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You're Busted!

M-Taliesin

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Apr 22, 2011
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Aurora, Colorado
It never pleases anyone to find kids, adults, or Zombies wondering around on their property.

I have a neighbor who has a couple of big catfish ponds. Some neighborhood punks decided they would sneek in there and fish in his pond without asking.

Howdy Pard!
I gotta believe you live in a rural area of west Texas. These kids we're talking about here, given the option to do chores in exchange for fishing, would have likely told ya to perform an impossible abuse upon yourself. They don't cater to respecting adults and will tell you straight up what to do with yourself. They ain't been brought up respectful or mannerly. Don't get me wrong, there are plenty of really great kids in this park. Then there are the others that think of themselves as "Gangsta" and wear their britches way off the haunch! Offer them a trade, and they only accept so they can see what valuables you have that they might purloin later. Offer them a ride somewhere, and find your automotive electronics ripped off one fine morning when you get up! They move around the park in packs, and the decent kids avoid them. In fact, one of those decent kids was with me when I confronted those that trespassed into the pool area.

I grew up in a rural area myself, and city living is entirely different from what I came up with. We didn't have car jackings in our little town or any in the vicinity. You didn't hear about flash mobs attacking businesses or citizens with near impunity. You never saw graffitti. Never had to worry about your car being left out all night or having every piece of glass busted out with a ball bat. The gangs kids get into today are totally unlike the "Toni Street Gang" of my youth. We were much more like "Our Gang" from the comedy series that has obviously dated me for mentioning, than a gang of thugs in the making. And our parents cared enough to keep tabs on us. We could be out after dark but our folks were not ignorant of our whereabouts or what we were getting up to!

Since many of these kids around these parts carry knives and sometimes even guns, I'd rather throw them out on my own, as I did in this case, and berate them for their behavior. But push comes to shove, I'd rather have Aurora PD escort them to their homes than me. I don't have any authority to transport them anywhere. I can detain them until PD arrives, and let them discuss with the parents the need for a little guidance for their offspring, believing that it wouldn't do much good anyhow. But that's a confrontation the officer gets paid to have, not me.

Since I started open carrying in the spring, we haven't had the sort of trouble in my part of the park we've had inflicted upon us in previous years. No spray paint attacks, no gang markings indelibly stensiled onto the siding of our homes, no busted out windows in our cars. I never indicated in any way that I might be a cop, but so long as they jumped to that conclusion and trouble stays away from my home and my block, that's okay with me.

So what is it with Texans showing up on this thread anyhow? Two now in 24 hours.
Not trying to be combative, just curious considering this is the open carry forum and you guys don't have that freedom in Texas.
And I intend to offer no disrespect when I point out, so far as open carry is concerned, the phrase "Don't mess with Texas" seems ironic considering Texas has messed itself up with regard to that particular right.

What's up with that, eh?

Blessings,
M-Taliesin
 

mahkagari

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Since I started open carrying in the spring, we haven't had the sort of trouble in my part of the park we've had inflicted upon us in previous years. No spray paint attacks, no gang markings indelibly stensiled onto the siding of our homes, no busted out windows in our cars.

And that, friend, I would consider a prime example of "a little leadership and walking straight to prevent all of the rest". I really find it incongruous that the TX visitor to our state board would advocate setting a good example on one side but admonish you for watching out for your neighbors on the other. IME in city or rural living, it's when we stop watching out for eachother that problems start. I don't mean walking into someone else's home to discipline their kids, but making it known what kind of behaviour won't be tolerated in public goes a long way.

I know all the neighbors on my block and most of those behind me. I also know the majority of them are armed. Now if we could just advertise that to would-be thugs to pick another block.
 
