Unconfigured Ad Widget

Collapse

Guy trespassing into my vehicle = not arrestable?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • ditchdrift
    Member
    • Mar 2010
    • 490

    Guy trespassing into my vehicle = not arrestable?

    Went to a local costco today (not in vallejo) to do some shopping with my wife and 7 month old. While in traffic near the front entrance to costco I hear a loud bang on my car, loud enough to startle everyone and awake my baby. I see a guy pass right in front of our car with a young child. I'm thinking that the kid ran into my car or something, so i roll down the window and ask what happened and if everything is alright. The guy with the kid then turned around and yelled at me, stormed at my car, reached his hand in to unlock the door and entered my vehicle all while saying he was gonna start something and kick my ***.
    While he was unlocking my car and having no escape route, I feared for the safety of me, my wife, and baby so drew my weapon from my pocket holster. As he entered into my vehicle to strike me he saw my gun and ran away. I was fractions of a second away from shooting him. I quickly parked and called 911. Of course when the officers responded, me and the wife were cuffed and stuffed. My baby left alone in a hot car crying at the top of her lungs. After clearing me, the wife, the car, and the weapon that i still had on me, we were released.
    The man who entered my vehicle was found with his daughter and wife, he was also questioned. One of the officers said that he declined to press charges on me and that i was free to go and my weapon was in the car waiting for me. They said that i was in the right, he was wrong, all 4 responding officers said that they would have done the same thing and the guy was lucky i didn't kill him. I asked why he wasn't in trouble, they informed me that he wasn't the one with the gun and he was sorry about what he did. No police report will be filed, an incident report will be written and that is about it. The police officers kept reiterating that i was in the right, but if the other guy wanted to press charges i would be arrested and i should just continue on my day.
    I've had people trespass on to my business property and they were held at gun point by me and were arrested and prosecuted. Why is this any different? To top it off, my cell phone was left on the roof of a car and when they drove off, it exploded on the pavement at about 40 mph as they took off. I know they are very busy, but it doesn't change the fact that the guy admitted to punching my car because he was having a bad day, abandoning his 6 year old child to confront me, unlocking then entering my vehicle while making threats. How is any of this not illegal? I'll avoid the city i went to, because if you choose to protect yourself, you will be cuffed and stuffed while the assailant stands by laughing at you and your wife. My wife of course supports everything that i did but feels like the police were being extrememly lazy. She also understands why they had to detain us for 30 minutes.
    Thoughts?
    NRA Life Member
    sigpic
    Foreign Car Center
    Vallejo, CA
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44627

    First thought - notify your IA.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      Moemoe1
      Senior Member
      • Dec 2012
      • 1571

      Comment

      • #4
        DaveInOroValley
        CGN/CGSSA Contributor
        CGN Contributor
        • Jan 2010
        • 8965

        Wow, welcome to California. Good thing you stopped but to me it sounded like you should have been the one to say "I don't want to press charges"
        NRA Life Member

        Vet since 1978

        "Don't bother me with facts, Son. I've already made up my mind." -Foghorn Leghorn

        Comment

        • #5
          arissa698
          Member
          • Dec 2010
          • 174

          When he "...unlocking then entering my vehicle while making threats." Wouldn't that be trespassing? Can you press charges then? It might be too late now but I came up with more questions than answers after reading your post. Sorry it happened to you and your family but I am glad you are all OK.

          Comment

          • #6
            stillwater562
            Senior Member
            • Sep 2009
            • 1735

            glad you ok, the laws are stupid, I had kind of the same thing happen to me awhile back, I had a person (My Step daughter) enter my house that was not invited it and was told to leave multiple times, and she refused, she used to live at my house about 3 years ago, until I kicked her out for drugs, but I called the cops on her, she left shortly before the cops got there but I told them she was not welcome there, she was not asked or invited in and how she was violent and forced her way into my home, but they said since she used to live there its not really a trespassing case, and theres nothing they could do, and said theres nothing I could do to her either if she came over and did it again, they just said get a restraining order and that was it, all I could do, the whole thing didn't make sense to me either, seems like unlawful trespassing to me but the cops said no...so what do you do....
            Want to Buy or Trade my guns for COLT -Kodiak-Grizzly-Pythons-Diamondbacks -Troopers- 38 supers- King Cobras -Let's work out a deal!

            "You Can't believe everything you read on the internet, sometimes people try and make you out to look the fool" -Abraham Lincoln

            Comment

            • #7
              ????? ????
              Senior Member
              • May 2014
              • 991

              Uh, this is a vehicle burglary. Penal Code section 459: "Every person who enters any . . . vehicle as defined by the Vehicle Code, when the doors are locked, . . . with intent to commit grand or petit larceny or any felony is guilty of burglary." Breaking the plane of the door and unlocking the door is an entry.

              Comment

              • #8
                ditchdrift
                Member
                • Mar 2010
                • 490

                Originally posted by Librarian
                First thought - notify your IA.
                I will, i'll also be calling the police department to talk to someone about what happened and obtain a report.

