Incident regarding trespassing/poaching

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Did you tell the cops you had somebody at GUNPOINT?

Are you -that- rural that it took them 45 minutes to show up, or was the "hot now" sign at the local Kryspy Creame lit?


Waiting 45 minutes in such a situation will be very trying on your nerves.
 
Inspector wrote:

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

Indeed. God, it felt like forever.



CoRoMo wrote:

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

I haven't found anything in our code one way or the other. I remembered some discussions here and decided that I would NOT tell him that he was detained, but if he assumed it, that was on him. But he wasn't going to pick up a firearm anywhere near me.

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.


Thank you my friend. All that I did right, I can credit to this forum. Any that I did wrong was/is all on me.





dcal wrote:

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?


Thanks for asking that one. The deputy didn't give it a minute's thought that I had my firearm out. I kept it out until the deputy had the man in handcuffs. At that time, I unchambered the round in my handgun and holstered the weapon.

When he walked up, he did so in a casual manner. And said "Hi, is that him?"




mgkdrgn wrote:

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?

;-)


I think I sense Joe's sarcasm in his post. :D





CoRoMo wrote:

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.


I *think* that he was bailed out by the Hispanic people that live in that house. A little after this occured, I saw about 15 people in the yard of that house as I passed to do to my father's (there's a story there as to why I went there.) I suspect that they were getting organized to deal with the situation.

I was prepared if they were organizing for other reasons, but I doubted that was the case.




mgkdrgn wrote:

Did you tell the cops you had somebody at GUNPOINT?

Are you -that- rural that it took them 45 minutes to show up, or was the "hot now" sign at the local Kryspy Creame lit?


Interesting that.

When I called 911, I was very explicit to tell them that I had my handgun drawn to protect myself until they arrived, and that I would do so until the person was in custody. They didn't seem concerned about that.

As for the 45 minutes...

It's hit-or-miss around here because of the topography of this county. The county is split by a major river and only two deputies are on duty for 445 square miles. If they are on one side of the river, there are only two points that it can be crossed-- 40 miles from each other.

The police can literally be a mile away, but if they are on the other side of the river, it will take them 1 hour to get here. When we had a break-in at the end of 2006, the police got here in 18 minutes. We were lucky then.







Here is a couple odd/funny things that happened that night that I failed to mention:


- The Sheriff was out on duty that night and was riding with an off-duty LA State Trooper. All three of us went to school together. They almost responded themselves, but they were too far away. I got a call later that night from the State Trooper and all it said was "I heard you got your @ss kicked by a Mexican!" (You'd have to know the trooper) He razed me quite a bit.

- The deputy that responded decided to bring his Dodge Charger down to my deer plot, and promptly got his car stuck. I went and got my truck to pull him out, when I promptly got my truck HORRIBLY stuck.

- We had to call my father to pull us out with his jeep. It didn't work. Dad had to go get a tractor. This worked.

- When dad came on the tractor to pull us out, he ran over my leather hat. I didn't realize this at the time.

- Later that night, I realized that I forgot my hat. I got my handgun and a light and then proceeded to go get my hat.

- I spooked a small doe in my yard and found it odd that she refused to run into the woods. I kept walking, only to discover what she was waiting for.

- I rounded a tree, and came face-to-face with the small doe's LARGE mother. She was spooked.

- Large doe RAN OVER me, striking me squarely in the chest and knocking me flat on my back. I am still sore.

- Both does were so spooked that they didn't know what to do. They decided that the best course of action was to run circles in my yard around my prone and dazed body.

- I could have made a lot of money if someone had videoed that and sent it in to America's Funniest Home Videos.


All in all, it took over 2 hours from the point that I called until we had the deputy free to leave.

I managed to save my hat, but it bears scars from the experience.



-- John
 
JWarren said:
Thanks for asking that one. The deputy didn't give it a minute's thought that I had my firearm out. I kept it out until the deputy had the man in handcuffs. At that time, I unchambered the round in my handgun and holstered the weapon.

When he walked up, he did so in a casual manner. And said "Hi, is that him?"
And thanks for answering. Kudos to the deputy for being calm. I can't imagine it would've been that calm a situation in a more urban area such as where I'm from. Glad that you walked away from this (physically and legally speaking). Happy new year.
 
dcal wrote:

Kudos to the deputy for being calm. I can't imagine it would've been that calm a situation in a more urban area such as where I'm from. Glad that you walked away from this (physically and legally speaking). Happy new year.

Yeah, I was glad to see the deputy's mannerism. I suppose they don't get too worked up about these things around here.