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MR Redenck

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Nov 1, 2010
Messages
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West Texas
M-T your talking about kids, trespassing, and the punishment of it all. Yes I take account to the subject. Eventhough im in "rural" west Texas that doesnt mean all the kids are led right. Like many other place we have a terrible problem with Meth heads, theivs, and a big problem with Cartel trash. I simply make all the effort I can to help a kid when I can. With that said, I have sent a few 17 year old to prison as well. If you cant help, then deal with em as necessary. I have no idea what goes on in your part of the world but it cant be much different than around here. Kids that want to be "gangster" are a big problem. I cant say anthing about the way you handle your issues and im not going to. I just like to remind people that trying to help a kid has its reward.
As for your Texas open carry comment, Man Im laughing my ass off right now. You have no idea who I am and What I have done. Nor do you have a clue what I am planning to do.
As for the term " Dont Mess With Texas", it was just waiting for me to define it. George Straight had his fun with it, now were taking it to another level.
Next time you deal with some misguided kids you might want to talk to them like they are kids. I have found that most misguided kids got that way due to poor leadership and POS parents. Explaining what they are doing wrong in a helpful way will do you and those kids more justice in the long run.
If you expect kids to grow up and be good adults, I prefer walking straight and showing them how to get there.
 
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since9

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Jan 14, 2010
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Colorado Springs, Colorado, USA
"How can you not know where you live? Are you mentally impaired?"

Priceless!

They left the area and I wanted to kick myself for not holding them there until calling Aurora PD...

A good scare is often sufficient. Who knows what the Aurora PD would have done? They might have wound up in juvi, or spending 100 hours of community service. That's no fun, but the punishment doesn't fit the crime.

As for whether or not it's trespassing, it most certainly is tresspassing. Being there outside of posted times is itself sufficient to constitute trespassing. Jumping a fence with a locked gate elevates it from third degree criminal trespassing to second degree criminal trespassing:

18-4-503. Second degree criminal trespass.

(1) A person commits the crime of second degree criminal trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced;

(2) Second degree criminal trespass is a class 3 misdemeanor

hahaha, sounds like you handled that pretty well, all without impersonating an officer. The "I'll detain you FOR arrest" was a nice touch. You basically told them you couldn't arrest them, but I'm sure they were too freaked out to realize that.

Actually, he most certainly could have arrested them:

C.R.S. 16-3-201. Arrest by a private person: "A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest."

A private citizen may arrest for any crime committed in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Officer outside of jurisdiction arrests with authority of private citizen. A peace officer acting outside the territorial limits of his jurisdiction does not have any less authority to arrest than does a person who is a private citizen. People v. Wolf, 635 P.2d 213 (Colo. 1981).

When "in presence" requirement met. The "in presence" requirement of this section is met if the arrestor observes acts which are in themselves sufficiently indicative of a crime in the course of commission. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

F.B.I. agent had authority as private citizen to arrest one escaping from police station in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Hospital security guards, like any other citizens, have the power to make a citizen's arrest. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

An arrest must be first authorized under this section before a private person can use physical force to effect the arrest. People v. Joyce, 68 P.3d 521 (Colo. App. 2002).

Applied in People v. Lott, 197 Colo. 78, 589 P.2d 945 (1979).

The only requirements are:
A. Is a crime being committed? Trespassing is a crime.
B. Is the arresting citizen an eyewitness to the crime? M was an eyewitness to the crime.

On the other hand, you're far less likely to be successfully sued if one simply detains the individuals until law enforcement arrives.
 
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RetiredOC

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Dec 21, 2009
Messages
1,561
The age group really makes a difference on how you handle the situation.

If it was just a couple kids in their early teens that stopped and listened to you I would have explained the whole accident situation and how they couldn't be helped with a locked gate.

If it was a couple smart mouths that wanted to give you crap then I'd call management and maybe the police about trespassing.

Some kids think they have a good idea and mean no harm and it just takes someone to explain it to them to see what they did wrong.



When I was a freshman in high school my buddies and I played airsoft. There was a field by my house with some OLD abandoned chicken coops. So it seemed. We busted in through the rotting doors and set up forts in there for air soft. One day while we were out there we were stopped by some people hiding out waiting for us. The first thing they said was WE GOT THE GUYS DOING THE BREAK INS! My buddy and I didn't really think about it as breaking in and trespassing. We were just kids having fun. The owner ended up not calling the police and I gave him my name and dad's phone number. We shared a hand shake after he grilled my friend and I and my dad talked to me when I got home. That was it. No need to get the cops involved for kids who aren't being malicious. They just need their heads set straight sometimes. They're kids!
 

M-Taliesin

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Aurora, Colorado
but holding for the police could be another story, i.e., false arrest. And if armed while doing it, could open up some problems he doesn't need.

Howdy Gunslinger!
That brings up an intersting question. When would you detain somebody?
Let's draw on a different scenario.

