Incident regarding trespassing/poaching

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JWarren

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I thought I’d post an incident that occurred with me on Friday of last week. I wanted to hold off writing anything until I was able to speak with the Sheriff’s Office on Monday.

I spoke with them on Monday, and I feel comfortable posting now.

Let me preface by saying that this wasn’t some kind of break-in, etc. It was trespassing. However, I post because it brought some very real concerns to my consciousness.

Some of you will believe that I over-reacted. I disagree, but you are welcome to your opinions. I have very valid reasons and concerns as to why I reacted as I did. For some, those will never be considered valid, and I respect that. All I can say is that unless you are in that circumstance and recognize the uncertainties and variables that CAN happen, you really don’t know. I do know this, however: I have absolutely no reason to trust a person that I do not know, and I feel that it is a mistake to allow unsubstantiated trust cause you to put yourself in a vulnerable position.

Do remember that many police officers get killed on routine traffic stops.


So, here it goes.


At approximately 4:00 PM CST (I was running late), I set off to go deer hunting. Because I was running late, I decided to go to the deer stand that I have behind my house—I can walk to that one from my house. As usual, I am carrying my 24” stainless steel LR-308 with a 4-round magazine, and I am carrying a 1911A1 .45ACP in a holster. I’ve got a book and a drink in my two coat pockets.

As I get about 20 yards from my deer stand, I hear a noise in the deer stand. I’ve had squirrels and such get into the stand, so I didn’t think so much about it. However, in a split-second, I see a flash of light in the window of the stand. It takes a moment to recognize that the light was reflection from the glass of a scope! That flash of light meant that light just reflected off the objective lens of an optic—meaning a rifle was pointed directly AT me from inside the deer stand!

I immediately lunge off to the right side and yell out “Who’s there!” I do this for two reasons:

1.) Hopefully, get out of the line of fire.
2.) Identify myself as a human and not a deer.

I can still see the rifle’s muzzle pointed out of the deer stand and the person inside says nothing. Here’s how I could see it:

I couldn’t go forward and I couldn’t go back. I wasn’t about to hit the woods to make it back to the house because some hunters are known to shoot at sounds. I wasn’t about to get out on the road and make myself an easy target, and the person in the stand has not made any effort to say anything or lower his rifle.

I decided that I needed control of this situation, or I was possibly going to get shot. (I recognized that this was a possibility regardless of what I did.)

I shoulder my LR-308 and throw off the safety. I lean out and sight the window of the stand over my optic and yell loudly “Raise your rifle NOW and get your hands where I can see them immediately, or I will fire!”

Finally, this got his attention. I saw the muzzle of the rifle move away from me, and he started to say something to me. I told him that we could talk when he was on the ground and that as long as he was up there, he was a threat. I then reminded him not to make any sudden movements and to keep his hands in the window so that I could see them. I then told him to kick the door open with his foot and to swing out onto the ladder to come down.

When he got out on the ladder and turned around, I could see that he had a semiautomatic handgun stuck in his coverall pocket without a holster. I didn’t say anything at this point, since he was on the ladder and both his hands were occupied getting down.

While he was on the ladder, I learned something else. My LR-308 gets REAL heavy when holding it as such an extreme upward angle with no support. I took the chance to knee down and quickly set the rifle down in the grass while unholstering my 1911A1.

When the person got to the ground and both his feet were on the ground, I told him to keep his hands on the ladder, and that I knew that he had a handgun in his right pocket. I told him not to make any quick moves or go for the gun. I told him that he needed to place the handgun on the ground and that he needed to get this right the first time. To get it on the ground, I told him that he needed to take the grip with his thumb and first finger and NOT to grab it, and I told him to do so slowly. He did so, and placed the firearm on the ground. I then instructed him to step several steps away from the firearm, and that then we could talk.

I informed him that I had no way of knowing if he had any more weapons and that he needed to keep his hands where I could see them, and out of pockets. I also told him that he needed to keep his distance from me.

During this time, I kept my 1911A1 unholstered and with the safety off but pointed at an angle to him. At this time, the only weapons that I am aware of that he has is the hunting rifle that was left in the deer stand, and the semiautomatic handgun that is on the ground at the base of the deer stand. My LR-308 is behind me laying in the grass.

I decide to try to get some information before calling the police. I shouldn’t have done this, but there were some circumstances that made me consider not calling the police. I’ll explain.

I was able to piece a few things together.

First, the person was a young Hispanic male (22 years old.) We don’t have a huge Hispanic population here, and the only Hispanic people anywhere near me are a group that lives in a property nearby. These people work for a man that goes to my church. I am inclined to keep good relations with the employer due to church and community connections. I was tempted to be willing to let the employer/landlord handle the situation if I could. After all, this did seem to be a simple case of trespassing/poaching with no malicious intent towards me. (This was the case.)

