Friend and CCW holder didn't shoot.

[SierraNevadaCCW]

A friend of mine who is a CCW holder of many many years...was out conducting business last night in a remote area on a dirt road. When she found her contact, he drew a rifle on her. She didn't shoot or draw, but was able to retreat out and call the sheriff.

Nevada Co. sheriff interviewed the suspect who claimed he pointed a paint gun at her. He was not arrested. The case goes to the DA.

She says, it was no paint gun. It was a long gun. We'll see how this goes.

[OCRancher]

Originally Posted by SierraNevadaCCW

A friend of mine who is a CCW holder of many many years...was out conducting business last night in a remote area on a dirt road. When she found her contact, he drew a rifle on her. She didn't shoot or draw, but was able to retreat out and call the sheriff.

Nevada Co. sheriff interviewed the suspect who claimed he pointed a paint gun at her. He was not arrested. The case goes to the DA.

She says, it was no paint gun. It was a long gun. We'll see how this goes.

PC also includes charges for pointing a facsimile of a gun if the intent of causing fear is the same. Most likely a misdemeanor.

[SierraNevadaCCW]

Just got off the phone with her. The guy was outside his house...she was serving papers on him. He ran in, grabbed a rifle and came out. The guy then pointed the rifle at her and pursued her back to her car.

She carries a .380 which is in her purse with no extra ammo...(6 rounds).

He had the drop on her.

The deputy who responded was a complete tool, who didn't want to make an arrest (shouldering a rifle and going after someone is ADW). The deputy gave this lazy "it's his word against yours" speech.

This whole thing stinks.

I really wish there was something we could do about this....some kind of pressure on the DA or sheriff's dept. on prosecuting this jerk.

[OCRancher]

Originally Posted by SierraNevadaCCW

Just got off the phone with her. The guy was outside his house...she was serving papers on him. He ran in, grabbed a rifle and came out. The guy then pointed the rifle at her and pursued her back to her car.

She carries a .380 which is in her purse with no extra ammo...(6 rounds).

He had the drop on her.

The deputy who responded was a complete tool, who didn't want to make an arrest (shouldering a rifle and going after someone is ADW). The deputy gave this lazy "it's his word against yours" speech.

This whole thing stinks.

I really wish there was something we could do about this....some kind of pressure on the DA or sheriff's dept. on prosecuting this jerk.

Well, the PC for the imitation weapon charges would be 12553 and/or 12556. Either one may disqualify him to own guns in the future. (I said MAY) If he pleads to that one, she is one up.

Other than that, unless she can specifically ID the exact weapon drawn on her, she has little she can prove. (he said, she said) If she can ID it, then she should pursue the Sheriff himself and if no action, make a written complaint to the DA. She is in limbo land.

[libertarian]

She might also consider having a video camera in her car in future recording the service, just in case of things like this. You can get one cheap enough and rig up a little suction-cup mount.

Servers get threatened all the time, just not usually with firearms, but if I was doing that kind of work it would seem like a great idea to have video, especially in remote areas.

[X-ffdo]

Tells you if you are out in a remote area, you are on your own!

[G36 Steve]

That sucks.
I wonder why the Deputy didn't offer the victim the opportunity to make a private person arrest for PC 245 if he didn't want to do it himself.
She should try to speak directly to the DA ASAP.

[zinfull]

Sorry to hear she got threaten. It does sound a little dangerous for a person to serve out in the boonies by them self. As for he said she said, it is just like domestic violence charges. You always complain that the police take the accuser's side with out proof and now when they do not with this case people complain. It is a no win situation. No proof should mean no arrest.

Jerry

[NSP]

In Nevada County we have PLENTY of "boonies" here. Where I live is considered the "boonies", or "BF egypt" take your pick.

If you don't mind me asking, which area of Nevada county? If in NSJ or camptonville then I'd bet the guy thought she was just there to steal his cannabis.

[SierraNevadaCCW]

Originally Posted by NSP

In Nevada County we have PLENTY of "boonies" here. Where I live is considered the "boonies", or "BF egypt" take your pick.

If you don't mind me asking, which area of Nevada county? If in NSJ or camptonville then I'd bet the guy thought she was just there to steal his cannabis.

I really don't know exactly where. Actually...she's been serving papers for 20 years up here.

Man, I'm glad she's okay. Anyone who would run in the house and come out with a rifle - and intimidate a 5-2' woman alone, needs an education. I secretly wished she would have fired on him. I'm so thankful she got out of there unscathed.

[SierraNevadaCCW]

The DA says they will prosecute. They predict a misd. conviction, 3 years probation, anger management classes, loss of all firearms for 10 years, a restraining order, etc.

He has no priors.

[OCRancher]

Originally Posted by SierraNevadaCCW

The DA says they will prosecute. They predict a misd. conviction, 3 years probation, anger management classes, loss of all firearms for 10 years, a restraining order, etc.

He has no priors.

Yippee!! It's one thing to avoid service of papers, but a whole other game using a gun to thwart service!

[right2defend]

Tell her to move to Dana Point, it's safe here.

[gravedigger]

Her big mistake was calling the police. She should have called the Hell's Angels. Then she would have been able to serve him, and he would be minus the rifle and every other gun he owns, along with several teeth, functional legs and the ability to breathe easily on his own.

[Rodentkiller]

What she should have done is have a Deputy assist her in serving the papers. It is done all the time and the Deputy can do his job if things get nasty.