Thanks for the well wishes. I'm glad that everyone came out fine as well. Happy New Years as well! My wife and I are staying in tonight due to some kind of head cold. Hot spiced cider and a movie seems to be a relaxing way to bring in the new year!


-- John
 
i am a pretty critical sob and i can't fault ya a bit. glad no one got hurt. i can only hope i will do as well if in a similar spot
 
cassandrasdaddy wrote:

i am a pretty critical sob and i can't fault ya a bit. glad no one got hurt. i can only hope i will do as well if in a similar spot


Thanks! But I hope you don't get run over by a doe afterwards! Trust me, it isn't nearly as fun as you'd initially think it would be....


-- John
 
The poster and others have criticized the "police" for letting the guy bond out. The police do not determine who gets bonded out.

By the way it is fairly common for less well off hunters or lazy ones to use their scopes as binoculars and look through them at people or landmarks or whatever. It is also very unsafe and should be thoroughly covered in hunter safety classes.
 
cassandrasdaddy wrote:

no offense but i really woulda liked to see that part


None taken. You couldn't possibly have laughed more than my wife and family did when I told them.


green country shooter wrote:

By the way it is fairly common for less well off hunters or lazy ones to use their scopes as binoculars and look through them at people or landmarks or whatever.


True. I've done this dozens of times, and will continue to do so. While it may be considered unsafe, I figure that it is no more safe or unsafe than anything else I am doing while hunting in my stand, in my field, deep in my property.

It's a good rule of thumb that you ought not to walk into a deer plot at dawn and dusk around here it if doesn't belong to you. If you do, assume that someone has looked at you through a scope.

But you really don't expect that on your own land-- even though I will NEVER approach any of my stands again without first taking a knee at 100 or so yards out and scoping my own deerstand first!

-- John
 
John - My thoughts are the following: You did great considering the variables involved. In my neck of the woods, we've had several people killed during deer season with no arrests, or even suspects. I believe the most recent was last year and the police are still investigating. Your situation could have just as easily ended very differently if not for your actions.

That's the key point. Not worrying about offending the illegal, not whether or not your property is posted, and not whether he worked for your neighbor; but that you went home safe. Hands down the most important part is that you came out okay, and didn't have to shoot anybody.
 
Regarding the trespassing, perfect. Absolutely.

Regarding the doe and fawn - you know, they were laughing at you while they pranced around the yard.... That is just priceless.....
 
Bueno Amigo

"JWarren:"

It may be you will never know just how close you came to being murdered!

In PA, there was at one time, a murderer from OH, who would stalk in the woods and come upon a still hunter. This cold hearted felon would then approach the hunter, turn and walk away, turn around again, take sight on his victim, and often blow his head off. He would then be thrilled; as stated by later testimony, to see the hunter's had flip up into the air! That was all there was for him. A thrill of murder and I suppose some gratifying morbid sense that he was able to kill so easily.

And now to your situation. Some other sites on the net will reveal just how many of the illegals from South of the Border are involved here -free to come and go in our nation, and to commit their crimes with almost impunity.

You had good self control, and like it says elsewhere here on THR, "you are not a criminal!"

Oh, and I would ignore the posters; who by their "Philosophical Predetermined
Hatefulness" have categoized you as the one in the wrong.
You know...
to make any judgement { in this case your error was seeing what was right before your eyes -an illegal alien} which, when made, then makes you become
a decider of good or evil. And to them, making the judgement is to make you evil. Remember what has been taught by them in our public schools to our children, in order to pervert this nation. "What might be wrong for me, may be right for you, and what is right for me may be wrong to you." That there is no right or wrong. But then, how is being discriminant { We all know that it is actually discernment we are talking about} -evil? Round and round.
 
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From CoRoMo:

Is there something against detaining an intruder/trespasser/violent threat?

Trespass laws vary widely from place to place. In most places you are to ask the person to leave, and if they do not you are to call the authorities. In some places you are to call the authorities before doing anything. In some places, such as Texas, trespassers may not be arrested without a warrant, and that means that neither a peace officer nor a citizen maydetain a trespasser. In some places trespassers may be arrested without a warrant, and I presume that that entitles the landowner to make a citizen's arrest for the same infraction, though there is always risk involved in doing that.

Some friends of mine recently were accosted by railroad police while walking between two grade crossings toward a stopped locomotive that had had an internal explosion. They were told that they were trespassing and let go. One is an attorney who says that railroad police may detain trespassers.

The real question becomes on of what force one uses. One may not shoot a trespasser who attempts to leave--anywhere in the country.

