Chongo, you are truly an exemplary PO and human. Thank you for what you do.

Smchulz, agree completely about pacification and possible consequences of taking that position.

Para, I am getting tired of this crap. Airborne lead all the way. My conscience would be clear.

OK more info:

The perp followed my son from the Walgreens about 3 miles away, down 3 main roads and into an adjacent subdivision that connects to ours. He was tailgating at high-ish speed, and sometimes took a wild-ish turn from the center lane to keep following as my son turned.

Once my son drove into the subdivision and the perp followed, he knew it wasn't just a guy trying to get him to race. So my son pulled to the side and waved out the window for the perp to go past him, and to signal that he wasn't going to take any racing bait.

Apparently the perp stopped behind my son's car, got out of his car fast and appeared at my son's window almost immediately. He asked for the dice and money and my son could not see the perp's hands or if he had anything he could use if my son refused. So he complied. Clearly the perp was being very aggressive and not just some random panhandler on the street. When the police get back with us about the unlawful entry charge I will explain this in more detail. Then my son took off and the perp followed with his headlights off, so he came home and called to me and the rest happened.

That's a bit more then I previously understood, and supports his choice to comply a little more clearly. Some LE/Mil friends have advised to answer "what if I don't?" in response to the "give me your stuff" line to compel the perp to either back off and say "nothin'" or make an actual threat. Also the use of a high power flashlight to shine in the perp's eyes while saying "show me your hands" to incapacitate his vision. All good advice. I keep a Surefire Stiletto in my car console within immediate reach, so I will give my son something similar.

With his 18th birthday approaching in August, we may consider a carry permit, since the minimum age in Indiana is 18 for licensure and to legally possess a handgun. The just can't buy one from an FFL.

A strobing light might be a good idea. Also, talk to him about never coming home, if being followed.

And, the bums are a bit aggressive in Myrtle.

They have some kind of "protected" status there, which I've never understood. North Myrtle, Pawleys, Garden City, Surfside, etc are all much better at dealing with them.

It sounds like there might be a little more to this story.

quote:

Originally posted by Krazeehorse:
I believe I would contact my state legislators and tell them your story. It may or may not get something moving to correct the law.

Ah, yes. Someone that gets it.

Lefty, after reading your update story to this incident, here are my thoughts as a cop in the St. Louis Missouri area:

While being in a "red" state, a lot of our laws were changed post Ferguson and a big one was the Mike Brown Robbery Law-remember when super thug grabbed clerk by neck while stealing cigarettes, that used to be strong arm robbery. The new "strong arm" robbery law requires significant injuries to the victim which our local progressive prosecutor has decided is the injury requires stitches, broken bones, or surgery (depending on how the Prosecutors are feeling that day). Yes around here, what the suspect did by demanding money and dice would be aggressive panhandling. Now here is where I differ from the initial officer's response and handling: the suspect followed your son home, walked up on your property, and into your garage. I would have arrested and charged the suspect with aggravated stalking (in Missouri, everything the suspect did easily meets the requirements under the stalking laws).

quote:

Originally posted by jimmy123x:
It sounds like there might be a little more to this story.

I agree.

Got the case documents in the mail today.

Christopher Ajala Kiambu McDowell, DOB 12/17/1992, is charged with:

Residential Entry Class Level 6 Felony
Synthetic Identity Deception Class Level 6 Felony
Theft Class A Misdemeanor
Operating a Motor Vehicle with a False Plate Class C Infraction
Driving While Suspended Class A Infraction

Also says a restraining order is in place in case he ever shows up again.

I'm not sure if the theft charge is about my son, or something other theft, since he is not named as a victim in the documents, only me as the owner of the house. Surprised that there are no drug/alcohol/DUI charges given his strange behavior. Documents say he will likely be offered a plea agreement and I can attend the hearing and also submit a statement about any damages or harm caused by the crime.

With regard to stalking I've looked up Indiana law in the past when my girlfriend at the time was filing a restraining order against a former boyfriend that was showing up at her house randomly. As far as I understand it, stalking requires a repeated pattern of behavior intended to, and resulting in, reasonable fear in the victim.

I don't fault the officer or his explanation. This is not a "soft on crime" area - it's a very Republican suburban and rural county. Since the perp is up for two felonies and more I think they have enough on him to make the case.

quote:

Also says a restraining order is in place in case he ever shows up again.

A restraining order is just a piece of paper. Dont count on it having any value.

quote:

Originally posted by gw3971:

quote:

Also says a restraining order is in place in case he ever shows up again.

A restraining order is just a piece of paper. Dont count on it having any value.

It has no value whatsoever with criminals, only with non criminals. It's essentially just establishing a paper trail documenting a situation that may or may not exist.

Divorce lawyers for women commonly get these to try and get sympathy from the judge for the woman even when there is absolutely no good reason to get one.

I know how restraining orders work and what they can or cannot do.

Violating the order is an offense and compels arrest and additional charges. Any law or any court order is "just a piece of paper" and subject to enforcement, which, if absent, makes the law or order meaningless.

If the perp shows up here again and tries anything he will be dealt with appropriately within the laws of self defense and castle doctrine for the state of Indiana.

The only thing I’d add at this point, keep making yourself known to the prosecutor’s office and the specific one handling this case. Offer to testify during any sentencing hearing or give input for any plea.
The squeaking wheel thing does work.

Based off what was described in the OP, I'd have a hard time selling what happened to your son as robbery to our prosecutor. I think it fits the panhandling statue (IC 35-45-17-2, specifically section (6): Panhandling while making a statement, a gesture, or another communication to the individual being solicited that would cause a reasonable individual to: (A) fear for the individual's safety; or (B) feel compelled to donate.) better, which is a Class C misdemeanor. However, it appears that the prosecutor did take a theft charge (Class A misdemeanor), which may have more to do with the totality of the case rather than that portion of the incident alone.

Honestly, the bigger deal is the residential entry, which is a felony, and it sounds like they are charging him with that, too, which is good. Stick to your guns on that one...show up to that hearing, be available to testify, and let the prosecutor know you don't want it dismissed.

I'm going disagree that the no contact order is meaningless. From a practical self-defense perspective it may be (what does a criminal intent on doing you harm care about a piece of paper?), but what it does is enable LE to arrest him on a charge of invasion of privacy for any future contact that he might have with you or your son, at your house or otherwise...it typically even includes communication over the phone or internet. It also sets up a basis on which to build a felony stalking case if there are repeated violations.

From what you described in your update, it really looks like your local LE did their job, caught the guy, and passed the case on to the prosecutor's office. Better yet, the prosecutor is taking the case and hitting him with everything he can. I've seen far worse outcomes.