Responding To Violent Threats -- A View At Age 69 in Portsmouth, Ohio

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.