Assault & Battery Neighbor shot at us in the road. How to proceed to press charges?!

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shulace

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Driving down the road, turned around in the road, not in their driveway, and proceeded to get shot at by a 12 gauge (so it sounded like). I stopped and yelled out the window at the flashlights on the hillside (the neighbors porch), asking if they had just fired upon us. They responded with many expletives, and told us yes they did fire at us and to get our dogs(WTF?) out of their trash.

Number one, no dogs were out.

Number two, they shot directly at us, my landlord hearing the shot, and me and my girlfriend witnessing the muzzle blast and projectile breaking pine tree limbs.

Now here comes the kicker.

We immediately told our landlord who proceeded to go over there and talk to them like a civil person. We were not going to get the cops involved, thinking that this might have been a misunderstanding and not wanting to cause any neighbor rivalry thats further than shots being fired, if you understand that. We waiting for landlord to return before we would call the police, but i guess they decided to jump the gun, once again and call the police on themselves!

The cops came, and would not take a report for us, did not ask us for our names, and told us to pen our dogs, or we'd get a ticket.

We have chi-chi dogs, that are penned. They couldn't even knock over a 5 gallon bucket if they tried let alone a trash can...so its impossible for our dogs to get into their trash. Plus, these neighbors have 3 huge dogs, and my chi chi's are deathly afraid of strange big dogs. No way our dogs have dug in their trash.

Cop said they they called saying that we were shooting at their dogs.

Confused?

We said we wanted to press charges.

The deputy then proceeded to tell us he wouldn't, he could, but it would be pointless and it was getting late, because the DA would just throw the case out and actually write us a 400 dollar ticket for having a dog running loose.

He then proceeded to tell me how he told the neighbors that they legally couldnt shoot my dogs, but legally could shoot them if they were running after their cows!

THIS WAS LAST THURSDAY!

We dropped it, thinking these people would just let it go.

We just got done dealing with ACS, who came and wrote us a ticket (without witnessing anything) for unregistered dogs.

We now want to press charges against these guys for firing upon us. After a little bit of research, shooting a gun at someone can hold a pretty hefty sentence, and i think is something that shouldn't be held lightly.

WHAT DO WE DO NOW?
 
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Oh yeah, the report today was that our dogs were chasing their cows. I call cow poop, literally. MY DOGS HAVE BEEN PENNED AND WE CAN SHOW PROOF FROM MANY PEOPLE!
 
You might want to find new living arrangements.
It appears this won't end well, and according to you, the sheriff's department refuses to help.
Yeah, I'd have left yesterday.
Your neighbor's are too powerful and they will get their way, I guess.
 
Yeah. That's not going to happen. 20 acres of grand land. Power has nothing to do with anything.

Anyone have any real legal advice?
 
How do you know they actually shot AT you? You heard a gunshot and asked them if they shot at you and they replied that they did. I suspect that they did not repeat that statement to the police. As such, they fired a firearm in a country area likely where there is no specific ordinance prohibiting it.

Yes, you have a lawful right to make a citizen's arrest if you believe there is probable cause to believe they committed a crime, but, the sheriff's deputy can decline to make the arrest if they feel that it does not meet legal sufficiency. If you feel the officer did not properly follow the law as provided in PC 837 ...

837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.


... You can call the office and complain. But, you cannot force them to make a report or forward it to the DA. And, the deputy may well be correct. If they deny shooting AT you, and everyone agrees your dog was running loose, you could be charged with the only offense that can be proven - that regarding the unrestrained animals.

And no one can force the DA to file charges even if they receive a report or an arrest.
 
How can my dogs running loose be proven? because he said he saw them running loose?

Well we saw him shooting at us. We saw a muzzle flash and heard branching breaking. I am an avid deer hunter from NY and know what a shotgun slug through the woods sounds like.

Whats stopping us from going straight to the DA's office?

Thanks Java.
 
The DA will rarely act without a police report. While it's possible to go straight to the DA, they will probably defer to local law enforcement. And their word that your dog was running loose is as good as your word that they shot at you. All the defense needs is reasonable doubt, and without any proof a decent defense attorney should be able to raise reasonable doubt to this scenario especially since shooting at you would be a violent felony per PC 245 and the elements of the offense are rather high.

You can talk to the DA, but don't be surprised if they punt it back to the sheriff's office.
 
The dog is a moot point. Your complaint is that a shotgun, a deadly weapon, was intentionally (or negligently) fired at you.
It is not the deputy's place to play judge and jury and anticipate what the DA may or may not do. You made the complaint and the deputy should take a report and send it in, even if he thinks it won't go anywhere.
If you are serious about proceeding you can go to the police/sheriff department and make a formal WRITTEN complaint (the agency may have a specific form). It WILL be investigated and will likely result in your report being taken as you requested and an internal investigation as to whether the deputy acted appropriately.
The end result may be the same (lack of evidence either way), but you will have your report and a legal response from the DA as to why they do do not pursue charges.
 
Hmmm, you state You saw the pinetree limbs breaking... but yet it was night. You state your a deer hunter and knows what the sound of a shotgun SLUG thru the woods makes. You said.. " Pine tree limbs breaking " a slug isn't going to break limbs. It would cut them in half or lodge in the limb. Did you take pictures of this damage at night? I once was driving a Command staff NCO around at night in the military days. I was maybe 5 months in the Army at the time. While driving down the dirt road on night.. I saw these tracers bullets coming right for us. I cut the steering wheel so hard that i thought we would flip the jeep. This NCO yells... What are you doing. I stated didn't you see those tracers coming right for us. He started laughing... If you can see them they are NOT going to hit you.

You could install video cameras around your house. This would record your dogs at your property when they say they were chasing the cows. I find a lot of HOLES in your story...
 
The dog is a moot point. Your complaint is that a shotgun, a deadly weapon, was intentionally (or negligently) fired at you.
From what I read, all that they can say for relative certainty is a shot was fired - not that it was fired at anyone in particular. What's the relevant PC section here? Absent a charge of PC 245 (which does not appear to be substantiated), or an ordinance in the county prohibiting the discharge of a firearm in the county area, there may be no crime here at all.

Now, if we're talking about a crowded residential area, you might have a point. But, if not, then it's a hard sell.

The end result may be the same (lack of evidence either way), but you will have your report and a legal response from the DA as to why they do do not pursue charges.
Keep in mind the Sheriff's Department is not obligated to send any report to the DA. If the offense lacks the requisite probable cause, one can argue that they cannot submit it to the DA.

I agree that it should have been written up. But, absent some earth shattering evidence, I suspect this will be a case of he said she said.
 
This NCO yells... What are you doing. I stated didn't you see those tracers coming right for us. He started laughing... If you can see them they are NOT going to hit you.

I find a lot of HOLES in your story...

That NCO was right.
You never see the one(s) that hits you, never!
In all fairness, to the uninitiated, tracers are intimidating. LOL
 
CDW- I agree with much of what you say. My point was that if they were adamant they WERE fired upon it is not the deputy's place to decide they were not. It should be written up and let the DA turn it away for lack of evidence. They can get their report if they make some noise. Sounded like a lazy deputy to me, just with the info given. It would be quite a mess for that deputy and the department if this continued to happen and someone does get injured next time.

245 would have to prove intent.
246.3 would have to prove a degree of negligence.

Both unlikely to be proven with only conflicting statements and no independent witnesses, but that is no reason to not receive a citizen's complaint.
 
Okay. I agree with you, MM.

Personally, I would have written it up for all allegations (including the animal at large one) and let the DA decide what - if any - he would charge.
 
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