Need your input about incident with neighbor (attorney, houses)

[smilinpretty]

Hi City-Data friends,

I live in the County of Yavapai, in a housing development. There is a man who is a big bully and he has been known to shoot a fire-arm,either a pistol or rifle into the culvert (ditch) in front of his house while other people are standing next to him. He has done this on one occasion I know to try to intimidate another neighbor. He aimed his rifle AT me, last week, and kept his rifle aimed at me for approx. 10 seconds, because I was gathering signatures for another neighbor who was unlawfully charged $500 connection fee for the water to be turned back on, she was 43 days being late on her bill (she was out of town). The man that aimed his rifle at me is the President of the Water Dept. I phoned the Sheriff and he made a report and it was reported to sheriff that this man shot his rifle in the ditch in front of his house...all the houses have a ditch in front of their houses and the sheriff said it was perfectly legal. When I tell the other neighbors about this incident, they find it hard to believe it is legal. I am waiting for a phone call from sheriff department.

Also, this man has shot and killed Javalina in his backyard.

I looked up the gun laws in AZ and it reads the following: No person shall knowingly discharge a firearm into a road or railway. So, unless the ditch is considered part of the street, it seems this man can shoot his weapon anywhere he wants, except into a road.

BTW: The man told the sheriff he did not aim his rifle at me, he pulled his car into driveway and got out of his car. But, when the sheriff went to talk to him, he had his rifle in his possession and since I have no witnesses, this man's word against mine.

This man tries to intimidate other residences and is a big bully.

I am going to file a restraining order tomorrow against him as that seems like my only recourse.

I am still waiting for the sheriff report to be complete a week later.

Any input would be appreciated. Thank you!!

[mglindo]

Pretty tough one there! Unless you have proof, witnesses or video, you are mostly out of luck! Stay as far away from him as possible, carry a gun for protection and/or move! Don't get into any verbal confrontation with him either. Good luck!

[wretched wrench]

How far was he from the nearest house when he fired?

[BriansPerspective]

You might consider buying a video camera to record through your window when illegal and/or intimidating activity takes place. Then you would at least have evidence that the sheriff can act on.

I find it hard to believe that firing a gun near residences is legal. I have heard that target shooting in the county is legal, but he was obviously not shooting at a target.

[smilinpretty]

I talked to DPS, I talked to District Attorney, I tried to get a restraining order but no go, you have to have two complaints and the woman in office made me delete some things on form and add some things and she read my report and when I came back to her for third time she tells me I need two compaints, I yelled at her and the judge closed his door. Wow, I can't believe this. You have to have two complaints on a person. The Sheriff phoned me back and told me when he found subject he was at his neighbor's said he had just bought the rifle and was showing it to his neighbor and he talked to subject's mother and she said she did not see him with rifle and the fact I did not call 911 right away, the officer said it did not look good for me. I told the Sheriff, that this man is a bully and intimidates people and I wasn't going to allow him to intimidate me so I just went to a few more houses obtaining signatures. In the police report, it reads in his favor. The only thing we can do is vote him off the water board.