On May 8th, a dispute with the neighbor over parking turned bad. He came to my home (when my husband was gone) and made a threat to kill my husband. When my husband returned home and found out that the neighbor had been there making threats, he called the police. The police came out and calmed the situation, but to our knowledge did nothing about the threat at that time, like taking a report.
Later that evening, we reviewed a video tape from our surveillance system, which we purchased due to the ongoing situation with the neighbor. It turned out we had audio and video of this neighbor making the threat. The police were called out 3 days later to make a formal report on the threat and receive the tape as evidence. This tape was sent on to the DA for prosecution of a 422, making terrorist threats.
Later I found out that the neighbor was (also?)charged with a 415, disturbing the peace, which I am assuming stems from the first night he made the threats.
I would like to know if the 415 and the 422 (penal code) are two different charges? If so, do they charge the neighbor with the 415 first and then the 422? Is the PD covering their behinds by submitting a 415 versus just a 422 to the DA?
One final question, can this be a slam dunk case for the DA if there is audio and video on the threat he made?
Later that evening, we reviewed a video tape from our surveillance system, which we purchased due to the ongoing situation with the neighbor. It turned out we had audio and video of this neighbor making the threat. The police were called out 3 days later to make a formal report on the threat and receive the tape as evidence. This tape was sent on to the DA for prosecution of a 422, making terrorist threats.
Later I found out that the neighbor was (also?)charged with a 415, disturbing the peace, which I am assuming stems from the first night he made the threats.
I would like to know if the 415 and the 422 (penal code) are two different charges? If so, do they charge the neighbor with the 415 first and then the 422? Is the PD covering their behinds by submitting a 415 versus just a 422 to the DA?
One final question, can this be a slam dunk case for the DA if there is audio and video on the threat he made?