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Thread: should i file a police report over a neighbor dispute?

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    Default should i file a police report over a neighbor dispute?

    Hi everyone, I had a bit of a situation last night and am wondering whether it would be helpful to report it to the police.

    It was about 11 pm and I was trying to find parking in my neighborhood, which tends to be pretty rough especially as I have a long car that likes to overhang spots. Finally, I saw a nice long spot that was empty except for a garbage can sitting in the middle of it. I pulled over, double parked, got out and moved the can to the sidewalk, ran back as the light changed and pulled into the space.

    As I pulled in, I noticed that a truck was pulling over and slowing down, approaching me. I was a bit confused. A guy got out, walked over giving me the evil eye, and said "That garbage can was there for a reason."

    "What reason would that be?" I answered.

    "I live here and I need this space to unload my truck. You are parking in my spot and you can't be here. Get out."

    I told him that I would leave, but that he should know that the street in front of his house is not his property and that anyone is free to park there if they wish. At that point, he got more aggro and started yelling at me for daring to touch his trash can and that he owns this space because he pays the taxes. I started yelling and repeating my first argument, saying that I would still leave but he needed to get a grip.

    Then he balled up his fists, started waving them at me, and called me a fucking little cunt and threatening me. I told him he was an ugly bastard and that I would leave, but to step away from my car. He punched my open window a couple of times with his fists and continued to call me a fucking little cunt. Then I yelled at him not to dare hit my car and to back off so that I could leave.

    He was now so close to my car that I didn't want to drive away for fear of running over his feet. He didn't get what I was telling him and continued waving fists and calling me a cunt while standing too close for me to leave. Finally, his wife or girlfriend appeared silently behind him, pulled at his elbow, and he finally moved back. As I drove away, he called me a fucking little cunt again and I reminded him of what an ugly bastard he was.

    Later, I called the police non-emergency line while walking back down there to get his license plate number and was told that I could come to the station and file a report. My question to all you is this: Would filing a report actually do anything? I can't think of anything they could charge him with, and I would think that the police would blow it off as they have more important things to deal with.

    I live in San Francisco, if that helps.

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    Default Re: should i file a police report over a neighbor dispute?

    Absolutely.

    A guy like that must have a history. Having a police report on file now is evidence for your next confrontation. Your going to have another one since he got what he wanted this time.

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    Default Re: should i file a police report over a neighbor dispute?

    What ARMY said... I thought they only did that 'marking your spot' thing in Boston, where they made a law that two days after a snow storm, you could no longer 'claim' a spot as yours. People have been shot over spots here.

    Beware the angry dude will be watching for you if you report him or not, so stay alert.

    I's also think about tossing a dead skunk or similar stink bomb into his truck... ;-)

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    Default Re: should i file a police report over a neighbor dispute?

    Did you feel threatened? Did you feel that he was about to hit you? If yes, then yes... that's an assault.

    Assholes like this get away with it because people do nothing to stop them, so I'm glad you are considering filing a criminal charge.

    Assault under California Penal Code 240 takes place when a person performs an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another.

    His actions may also constitute extortion. Under under California Penal Code 518, "Extortion is the obtaining of property from another, with his consent,... induced by a wrongful use of force or fear,..." In this case, the "property" was the parking space, which you had every right to occupy.

    You could also sue the bastard is small claims court or JP court.

    Good luck!
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    Default Re: should i file a police report over a neighbor dispute?

    Report him. Should you ever have to shoot the SOB, there will be a history of him having threatened you.

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    Default Re: should i file a police report over a neighbor dispute?

    I think you should file a report and have the police explain to him that he can't put a trashcan in the street to hold a parking spot (if it's not legally his). Also, the way he talked to you and waved his fist at you sounds threatening.

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    Default Re: should i file a police report over a neighbor dispute?

    Quote Originally Posted by jack0177057 View Post
    Assault under California Penal Code 240 takes place when a person performs an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another.
    Cool. I researched this, though, and thought about it, and I'm afraid that after the fact it will be hard to prove that he had full intent to assault me. Unfortunately, the whole thing became a blur after he started yelling "cunt" and waving his fists. I think that he did verbally threaten to hit me too, but I can't remember that part of it properly - was too agitated. He could say that he never intended to actually use his fists on me, and who's to contradict him?

    http://www.shouselaw.com/assault.html

    Another one that looked promising was "criminal threats," but it says that the threat must result in a sustained state of fear in the victim. Being that I actually went back down to check out his license plate afterward, I think a sustained state of fear would be hard to prove. Actually, I WAS still afraid, but my actions seem to contradict that. It devolves into he said/she said at this point.

    Quote Originally Posted by ArmySGT. View Post
    Absolutely.

    A guy like that must have a history. Having a police report on file now is evidence for your next confrontation. Your going to have another one since he got what he wanted this time.
    I'm not sure there will be another confrontation. I certainly don't intend to park in front of his house in the future and get my windows smashed in mysteriously in the night, and I don't think I'll really run into him again otherwise. It's a city where no one ever interacts with their neighbors.