                We weren't arrested, me and my wife were gotten out of the car at gun point, searched, and detained. All while he was watching with a smirk on his face. I really don't care about getting cuffed and stuffed, but my wife was embarrassed about it. I also don't like how my baby was left alone for so long. The police never asked for our side of the story and didn't want to hear much.

                Originally posted by daveinwoodland
                Wow, welcome to California. Good thing you stopped but to me it sounded like you should have been the one to say "I don't want to press charges"
                Yea, i know. Its all pretty screwed, but i do know not to start arguing with the police.

                Originally posted by arissa698
                When he "...unlocking then entering my vehicle while making threats." Wouldn't that be trespassing? Can you press charges then? It might be too late now but I came up with more questions than answers after reading your post. Sorry it happened to you and your family but I am glad you are all OK.
                When i said, i would like to press charges on him, they said not possible. I find that its crazy that the assailant was the one standing and laughing. I'm thinking its because anytime a firearm is involved, even if you are licensed and in the right, you are assumed to be in the wrong. For what its worth, i exited the vehicle, with my hands on my head, CCL and DL in hand, firearm in holster in pocket. Definitely made for a drama free detainment. I could tell that the officer was a bit nervous of the situation and commented numerous times about why im so calm.
                NRA Life Member
                sigpic
                Foreign Car Center
                Vallejo, CA

                Comment

                • #9
                  SkyHawk
                  I need a LIFE!!
                  • Sep 2012
                  • 23469

                  Hopefully this is a wakeup call - get CCW insurance!
                  Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                  Comment

                  • #10
                    hermosabeach
                    I need a LIFE!!
                    • Feb 2009
                    • 19101

                    Based upon what you said, I feel assault charges would be warranted against the other party.

                    I was not there
                    I have not reviewed the officers audio tape and or video
                    I have not heard his or his wife’s call to 911 explaining what you did

                    Etc
                    Rule 1- ALL GUNS ARE ALWAYS LOADED

                    Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

                    Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

                    Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
                    (thanks to Jeff Cooper)

                    Comment

                    • #11
                      Sousuke
                      Veteran Member
                      • Mar 2012
                      • 3557

                      Was this caught on camera at all?

                      I would think if it were you could at the very least do two things.

                      1. Contact the district attorney formally requesting charges.
                      2. File a civil case and use the incident report in the case.

                      My guess is the police saw this as a he said she said with both parties having no prior arrests and therefore not worth the DA's time.

                      Your next step should be trying to get camera footage from Costco.
                      Everyone on Calguns keeps talking about TDS. I never knew we had so many fish keepers!

                      The TDS on my 10gallon tanks 110ppm
                      The TDS on my 29 gallon tank is 150ppm (due to substrate)

                      Comment

                      • #12
                        Cokebottle
                        Señor Member
                        CGN Contributor - Lifetime
                        • Oct 2009
                        • 32373

                        Originally posted by ditchdrift
                        Went to a local costco today (not in vallejo)
                        .....
                        I'll avoid the city i went to, because if you choose to protect yourself, you will be cuffed and stuffed while the assailant stands by laughing at you and your wife.
                        How about letting us know what city so we can avoid the same situation?
                        - Rich

                        Originally posted by dantodd
                        A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                        Comment

                        • #13
                          ditchdrift
                          Member
                          • Mar 2010
                          • 490

                          Understood. Any surveillance footage would show what happened.

                          Originally posted by Sousuke
                          Was this caught on camera at all?

                          I would think if it were you could at the very least do two things.

                          1. Contact the district attorney formally requesting charges.
                          2. File a civil case and use the incident report in the case.

                          My guess is the police saw this as a he said she said with both parties having no prior arrests and therefore not worth the DA's time.

                          Your next step should be trying to get camera footage from Costco.
                          Great ideas, i will also contact the DA. Not too sure how to obtain the footage without a court order of some sort.
                          NRA Life Member
                          sigpic
                          Foreign Car Center
                          Vallejo, CA

                          Comment

                          • #14
                            Califpatriot
                            Senior Member
                            • Jul 2016
                            • 2438

                            What did you say on the phone to 911? Unless you had actually shot somebody in self-defense, there's no reason to mention that you drew your weapon. Your phone call should have been, "A man tried to break into my car in the Costco parking lot. I am with my wife and baby. Please send an officer immediately. I am wearing a [describe clothing] and driving a [describe vehicle/license plate.]"

                            I'm not saying you did say you drew your weapon, but why would the cops cuff your and your wife otherwise?
                            In case it wasn't obvious, nothing I write here should be interpreted as legal advice.

                            Comment

                            • #15
                              ditchdrift
                              Member
                              • Mar 2010
                              • 490

                              Originally posted by Cokebottle
                              How about letting us know what city so we can avoid the same situation?
                              Well, i'm thinking if this actually becomes a police matter, this thread might not be a good thing to get into specifics. Not that my explanations weren't specific.
                              NRA Life Member
                              sigpic
                              Foreign Car Center
                              Vallejo, CA

                              Comment

                              Working...
                              UA-8071174-1