Neighbor doesn't like smoking - throws eggs at me

[djc]

I don't want to cross post, however I'd like some LEO input on this thread:

http://www.svtperformance.com/forums/showthread.php?p=2387058#post2387058

 

[Lawman85]

I hate smokers too... absolutely disgusting habit. My uniform always smells like them when I get home.

Sorry.. rant... I'm not real sure about Cali law on that. We would charge him with criminal trespass for tossing the eggs. I'm sure mswaim has more info on that.

 

[mswaim]

Based on the scenario you describe, penal code section 240 would not apply, since it would be too difficult to prove his intent was to cause a "violent injury". The law is specific in that he must have the present ability coupled with intent. Now if he were throwing large rocks, you might have a case but it would be difficult to argue a case for a violent injury from a hand-tossed egg.

With that said, I would pursue a case under penal code section 594(a), basic vandalism. if the damage required repainting, stripping, etc. all costs involved go towards defining the level of severity, ie, felony vs misdemeanor and level of fine, restitution, etc.

I would insist that local authorities at least document the incident with a report, and they either accept your photos as evidence or demand (politely) that they take their own photos.

I would set up your camera to record further incidents and move forward with a three-prong attack, criminally, civilly as well as through your complex's management company, etc.

Good luck. :beer:

 

[djc]

mswaim,

Thanks for your informative reply. I stopped into the Northern Division station earlier today to discuss the situation with an officer. The officer was nice, but not interested. He would not create a report on the incident even after I requested such action. He said it is a nuisance, not vandalism and I should write the neighbor a letter stating I spoke to the officer and to ask him to stop. If he doesn't stop, come back to the officer and he'll open a "criminal intent investigation."

I have also spoken with the property management and they're attempting to locate the owner of the building.

Thanks again for your reply.

 

[mswaim]

Keep pushing the vandalism issue since dried eggs can cause damage that will need to be repaired. All costs related to the damage are recoverable, so be a pest if you have to. I would think the property manager would want to identify the culprit also, since they will be the ones responsible for the cleanup costs.

Try requesting a CSO (Community Resource Officer) to take the report, perhaps the officers are busy but the CSO's are there to do just what you need - document a minor problem and help keep it from becoming a bigger one.

 

[djc]

Ok, will do. How do I get a CSO out for a report if I can't even get an administrative officer to write one up at the station? Is there some type of trick?

Perhaps I should have the property manager meet me over here and have them call a CSO out for a report.