OT: Legal question. | Page 4 | The Boneyard

OT: Legal question.

WingU-Conn said:
Cops can try and talk someone into using common sense and compassion, but I don't think they can refuse to take action if someone insists on pressing charges/filing a complaint and there is evidence that a law was broken (no matter how trivial).
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Yeah, according to the PD, they have no discretion.
 
Madmannsucks said:
Here is the thing. She is physically and mentally incapable of conducting a conversation. she can no longer write. She is around 98% non verbal. Most of what she says is unintelligible gibberish. She takes 11 pills a day. Guess I should bring a list of her meds.
So they would not be able to discuss this with her.
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I hate saying this, but I would bring her for those reasons. I would like to give a judge the opportunity to shame the plaintiff after having met my wife in person.

Best of luck to you both in court and with your wife, I hope you both find peace.
 
WingU-Conn said:
I hate saying this, but I would bring her for those reasons. I would like to give a judge the opportunity to shame the plaintiff after having met my wife in person.

Best of luck to you both in court and with your wife, I hope you both find peace.
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I have to bring her, or they swear out a warrant for her arrest. I should give her the summons and walk her in to the Prosecutor's office and leave her there with the summons. Let them figure it out.
 
I contacted an attorney friend of mine who handles cases like this one. He indicated that in his jurisdiction (Pima Co. AZ), they usually let the complainant say whatever they want to and then the prosecuting attorney moves to dismiss the case. I'd love to be there when they summarily dismiss it just to see the look on this asswipe's face. Hopefully they'll allow TV cameras in the court room so everybody in metro Denver gets to see his reaction as well. What a miserable excuse for a human being this guy is.

Best of luck to you.
 
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Madmannsucks said:
For any legal minds in here.
My wife has advanced frontaltemporal dementia. She was recently given a summons because of a neighbor who calls the cops on everyone and everything, and she rang his doorbell. She was cited for trespassing. We have to go to court on June 18th. I have a POA. We are not using a lawyer.
Can someone plead not guilty due to mental impairment?
I am not interested in anything less than a dismissal. Full disclosure, she rang his doorbell on 4/11, then again on 5/16. The 1st time they gave her a warning.
Most of the time she can be supervised, but in this case, I turned my back for just a couple minutes.
She is almost completely non verbal and cannot answer even simple questions(she gets her name right maybe 20 percent of the time).
Any advice would be appreciated.
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Aside from this total BS from a real DB neighbor, Madmann - my heart goes out to you and your wife.
Life is too short to be a real jerk against someone who is experiencing such a debilitating disorder/disease and to the loving person who is caring for her.
I wish you the best and I wouldn't worry to much about this. If any court entertains this, we all have problems
 
Madmannsucks said:
I have to bring her, or they swear out a warrant for her arrest. I should give her the summons and walk her in to the Prosecutor's office and leave her there with the summons. Let them figure it out.
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Good luck tomorrow. I unfortunately have a similar care experience with a loved one with the same condition. I appreciate your position and especially this comment. I was thinking the same think. Just sit next to her, and when they ask questions, don’t answer for her. “Ask her, she is the one you are prosecuting. If you think she’s competent to defend herself in trial, have at it”.
I also offer this with full respect and compassion, but also full knowledge of the capability of this disease and an educated assumption of what it has taken from your wife. “If you are taking custody of her for the remainder of her life because she rang the neighbor’s door bell, just tell me where to visit”.
 
David 76 said:
You have such a load to carry and some idiot has to add this to it.
Wishing you and your wife all the best.
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Absolutely. The burden is already immense. That neighbor has a special place in hell reserved. Hoping for a good outcome tomorrow.

We recently learned just how much this can take out of you. Father in law is suffering from Alzheimer's and my mother in law has ALS. Both started declining rapidly. We had to quickly move them to assisted living, clear out the house they've been in for over 50 years and sell it. Filed claim with Allstate on their nursing home insurance, who still hasn't paid a penny 8 months later. My wife is completely overwhelmed trying to take them to appointments, arrange PT, pay their bills, fix financial accounts etc.
 
I have an elderly lady diagonally across the street from me. Lives with her husband and has a pretty bad case of dementia. She is usually walking around the block or just standing on her front porch. In my front yard, I have a big metal chicken as a lawn ornament. When my car pulls in, she walks over and tells me how beautiful the chicken is and asks me if she can go blow it a kiss. I always tell her she can and she throws her hands up and says "God bless you!!!! You are a Saint for putting up with a crazy old lady like me!"

Same thing, maybe 5 days a week, going on almost a year now. Sometimes we have a little conversation. Sometimes she picks up loose sticks in my yard. Sometimes she leaves quickly. Meh. I don't mind it one bit.

Moral of the story: Your neighbor is a real .
 