Somebody comes at you with a knife. You feel your life is in imminent danger; so much so that you draw your handgun and command the bad guy to drop his knife. To your surprise, he actually does. Now what? Do you detain him for the cops to arrive and take over, or just let him go merrily on his way (without the knife) to assault somebody else? And if he does assault somebody else, are you not somewhat culpable for failing to act when he assaulted you? And if you could have detained him but didn't when it happened to you, and he assaulted somebody else (perhaps fatally) is there at least a moral or ethical impact whether or not there is a legal one?

Too often I've heard of people who witnessed a crime and failed to get involved. Because of that attitude, we have a culture where crime feels a sense of security. We've all heard of somebody being beaten to death while a crowd of onlookers did nothing to stop the brutality. They didn't want to get involved. They wouldn't admit to seeing anything when questioned by police. Witnesses who could testify won't because it is inconvenient. They'd have to testify in court. The bad guy might get out on bail and come after them. Or their kids. They are fearful and want no involvement because they don't want to miss work to be in court. This isn't at all unusual. Criminals rely on witness reluctance to get involved or their fear of reprisal. And when citizens stand by and watch, but are unwilling to act, does this not lend aid and comfort to the criminal?

Now into that scenario put a legally armed citizen who steps forward to stop the assault. What does he do with the criminal? Does he simply stop the attack and let the bad guy go? Or does he hold them for the cops to take into custody.

It doesn't matter whether a violation of law is a beating in the street or violating private property rights by trespass. Both activities are prohibited by Colorado Revised Statute. So in either case, detainment when a violation of the law is witnessed is legal and appropriate when asking the police to take over.

That's my opinion.

Thanks for joining in with your comment, because it expanded the discussion to when it is appropriate for a citizen to detain and hold. How often do we, as armed citizens, think about that particular question.

Blessings,
M-Taliesin
 
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M-Taliesin

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As for your Texas open carry comment, Man Im laughing my ass off right now. You have no idea who I am and What I have done. Nor do you have a clue what I am planning to do.
<Snip>
Next time you deal with some misguided kids you might want to talk to them like they are kids. I have found that most misguided kids got that way due to poor leadership and POS parents. Explaining what they are doing wrong in a helpful way will do you and those kids more justice in the long run.
<Snip>
If you expect kids to grow up and be good adults, I prefer walking straight and showing them how to get there.

Howdy Mr. Redneck!
You are right that I don't know anything about you or what you have done or will do. That is perfectly correct.
But I do know that open carry is not lawful in Texas. So my comment is dead on the money!
No open carry in Texas, period. Do it and you're subject to arrest. Them's the berries.
It doesn't matter who you are, what you've done, or what you will do.
The fact is self evident. Texas does not have open carry.
Or am I wrong?

As for poor leadership or POS parents, most of them around these parts throw parties and drink all night.
I'm sure they are sterling examples for their young'uns.
Or maybe tow them around the park in behind a black Escalade while they hang onto the back bumper on their skateboards.
Just kids having fun. Kids who could shortly end up dead doing that. Should I intervene?
Probably explains why many of them congregate near the clubhouse at night and smoke dope.
The park has many folks walking straight and showing them how to live, but they ain't interested in that.
Only what they can get away with.

Meanwhile, you have no idea of who I am, what I've done or will do either.
But I open carry in Colorado with confidence because my rights are respected here.
That you cannot do that in Texas is the point I was making. Not a slight at you, but the reality of the situation.

Blessings,
M-Taliesin
 
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Gunslinger

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Howdy Gunslinger!
That brings up an intersting question. When would you detain somebody?
Let's draw on a different scenario.

Somebody comes at you with a knife. You feel your life is in imminent danger; so much so that you draw your handgun and command the bad guy to drop his knife. To your surprise, he actually does. Now what? Do you detain him for the cops to arrive and take over, or just let him go merrily on his way (without the knife) to assault somebody else? And if he does assault somebody else, are you not somewhat culpable for failing to act when he assaulted you? And if you could have detained him but didn't when it happened to you, and he assaulted somebody else (perhaps fatally) is there at least a moral or ethical impact whether or not there is a legal one?

