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Old 02-07-2018, 07:43 AM
 
5,268 posts, read 2,278,376 times
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Quote:
Originally Posted by Carolina_native View Post
No assault occurred according to your post.

I don't know how many houses are in your gated community, but how do you know he was not an invited guest in your community at one point that evening?

It is a good possibility that man was impaired on drugs or alcohol, but perhaps neither and it was a mentally ill person.

Did you report this anonymously? If so, Police are not going to have much else to go on besides your initial report to Police and they are only going to get that mans side of the story.

You could call and follow up and see what the deal was.

" CMPD have shot perps for doing less than this guy did?" - when ?
All of this.
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Old 02-07-2018, 07:43 AM
 
6,270 posts, read 9,992,152 times
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I was a homeless person at one point in my life. My issue is not this dude's class or social status. And for the record Matthews Mint Hill and Ballantyne has homeless people too. I would never do this but what if I ran around the city drunk chasing after homeless people in an aggressive Manner? I wonder what the responses would be to this thread in that particular scenario?

I guess being homeless is a free pass to just do whatever you want to innocent people in Society

Last edited by urbancharlotte; 02-07-2018 at 07:52 AM..
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Old 02-07-2018, 07:48 AM
 
1,452 posts, read 992,914 times
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Quote:
Originally Posted by urbancharlotte View Post
If he had done that exact same thing to a police officer he would have been arrested at the least.
Unfortunately state law does not protect citizens as much as police officers and other groups that would elevate an assault crime above a Class 2 misdemeanor. If you are a male and it is a simple affray by another male, the law is not as strict. If you are a woman, and the offender is over 18 years of age, NC law can elevate the crime to a Class A1 misdemeanor. So police and women automatically jump to Class A1 which could include anywhere from 1 to 150 days in jail, while a male - male crime of private citizens is just Class 2.

"Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:
.........
Assaults an officer or employee of the State or any political subdivision of
the State, when the officer or employee is discharging or attempting to
discharge his official duties;

Assaults a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 74G, Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's duties."
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Old 02-07-2018, 07:49 AM
 
2,827 posts, read 4,133,008 times
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Quote:
Originally Posted by urbancharlotte View Post
I'm not about to get into a debate about the situation. It might be time for me to consider a new community to call home maybe even a new city
urbancharlotte I feel your pain. Unfortunately, I think things are going to get much worse and I doubt it will matter much where you live.

Common sense has gone out the window. The reason that guy was allowed to behave that way is because "society has failed him". It is o.k. now to lie, cheat, steal, intimidate, etc. and the cops are worn out arresting people who are barely slapped on the hand.

I am sorry that you went through that and am glad you are safe.
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Old 02-07-2018, 07:57 AM
 
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Quote:
Originally Posted by LLCNYC View Post
In all communities, unless he commits a crime, there will be no arrest.
So it's perfectly legal to chase after Vehicles randomly in an aggressive threatening manner?
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Old 02-07-2018, 08:08 AM
 
Location: Matthews, NC
653 posts, read 514,798 times
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Quote:
Originally Posted by urbancharlotte View Post
So it's perfectly legal to chase after Vehicles randomly in an aggressive threatening manner?


What would you like the police to have done with an anonymous call and no evidence? Based on our society's core values of innocent until proven guilty, I think the opposite would've been much more concerning...police get a random phone call and then start arresting people without any evidence.
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Old 02-07-2018, 08:11 AM
 
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Quote:
Originally Posted by urbancharlotte View Post
So it's perfectly legal to chase after Vehicles randomly in an aggressive threatening manner?
Call and ask if they cited him for a Simple Affray Assault. Because he didn't touch you and you are an adult male, it probably won't be a more significant charge. Typically an intoxicated person charge with Simple Affray can receive a citation that is like a speeding ticket with a mandatory court appearance. They likely didn't have enough evidence to arrest him on the spot, so the citation would take it through the judicial system. They usually can't just start arresting people. You could write to your state senator and ask them to make the law more strict and elevate this type of crime to Class A1 misdemeanor - at the moment it isn't.