    I am concerned, though, that there WILL be another confrontation if I do file a report. Possibly with me, more likely with my car while it's parked somewhere in the neighborhood. If the police just talk to him, he'll be pissed. If they arrest him, he'll be more pissed. If I could actually send him to jail, he would be super pissed after he got out, which would be in a couple of months. I don't plan on living here forever, but I don't want to be rushed into moving. Actually, I'm not so afraid of what he would do to me personally - I'm more afraid that he's going to fuck with my car and then I'll be without wheels. Having thought about this a bit since my first post, I am worried that this will be the outcome.

    Quote Originally Posted by slowpoke View Post
    Report him. Should you ever have to shoot the SOB, there will be a history of him having threatened you.
    Sounds like a plan! Actually, though, I've only fired a gun a couple of times in my life. He, on the other hand, appears to be a likely candidate to own a gun, especially with all that stuff about property and paying taxes. I couldn't figure out which house was his exactly, but one of the two candidates had an American flag in the window. Should he ever pot me, I'm sure he'll claim it was all covered by the Second Amendment.

    Don't get me wrong, I plan to do something about this. But as I see it, it's a choice between filing a police report or going about things in a different way. I can't both go to the police and leave him chocolate cookies on his doorstep, you know? (That's something I would do after I move, just in case he doesn't like chocolate cookies.) So I want to make sure that going to the police will be a net positive for me, or else it'll be the chocolate cookies. Hence the hemming and hawing and mulling it over. I really appreciate all your responses!

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    Default Re: should i file a police report over a neighbor dispute?

    yes. Prolly shoulda called 911 on the spot, actually. As someone above said, people like that get away with it because no one calls them on it. A guy threatens a girl over a parking space? Fuck that shit.

    And if he wasn't IMMEDIATELY gonna use it, he has no right to "claim" it.

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    Default Re: should i file a police report over a neighbor dispute?

    I agree w/Mr H., it would have been better had you called at the time, but as you said it happened fast, guy was an a-hole..
    Quote:

    I'm not sure there will be another confrontation. I certainly don't intend to park in front of his house in the future and get my windows smashed in mysteriously in the night, and I don't think I'll really run into him again otherwise. It's a city where no one ever interacts with their neighbors.

    I am concerned, though, that there WILL be another confrontation if I do file a report. Possibly with me, more likely with my car while it's parked somewhere in the neighborhood. If the police just talk to him, he'll be pissed. If they arrest him, he'll be more pissed. If I could actually send him to jail, he would be super pissed after he got out, which would be in a couple of months. I don't plan on living here forever, but I don't want to be rushed into moving. Actually, I'm not so afraid of what he would do to me personally - I'm more afraid that he's going to fuck with my car and then I'll be without wheels. Having thought about this a bit since my first post, I am worried that this will be the outcome.

    Yep, this^. Sorry that happened to you, what a jerk!


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    Default Re: should i file a police report over a neighbor dispute?

    Quote Originally Posted by Mr Hyde View Post
    yes. Prolly shoulda called 911 on the spot, actually. As someone above said, people like that get away with it because no one calls them on it. A guy threatens a girl over a parking space? Fuck that shit.

    And if he wasn't IMMEDIATELY gonna use it, he has no right to "claim" it.
    This...absolutely. Personally, I would have called 911 immediately. However, filing a Report is now the action to take. That guy sounds like a loose cannon.
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    Default Re: should i file a police report over a neighbor dispute?

    I would wait 2 weeks then smear dog shit on his door handle.
    I can do better than you in a two bit fancy house

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    Default Re: should i file a police report over a neighbor dispute?

    I wouldn't worry about whether or not your actions show fear because since you're going back and forth about filing because of what HE may do does show fear. Just explain that to the police officer taking your report and ask them before you do the report what possible actions will be taken. In all likelihood it'll just be a paper trail. But ask and judge based on what they say before you make a report.

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    Default Re: should i file a police report over a neighbor dispute?

    I have a recipe for a self igniting molotov cocktail.

    I would still make the police report. If your worried about your car (aren't urban neighborhoods wonderful) there are ways to turn a webcam into a security cam that records on movement.

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    Default Re: should i file a police report over a neighbor dispute?

    Sorry I haven't followed up on this, thanks for all the advice! Ok, looks like the advice is overwhelmingly in favor of filing a report. FiendishGyrator - good point about how the hesitation shows that I'm still afraid of his ass! I mean, I am. I don't want my awesome vintage car fucked with, it's my baby. I especially don't want to walk out and discover damage the morning that I need to drive to Sacramento or Palo Alto or Fresno for my day job.

    He deserves to see some consequences, though. Even if filing this time only leads to some paper getting pushed around, it may help the next time he has a run-in with me or someone else. For instance, I would be surprised if he acts like a perfect gentleman to his girlfriend all the time, given the way he obviously feels about women.

    ArmySGT. - Thanks for the advice about the camera. I'll be installing one after I file.

    Yeah, I definitely should have called 911 right then. Didn't even cross my mind. Oh, well.

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