Too often I've heard of people who witnessed a crime and failed to get involved. Because of that attitude, we have a culture where crime feels a sense of security. We've all heard of somebody being beaten to death while a crowd of onlookers did nothing to stop the brutality. They didn't want to get involved. They wouldn't admit to seeing anything when questioned by police. Witnesses who could testify won't because it is inconvenient. They'd have to testify in court. The bad guy might get out on bail and come after them. Or their kids. They are fearful and want no involvement because they don't want to miss work to be in court. This isn't at all unusual. Criminals rely on witness reluctance to get involved or their fear of reprisal. And when citizens stand by and watch, but are unwilling to act, does this not lend aid and comfort to the criminal?

Now into that scenario put a legally armed citizen who steps forward to stop the assault. What does he do with the criminal? Does he simply stop the attack and let the bad guy go? Or does he hold them for the cops to take into custody.

It doesn't matter whether a violation of law is a beating in the street or violating private property rights by trespass. Both activities are prohibited by Colorado Revised Statute. So in either case, detainment when a violation of the law is witnessed is legal and appropriate when asking the police to take over.

That's my opinion.

Thanks for joining in with your comment, because it expanded the discussion to when it is appropriate for a citizen to detain and hold. How often do we, as armed citizens, think about that particular question.

Blessings,
M-Taliesin

Attempted aggravated assault is a felony. I would detain anyone who attempted that, or any other felony and file charges. In the case of kids jumping a fence to go swimming, I'd do what you did and not call the cops, either. Citizens' arrests for violations, not felonies or high misdemeanors are problematic--especially if they're juveniles.
 

DCR

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You did it smart IMHO

Good on ya, M-Taliesin - your authoritative presence let them know what the residents, as well as the property owners, expect from them in terms of boundaries on behavior and pool use.

It was also good not to try to detain them. It's never a good idea. Although many like to point to "citizen arrest" statutes, citizens don't have the same protections that law enforcement officers have - like near-absolute immunity from prosecution for a wrongful detention (a diet version of kidnaping). Yes, law enforcement may be held liable for civil rights violations for a wrongful arrest, but those suits are incredibly expensive for the claimant to bring and prosecute, and the vast majority are thrown out in short order. A citizen tries it, and they face the risk of being charged with unlawful detainer (or whatever your state may call it), possibly kidnaping, and a jury hearing (not to mention the press reporting) their actions described as "taking the law into their own hands" and vigilantism.

The biggest problem with a citizen trying to detain someone is that the detainee faces no criminal sanction for resisting a citizen's arrest. Many states make it a felony to resist an officer with violence - but you don't have that status, so there's nothing to deter them from trying to put a hurt on you. Furthermore, they can give you the finger and walk away, and there's nothing you can do about it, armed or not. The detainee may face some form of an assault or battery charge, misdemeanor or felony, but they have a strong defense in the form of "he wasn't a cop, he said he wasn't a cop, I feared for my safety and/or life, and took actions I felt were reasonable and necessary to defend myself against a stranger (with a gun) trying to force me into something he had no authority to do."

Best leave it to those who are paid to do so.

Best wishes, and keep up the good citizen work!

DCR
 

Bobarino

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Guess I'm one of the lonely few here that thinks what you did was downright jerkly. It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids. Ya, that's pretty jerkly. It's not your job to protect anyone but yourself against lawsuits. It's not your job to enforce anyone else's rules. You don't have any authority to do so on their property anyway. Are you going to "detain for arrest" the next person you see jaywalking too? What if someone doesn't park in their assigned parking spot? Gonna write 'em a ticket? Gonna pull someone over for not stopping at a stop sign in the grocery store parking lot too?

Perhaps an alternate course of action would have been to call the management and advise them that kids are in the pool after it's locked up and let them determine the proper course of action on their property. Sounds to me like you just wanted to show some authority over some weaker people and make yourself feel like the big man.

Perhaps it's better just to live and let live and let other people worry about themselves, and you worry about yourself and if it isn't causing real harm to you or others, mind your own business and leave other people alone.
 

since9

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Guess I'm one of the lonely few here that thinks what you did was downright jerkly. It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids.

I'd have done much the same as M-Taliesin.

It's not your job to protect anyone but yourself against lawsuits. It's not your job to enforce anyone else's rules.

