Is this harassment?

[ICUB4ER]

What is the name of your state? KS

I posted this in the wrong forum before.....
I recently got a divorce, and as soon as a neighbor that was friends with my ex found out, he started harrassing me.
At least twice a week the police are at my house because "someone" is driving too fast down the street, driving wrecklessly, etc and if they don't live here, they "associated" with me in some way.
The dog catchers have been here three times this week so far because my dogs are running loose, yet my dogs are ALWAYS either inside with me or in their dog run out back.
Three months ago, I got home to find a note on my door from him stating that my dogs had defecated in his yard. I took the note and headed over to talk to him and explain that it was impossible that it was my dogs, he was in his garage and when he saw me comeing he aimed a gun at me and told me to stop right there or he would put a bullet in me. I came home and called the police.
The police came out, took a report, and told me that the gun was a replica and didn't have a firing pin, so no crime was commited.
I told them that it looked real enough to me when it was being aimed at me.
I called the detective that got the case and asked him why my neighbor could get away with aiming a gun at me and was told the same story, it was a replica with no firing pin.
We have 5-6 stray dogs that roam the neighborhood, and he has called the dog catchers and I got 4 tickets for letting my dogs run at large and no proof of vaccinations, even though they are NOT my dogs and never been in my house or yard!
The dog catcher said that he was told by a neighbor that they were mine, so they were mine.
I have been to environmental court SEVEN times in the past five months due to "garbage not stored in approved containers with lids". If my trash cart is full, I put the extra bags in other garbage cans and set them beside my cart for pick-up.
I also had to go to environmental court twice for an in-operable vehicle. Once was because my car broke down and had to wait 4 days til I could get it into a shop for repairs, and the second time NOTHING was wrong with my car, I had just been driving my truck instead, and the car sat unmoved for a few days.
My question is, what, if anything can I do about this guy constantly sending the police, dog catchers, and city officials to my house?
How do I go about proving that he is the person calling in complaints?
I have lived in this house for 20 years and NEVER had a problem with this guy until I got divorced. He used to come over and sit by our pond with us and talk, now he's causing nothing but grief for me!

 

[David Jonathan]

What is the name of your state? KS

I posted this in the wrong forum before.....
I recently got a divorce, and as soon as a neighbor that was friends with my ex found out, he started harrassing me.
At least twice a week the police are at my house because "someone" is driving too fast down the street, driving wrecklessly, etc and if they don't live here, they "associated" with me in some way.
The dog catchers have been here three times this week so far because my dogs are running loose, yet my dogs are ALWAYS either inside with me or in their dog run out back.
Three months ago, I got home to find a note on my door from him stating that my dogs had defecated in his yard. I took the note and headed over to talk to him and explain that it was impossible that it was my dogs, he was in his garage and when he saw me comeing he aimed a gun at me and told me to stop right there or he would put a bullet in me. I came home and called the police.
The police came out, took a report, and told me that the gun was a replica and didn't have a firing pin, so no crime was commited.
I told them that it looked real enough to me when it was being aimed at me.
I called the detective that got the case and asked him why my neighbor could get away with aiming a gun at me and was told the same story, it was a replica with no firing pin.
We have 5-6 stray dogs that roam the neighborhood, and he has called the dog catchers and I got 4 tickets for letting my dogs run at large and no proof of vaccinations, even though they are NOT my dogs and never been in my house or yard!
The dog catcher said that he was told by a neighbor that they were mine, so they were mine.
I have been to environmental court SEVEN times in the past five months due to "garbage not stored in approved containers with lids". If my trash cart is full, I put the extra bags in other garbage cans and set them beside my cart for pick-up.
I also had to go to environmental court twice for an in-operable vehicle. Once was because my car broke down and had to wait 4 days til I could get it into a shop for repairs, and the second time NOTHING was wrong with my car, I had just been driving my truck instead, and the car sat unmoved for a few days.
My question is, what, if anything can I do about this guy constantly sending the police, dog catchers, and city officials to my house?
How do I go about proving that he is the person calling in complaints?
I have lived in this house for 20 years and NEVER had a problem with this guy until I got divorced. He used to come over and sit by our pond with us and talk, now he's causing nothing but grief for me!

I AM NOT AN ATTORNEY - but it sure sounds like harassment to me.

I highlighted a couple lines there. That's something you need to go to the media with. Honestly. If you were to go into a store, with a WATER gun, and told them to hand over the money, or you'd put a bullet in them, you'd be charged armed robbery. It wouldn't matter that YOU knew it was a squirt gun, the person at the other end didn't. Same goes for a case like this - if he pointed that gun at a cop, do you think that cop would shoot? Just because it doesn't have a firing pin, doesn't mean it's a replica either -

What your neighbor did, pointing that "replica" at you was criminal assault - as defined by KS law (I'm sure others will chime in about whether or not I'm wrong or right) ...

21-3408. Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.
Assault is a class C person misdemeanor.

- that law doesn't say you need to know first it's a real firearm - it just states that you believe you've been places in immediate harms way. -

For a firearm to be a replica, the firing pin, and spring mechanism needs to be removed, and the bolt needs to be welded shut in a fashion as to never allowing the firearm to function again. This is often only done of "replica" assault riffles - this is because there's a $200 tax stamp, a Class III license, AND sheriff's approval - without all three, you can't own a fully automatic weapon - don't even ask how hard it is to get a Class III license - took me two years to get mine approved. Either way, the point I was making with this, is a lot more needs to be done to the gun to make it an actual replica - and even then, it IS still defined as a firearm (replica or not)

that doesn't matter though - sue him for it. That seems like "intent" to "distress" you right there. Get a good attorney and hit this guy in the only place it will count ... the pocketbook - Go to the media with your claims of how the police are handling this inappropriately, make sure you go with all the facts to back up what you've said here - and hire an Attorney.

--Dave.

 

[Rexlan]

What is the name of your state? KS

I took the note and headed over to talk to him and explain that it was impossible that it was my dogs, he was in his garage and when he saw me comeing he aimed a gun at me and told me to stop right there or he would put a bullet in me. I came home and called the police.
The police came out, took a report, and told me that the gun was a replica and didn't have a firing pin, so no crime was commited.
I told them that it looked real enough to me when it was being aimed at me.
I called the detective that got the case and asked him why my neighbor could get away with aiming a gun at me and was told the same story, it was a replica with no firing pin.

This is hard to believe actually and IF, and I say IF, the police and especially a detective told you this then they need to be re-evaluated!

This is brandishing a weapon and it is a criminal offense. Presenting, shaking ,waiving a stick, a rock or a clinched fist is brandishing a weapon and a replica gun was used in a threatening manner (brandishing) in this case with you having no way of knowing it was a toy.

Get a copy of the report for proof, not they said, I said stuff. Take this to the DA's office a file a complaint. I believe they are required to take action upon a sworn complaint filed by you. This IS NOT a civil matter and it will drill a message deep into memory for the neighbor.

If the DA also wishes to ignore this then ask a simple question. "Can I take this to the grand jury for direct indictment"? The answer is yes you can and you can ask for an indictment. All you have to show is probably cause which is easy and then the DA has no choice but to prosecute.

This is not a media event.