I have lived in my home
for 45 years. A few months ago, a female neighbor directly across our
street began housing a convicted felon just released from prison, a
repeat offender whose criminal record includes charges of aggravated
robbery, drug abuse, having a weapon on disability, theft, and
domestic violence.
Just recently I heard a
gunshot outside my house. It was very loud and likely extremely
close. As I went to investigate, the 37 year-old offender, who
appeared to have a firearm, yelled at me from across the street for
no reason (while I stood silently looking out my full-view screen
door). He said: “Get back inside your house, you old motherfucker.
I'll come over there and beat your ass.”
My wife, who happened to
be standing near the garage at the time and heard the man's threats,
immediately called the police. We filed a police report, and the next
day we requested a restraining order. The judge granted the hearing
for the order, and we go to court on July 15. We have also contacted
the defendant's parole officer to inform him of the offense.
In the meantime, Cindy and
I are currently spending lots of money to upgrade our security with
new lights, cameras, signs, etc. Of course, we are fearful of what
violent acts could occur, and so is the rest of my family and friends
who frequent our home. After reviewing the extensive rap sheet of the
felon, we are cognizant of his propensity toward violence.
A home is a place where a
family should be able to relax in peace. It is a sacred and personal
sanctuary. However, if you have a neighbor who harasses and threatens
you, you need to take the appropriate actions to protect your life,
home, and property. You should never have to listen to someone yell
at you, make threats, and disturb the peace. Imagine this coming from
a person with a record a mile long.
Legal rights? Even though
the Constitution guarantees the right of free speech, that right is
not an absolute one. The law has long recognized specific limitations
when it comes to speech, such as criminal threats. These threats are
understood as words “a reasonable person would understand as
threatening.” With these threatening words, the speaker has the
specific intent to instill fear in the listener.
The law defines harassment
as “communication deemed derogatory or offensive, threats of
assault or violence, engagement in offensive physical touching, and
repeated acts of intentional alarming or annoying behavior.” Even
playing loud music or pestering a dog in a backyard can constitute
harassment.
If an offensive neighbor
has any prior misdemeanor or felony convictions or if he continues to
act in a threatening or harassing manner, the court can change its
orders, having him arrested for a more serious crime. Living close to
a violent person like that is not just annoying, but frightening,
especially when things escalate. Of course, drug use can also ignite
unacceptable behaviors and amplify problems. It certainly appears to
be in play considering the past history of the defendant.
A criminal threat involves
one person threatening someone else with physical harm. This is
exactly what the ex-con did to me … and something he evidently
intends to use while bullying innocent others. He even has a moniker
of “punk” and claims he is still working at “growing up.”
When the police arrived,
both Cindy and I told them about the incident – the whole story of
the gunshot and the unprovoked attack. The officers talked to the
ex-offender, and he told them a pack of lies. He made up a false
narrative and even blamed us for his outburst. Of course, the police
left with my complaint in hand but telling me “it's our word
against his.” They made no efforts to investigate possession of a
firearm or interview other neighbors for witnesses. They said they
did not do these procedures.
Yelling threats at
someone, or even looking at someone while making threatening
gestures, can also be considered menacing. In Ohio, 2903.22
“Menacing” states …
“No person shall
knowingly cause another to believe that the offender will cause
physical harm to the person or property of the other person, the
other person’s unborn, or a member of the other person’s
immediate family.”
Criminal threats are made
with the intention to place someone in fear of injury or death.
However, it isn't even necessary for a victim to actually experience
fear or terror. Rather, it's the intention of the person making the
threat that matters. The intent of a person who makes threats is
usually determined by the circumstances surrounding the case.
The past criminal record
of the defendant can be a factor. In this case, the defendant's
record is very extensive and spans decades. He, evidently, is not
reforming his criminal behavior. My wife and I do not want to be his
next victims. It is evident from his past that he has left many
injured parties in his wake.
I believe there is an very
dark segment of the population in Scioto County – a significant
group of people that not only remains indifferent to drug abuse and
criminal behavior, but also condones and conceals the lawbreakers'
presence. These people enable criminals and addicts by excusing
their offenses as “what a 'bad boy' or an addict does.” They
actually glorify the “punk” and the thug life through their
complicit behavior as they house and feed these lawbreakers.
I find this insulation in
my own neighborhood disturbing and extremely threatening. Bringing
the criminal element into a peaceful neighborhood and allowing it to
proliferate is complicit behavior. Why should the neighborhood suffer
while a few residents open their homes to unreformed individuals,
people making no attempt to better themselves?
If an ex-con has no
intention of reforming his life, he should be arrested and charged.
If he continues his bad behavior, he should be re-institutionalized.
It is not my place as a lay person in the community to enforce the
law. Instead, it is my duty to report those who break the law. On my
street, I try to adhere to this obligation. I do not want my home to
be in the center of a declining neighborhood suffering through the
terminal cancer of lawless behaviors. I have lived here far too long
to see it destroyed.
My wife and I have never
been to court for a protection order. We intend to speak honestly and
present the facts as they pertain to the proceedings. After reading
the defendant's statements, we also realize that we will be attacked
and ridiculed by him. We have no idea if he will attempt reprisal for
our actions against him. That, sadly, will be left up to his
aggravated nature.
Still, we fiercely defend
our right to live at 2810 Brant Avenue for the rest of our lives and
do so without bullying by criminals and bad neighbors. We refuse to
move, and, instead, we prefer to dedicate all our efforts to making
our street even safer. Although it is very humble, the home in which
we live possesses many golden memories. It is a family dwelling, not
a house of convenience or an insignificant temporary residence. It is
a place we love, and we intend to keep it that way.
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