You're correct in that it's not a "job." It's a duty. Part of being a citizen. Being an active member of the community isn't for everyone, though. Only those who both care and have the courage to carry through.

You don't have any authority to do so on their property anyway.

As a resident, he most certainly does. The pool and other "common areas" fall under an area of real estate law granting both conditional access as well as limited responsibility.

Are you going to "detain for arrest" the next person you see jaywalking too? What if someone doesn't park in their assigned parking spot? Gonna write 'em a ticket? Gonna pull someone over for not stopping at a stop sign in the grocery store parking lot too?

I find your comments unnecessarily flippant, particularly as they're not in kind.

Perhaps an alternate course of action would have been to call the management and advise them that kids are in the pool after it's locked up and let them determine the proper course of action on their property.

That's certainly an alternative course of action. A third alternative would be to do nothing. M- chose the first alternative.

Perhaps it's better just to live and let live and let other people worry about themselves...

The last time I did that was when a lady who lived downstairs had been drinking far too much one afternoon. Despite the fact my gut was telling me, loudly, to do something, I did nothing, and she died later that evening due to alcohol poisoning.

...you worry about yourself and if it isn't causing real harm to you or others, mind your own business and leave other people alone.

This perspective on life is totally isolationist. It works well if you care nothing about anyone else, but only for a short time. When people care about their friends, family, and neighbors (in addition to themselves), they wind up looking out for one another, watching one another's back, so to speak.

The technical term for it is "community." It doesn't matter whether it's just stopping by to check on an elderly neighbor, helping a friend unload something from their truck, or telling three kids trespassing on common-use property to skedaddle until the pool officially re-opens in the morning.
 

Badger Johnson

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USA
Guess I'm one of the lonely few here that thinks what you did was downright jerkly. It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids. Ya, that's pretty jerkly. It's not your job to protect anyone but yourself against lawsuits. It's not your job to enforce anyone else's rules. You don't have any authority to do so on their property anyway. Are you going to "detain for arrest" the next person you see jaywalking too? What if someone doesn't park in their assigned parking spot? Gonna write 'em a ticket? Gonna pull someone over for not stopping at a stop sign in the grocery store parking lot too?

Perhaps an alternate course of action would have been to call the management and advise them that kids are in the pool after it's locked up and let them determi ne the proper course of action on their property. Sounds to me like you just wanted to show some authority over some weaker people and make yourself feel like the big man.

Perhaps it's better just to live and let live and let other people worry about themselves, and you worry about yourself and if it isn't causing real harm to you or others, mind your own business and leave other people alone.

I agree with this. THOUGH it came out OK, it might have gone pear-shaped if one of the kids tried to resist. These days kids will make stuff up, make it look like you aggressed. Thinking as a kid I would have been more empathetic, maybe tried to make friends with them, talk nice, not be Mr RespeKt-Mah-Authoritay. :)
 

M-Taliesin

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Aurora, Colorado
Attempted aggravated assault is a felony. I would detain anyone who attempted that, or any other felony and file charges. In the case of kids jumping a fence to go swimming, I'd do what you did and not call the cops, either. Citizens' arrests for violations, not felonies or high misdemeanors are problematic--especially if they're juveniles.

Howdy Gunslinger!
I hope you aren't blown away by this reply to your post, but reading your response, all I can say is: Good answer!!!

Blessings,
M-Taliesin
 

M-Taliesin

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Aurora, Colorado
Good on ya, M-Taliesin - your authoritative presence let them know what the residents, as well as the property owners, expect from them in terms of boundaries on behavior and pool use.
DCR

Howdy DCR!
Thank you for your reply. Much obliged.
You also brought up some other sideline issues that I will think on going forward.
And I appreciate the constructive manner of presentation of those ideas.

Thanks again,
Blessings,
M-Taliesin
 

M-Taliesin

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Messages
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Aurora, Colorado
Guess I'm one of the lonely few here that thinks what you did was downright jerkly. It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids. Ya, that's pretty jerkly. It's not your job to protect anyone but yourself against lawsuits. It's not your job to enforce anyone else's rules. You don't have any authority to do so on their property anyway. Are you going to "detain for arrest" the next person you see jaywalking too? What if someone doesn't park in their assigned parking spot? Gonna write 'em a ticket? Gonna pull someone over for not stopping at a stop sign in the grocery store parking lot too?

