phone harrassment,have number traped,no arrest

[pitter-patter]

What is the name of your state? Illinois
long story...short...sorry no way to shorten it...
Bad neighbor problem..on going 4 yrs...many many police reports.&.one assualt charge/no conviction 1/05 (not enought evidence) later....
We put up cameras after he pulled a gun on me(assualt charge)...we caught him on tape putting his hand out window(you could not make out real clearlyit was exactly a gun but) then you heard the noise a gun makes when it is pulled on an empty chamber,twice then the hand goes back in window... I was just the other side of a privacy fence about 40 ft from window which is why he did it.Report to police they see tape go to guy ask about it..guy says "You got it on tape? arrest me...Cops do NOT arrest him...Now after court(for the OTHER first time he pulled the gun and pointed it at me, which when cops came he said "what? I don't have a hand gun" they did NOT arrest but refered to St atty.I called and pestered them and MADE them do something. and he gets off.I hear how he is "untouchable" and when he hears or sees I am outside he makes that gun noise ..(I have several on tape) Now along with this comes the phone calls..Made with a phone card..One even leaves message on mach saying "Bang,Bang,Bang" roports made can not trap the number..ok now this guy comes home one night and shines flashlight into our camera.I am home and say into the intercom.Stop that!! we get into a back n forth..Not yelling just verbal jabs. Then he goes in the house I get a call and am able to successfully trap the number.It goes to local police.The Det.in charge calls the number the girl says she is "his" sister and she has no knowledge about the call.After 5 days I call only to find out this and the Det was going to do nothing more.Because "well she said she didn't know anything about it" I demanded he do something more.He did call her again and she still said she knew nothing..So I said I wanted something done.he said he would refer it to St atty..That was on monday.I give them the hard evidence and they do nothing Again...I will have to keep on them like the other time but am I wrong or are the police just NOT doing thier jobs here or what am I missing?( sorry for any spelling errors I removed my contacts then found this place)

 

[CdwJava]

From what you write, it sounds like there is no clear proof that he had a gun or that he pointed it at you. His comments or statements may not be sufficient to meet the definition of any crime in your state, so even if they are on tape it may not be enough.

Have you spoken to the state's attorney to find out what they might need in order to prosecute?

- Carl

 

[LawGirl10]

I was thinking the same thing. Harrassment (if the OP's state has it) is the closest thing I can think of, but even then, it is still hard to prove.

 

[pitter-patter]

oh I understand they didn't want to deal with the gun in window incident...BUT what about this phone harassment? They(the police) said get us hard evidence..I do and they do nothing.!! I just don't get it.I mean this is not just a neighbor dispute.This VERY UNSTABLE guy is "playing" around with a GUN and what if he forgets to take ALL the bullets out of it one of these times> then I guess the police will have to act.!! But lot of good it will do me if I am dead.
Well If anyone can think of what I can do to make the police/St Atty do something.PLEASE let me know
Thank you to all that respond.

 

[CdwJava]

I don't think there are any legal eagles from Illinois that follow this board, so we may not be able to address the specific elements of phone harassment in your state. It could be that numerous calls must be made ... maybe in a specific period of time ... maybe they have to contain specific language ... I don't know.

I would suggest calling the State's Attorney and asking what he would need to make the case. Or asking the police investigators what they need to make the case. Until you know what they need, all you are going to be is frustrated.

Very often, the law restricts any action we can take. A crime is not committed until specific elements are met, and we can support those elements beyond a reasonable doubt in court.

- Carl

 

[pitter-patter]

Thank you for the replys...
I spoke with Asst.St. Atty. Who told me they are not going to try the case because of lack of evidence.Because the woman that answered said she knew nothing about it(the call) so they cannot go against her word.
He said it is his decision and he said "NO" But when I asked him to put into writing why they will not go forth with it.He said no.all I will get is a letter dsaying they will not because lack of evidence.He said what they needed was "PROOF" yea he said they could not prove who called,I wanted the owner of the phone to be charged then that is when he said he couldn't because she said she did not make it or know who did.She said her kid might of had the phone.Her kid is 8 yrs old how would she and why would an 8yr old.When I said did you sak the kid if she called is when he got pissy and said it was up to him and he said "NO"
There were many calls 7 at least in a two month time. this being the only one we could trap.They calls were of a threating nature.In one he left on mach " bang,bang,bang.in another he said to me,Your dead bitch. And I come to find out the police did NOT make a report just an incident report.Why I don't know.


We have decided to move out of this county(we do not feel very protected here any more ) and then sue him(the neighbor) for a large sum of money. (Which we do not expect to see any of because he has none...but it will bring a certain satisfaction.)As the judge told us when in court for the gun issue,if this were a civil case he would have no problem ruling in our favor.But being it was criminal he could not.So we feel we would stand a good chance in civil.We shall see.