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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Years of dealing with neighbor who is irrational - 65 yrs old

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Years of dealing with neighbor who is irrational - 65 yrs old his parents used to own all the land that is now mine, which entirely surrounds his, yet he thinks its ok for his kid to drive all sorts of loud, muffler enhanced vehicles back and forth incessantly...day and night, even encourages loud fireworks and "target practice" with guns. Last night he brandish a concealed weapon at me and my dog threatening to shoot. No local law enforcement, just state police and county Sherriff and we have tried talking to no avail. Sheriff dept have also talked to him several times and told me that he is not listening to reason, which means we will always have to put up with this craziness. I took pictures and was taping video when he pulled the gun from the back of his pants. What is my best course of action here? (Pownal, ME)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome to JustAnswer. Did you call the sheriff's office or state police regarding the incident with the gun last night?
Customer: replied 1 year ago.

No
Customer: replied 1 year ago.

No
I cannot reply without the box to start a free trial and I do not want a free trial, I just want answer to this one issue for $38 please
Customer: replied 1 year ago.
No
Expert:  Legal-Guru replied 1 year ago.
You really need to report it ASAP. He could have shot and killed you or someone else.

While there is not a lot law enforcement can do about a cantankerous, and perhaps senile old man, once he introduced a gun into the situation and actually pointed it at you he has committed a crime. I would be surprised if they did not take this seriously.

If for some reason they do not, you need to be persistent that you want to make a police report for him pointing a gun at you. Make a copy of the video you shot to give to them. If the video reflects his actions, you have pretty much made their case for them.
Customer: replied 1 year ago.
The video I thought I was recording was not successful and he only pointed the gun at my dog, he held it up to show me but did not actually point it at me.
I realize I should be reporting it to the sheriffs department but because we live here and they are not here unless called we are worried about retaliation that we cannot control - my husband and I both work full time and our home is unprotected from these irrational neighbors for 8-10 hrs a day. He is already trying to poison the dog by putting piles of shellfish refuse on the edge of his/our property (no fence).
My husband has lost faith in Sherriff's dept ability to handle situation as they are never around here...despite saying they will be. It's basically a lawless town. What else can be done, if anything?
Expert:  Legal-Guru replied 1 year ago.
I understand and empathize with your dilemma. If you want to seek a remedy through the criminal justice system, you will have to go through the sheriff's office or state police. I cannot absolutely assure you how they will react, but in my experience law enforcement takes the introduction of a firearm into a situation much more seriously than the nuisance type behavior you mentioned previously. Most officers understand how a seemingly innocuous dispute or argument can turn into a murder when a firearm is brought into the scenario.

Only you and your family can make the decision on whether to report it. I understand your retaliation concern, but if it were me, I would not hesitate to report it. The alternative is to continue to let him terrorize you and your family without consequence.

Regarding other actions there really is not anything else from a legal perspective. You could perhaps sue him for some of the nuisance activity, but that is much less likely to be effective than calling the sheriff or state police and I believe more likely to result in retaliation.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1363
Experience: Experienced Criminal Trial Attorney since 1998.
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