Howdy Bobarino!
Firstly, we aren't talking about a rule here. We are talking about a breech of the law in my neighborhood. Not a violation of the rules of the community, but a trespass, which I believe is a class 3 misdemeanor hereabouts. Unlike jay walking (which might be nothing more than a traffic infraction), this one is a real problem. As for the comment that it isn't my job to protect anyone but myself, does this imply or suggest that you'd simply stand by as a neighbors home was torched by vandals or somebody was being beaten and do nothing? Is it your position that you'd do nothing to stop a felon stealing your neighbor's car or take any action if you saw a small child wandering around the streets lost and confused? Except of course to call the police and report it after the incident was done and over and tough to track down the perps? Are you telling us that you'd do absolutely nothing proactive aside from dropping a dime unless it directly affected you or your property? Given the glib manner that you combine statutory infractions with traffic violations leads and community rules illustrates a tendency to compare apples to tarantulas! They are such vastly different things. And knowing you aren't willing to defend or protect anything or anyone who isn't you strikes me as alarming.

But let's take your example to another level. So long as we are taking completely different elements and throwing them together in a hodgepodge of illogical combination (misdemeanor/traffic violation/park rules) to come out with an absurd homogonization; let's paraphrase your own statement in a similar manner.
"It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids. Ya, that's pretty jerkly."

I could turn that around, bend context, warp definitions to render that statement back with:
"This ain't your state, not your thread, not your forum, and not your community that this took place in! Your opinion holds no weight over my decision, or the thread, or the efforts I took to stop a misdemeanor in progress; yet I took it upon myself to enforce statutory law regarding a trespass while ejecting kids from an area where a specific possibility of drowning or injury was entirely possible, perhaps saving some kids life or limb from hazard. Not to mention the possible injury that can result from climbing a 10 foot chain link fence to gain illegal entry. Your comment that "That's pretty jerkly(?)" is an expression of your opinion with ad hominem insult injected for no worthwhile reason.

See how combining dissimilar elements can work wonders when you strip context out of things?

Now to another of your points, that I wear a gun to make myself some sort of big deal, you don't know me from Adam or what I've done in my life. I have always looked out for my neighbors, long before I ever heard of the OCDO forum. I once did see a parked car in which a man was beating the crap out of a woman. I turned around and came up behind and he drove off, I chased and he made the mistake of turning into a community where I was living, but there was only one way in or out. I asked other residents to stop that particular car if he tried to break. Once he found himself pinned, he ran. I chased him over a high wooden fence and through somebody's back yard. I tackled him once, and the resident of that home came out and I told her to call the cops. While I did that, he got up and tried to run again. I chased him and tackled him a second time. Another homeowner came out of his abode and I told him to call the cops too. I held him until the cops showed up (in force) and took him into custody. When we returned to where he had left his car, the woman wasn't there. She came walking down the street just a wee bit later with something furry in her hand. I thought at first it was a small animal. Blood was streaming down her face. In her hand was large clumps of hair that the man I'd taken down had ripped from her skull.

Turned out he was wanted and a warrant for his arrest was out. He wanted to flee the state. He wanted his girlfriend to cough up money for his escape, and when she didn't have any he believed she was lying and intended to beat the money out of her. He was on his way to my community where his grandmother lived, and intended to get money out of her too. Even if he had to beat it out of her.

I didn't have a gun. I didn't have any authority apart from what every citizen holds to do what is morally and ethically right.
I could, on the other hand, have let it slide and done nothing. Not my gal, not my car, not my property, not my responsibility, and all the other nonsense you've suggested here. And maybe that might have resulted in a double homicide. Except he didn't run into you. He ran into me! He had the misfortune of runing into somebody willing to stand up and do what he could to stop a crime in progress. Maybe he might have had a gun. I didn't know. I certainly didn't. Whether he had a gun or not, I'd still have acted.

That man is now serving time in Canyon City while his grandmother and girlfriend are fine and moving on with their lives. Lives, I might add, that could have ended that day if not for a citizen williing to stand up and stop the thing.