Addressing punkndisorderly's comment, "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'm sure the bail release for a trespassing charge was well within established law enforcement guidelines in Mississippi. The alien status of the offender is a Federal matter rather than a state or local one.

In John's case, I think the risks of legal consequences (and I have no reason to assume that he overstepped his bounds) were by far the lesser ones. When one is alone in the great outdoors and comes upon an armed man who is breaking the law, one is by any measure in very grave danger.

I once knew someone who became a state conservation agent, and he soon learned that there was a great deal of danger in coming upon armed poachers. Today you have to factor in methamphetamine producers and addicts, other drug dealers, and illegal aliens; such people seem to have very little respect for human life.

I'm sure glad everything turned out OK. I'm not sure I would not have withdrawn and gone directly for law enforcement help.
 
Just remember the Wisconsin incident. If you kick someone out of your tree id be ready to through lead back if need be. Sad world but its life and we have to live with it.
 
Dunno if it grows down South, but wild rose bush sounds like it would deter most casual intruders. That stuff is NASTY if you are wearing light clothing, it has all the properties of organic concertina wire. It's all over the back of my parents property, and the only way of really controlling it is to burn out each root clump. It dulls a GOOD quality machete inside of 5 minutes, shrugs off weed-eater string, and unless you have a tractor, you can't get at it with a mower.
I have no idea where you would find them, but a liberal strewing of seeds for a hundred yards down the ends of those areas will certainly deter most people!
 
Over-reaction would have been to hit the stand with an RPG.

If I thought a trespasser had me in his crosshairs i wonder if i wouldn't have put all four rounds through the stand, and if i detected any futher movement, followed up with 8 rounds of .45.

but that's me...

of course, i do my deer hunting with an AR.. 5 rounds in the magazine and enough 30 rounders in the pouch to EE any marijuana grow operation i have the misfortune of stumbling into.
 
I think you did just fine; though I might be tempted to question the actions of your local police.

Anywho, definitely glad that you ended up safe and sound.
 
wow, that is terrible. i dont know what I would ve done in that situation, but you sure handled it.

keep us updated please.
 
I would have probably done much the same.

I would think tresspassing, weapons violations, assault with a deadly weapon (loaded and pointing at you), illegal alien, no ID, etc, etc...

Maybe you should put the INS on speedial, evidently local LEOs did not consider those violation serious enough to further contact the INS to take custody.

With no ID, assuming they took fingerprints, how exactly did they determine this guy wasn't a fugitive, murderer, serial killer, bomber, terrorist, etc?

I would be cautious around the tenent house you described, not paranoia; but consider the worst and hope for the best.
 
Now, when you jumped to the right, could he still have gotten a clear shot at you?

If so, that seems risky to me, since he could have shot you.
 
You mentioned that your wife felt like she was being watched, and that you found footprints close to your house. Any more problems with that, or have you investigated that situation anymore?
 
JImbothefiveth wrote:

Now, when you jumped to the right, could he still have gotten a clear shot at you?

If so, that seems risky to me, since he could have shot you.

I jumped to the right to get off the road-- and out of is sight. However, it was completely possible that he could have fired through the bushes that blocked his sight-- it wasn't cover by any stretch of the imagination.

The thing is that there was NO cover-- only concealment.

Sure it was risky. But it was no more risky than standing in clear sight. Even turning and trying to leave offered no cover and only put me in his line of fire more. As I see it, sometimes the BEST course of action still sucks.

The area is light bushes and thin trees. No cover to speak of.


revolverman357 wrote:

You mentioned that your wife felt like she was being watched, and that you found footprints close to your house. Any more problems with that, or have you investigated that situation anymore?


So far, not much to speak of. I've checked the area daily and haven't seen any footprints since this incident. I've heard a lot on it, but investigation has shown that the deer are using it as a trail-- prompting me to put a portable deer stand on that trail.

I honestly think that the message got out to those in that house that they WILL be prosecuted if they come onto the property. I feel that there has been no malicous intent towards us previously-- only trespassing for hunting. Coming that close to the house, I feel, was a fuction of the poaching, not harm to us.

However, all that I have seen indicates that we put a halt to the trespassing.

What I don't know-- and am wary of-- is whether or not there NOW is malicous intent towards us due to having a friend arrested and pressing charges.

Because of that, I am a bit wary.



-- John
 
Arizona has a no-release law for illegals who commit violent crimes (it should be a no-release law period, but that's beside the point). Anything involving a firearm would, of course, be considered violent, so here he'd never have seen the light of day this side of the border.
 
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