I wanted to get information that would help me determine if what I suspected was true, so I ask the man his name. He gave a name that was spoke quickly and even though I took 5 years of Spanish, I didn’t do so well with it. I said, “OK. That didn’t work. I am going to need to see your ID if I am going to consider not calling the police.” He says that he does not have an ID on him, and that it is in his truck.

Now I am really starting to piece things together. You see, about 35 minutes before this incident, I saw a guy in camouflage coveralls in front of the tenant property talking with the other people there. I didn’t know if it was one of the people that live there or a guest. Being the guy I am, I waved as I passed and they all waved back. So I KNEW that he was at the house.

I asked him where his truck was and he said that it was in a town about 1.5 hours away. He never would tell me how he managed to get down here without driving his truck. I then asked him if he worked for the employer I mentioned earlier in this thread. He stated that he did not. I then asked if he knew the people that lived in that house. Again, he stated that he did not.

As I saw it, I was just completely lied to regarding the last point—since I saw him earlier in their yard. Because he told me that he didn’t work for the employer mentioned earlier in this thread, I have no reason to have that relationship as a consideration.

I inform the person that I would have to call the police to deal with this matter. I tell him that he was not to make any sudden movements while we were waiting for the police.

It takes about 45 minutes for the police to arrive. A cruiser comes and handcuffs the guy. He takes my statements and took possession of the person’s Savage 110 .270 rifle and a S&W .40 two-tone handgun.

The Sheriff’s Deputy informs me that I will need to come to the office on Monday morning to pick up the report and to press charges if I intended to do so.


I was really up in the air about if I was going to follow through on charges. As I figured it, 2 nights in jail (Friday-Monday) was pretty tough for trespassing.

However, on Monday, I discover that he was bonded out on Friday night. I pressed charges.

Here are the interesting things:

First, he was bonded out without giving any identification.
Second, he was bonded out without providing an address.
Third, it was listed on the report that he was not a US Citizen, yet there is no indication that they looked into the weapons ownership eligibility.


As I figure, he will never get served to come to court.

The fine that he would have paid for trespassing is $500. However, because he will probably not ever show up again, he will lose the Savage 110 and the S&W .40 that the police kept for “safekeeping.” He would probably have been better off paying the fine.


Now, some of you have read this and think that I overreacted or was a bit over aggressive in the matter.

I can only say this….

I am standing in the woods with this person and no witnesses other than God above. What is preventing this person from solving his problem by killing me and leaving? We hear gunshots around here all the time during hunting season. No one would have noticed this one. It would have been several hours before anyone even found my body.

What do I know of this person? I do not recognize him and I do not know his past. Does he have outstanding warrants? Does he think that this is going to cause him to get deported? Is he wanted elsewhere? Is there anything holding him to this area that would make killing me and moving on a troublesome possibility? Is this guy scared of the fact that the police will run his record and discover something?

I don’t know the answer to any of that. I don’t have any reason to believe otherwise, and I can’t find anything that makes me want to trust him more than I want to stay alive.

Remember, many police officers get killed or shot on routine traffic stops.

Here are a couple things that I should point out:

1. I treated this like a threat until the police arrived and the threat was removed.
2. I did not detain the person. I informed him that he was not going to pick up a weapon anywhere near me, but I never told him specifically that he was detained.
3. I would have let him leave if he chose to turn and walk away. I wasn’t going to shoot a guy in the back if he walked off, but if he chose to do so, he would do so without his weapons.
4. I did not expressly state #3 but I told him that only rapid movements or moves toward me would be considered a threat and treated as such.

All in all, I think that this was a bad situation—being that it was so secluded and there was so many ways that a person could have acted against me without no witnesses and a very real possibility of getting away with it.

I do think that I handled the situation rather assertively, but I do not feel that I would handle it any differently if I had to do it again in that regard. I’m sure that there were some mistakes that I made, or some risks that I took (putting down the LR-308), but circumstances don’t always fit our theories.


I have included a crude map of the area that this occurred. The yellow line is the line that it seems that he took to get to the stand, and the pink line is the route that I take to get to that deer stand.

Yesterday, my father and I walked the pipeline and found evidence that people have been traveling that pipeline more than just that day. There were a number of tracks going in both directions.

Furthermore, we walked the Fire Line that comes close to my house. My wife as said several times that she thought someone was in the woods over there. I figured it was a deer. However, I discovered several footprints on the fire line—many close enough that you could watch my house through the woods!

My father and I are considering how we can address those concerns now.


At any rate, there it is.


-- John



The crude map:


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Was your land posted?

It sounds like you handled the situation pretty good. From the sounds of it he wasn't looking for trouble but you never really know. I too would be pretty freaked out if someone was pointed a rifle at me.