So yeah. Thanks for your opinion, but this ain't your thread, ain't your state, ain't your forum, ain't your community, ain't your illogical mixing of diverse elements, but a focused reaction to a situation that was both a violation of law by statute and a dangerous situation to those in the act. And to the degree that the park might get sued if one of those kids had drown in the pool that night, bankrupting the owners and closing down this park forcing us to move... I was defending my own home too!

Blessings,
M-Taliesin
 

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
I agree with this. THOUGH it came out OK, it might have gone pear-shaped if one of the kids tried to resist. These days kids will make stuff up, make it look like you aggressed. Thinking as a kid I would have been more empathetic, maybe tried to make friends with them, talk nice, not be Mr RespeKt-Mah-Authoritay. :)

Howdy Badger!
What was there to resist? Telling them to get out of the pool? If they had told me to bugger off, I'd have done so. Gone back to my car and called APD to cope with them. Make stuff up? Perhaps you remember that whole notion of a recorder? I carry one all the time these days. Besides that, there was that good kid witness standing beside me, if you may recall.

This wasn't about Mr. Respekt-Mah-Authority (which I find an odd sort of snarkiness from you of all people) but about their violation of property rights and putting themselves at risk of injury or death. Nothing more to it that that. I told them to get out and they did. Problem solved.

I did the right thing for the right reasons. Any resistance would have been fine with me. I'd simply have turned it over to Aurora Police to cope with. Then they'd have more issues than simply me telling them to get the hell out.

Blessings,
M-Talieisn
 

Bobarino

Regular Member
Joined
Mar 28, 2008
Messages
295
Location
Puyallup, Washington, USA
I'd have done much the same as M-Taliesin.



You're correct in that it's not a "job." It's a duty. Part of being a citizen. Being an active member of the community isn't for everyone, though. Only those who both care and have the courage to carry through.

BS. It's not his "duty" to yell at some kids in a pool if it isn't his pool. That's a stretch at best. Let's not talk about community involvement ok? I can show you $50k in receipts over the last 10 years from donations made to local kids' sports teams, MDA fundraisers, Sheriff's fundraisers, and on and on, and that doesn't count my own time that I have volunteered. I own a small business and support my community quite well thank you very much. What I DON'T do though, is run around being a busy body telling people what they can and can't do on someone else's property, especially when no one is getting hurt. We can "what if....?" all day long about possible scenarios that could result in harm to someone or something but they're all just worthless academic mental exercises unless something bad actually happens.

How did you feel about California banning .50 cal weapons? Stupid rule since no crime was every committed with one and no one got hurt as a result of them being owned. Congratulations. You are now the same as the people in CA that banned .50 cal weapons. No harm done, but ban them anyway. We constantly complain about laws that are meant to protect us from ourselves and that we can handle ourselves just fine thank you very much, but here we have an example of someone doing exactly what we complain about, "protecting" people from themselves arbitrarily. Welcome to hypocrisy.


As a resident, he most certainly does. The pool and other "common areas" fall under an area of real estate law granting both conditional access as well as limited responsibility.

No, he does not. At all. Only the property owner or appointed agent thereof, which he is not, he is merely a resident, can trespass someone. This has been gone over a million times on OCDO when a person with no authority has tried to trespass an open carrier only to find they have no authority to do so. If you were right, he could make up rules and post signs with those rules anywhere on the property he wanted and could enforce them. I'd love to see THAT stand up in court. I rent a retail space in a strip mall. I can trespass someone from my store and my store only. I can't trespass someone across the parking lot. Only the property owner or manager can do that.



I find your comments unnecessarily flippant, particularly as they're not in kind.

You're observant.



That's certainly an alternative course of action. A third alternative would be to do nothing. M- chose the first alternative.



The last time I did that was when a lady who lived downstairs had been drinking far too much one afternoon. Despite the fact my gut was telling me, loudly, to do something, I did nothing, and she died later that evening due to alcohol poisoning.

If it wasn't that day, it would have been another. You cannot control what people do to themselves. You cannot save everyone and you shouldn't try. She was a grown woman and made a grown up choice. She is not your responsibility. Honestly, what do you think you could have done? If you went and knocked, she probably would have slammed the door in your face. Law enforcement can't do anything being as no laws were being broken. She was going to die one way or another.



This perspective on life is totally isolationist. It works well if you care nothing about anyone else, but only for a short time. When people care about their friends, family, and neighbors (in addition to themselves), they wind up looking out for one another, watching one another's back, so to speak.

