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jhow1nm2
Regular Member
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Posted: Tue Aug 11th, 2009 04:12 am |
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Had an unfortunate incident happen the other night. An ex-coworker who was withholding company goods (from the company he was fired from) threatened me over the phone to do bodily harm to me if I showed up at his new work to get them from him. He then threatened to do more damage to me at my home (I didn't know he knew my home address). His words..."I will beat you to a pulp"
Notified him in writing via text that he was forbidden from entering my property and that I would defend myself from threat of great bodily harm (he's 260, 6'4").
Called the Dona Ana County sheriff to notify them of the threat. Here's where it gets interesting, since I lived in TX for 18 years (up until 5 years ago). The sheriff tells me that my notifying this guy, under NM law, it is not considered official notice. He has to show up at my place, then I have to call the police/sheriff....then they have to tell the guy that he may no longer come onto my property. They then give him a written warning...I get a copy and so does the sheriff. If he shows again, then they can arrest him for a misdemeanor trespassing offense.
Does something seem wrong with this scenario to anyone besides me?
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John Wolver
Regular Member
| Joined: | Fri Jul 31st, 2009 |
| Location: | Caldwell, Idaho USA |
| Posts: | 302 |
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Posted: Tue Aug 11th, 2009 06:14 am |
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| keep it locked and loaded sir, ready for defense, and we always shoot to stop, never to kill........ and aim for center mass.................
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mserr
Regular Member
| Joined: | Wed Dec 13th, 2006 |
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Posted: Tue Aug 11th, 2009 06:20 am |
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Forgive me if I'm missing something, but why do you care so much about some companies property? Seems like getting property that isn't even yours isn't worth getting serious threats over.
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jhow1nm2
Regular Member
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Posted: Wed Aug 12th, 2009 01:54 am |
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You are right. I've since divulged missplaced delegation. Still can't believe NM law. Something has got to be done to fix this problem with our law.
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desert-prospector
Regular Member
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Posted: Sat Aug 15th, 2009 04:36 pm |
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Here's what the NM Bill of Rights says about it...
Sec. 4. All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.
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Flyer22
Regular Member
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Posted: Sun Aug 16th, 2009 03:04 pm |
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mserr wrote: Forgive me if I'm missing something, but why do you care so much about some companies property? Seems like getting property that isn't even yours isn't worth getting serious threats over.
To paraphrase a legendary piece:
They came for my company's property, and I didn't speak up. They came for my neighbor's property, and I didn't speak up. . . .
Anybody who has any interest in living unmolested has an interest in upholding the rule of law. I know that if something of mine was stolen, I would be very grateful to any private citizen who got it from the thief and returned it to me.
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BB62
State Researcher
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Posted: Sun Aug 16th, 2009 03:32 pm |
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Flyer22 wrote: mserr wrote: Forgive me if I'm missing something, but why do you care so much about some companies property? Seems like getting property that isn't even yours isn't worth getting serious threats over.
To paraphrase a legendary piece:
They came for my company's property, and I didn't speak up. They came for my neighbor's property, and I didn't speak up. . . .
Anybody who has any interest in living unmolested has an interest in upholding the rule of law. I know that if something of mine was stolen, I would be very grateful to any private citizen who got it from the thief and returned it to me.
I disagree, and changing words so they reference property instead of a human being substantially changes the meaning.
In general and especially considering the threat already leveled, it's not your responsibility to get the property back to the business - that's what the business owner and the police are for.Last edited on Sun Aug 16th, 2009 03:35 pm by BB62
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jhow1nm2
Regular Member
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Posted: Sun Aug 16th, 2009 11:51 pm |
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Unfortunately, this thread...which I started, has had but one relevant post to the real question of the thread...what is wrong with the state authority having to give official notice of trespassing, and that being a warning, even though the person had already been notified in writing, by me, the resident, and threatened party?
The relevant post was citing the NM bill of rights, by Desert Prospector, which appears to conflict with the current state law where it regards my health and safety concerning trespassing.
So...what can we do about this? Or is there something in the books right now that addresses this conflict?
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DMGNUT
Regular Member
| Joined: | Mon Apr 6th, 2009 |
| Location: | Chandler, AZ |
| Posts: | 48 |
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Posted: Fri Aug 21st, 2009 07:17 am |
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I'm not familiar with NM law. I'm also not all that familiar with 9-1-1.
I am however very familiar with 2 to the center of mass, to stop a threat, whether I am on or off, my property.
