think about, even with only one side of the story. My training is that you don't draw unless you are willing to shoot. My application of that is that I might clear holster and hold, but if I raise the gun it is because I'm going to shoot.

Glad you did not have to.

jt
 
Sounds to me like you execised the proper amount of force to contain the situation.
When situations like this arise you have seconds to think and react. The hardest part of being responsible with a defensive firarm is knowing when and when not to draw. Very difficult to determine, and very easy to monday morning Quarterback. I have been is a similar situation last year, and it is not easy.
I hear people say "I won't draw unless I intent to shoot..."
Hmmmm.. I have to question that statement. Sounds great in the movies.
 
You found it necessary to describe the racial makeup of the two perps. What was the racial makeup of the the other players, or maybe that's not a relevant detail?

Regardless, based on the few other details provided, it sounds like you did what anyone else should have done and you didn't go overboard and unnecessarily escalate to the next level. I am very protective of my family and, like you, I would not have hesitated to draw under the circumstances you described - regardless of the perpetrators race, nationality, religion, political affiliation or mode of dress.
 
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