Victim of a Hate Crime From Roommates and Their Guest

[MinTurn1]

Jurisdiction

California

I am a victim of a hate crime and Elder abuse from two of my roommates and their guests. They have verbally abused me by calling me a Black Bitch, a Nigger, an African American after I repeatedly told them to get it right I am an Israelite. They laughed in my face and started to harass me by calling me Ugly and an Old Bitch, then their guest(one of the roommates' boyfriend) threaten me by telling me to get back in my or he will kick my fucking ass and if I want to act like a man he will beat my ass like a man. When I reported this to the police, they told me that they could not do anything about it I need to speak to the owner of the building, but in the lease it states that problems between the roommates is not their problem. I need to know if I can take out an order of protection and restraining order on these individuals also because I know fear for my life living with them until my lease is up in July of this year. They have harrassed me by dismantling the microwave, the washing machine, leaving the kitchen, sink and stove a mess so that I can not cook unless I clean up their mess. I can't wash my clothes for work unless I carry them down two flights of stairs and a half of block away to my car, they have tampered with my food that I had in the refrigerator to the point that I will no longer put anything in it which has caused me no choice but to eat at resturants and at times because of of the expense, I have to skip one or two meals a day which has caused me to loose weight and not feel healthy, they have put trash in front of my door sprayed some type of chemical under my door that caused me to cough so now I have to stuff a towel under the opening of the door when I am in the room. I often have to turn off the lights in the common area because we share in paying the electric bill, I have locked the outside door that one of the roommates keeps leaving open for her boyfriend to enter at night and I have turned of the oven that is often left burning, when I try to talk to them about these things they would laugh at me and start calling me an Old Bitch and other derogatory names. I am a Navy Veteran and an former Correction Officer train to not only fight but to kill, so I ask under Penal Code section 197 and section 198.5 in the state of California, will I be acquitted if one them enters my room to harm me if my door is open OR if it is closed and one of them kicks it open OR enters to do me bodily harm?

 

[army judge]

I ask under Penal Code section 197 and section 198.5 in the state of California, will I be acquitted if one them enters my room to harm me if my door is open OR if it is closed and one of them kicks it open OR enters to do me bodily harm?

No one can guarantee you the outcome of any trial where you are a criminal defendant.

I suggest you contact the police, or whatever authority controls the place you reside, if you have any disputes.

It is never a wise decision to take any self-help remedy.

If things are that difficult where you reside, the WISE thing to do is move, but obey your lease.

One last comment.

I have lived on this planet many years by observing two rules:
1) EVERYTHING is deadly.
2) Keep to myself, minimize contact with unknown human beings.

 

[mightymoose]

What you describe is not a hate crime.
The only thing you mention that might give you something to work with is the threats. The threats aren't likely enough for police to do much, but they could be enough to get you a restraining order. A restraining order, if granted, would require the restrained party to leave the residence. You would have to convince a judge that the order is necessary and the threats are real and your fear reasonable.
As for self-defense, that is a dangerous road to travel. Yes, the law allows you to use deadly force to protect yourself or others from an imminent threat of great bodily injury or death, but trusting 12 people you don't know to conclude that your reasoning and actions are justified is just not a safe bet to make. Before you could be acquitted you would first have to be arrested, charged with homicide, and stand trial, which could be months or years in prison before resolved. Why go through that? Best to avoid contact at all costs and not let it come to that.