Scary Situation

[jgraham7897]

So Wed. night my wife wakes me up at 9:20 PM and tells me the Sherrifs just left our appartment, and she looks like she is on the verge of tears. So now I am wide awake out of a dead sleep wanting to know what was going on! Turns out there was some scum bag sitting outside out patio watching my wife and kids for about 4 hours! One of out neighbors saw him and called 911 and a Sherrifs Deputy caught him hiding in a bush outside our patio. The Deputy then tells my wife that they arrested the same guy 1 or 2 months ago on the other side of our complex for the same thing. I was talking to one of our maintenance guys yesterday morning when I got home from work and she said if it is the same guy they have had a problem with him for awhile, his ex-wife lives in the apartments... All I can say is that he lucky that Deputy caught him and not me. Then I find out that it is only a misdemeanor and most likely he was released that night after getting his citation! Even though this is the guys 2ns or 3rd offense, what are they waiting for, for him to take it to the next level adn break in and rape someone or molest someones child? We are going to try and apply for a restraining order since it sounds like this guy keeps coming back to the complex and see if we can build some charges against him and maybe if we are luck the DA will step up and actually prosecute this scumbag!

[JandJDude]

Originally Posted by jgraham7897

So Wed. night my wife wakes me up at 9:20 PM and tells me the Sherrifs just left our appartment, and she looks like she is on the verge of tears. So now I am wide awake out of a dead sleep wanting to know what was going on! Turns out there was some scum bag sitting outside out patio watching my wife and kids for about 4 hours! One of out neighbors saw him and called 911 and a Sherrifs Deputy caught him hiding in a bush outside our patio. The Deputy then tells my wife that they arrested the same guy 1 or 2 months ago on the other side of our complex for the same thing. I was talking to one of our maintenance guys yesterday morning when I got home from work and she said if it is the same guy they have had a problem with him for awhile, his ex-wife lives in the apartments... All I can say is that he lucky that Deputy caught him and not me. Then I find out that it is only a misdemeanor and most likely he was released that night after getting his citation! Even though this is the guys 2ns or 3rd offense, what are they waiting for, for him to take it to the next level adn break in and rape someone or molest someones child? We are going to try and apply for a restraining order since it sounds like this guy keeps coming back to the complex and see if we can build some charges against him and maybe if we are luck the DA will step up and actually prosecute this scumbag!

Funny thing about the justice system. It's reactionary. You can't punish someone for a crime they haven't committed yet even though sometimes it seems like the prudent thing to do.

[hbliam]

1- re-train your wife. why she waited 4 HOURS before telling you is odd.
2- you can't get a restraining order over a guy sitting outside your apartment one time. His ex-wife probably can.

[NiteQwill]

Originally Posted by hbliam

1- re-train your wife. why she waited 4 HOURS before telling you is odd.
2- you can't get a restraining order over a guy sitting outside your apartment one time. His ex-wife probably can.

Read more carefully. His wife was not the one waiting for 4 hours, the guy was. He happened to be caught by a neighbor after 4 hours of being a perv. You can get a restraining order on any one offense, the courts will just have to approve.

[hbliam]

Originally Posted by NiteQwill

Read more carefully. His wife was not the one waiting for 4 hours, the guy was. He happened to be caught by a neighbor after 4 hours of being a perv. You can get a restraining order on any one offense, the courts will just have to approve.

Sorry, mis-read the 4 hour deal.

TRO: Hmm, that's not been my experiance. And the one time deal surely won't fly for a permanent one.

[jgraham7897]

It is not a one time deal, it has been confirmed that this guy has done this to several women in the apartment complex and this has been the 3rd time he has been caught. Plus, I just found out that he is not on the lease but he may live with his wife and the apartment manager says she can not do anything about it.

[hbliam]

Originally Posted by jgraham7897

It is not a one time deal, it has been confirmed that this guy has done this to several women in the apartment complex and this has been the 3rd time he has been caught. Plus, I just found out that he is not on the lease but he may live with his wife and the apartment manager says she can not do anything about it.

His wife could get a restraining order if she was having an ongoing problem with him. He could be prosecuted for trespassing (602PC) and possibly peeping/prowling (647(h),(i)PC), both misdemeanors. 602 is going to be difficult to prosecute if the common areas of the apartment complex are open to the public (meaning non-secured). If he lives with his wife then you have no chance on 602 as he is entitled to be in the complex. 647(h) then won't fly as he isn't on the private property of another if he is a resident. (i) is then out the window for the same reason.

Your not going to get a restraining order against a person that has been arrested near your residence one time. The other side of the complex doesn't count. A restraining order is intended to be protect you and/or your family from a credible threat.

Hopefully there is a better charge against him. I wish you the best of luck with taking care of the problem.

[jgraham7897]

Originally Posted by hbliam

His wife could get a restraining order if she was having an ongoing problem with him. He could be prosecuted for trespassing (602PC) and possibly peeping/prowling (647(h),(i)PC), both misdemeanors. 602 is going to be difficult to prosecute if the common areas of the apartment complex are open to the public (meaning non-secured). If he lives with his wife then you have no chance on 602 as he is entitled to be in the complex. 647(h) then won't fly as he isn't on the private property of another if he is a resident. (i) is then out the window for the same reason.

Your not going to get a restraining order against a person that has been arrested near your residence one time. The other side of the complex doesn't count. A restraining order is intended to be protect you and/or your family from a credible threat.

Hopefully there is a better charge against him. I wish you the best of luck with taking care of the problem.

If he does not live here and it is a gated apartment complex does the common area rule still apply?

[naganthunter]

I'd consider a door-to-door campaign with the neighbors to advise them of the situation and to call 911 upon seeing ANYONE who appears to be lurking or out of place. A call to the local police/SO for additional patrols would be good as well and request that this is discussed during shift briefings if your local agency is willing to do so...

[jgraham7897]

Originally Posted by naganthunter

A call to the local police/SO for additional patrols would be good as well and request that this is discussed during shift briefings if your local agency is willing to do so...

The only problem with this if they are willing to do this is that the places where this guy has been lurking is on the backsides of the complex where a patrol car would not see him.

[hbliam]

Originally Posted by jgraham7897

If he does not live here and it is a gated apartment complex does the common area rule still apply?

If he is allowed in by a resident, then the common areas are open to him as well.

[naganthunter]

Originally Posted by jgraham7897

The only problem with this if they are willing to do this is that the places where this guy has been lurking is on the backsides of the complex where a patrol car would not see him.

Ask for them (the police) to hit the complex with a foot patrol every so often. If he's lurking in the bushes like that, they ought to be willing to do it. (?)

I'm sure the police are as frustrated as you are with the situation. They know that there is a fine line for these types of offenders from the peeping stage to the acting stage.

Also, if these bushes are providing easy places to hide, perhaps you could suggest to the complex manager to have them trimmed back to make them less of an issue?

[SierraNevadaCCW]

Nothing a bucket of tar and some feathers wouldn't fix. Gather the residents, get the pitch forks and torches and evict the freak.

[naganthunter]

I'd light that area up behind your patio with some type of motion light as well. That would make it far less attractive to anyone who might consider walking around back there.

[SierraNevadaCCW]

Get a copy of his mugshot from the S.O. and go door to door with his photo on a flyer describing the incidents. Post them everywhere around the property...find out what he drives and put the description of his vehicle on the flyer as well.

Get me his full name and I will get his address for you, as well as list of convictions. Go to his neighborhood and talk to neighbors with the flyers in hand about what he's been up to in your neighborhood.

Just a few suggestions. LOL