I can't imagine what was going through the guy's head when he was pointing his gun at you. By any chance were you wearing orange? I know it's not required in every state, but going to and from any stand (even on your own property)it's a good idea to at least wear a vest, or at hat that's orange.
 
Interesting. Based on your sketch, is your stand located on the edge of your property and another's? Did you hold him at gun point the whole time? Don't get me wrong, if I was walking to my stand and see someone pointing a gun at me, I'll be very concerned.
 
Given the situation, doesn't sound like an over reaction to me. He could have ended the whole thing quickly by just being "up front" with his story. Once he started being evasive, you have to assume the worse.

I'd like to say I can't believe the police let someone "bail out" that had no ID and wasn't here legally .... but I know better (heavy sigh).
 
Was your land posted?

Thanks.

Yes, the land is posted. We posted it years ago and have posted signs along the poperty line. However, in MS, you no longer HAVE to post your land. All private land is considered posted, and you must have permission from the landowner to come in. However, we posted it prior to this law.

I am, however, about to place bilingual posted signs on the line now.


One thing that I failed to mention that was a pure coincidence:


I NEVER have a round chambered in my hunting rifle as I am going up to a stand. However, earlier that week, I had a big buck in the plot that I couldn't get a shot off on as I was walking up. On that day, I decided to chamber a round before heading to the stand in case I saw one. I figured I could empty the chamber before climbing the stand. I really don't like the idea of going 25 feet up a ladder with a loaded 15 lb rifle.

I was lucky that I had a loaded chamber. After this, I will NEVER walk to my stand without the rifle loaded, and I will stop well off and put my scope on the windows to see if anyone is in the stand!



-- John
 
seems he had you in his sights before you reacted. i ponder that if he ment you harm he could have done it. i am not fond of the phrase--it is what it is--but alls well that ends well.
peculiar that undocumented he would be released; doesn't seem proper. the guns were on your property; i would ask for them.
that others are watching your movements is most disconcerting. sad that you now have to stalk your own tree stand.

of course hindsight will offer other things that you could have done but as it turned out what you did worked and that makes it right.
 
By any chance were you wearing orange? I know it's not required in every state, but going to and from any stand (even on your own property)it's a good idea to at least wear a vest, or at hat that's orange.

I did have an orange vest.


Based on your sketch, is your stand located on the edge of your property and another's?


The scale is kinda off. I'm not much of a cartographer. The property line is several hundred yards past the stand. The land on the other side is owned by an elderly gentlman and he has NOT given permission to anyone. In fact, the last time I spoke to the gentleman, he told me he thinks that someone from that house shot a hole in his deer stand.

My propety goes off the map quite a distance in the North, East and South directions. I just showed the West edge.


Did you hold him at gun point the whole time?


I held my handgun in such a manner that I could bring it to bear if I had cause, but I did not point it directly at him. I kept it in my hand and off to the side significantly with the safety off.



He could have ended the whole thing quickly by just being "up front" with his story. Once he started being evasive, you have to assume the worse.


Yep, my thoughts exactly.


I'd like to say I can't believe the police let someone "bail out" that had no ID and wasn't here legally .... but I know better (heavy sigh).


I'm still shocked about this.


seems he had you in his sights before you reacted. i ponder that if he ment you harm he could have done it.


This is a very significant statement.

Yep. I figured that he basically had the drop on me. All I could think is that he either was unwilling to do anything (which was the case), he hesitated, or that he didn't get a good sight picture, or hadn't distinguished me from the woods yet. there is a bit of a bend on that road.

I wasn't going to take my chances, and was happy to be alive at the point that I realized he was pointed directly at me.

He may have not had me in his sights. Like all hunters, you look in the direction you hear noise. There is a good chance that he heard something coming, but hadn't seen me yet.



-- John
 
Whew.

My philosophy is that avoidable confrontations should be avoided. That jump to the right, if it was to cover, would be the right first act.

I think you were lucky that the person was more interested in living than in getting away. If it had been the latter, it could have ended very badly.

My comment on tactics is as follows: You did not mention whether there was cover - like trees or something that might stop a bullet. If there was, the transaction probably should have been from behind cover. Or if there had been a route of escape with cover, then that. Once you escaped or got behind cover, that's when I would think is the time to get out the cell phone.

That's my 2 cents.
 
esq_stu,


Good points.

My jump to the right was to "Concealment"-- not Cover. :uhoh:

There was no "cover" to speak of anywhere around-- nothing that I could believe would stop a .270 round.

I considered the cover issue, and I considered the evasion issue-- both in the matter of milliseconds. It seemed like forever, but in reality it was less than a second. I quickly realized that there really wasn't a way back to my house that would not:

A.) Put me clearly in the open
B.) Sound like a deer going through a thicket-- a thicket that would not stop a high-powered rifle round.