When we moved to CT, we had a neighbor who had been caught in the Hartford circus fire back in the 1940's. It was the Ringling Bros. circus when it was a big top circus with tents. She had brought her young son to see the circus. When the fire started, she was somehow able to grab her son and she carried him out. She must have been able to wrap him up because she prevented him from getting burned. She wasn't quite so lucky. She ended up with horrific third degree burns over most of her body. Miraculously, she survived, but she needed a lot of plastic surgery. You could always see the burns on her arms and legs. What she endured is unimaginable.

She raised her son on her own because her husband had died. He went on to be an honor roll student and was a great athlete in HS. He was also a wonderful person. Unfortunately, the trauma took a horrible toll on his mother. She was a very nice lady, but as she grew older she became a little senile and eventually slipped into full scale dementia. She still lived alone during that whole time. She would have good and bad days. She used to let us play in her yard, the back side of which was the size of a football field. They had owned a farm but sold most of it for an athletic field at an elementary school.

On her bad days she could be quite nasty, but she was never physically abusive. We knew about her troubles. She got to a point where she would wrap herself in a shroud and go around her house blessing the shrubbery. None of us, including the young kids in the neighborhood, would have ever done anything mean spirited to her. The kids didn't even make fun of her. Her son would come over very frequently to help her and he'd always spend time with us. He became a schoolteacher. Nobody in our neighborhood would have ever dreamed of doing anything to her. People treated each other that way in neighborhoods of a bygone era, and it's sad that it's not like that anymore.
 
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Zissou said:
Good luck tomorrow. I unfortunately have a similar care experience with a loved one with the same condition. I appreciate your position and especially this comment. I was thinking the same think. Just sit next to her, and when they ask questions, don’t answer for her. “Ask her, she is the one you are prosecuting. If you think she’s competent to defend herself in trial, have at it”.
I also offer this with full respect and compassion, but also full knowledge of the capability of this disease and an educated assumption of what it has taken from your wife. “If you are taking custody of her for the remainder of her life because she rang the neighbor’s door bell, just tell me where to visit”.
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Funny, I have almost this exact conversation in my mind.
 
Call you local TV news departments,and your local newspaper. This jerk of a neighbor is going to continue to cause grief for you unless he is publicly shamed.
 
HuskyHawk said:
Absolutely. The burden is already immense. That neighbor has a special place in hell reserved. Hoping for a good outcome tomorrow.

We recently learned just how much this can take out of you. Father in law is suffering from Alzheimer's and my mother in law has ALS. Both started declining rapidly. We had to quickly move them to assisted living, clear out the house they've been in for over 50 years and sell it. Filed claim with Allstate on their nursing home insurance, who still hasn't paid a penny 8 months later. My wife is completely overwhelmed trying to take them to appointments, arrange PT, pay their bills, fix financial accounts etc.
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All the best to you and your wife too. It is amazing the burden some people are carrying.
 
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Madmannsucks said:
So, the judge gave me the number of the DA. Advised me to call and set up a meeting. She hinted at a dismissal. Side note, Fox 31 is running a story on this. I think tonight a 530 PM.
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Post a video if it's available!
 
Madmannsucks said:
So, the judge gave me the number of the DA. Advised me to call and set up a meeting. She hinted at a dismissal. Side note, Fox 31 is running a story on this. I think tonight a 530 PM.
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That sounds very promising, Madmann. Good to hear. Since she has shown absolutely no proclivity for violence and never has, I think they're going to suggest to the jerkwad neighbor that he can either remove the doorbell, or quit answering it, or invest $99 in a video doorbell so he can see who's ringing and ignore it.
 
Madmannsucks said:
So, the judge gave me the number of the DA. Advised me to call and set up a meeting. She hinted at a dismissal. Side note, Fox 31 is running a story on this. I think tonight a 530 PM.
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Hmmm. I would have expected a prosecutor from the DA's office to be at your court date to talk to you.
 
UConnNick said:
That sounds very promising, Madmann. Good to hear. Since she has shown absolutely no proclivity for violence and never has, I think they're going to suggest to the jerkwad neighbor that he can either remove the doorbell, or quit answering it, or invest $99 in a video doorbell so he can see who's ringing and ignore it.
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He has one, and has her on video walking away after ringing it.
 
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Madmannsucks said:
So, the judge gave me the number of the DA. Advised me to call and set up a meeting. She hinted at a dismissal. Side note, Fox 31 is running a story on this. I think tonight a 530 PM.
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Any chance you can post the video once it airs?

So sorry you are going through this. This guy sounds like he belongs in hell today.
 
BFieldHusky said:
Any chance you can post the video once it airs?

So sorry you are going through this. This guy sounds like he belongs in hell today.
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Lol Sorry you are going through this, but post the video of it for my entertainment. :confused:

In all honesty, though, I was pretty much thinking the same thing.

@Madmannsucks Let us know what the DA says.
 
Wow. It really makes me sick that people like this exist. How miserable of a human being do you have to be to react this way over a couple rings of a door bell. It would have taken 1/1000th of the effort just to be a nice person. I really hope the Karma gods come down with Thor's hammer on this d***he canoe.

Really sorry you have to go through this Madmann.
 
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