BRKG Warrants Served on St. Louis Couple Who Defended Home

[mistaken1]

Not buying that AT ALL. Normally there is a “setback” which is a certain distance outward from the center of the street. Your property starts where the setback ends.

Depends on how it was platted. Some private roads are owned by the HOA where others are platted as part of the lot to the centerline of the road with maintenance of the road the responsibility of the HOA. As a matter of fact there are differences between streets, roads, lanes, terraces, etc.

Usually the setback is a right-of-way that encroaches on land that is platted as part of the lot. The lot owner pays taxes on the land that is platted as part of the lot, as others have noted sometimes to the center line of the road. It all depends on how it was platted. Our little county has a subdivision that was platted such that the property owners association owns the land platted as roads yet they have never paid property tax on that land since none of the county assessors were capable of the calculations needed to accurately define the amount of land to be taxed (too many curves).

 

[ssonb]

There may be different rules for different HOAs and owners but I know from personal ownership when it is a private owned road you pay for the upkeep extra from the county taxes for the matainance. The county here does not have ownership, now if the county would take ownership I know with that would come setbacks and right of way requirements.
Not arguing just a statement of fact in my instance.

 

[bw]

The couple in question probably weren't making fine distinctions about their property line. They were thinking in terms of holding back a mob, and the wife did a really poor job of it.

 

[Publius]

Here is a good video on brandishing a weapon.

View: https://www.youtube.com/watch?v=g26KZFMxTis


Concealed Carry Tip: Brandishing vs. Defensive Display
38,949 views
•Mar 8, 2018

1.2K33SHARESAVE

Now this guy in the above video it comes down to common sense and what he says now call 911 ASP and if it comes down to defending your self in court you will have to come forward and speak up use what this man is saying in you defense ( use common sense). With a confrontation with a large group or mob of three or more You have a morel obligation to make sure they do not get ahold of your personal defense weapon.
Defensive Display of a Weapon and the state prosecutor will try and twist the state brandishing law in his favor to get a conviction so you have stymie that prosecutors move or before he can, remember you do not go waving or pointing that weapon around to harass or intimidate there is a difference. here.

 

[20Gauge]

In texas (during the day), the goblin has to “breach the plane of your walls” (using a home invasion example.) That is, if they come into a carport, you can’t shoot, because there are no walls. Entering the home itself is entirely different. It means too that if the perp stands on your porch threatening you verbally, you can’t shoot. But if they kick the door in, the moment their foot clears the door sill, you’re good to go. At night however, the rules are greatly relaxed. At night you can shoot someone who’s 1) on your property, 2) running away, if 3) they’re carrying any property they’ve stolen from you.

Clarification:

So if they steal during the day and take off running you can't shoot them?

 

[20Gauge]

The community private property everybody is talking about is actually a jointly owned by all of the people in the association. So yes, the couple does own that street and it is their property. They can probably not violently protect it against other people who also own that street, but in an Association everybody pays dues and taxes on the common property, and it is commonly owned by all, and managed by Association. In the deed to the land, it explains the areas & percentages of ownership under commonality.

Nothing like making things more complicated

 

[20Gauge]

There may be different rules for different HOAs and owners but I know from personal ownership when it is a private owned road you pay for the upkeep extra from the county taxes for the matainance. The county here does not have ownership, now if the county would take ownership I know with that would come setbacks and right of way requirements.
Not arguing just a statement of fact in my instance.

Here we have to post private roads. We also need to put up no trespassing signs in a visible manner to keep people out.

Yet everyone seems to like to believe that any road is a public road and try to treat it as such even though they know better.

 

[Dennis Olson]

Clarification:

So if they steal during the day and take off running you can't shoot them?

Right

 

[SAPPHIRE]

At least ONE of the mobsters brandished a rifle/gun/etc. It's shown on one of the clips covering the case.....yes, the woman was foolish to wave her gun, but, IMO this is a staged event. Too many demon-crat variables to wave the flag and say, "Amendment Two".........we may find out this whole magilla was to smear any gun-owner from defensive postures and then your door /home will not be a shelter against such violations......and if they called the cops.....why wouldn't they come?...Unless they were ordered to stand down.......

 

[20Gauge]

Right

So do my break ins during the day! Check!

 

[Dennis Olson]

If someone in a mob pointed a gun at me, I’d light up the whole crowd, and not stop until no one was standing.

Truth.

 

[Dobbin]

Here we have to post private roads. We also need to put up no trespassing signs in a visible manner to keep people out.

Yet everyone seems to like to believe that any road is a public road and try to treat it as such even though they know better.

Cow Hampshire is much the same but it does invoke the "Castle Doctrine."

One's land is considered passage for those of "transit." That is unless specifically marked with NO TRESPASSING POLICE TAKE NOTICE. Without those signs and being on a log at the police station, police will not come to remove those who "pass through." Do physical damage to the property and YES - police are called "Hey, they're breaking my property."