I felt stuck. The fact that he wouldn't speak when I shouted out to him had me VERY concerned.

I had a cell phone and signal, but I didn't feel that I could use it to call 911 where I was, and I knew the cops were a long way away. It turned out that it took 45 minutes to get a cop there.


-- John
 
2. I did not detain the person. I informed him that he was not going to pick up a weapon anywhere near me, but I never told him specifically that he was detained.
In Colorado if a reasonable person would not think that they were free to leave they’re detained. I’d say that you detained him, but considering that I’d have his butt proned out w/ both hands in the air I can’t say you over reacted.

Given that he understood that you were going to shoot and had enough English to follow your commands I’d say he knew he was trespassing
 
I think that you handled the situation well. I'd watch my back from now on, he likely has other illegal friends around and may still be around himself.
Complete incompetence to let the guy bond out with no ID, knowing he was illegal. They should have charged him with the firearm violations.
Maybe someone else bonded him out and they provided their ID.
 
Scary situation! Consider that he "may" have just been "watching" you through his scope, and not actually "aiming" at you, but not likely. I think you handled it well, but be very, very careful from now on!
 
Taking everything into consideration, I also feel you acted accordingly.
 
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In cool light of retrospect, you may think that you "overreacted" but in the heat of the moment (based on your story) you kept your head together and kept your advantage. I can't say that I'd have done differently, and, in fact, your scenario is a good teaching case.
 
Don't have much experience in these sorts of things. In a generic "someone was trespassing / in my stand" situation I think holding them at gunpoint would be an over reaction. In my opinion, the fact that he had you covered with his muzzle changes everything.

Well done, and congratulations on ending the incident without harm.
 
you did the proper things necessary for your safety, one thing a lot of people don't realize is that mexican citizens know that once the police get involved (in mexico especially but it gets applied here also) and there are guns with the person in trouble, said guns are forfited and never seen again, so the moment the guy heard police he new the guns were lost, I'll bet he was happy enough that the border patrol was not called by the cops.
edit to add; I lived in mexico for 10 yrs and still have family there.
 
Thanks for the comments, guys.

One thing that I haven't mentioned regarding my crude paintshop map that may paint a better picture...

All of the deeper green areas is a thick pine and oak forest. The tan-ish color represents low grass like rye grass, lawns, or such.


While I believed that the situation was what it seemed to be, and ideally should have been easily remedied, there were so many variables that I was not comfortable with trusting to work out alright. Namely, this was one instant that you knew with absolute certianty the the other person WAS armed, and possibly still could be.

Once the police was called, who knows how it could have been in the time until the cops showed up.


I do want to mention this. Waiting 45 minutes in such a situation will be very trying on your nerves. Staying in "Condition Orange/Red" that long isn't a fun thing. I went to bed that night with a stress-induced migrane headache-- and I NEVER have migranes.


-- John
 
John,

I can only imagine the stress. And you must have thought that that 45 minutes seemed like it was never going to end.

I try to be ready for anything, however, deep in my heart, I really hope I never have to confront anyone.

I believe in "being prepared" however, I sincerely hope I never have to pull out my weapon.
 
I wouldn't say you overreacted at all. You did what you thought you had to do with the little information you had (armed guy on your property, no ID, etc).

The fact that even down in Missippi, the police would release an illegal alien with no ID on bail who was armed and tresspassing just tells me that the country is indeed as far gone as I thought.

I think I'd have a chat with the head honcho at the sheriffs department and ask for an explaination. I'd aslo be relaying my story to local officials and media if the explaination wasn't to my satisfaction.
 
I've read quite a few of the real life scenarios on THR, and yours is by far the most proper, error free, and effective response I recall. Well done.

My question is this...
Is there something against detaining an intruder/trespasser/violent threat?

...the guns were on your property; i would ask for them.

This crossed my mind too, but surely the authorities aren't going to let you have his guns... right?
 
JWarren,

I have a question as to what you did when the cavalry finally arrived. I presume you had the gun, as you said, "pointed at an angle to him" and the trespasser had his hands in the air. At the moment the LEO arrived what did you do with the weapon (e.g. low ready, holster, place on ground)? What was the LEOs reaction to the situation?
 
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I forgot to mention how frustrated it makes me to think he got out of custody having never proven is ID.

I don't suppose you know whether he was bailed out by a bail bond company. They would surely keep tabs on him and would require ID.
 
And I'll betcha he didn't have it in French, German, Vietmanese, Russian or Swahili either. Nor are the roadsigns, advertising, or menus.

Lets see, we've got an illegal alien, armed, CC w/o a permit, trespassing, poaching and putting a US Citizen in his sights, and you bitch because the "POSTED" sign isn't in Mexican?

Ahhh, I get it, yer from California, ain't ya?

;-)


Ah, but did you have it posted in Espanol?
 
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