If a guy goes up to another guy at a bar and punches him, often under the context of the law, if the police get called they just issue a citation for a Class 2 to the guy that punched with a court appearance. The guy that punched would likely get community service and have to pay a fine. In your context, you weren't touched, so I would guess the sentence would just be community service. The fine likely wouldn't ever get paid and the judge would see that.

They might have not cited him though and figured it wasn't going to go very far / the guy was crazy.

Often the judges just want to get the $1,000 fine for a simple affray, but the guy probably doesn't have the money.

It truly sucks that you went through this - it might be worth calling the PD to find out why they didn't do more and maybe they could help explain the law.

Last edited by CLT4; 02-07-2018 at 08:24 AM..
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Old 02-07-2018, 08:13 AM
 
6,270 posts, read 9,992,152 times
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Quote:
Originally Posted by Charlotteborn View Post
urbancharlotte I feel your pain. Unfortunately, I think things are going to get much worse and I doubt it will matter much where you live.

Common sense has gone out the window. The reason that guy was allowed to behave that way is because "society has failed him". It is o.k. now to lie, cheat, steal, intimidate, etc. and the cops are worn out arresting people who are barely slapped on the hand.

I am sorry that you went through that and am glad you are safe.
Thank you so much!!! It really does help to read a post of empathy. My father and my grandfather both were shot to death years ago. Both shootings took place in Newark New Jersey and New York. Because of those shootings my family moved to the South. Those shootings are also the reasons why I've never believed in owning firearms. Today for the first time in my life I am seriously considering gun ownership because I don't think the law or the police can protect me and my family. If that crazy man last night had been armed the entrance gate to my community would have trapped me outside with him for at least 15 seconds (that's how long it takes for the gate to open after pressing the remote). 15 seconds is all it takes to pull a gun and carjack somebody or worse.
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Old 02-07-2018, 09:45 AM
 
2,827 posts, read 4,133,008 times
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Quote:
Originally Posted by urbancharlotte View Post
Thank you so much!!! It really does help to read a post of empathy. My father and my grandfather both were shot to death years ago. Both shootings took place in Newark New Jersey and New York. Because of those shootings my family moved to the South. Those shootings are also the reasons why I've never believed in owning firearms. Today for the first time in my life I am seriously considering gun ownership because I don't think the law or the police can protect me and my family. If that crazy man last night had been armed the entrance gate to my community would have trapped me outside with him for at least 15 seconds (that's how long it takes for the gate to open after pressing the remote). 15 seconds is all it takes to pull a gun and carjack somebody or worse.
I have struggled with the very same thoughts. I have never even shot a gun and thought I never would but today's times are making me rethink that. I can't imagine the helplessness you would have felt if that guy had started bashing in your windows or worse.

I have two friends that have recently taken the firearms class and purchased guns for protection. Both said they feel much safer knowing that they can protect themselves if necessary.

I remember a chief of police saying that if citizen's were armed then the criminals would think twice. Sad to think that way but it may be the only option.
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Old 02-07-2018, 10:17 AM
 
5,268 posts, read 2,278,376 times
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Quote:
Originally Posted by UDcc123 View Post
What would you like the police to have done with an anonymous call and no evidence? Based on our society's core values of innocent until proven guilty, I think the opposite would've been much more concerning...police get a random phone call and then start arresting people without any evidence.
Exactly.

But I do feel for the OP too...

Listen, I live in a police family. It's very frustrating to cops too that their hands are tied in cases like this...especially with the mentally ill. Unless, he was seen doing something illegal or he refused to move along...Believe me, I go nuts in my house when I hear something on the scanner and ask about it later and not much could be done. LOL. "Well we can't just arrest everyone!" "Technically, he/she didn't do anything illegal..." etc. etc. Needless to say, I've learned a lot.

It perfectly ok to call the station (business line and ask for the officer to call you back) and speak with the officer about the situation and ask...also may help you should this person arise again.

Last edited by LLCNYC; 02-07-2018 at 10:28 AM..
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