If your land IS thus marked against trespass - you still have to call for removal AFTER confronting the trespasser first. Despite what the sign says police will not "take notice" to defend you. Trespassers have to be notified of the trespass. Trespassers failing to remove themselves on your warning off, THEN you're free to call the police.

Kelly Ayotte actually did a pretty good "Legal Interpretation" of the Castle Doctrine for Cow Hampshire in 2008. Found at
https://www.doj.nh.gov/criminal/documents/law-enforcement-manual.pdf Starting about page 144 on the actual document or page 169 on the PDF.

Ms. Ayotte has since made claims critical about the "presumption of innocence" in Castle Doctrine Law as she has outlined it in 2008. So far this has not been widely adopted.

Dobbin

 

[Chance]

So...are they going to be announcing their support of President Trump?

Hopefully this is an eye opener to the 'old style' Democrats. These new Democrats don't just hate Trump supporters......time to pick your side.

 

[Warthog]

Here's my take on the end result:

They'll do a year on a "brandishing" conviction, lose their guns, and when they get out, they'll return to a charred out shell of a home.

Cancel culture wins again....

Trump will pardon them if that happens.

 

[bw]

Trump will pardon them if that happens.

No federal crime involved, far as I can see.

 

[Dennis Olson]

No federal crime involved, far as I can see.

Correct. Nothing he can do.

 

[Orion Commander]

Under the law she was guilty of brandishing her weapon at people who did not provide an 'IMMINENT THREAT OF GRIEVOUS BODILY HARM." The husband maintained a "defensive posture," and should not have been served, much less charged. Soros has been funding the election of assorted DA's so he can get control at the local level.

She now has several things going for her, and that will crush the DA, First, they were trespassing. Second they engaged in verbal abuse of her and her husband. Third, they came back a second time. They are lawyers so she will have an excellent defense.

The bottom line is unless you think they will kill or seriously wound you in the immediate future you don't get to wave your gun at them. We may not like it, but no you don't get to what she did. It doesn't matter if you are afraid. It doesn't matter if they annoy you, or anger you: UNLESS YOU CAN PROVE YOU ARE IN IMMINENT DANGER OF BEING SHOT, KILLED, OR SERIOUSLY WOUNDED YOU CAN'T THREATEN THEM.

The mistake they both made was to go out, openly confront them in their front yard, engage them verbally and wave their guns around. Now, if the first rock had been thrown, or they had come up onto their porch, or tried to break into the house they could have shot all 500 of them no problem. But they knew the law, played them, drew them in and now they are going to get, the wife will, get crushed by the DA who has an excellent case against her.

A mob busting into your yard by crashing a locked gate intent on harassing you must not count as a disparity of force. Especially given past performance of black lives matter supporters.

Got it.

 

[Doomer Doug]

Look, she fell onto the trap BLM and the Soros funded DA bitch set for the wife and the husband. It really is as simple as that.

 

[Dennis Olson]

A mob busting into your yard by crashing a locked gate intent on harassing you must not count as a disparity of force. Especially given past performance of black lives matter supporters.

Got it.

Yet another person who hasn’t bothered to watch the short video in post 17. Take the six minutes, then come back and bitch.

 

[Orion Commander]

Yet another person who hasn’t bothered to watch the short video in post 17. Take the six minutes, then come back and bitch.

Ok I watched the video. He says she is good on his first two points. Not goion the third point of people coming at her. Hmm, the way the story has by told is 500 people coming towards her any her husband as they sat on their outside sitting area minding their own business.

The video guy says the mob needs to be coming towards the lady. Well as I hear the story the mob was coming at her.

Unless this occurred on a second time and the mob was walking past on public property they were coming at her.

Which is it?

 

[Dennis Olson]

No one came toward them. They were traveling laterally to the property. She was waving the gun and pointing it at a non-advancing crowd. Have you followed NONE of this?

 

[TKO]

So...are they going to be announcing their support of President Trump?

Hopefully this is an eye opener to the 'old style' Democrats. These new Democrats don't just hate Trump supporters......time to pick your side.

I'm waiting for the dummy to say how he supports BLM again.

 

[vector7]

Interesting contrast...

WTF is this shit? I can't understand a word they're saying to the guy in the car:

2 Videos:

https://twitter.com/i/web/status/1279522691993796608

View: https://twitter.com/selfdeclaredref/status/1279522691993796608

https://twitter.com/i/web/status/1279546246869520384

View: https://mobile.twitter.com/disclosetv/status/1279546246869520384

https://twitter.com/i/web/status/1279544933523881987

View: https://twitter.com/disclosetv/status/1279544933523881987

MY RESPONSE: Be careful what you wish for.

 

[vector7]

Tucker Carlson Tonight 7/13/20
Democrats Re-imagining Public Safety For America (15:27)

View: https://youtu.be/Z_-Kofb2BYA?t=2