The technical term for it is "community." It doesn't matter whether it's just stopping by to check on an elderly neighbor, helping a friend unload something from their truck, or telling three kids trespassing on common-use property to skedaddle until the pool officially re-opens in the morning.


Loved ones are very much worth being concerned about and doing everything you can to help, but as I said above, you can't help everyone. You need to pick and choose who you're going to include in your circle of people that you care enough about to protect and help at any cost. Concerning one's self with such trivial matters as some kids in a pool goes beyond "community" into busybody bully.

There's a bid difference between torching cars and swimming in a pool.

I could turn that around, bend context, warp definitions to render that statement back with:
"This ain't your state, not your thread, not your forum, and not your community that this took place in! Your opinion holds no weight over my decision, or the thread, or the efforts I took to stop a misdemeanor in progress; yet I took it upon myself to enforce statutory law regarding a trespass while ejecting kids from an area where a specific possibility of drowning or injury was entirely possible, perhaps saving some kids life or limb from hazard. Not to mention the possible injury that can result from climbing a 10 foot chain link fence to gain illegal entry. Your comment that "That's pretty jerkly(?)" is an expression of your opinion with ad hominem insult injected for no worthwhile reason.

If you don't want to hear other peoples' opinions, don't post on the internet. If you do, on a discussion board of all places, expect responses. That's kind of the whole point. My point still stands. What other arbitrary rules are you going to take it upon yourself to enforce? Who else's property or civil liability are you going to protect? Everyone's? Are you really concerned with stopping every possible permutation or combination of possibilities that might lead to a lawsuit or injury? Me thinks not.

I'd like to know what you would have done had it been 4 grown adults in the pool. Would your words and tone have been just as "tough guy" as they were with a bunch of little kids? I highly doubt it.

Spin it any way you want to. Whatever ya gotta tell yourself to justify your actions to yourself but the bottom line is, you bullied some kids while armed, intimidated them put on a power play to make yourself feel tough for really no particular good reason.

Sorry man, it was a jerkly move. If you don't like reading that since it's not my thread/state/etc then don't post about it in the first place. It's kind of a given that you have to take the good with the bad on the interwebz. Based on your unwillingness to acknowledge any criticisms or possible flaws in your actions, you were clearly only looking for kudos and justifications for your actions. Sorry to be the party pooper on that.
 
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ooghost1oo

Regular Member
Joined
Jun 6, 2009
Messages
262
Location
Colorado Springs, Colorado, USA
Guess I'm one of the lonely few here that thinks what you did was downright jerkly. It's not your pool, they're not your kids, they're not your rules, it's not your padlock, You have no authority over the kids, or the pool, or the lock yet you took it upon yourself to to enforce someone else's rule while armed and intimidating some kids. Ya, that's pretty jerkly. It's not your job to protect anyone but yourself against lawsuits. It's not your job to enforce anyone else's rules. You don't have any authority to do so on their property anyway. Are you going to "detain for arrest" the next person you see jaywalking too? What if someone doesn't park in their assigned parking spot? Gonna write 'em a ticket? Gonna pull someone over for not stopping at a stop sign in the grocery store parking lot too?

Perhaps an alternate course of action would have been to call the management and advise them that kids are in the pool after it's locked up and let them determine the proper course of action on their property. Sounds to me like you just wanted to show some authority over some weaker people and make yourself feel like the big man.

Perhaps it's better just to live and let live and let other people worry about themselves, and you worry about yourself and if it isn't causing real harm to you or others, mind your own business and leave other people alone.

+1.

Ridiculous meddler. It's not your job to enforce other peoples' rules, especially when there's no harm done. That's for bullies and rule-lawyer nerds (you know--'that guy', that everyone hates). Chill out. I know you feel all proud about flexing your muscles, but you won't find many pats on the back from reasonable people with this one.
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
I would say what the man did is wrong at all. I just hope he explained what they were doing wrong instead of just running them off. " I lost track reading this LOOOONG thread and fell a sleep." :lol:
I sure as hell wouldnt call the man a " Jerk " either. I feel if my neighbors property isnt secure, then neither is mine.
I just like to make exta effort to help kids understand whats wrong in their doings. Maybe it will help em.
 
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