- Jurisdiction
- Kansas
This is a municipal small town charge.
Son't bike was stolen from our home. Called cops and made a verbal report. 2 days later my son told me that he was informed by a student while walking home that he knew who stole the bike. My son and I went to make contact with the informant to see if he was full of it or not. His responses seemed credible but did not know the suspect's last name or where he lived, but had an idea of the area where he lived.
I decided we would drive through the area with my son to just see if we can spot the bicycle. We actually spotted the bike. It was laying in the front grassy area at an apartment complex. No one was outside or around the bike. I asked my son to step out so we can confirm it was his before we call the cops.
As we examined the bike, a teen stepped outside. I asked his name and confirmed the name matched the informant info. I asked if the bike was his and he said yes. I informed him that the bike was stolen, is ours, and we need to call the cops to resolve the matter. He then stepped in to take the bike to attempt to flea on it. I stood firm with the bike and my phone and told him the cops need to resolve this matter.
Then the teen's belligerent mother came out screaming at me, saying she would beat my ass, you don't threaten my son, etc. I tried to explain but it was of little use. I had control of the bike but she made attempts to take it from me, then got very close to me threatening me. I have collected the 911 audio files which confirm I was on the phone with the cops while she was screaming at me. I had strong belief she was going to hit me and the teen even indicated "she will hit you".
I decided to put the bike in back of my truck which was 10ft away. Her and the teen followed and she continued to grab at the bike in my vehicle. I continued my attempt to explain the bike was stolen and I was calling the cops.
Then the teen threatened me by saying "mom, I'm gunna stab this mfr!" He then pulled up his shirt and reached for a knife in his waste band. His mother was standing right there and did nothing. I was shocked. I then uncovered my concealed firearm and told him "son, do NOT do that". He backed off, then authorities arrived. There was no firearms charge or wrong doing. I was within my rights there.
The woman claimed she suffered a scratch to her leg during the altercation and I was arrested for battery BUT it was confirmed on scene that the teen lied and stole the bike. There is a photo of a scratch but cannot be confirmed when it actually occurred.
I have confirmed with the apartment complex that the area where the bike was is considered "commons area" not tenant private property.
I intend to litigate as pro-se and my defenses are statute 21-5225, which indicates an owner in lawful possession of their property other than a dwelling has a right to use reasonable force to prevent unlawful interference with the property. I would also like to present the fact that she had already assaulted me with verbal threats and we due to the fact that she freely engaged me, we cannot determine if the injury was caused by me or her own doing.
The woman claims "someone" called her posing as the owner of the bike and said it was OK for her son to have the bike. I intend to subpoena phone records to this fact. I suspect even if someone did call her, a normal person would suspect the bike was stolen.
The bike had been altered and partially defaced in at attempt to change the appearance of the bike. The bike was returned to our possession but the city has not yet file charges against the teen which irritates me.
My first appearance is today and I intend to request a continuance while I gather the case files for review. I am somewhat hopeful the DA will drop the charge but unlikely. As well, the city judge WILL find in favor of the city at trial and I would have to appeal with district court to get a fair trial.
I would like to know if my defenses hold water and if I may present multiple defenses at trial?
Son't bike was stolen from our home. Called cops and made a verbal report. 2 days later my son told me that he was informed by a student while walking home that he knew who stole the bike. My son and I went to make contact with the informant to see if he was full of it or not. His responses seemed credible but did not know the suspect's last name or where he lived, but had an idea of the area where he lived.
I decided we would drive through the area with my son to just see if we can spot the bicycle. We actually spotted the bike. It was laying in the front grassy area at an apartment complex. No one was outside or around the bike. I asked my son to step out so we can confirm it was his before we call the cops.
As we examined the bike, a teen stepped outside. I asked his name and confirmed the name matched the informant info. I asked if the bike was his and he said yes. I informed him that the bike was stolen, is ours, and we need to call the cops to resolve the matter. He then stepped in to take the bike to attempt to flea on it. I stood firm with the bike and my phone and told him the cops need to resolve this matter.
Then the teen's belligerent mother came out screaming at me, saying she would beat my ass, you don't threaten my son, etc. I tried to explain but it was of little use. I had control of the bike but she made attempts to take it from me, then got very close to me threatening me. I have collected the 911 audio files which confirm I was on the phone with the cops while she was screaming at me. I had strong belief she was going to hit me and the teen even indicated "she will hit you".
I decided to put the bike in back of my truck which was 10ft away. Her and the teen followed and she continued to grab at the bike in my vehicle. I continued my attempt to explain the bike was stolen and I was calling the cops.
Then the teen threatened me by saying "mom, I'm gunna stab this mfr!" He then pulled up his shirt and reached for a knife in his waste band. His mother was standing right there and did nothing. I was shocked. I then uncovered my concealed firearm and told him "son, do NOT do that". He backed off, then authorities arrived. There was no firearms charge or wrong doing. I was within my rights there.
The woman claimed she suffered a scratch to her leg during the altercation and I was arrested for battery BUT it was confirmed on scene that the teen lied and stole the bike. There is a photo of a scratch but cannot be confirmed when it actually occurred.
I have confirmed with the apartment complex that the area where the bike was is considered "commons area" not tenant private property.
I intend to litigate as pro-se and my defenses are statute 21-5225, which indicates an owner in lawful possession of their property other than a dwelling has a right to use reasonable force to prevent unlawful interference with the property. I would also like to present the fact that she had already assaulted me with verbal threats and we due to the fact that she freely engaged me, we cannot determine if the injury was caused by me or her own doing.
The woman claims "someone" called her posing as the owner of the bike and said it was OK for her son to have the bike. I intend to subpoena phone records to this fact. I suspect even if someone did call her, a normal person would suspect the bike was stolen.
The bike had been altered and partially defaced in at attempt to change the appearance of the bike. The bike was returned to our possession but the city has not yet file charges against the teen which irritates me.
My first appearance is today and I intend to request a continuance while I gather the case files for review. I am somewhat hopeful the DA will drop the charge but unlikely. As well, the city judge WILL find in favor of the city at trial and I would have to appeal with district court to get a fair trial.
I would like to know if my defenses hold water and if I may present multiple defenses at trial?
Last edited: