Nosferatu
New member
imported post
So I tend to read more then I post but I do know this to be a place of a lot of knowledge and a couple more minds would be welcome. It is a little long mainly on the off chance one of the details proves useful in resolving this.
So here is my odd ongoing experience with OC/CPL and SPD. On September 23rd I just got home from the range (Sadly no ammo) with my RIA 1911 in a Springfield paddle holster and started the grill on my porch sat on the top of the steps in front of my APT waiting for it to heat up. I finished my cigarette noticed my neighbor was outside where the path splits to our respective doors. A minute later I stood up started to turn to grab my drink and lighter. I then got a good push as a felt a tug on my weapon. Sadly this was the only moment that my weapon was open. I managed to not go down the stairs but not remove him from my weapon. Then as I turn around I see him holding a ball headed shepherds staff and my weapon. He says “This is mine now you need to leave." My reply of course is that he will return my weapon to me. He then swings at my head with the staff which I managed to duck. I use my S.O.G knife because it’s all I have as a distraction to close the distance, disarm him from my weapon and lock him up due to the staff’s length. Taking a good couple blows to my defending right arm and back. I then sent him about 10-15 feet to the right using the force to go left roll and recover my weapon. He then starts to come back with the staff getting ready for an over head swing. At which point I raise, level, aim, take the safety off the weapon. I then firmly told him that if he came at me again that I would shoot being that the glancing blows I got did some good damage I figure the head of the staff was easily heavy enough to crack a skull wide open. At this point he chose to back down and release his staff. I then return my weapon to its holster and proceed to call the police.
At this point I see my neighbor stepson on the phone with 911 as well. I was instructed to come out to the drive way with my weapon in its holster. I go outside as directed my neighbor refuses. I get out there and have a shotgun an AR-15 and 6 pistols trained on me. (Was shocked at 4 doubled cars showing up) They tell me to lie down on the ground which at this point is no easy task adrenaline is fading pain and ache is seeping in. I end up on the ground ("helped" by two officers) they remove my weapon and my knife as expected then I have a SGT who decides to put the barrel of the shotgun in my back and lean on it till I cry mercy took him a couple shouts to notice. I end up being helped up shortly by a rookie who forgot to release the wrist lock until I mentioned it. The other officers ask to take a peek in my apt to clear the area in terms of people as they are also heading to grab my neighbor who was still refusing to come out. The rookie then tried to tell me that open carry is illegal. I explain that it isn’t and that I also have a CPL he tries taking the line that if it causes alarm its illegal. Just as I was about to finish explaining that that was not exactly true his SGT shows up and says to the rookie "You might want to stop he is right" I wanted to laugh. They take my information run my id, CPL, and firearm registration. This of course is all in order. My neighbor is then arrested. This is where things start to get a little odd. I end up having pictures taken of all the bruises to my back and arm etc. Each officer then takes a turn talking to me about why I have a pistol and cpl all but one making positive comments about exercising my rights. The fire dept shows up puts my right wrist into a vacuum cast and lets my wife drive me to the ER after they are done. The lead officer then comes and asks if they can hold my weapon citing that it’s to check damage, photo’s etc takes cost and all that info also said it was standard to at least take it for a day if there is a domestic disturbance. He then states that it will not be held for more then a week. I get my case number (which was wrong) and the officer helps me get back to my APT.
So a week goes by and I go to the prescient to get my items and correct info. There I do get the right case number but find out that my weapon and knife have been checked in as evidence and the only one who can release it is the lead officer. Who ends up then going out sick for a week then is just missing for the second week. Ifind out that the case has been sent to robbery from other officers. I get a hold of robbery and they say they have it and will assign a detective the following Monday which sounds good but I was supposed to be called the Monday after the incident and no one did. Two weeks passes I call again this time the same SGT who was so helpful goes into a rant about how the items are being held for longer being that he doesn’t like the fact that my weapon left my person. (Which neither do I for the record can not stand that someone got the drop on me but that I get to learn from) He also then goes on about having a firearm at my age (21) and that I was OC'ing. Finishing with asking if I have had any training which is yes but I don’t see how that’s a legal stance for holding my items. Neither is my age or his feeling.
At this point I decide to climb the ladder and get a hold of his Lt who does assign a detective who calls 20 min after I finish with the Lt. He also can not explain the situation on how my weapon was taken and classified. I have looked through their books and cant find anything close to how this happened. He finished saying that the case has had issues because "spider" crashed on their new systems. I talk with the detective and give my statement. This also includes what I found out a few days before which is my neighbor has not had his own power of attorney for the last 20 years due to mental illness. I ended with that due to my neighbor’s illness and the fact that he is being evicted back to the care of a family member that I have no wish to pursue the charges and would much prefer to get on and past this.
Then everything goes quiet for a while I lookup that my neighbor went to court and no charges were filed because no paper work had been sent to the prosecutors dept. He also takes the time to disappear leaving all his stuff and a beat to hell truck. So as of now the PD says that everything is out of their hands they can not do anything until the prosecutor’s office is done. I got a hold of the lead officer on scene who cant release my items with out paperwork from the prosecutors office. The prosecutor’s office says they have the case somewhere but can never can give any information or even give me a person/department where it is. Lastly like always no one ever calls back ever. I really would just like my 1911 and knife back and I am now completely out of ideas on steps to take short of a lawyer that I can not really afford. Any ideas are most welcome.
So I tend to read more then I post but I do know this to be a place of a lot of knowledge and a couple more minds would be welcome. It is a little long mainly on the off chance one of the details proves useful in resolving this.
So here is my odd ongoing experience with OC/CPL and SPD. On September 23rd I just got home from the range (Sadly no ammo) with my RIA 1911 in a Springfield paddle holster and started the grill on my porch sat on the top of the steps in front of my APT waiting for it to heat up. I finished my cigarette noticed my neighbor was outside where the path splits to our respective doors. A minute later I stood up started to turn to grab my drink and lighter. I then got a good push as a felt a tug on my weapon. Sadly this was the only moment that my weapon was open. I managed to not go down the stairs but not remove him from my weapon. Then as I turn around I see him holding a ball headed shepherds staff and my weapon. He says “This is mine now you need to leave." My reply of course is that he will return my weapon to me. He then swings at my head with the staff which I managed to duck. I use my S.O.G knife because it’s all I have as a distraction to close the distance, disarm him from my weapon and lock him up due to the staff’s length. Taking a good couple blows to my defending right arm and back. I then sent him about 10-15 feet to the right using the force to go left roll and recover my weapon. He then starts to come back with the staff getting ready for an over head swing. At which point I raise, level, aim, take the safety off the weapon. I then firmly told him that if he came at me again that I would shoot being that the glancing blows I got did some good damage I figure the head of the staff was easily heavy enough to crack a skull wide open. At this point he chose to back down and release his staff. I then return my weapon to its holster and proceed to call the police.
At this point I see my neighbor stepson on the phone with 911 as well. I was instructed to come out to the drive way with my weapon in its holster. I go outside as directed my neighbor refuses. I get out there and have a shotgun an AR-15 and 6 pistols trained on me. (Was shocked at 4 doubled cars showing up) They tell me to lie down on the ground which at this point is no easy task adrenaline is fading pain and ache is seeping in. I end up on the ground ("helped" by two officers) they remove my weapon and my knife as expected then I have a SGT who decides to put the barrel of the shotgun in my back and lean on it till I cry mercy took him a couple shouts to notice. I end up being helped up shortly by a rookie who forgot to release the wrist lock until I mentioned it. The other officers ask to take a peek in my apt to clear the area in terms of people as they are also heading to grab my neighbor who was still refusing to come out. The rookie then tried to tell me that open carry is illegal. I explain that it isn’t and that I also have a CPL he tries taking the line that if it causes alarm its illegal. Just as I was about to finish explaining that that was not exactly true his SGT shows up and says to the rookie "You might want to stop he is right" I wanted to laugh. They take my information run my id, CPL, and firearm registration. This of course is all in order. My neighbor is then arrested. This is where things start to get a little odd. I end up having pictures taken of all the bruises to my back and arm etc. Each officer then takes a turn talking to me about why I have a pistol and cpl all but one making positive comments about exercising my rights. The fire dept shows up puts my right wrist into a vacuum cast and lets my wife drive me to the ER after they are done. The lead officer then comes and asks if they can hold my weapon citing that it’s to check damage, photo’s etc takes cost and all that info also said it was standard to at least take it for a day if there is a domestic disturbance. He then states that it will not be held for more then a week. I get my case number (which was wrong) and the officer helps me get back to my APT.
So a week goes by and I go to the prescient to get my items and correct info. There I do get the right case number but find out that my weapon and knife have been checked in as evidence and the only one who can release it is the lead officer. Who ends up then going out sick for a week then is just missing for the second week. Ifind out that the case has been sent to robbery from other officers. I get a hold of robbery and they say they have it and will assign a detective the following Monday which sounds good but I was supposed to be called the Monday after the incident and no one did. Two weeks passes I call again this time the same SGT who was so helpful goes into a rant about how the items are being held for longer being that he doesn’t like the fact that my weapon left my person. (Which neither do I for the record can not stand that someone got the drop on me but that I get to learn from) He also then goes on about having a firearm at my age (21) and that I was OC'ing. Finishing with asking if I have had any training which is yes but I don’t see how that’s a legal stance for holding my items. Neither is my age or his feeling.
At this point I decide to climb the ladder and get a hold of his Lt who does assign a detective who calls 20 min after I finish with the Lt. He also can not explain the situation on how my weapon was taken and classified. I have looked through their books and cant find anything close to how this happened. He finished saying that the case has had issues because "spider" crashed on their new systems. I talk with the detective and give my statement. This also includes what I found out a few days before which is my neighbor has not had his own power of attorney for the last 20 years due to mental illness. I ended with that due to my neighbor’s illness and the fact that he is being evicted back to the care of a family member that I have no wish to pursue the charges and would much prefer to get on and past this.
Then everything goes quiet for a while I lookup that my neighbor went to court and no charges were filed because no paper work had been sent to the prosecutors dept. He also takes the time to disappear leaving all his stuff and a beat to hell truck. So as of now the PD says that everything is out of their hands they can not do anything until the prosecutor’s office is done. I got a hold of the lead officer on scene who cant release my items with out paperwork from the prosecutors office. The prosecutor’s office says they have the case somewhere but can never can give any information or even give me a person/department where it is. Lastly like always no one ever calls back ever. I really would just like my 1911 and knife back and I am now completely out of ideas on steps to take short of a lawyer that I can not really afford. Any ideas are most welcome.