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Scooter88310
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Posted: Wed Oct 7th, 2009 01:27 am |
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I had a similar incident a few years back. One of my brothers drug dealer friends kept calling me and harrasing me. Said he was going to F**K me up. SO said it was a threat with intent, and they could not do anything until he carried out his threat. So when this punk ass actually show up to do me great bodily harm, I produced my weapon. (I don't live in city limits and have 1.5 acres of land. maybe 100 ft from driveway to porch.) He was actually un-afraid of a .270 locked and loaded! After several verbal warnings from me he still refused to leave. (by this time he was less than 30 ft. to me) After a warning shot into my front yard (I wanted to make sure the bullet did not go far) He called the police. from my front yard. 2 min. later I was cuffed in a squad car! Talk about F'd up!
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wrightme
Regular Member
| Joined: | Sun Oct 19th, 2008 |
| Location: | Fallon, Nevada USA |
| Posts: | 1568 |
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Posted: Wed Oct 7th, 2009 01:46 am |
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Can't get an RO?
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John Wolver
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| Joined: | Fri Jul 31st, 2009 |
| Location: | Caldwell, Idaho USA |
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Posted: Wed Oct 7th, 2009 02:20 am |
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Scooter88310 wrote: I had a similar incident a few years back. One of my brothers drug dealer friends kept calling me and harrasing me. Said he was going to F**K me up. SO said it was a threat with intent, and they could not do anything until he carried out his threat. So when this punk ass actually show up to do me great bodily harm, I produced my weapon. (I don't live in city limits and have 1.5 acres of land. maybe 100 ft from driveway to porch.) He was actually un-afraid of a .270 locked and loaded! After several verbal warnings from me he still refused to leave. (by this time he was less than 30 ft. to me) After a warning shot into my front yard (I wanted to make sure the bullet did not go far) He called the police. from my front yard. 2 min. later I was cuffed in a squad car! Talk about F'd up!
and then what?
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Scooter88310
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Posted: Wed Oct 7th, 2009 02:30 am |
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ADA charged me Agg. assault w/deadly weapon. Got jerked around for a year before my public pretender got it into court. Pled down to simple assault (mis) and neg. use of a deadly weapon. (pet. mis) 1yr. prob. and 15 days in jail. FOR SELF DEFENSE!! That judge was a dick. Used my driving record to call me a "repeat offender". I'll admit, I thought I was Bo Duke when I was younger, but hadn't been pulled over on 3 years. Nothin happened to the other guy. little bastard. But I haven't heard from him since.
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Scooter88310
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Posted: Wed Oct 7th, 2009 02:32 am |
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SO said because my brother lived in another house on the property there was nothing they could do because he was invited.
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John Wolver
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| Joined: | Fri Jul 31st, 2009 |
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Posted: Wed Oct 7th, 2009 02:39 am |
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Scooter88310 wrote: SO said because my brother lived in another house on the property there was nothing they could do because he was invited.
your brother would have been kicked out next had he been my brother, or possibly beat the sh*t out of... that sucks he helped the other guy out.
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Jizzzle
Regular Member
| Joined: | Mon Dec 22nd, 2008 |
| Location: | Holloman AFB, USA |
| Posts: | 290 |
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Posted: Wed Oct 7th, 2009 03:23 am |
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its bad that it went that way but you hear it very often the stories about people pulling guns on people that don't have one and getting arrested.
I know it's not what you want to hear but, you should have called the police first instead of handling it yourself, also it gives you the opportunity to tell yourside first and the story told first is normally (whether right or wrong) the most credible to the audience, in this case the dispatcher/officers. then your buddy either has the option to leave or explain why he's there. or you yourself can leave. I know I know, its your property and you didn't kill or shoot anyone. But, unfortunatly that's how it goes.
personally, if you are on my property and i give you a warning and you don't heed it. I should be able to blast you and bury you without legal fuss.
I'm sorry that stupid incident gave you a record. that's horrible. you where set up for failure on that one.
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Scooter88310
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Posted: Wed Oct 7th, 2009 03:35 am |
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Yeah, I've moved past it tho... Water under the bridge. No felony conviction, so thats good. But i'll probably never be able to get a CCW permit.
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Flyer22
Regular Member
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Posted: Wed Oct 7th, 2009 04:30 am |
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| I'm glad that things worked out relatively well for you. It sounds like things could have gotten really nasty. Having said that, however, you produced a textbook case of what not to do.
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Jizzzle
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| Joined: | Mon Dec 22nd, 2008 |
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Posted: Wed Oct 7th, 2009 01:11 pm |
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| but, we can all monday morning quarterback this to death. we wheren't there. sorry it went how it did scoot.
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SlackwareRobert
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| Joined: | Tue Jun 10th, 2008 |
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Posted: Wed Oct 7th, 2009 03:30 pm |
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He has company property? Why not call the sheriff and have the stuff picked
up by them? Give them a list of items, and let the system work for you.
For the threats, get a recorder. That they have a record of you trying
to trespass, and him threatening you should help when they come to collect
the corpse on the lawn though.
That does seem strange that you can't trespass someone till after they trespass.
I'll have to remind wall mart of that one when they stop me at the door.
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