Slug through house

[BOTA56]

So my mother in law tells me that she had the Sheriff at her house because the neighbor (we call him Batman) placed a shot through her patio door. Batman played dumb and acted as if he had no idea that her house was in that direction. The Sheriff said that he may have not know the house was there because of all the trees along the property line. My mom pointed out to the sheriff that Batman was the one who planted all the trees along the property line, and that he at least once a week tours his property line, so he for sure knew where the house was at. Batman put a tree stand along the tree line opposite my Moms house... He took a shot at a deer, and hit the house. The Sheriff told Batman to take down the stand, move it elsewhere, and Batman told my mom he would buy her a new door. My Mom is not happy with that. I told her that I don't think there is anything else that can be done. The other night she told me that the county prosecutor said he wanted to try and nail Batman with some charges.. I don't know exactly what these charges are (i have selective hearing when it comes to the mother in law) something with the word negligent in it. lol

Anyway, I think she should take the new door and the apology, but she wants more than that. My daughter spends the day at her house once a week and she used the "What if your daughter was on the porch" line on me. So I said if it makes you feel better, go after him. She hasn't really had the best relationship with that neighbor and I think shes just out to get him...

So I guess, is there anyway Batman is going to get on trouble? I personally don't think that it will happen.

 

[Cerberus]

It's a good thang that it wasn't a .30 call 150 grainer from a rifle. It would have incinerated the whole house and everything in it.

 

[BigBoxaJunk]

So I guess, is there anyway Batman is going to get on trouble? I personally don't think that it will happen.

If he does get into trouble, he did step in it all by himself, and he very well could have killed someone.

 

[LionWeight]

It's a good thang that it wasn't a .30 call 150 grainer from a rifle. It would have incinerated the whole house and everything in it.

It may just be me, but this woman had a round from a firearm enter her home. I don't see anything funny about it and would not just brush it off. I don't care what he was shooting at, you know your target and what is beyond it. He either didn't take the time to look or doesn't care. Either way I'm not ok with him just saying oops sorry and paying for the door. I've got insurance for that. Stop shooting holes in my home before I start returning fire.

 

[Tanfodude]

I doubt the anything is going to happen to him.

































......it's because he's BATMAN.

 

[yepthatsme]

Sometimes you just can't fix stupid. Batman sounds like a real winner.

 

[BehindBlueI's]

If you can show he knows, or should reasonably know, that the house is there:

IC 35-42-2-2 Version b
Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class B misdemeanor.
(b) The offense of criminal recklessness as defined in subsection (a) is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.

 

[bwframe]

OP's likely not gonna be happy to hear this, but it pays to be on good terms with your neighbors. Even bad neighbors are better off on your side than looking to get back at you for something.

 

[tcecil88]

I would have taken the apology except for the fact that he lied to Law Enforcement about not knowing the house was there. He knew the house was there and still chose to put his "need" to kill a deer over the safety of his neighbors. The guy is a Douche and should get what is coming to him because it is guys like him that give the Antis something to fight for.

 

[danielson]

Are you the son of mom45???

 

[mom45]

Are you the son of mom45???

How did you know this thread title would catch my attention?

My neighbor has been convicted of criminal recklessness as a result of his shooting without a backstop and damaging my property. Your MIL has every right to be upset. That guy is very lucky that his bullet did not harm or kill someone. The judge in our case did not find anything funny about our situation and although our neighbor received a suspended sentence (no actual jail time), he now has a criminal conviction as a result of his careless behavior. His friend who was shooting with him has a hearing set to enter a guilty plea so I assume he will be receiving a similar sentence.

There is nothing funny about bullets flying in your direction. My other neighbor and my husband were both in fear for their lives as they tried to get away from the bullets that were whizzing past their heads.

I agree with the MIL 100%. I am all for target shooting and have nothing against hunting, but there is nothing about gun safety that should be taken lightly or ignored.

 

[Rookie]

First time would be considered an accident. Second time would be considered stupidity and stupid should hurt.

 

[dyerwatcher]

I think Battman needs a refresher on the four rules

 

[bradmedic04]

There is no excuse for this. I hope your MIL prevails and this moron suffers some type of consequence for negligence.

 

[kml]

I agree this is serious and your MIL has good reason to be upset. Without knowing the history of the past issues she's had with this guy it's hard to say what I'd do. They may not get along now but having real enemies for neighbors can really suck.

If the charges BehindBlueI's mentioned are what is on the table the guy might be looking at catching a felony. He's a gun guy (of some sorts) and a felony would have a big impact on his life. He may take that personally. What does he do for a living? Will a felony end his career? Not saying to not address the issue because he might get upset, only that your MIL should think long and hard about what road to take. Middle aged white guys (assuming) can get all kinds of crazy if they lose their job and their guns - Just sayin'. Are you and your MIL sure you're at that point with this guy?

He offered to replace the door, maybe take him up on that and also let him know that the cops are talking "criminal recklessness" which is a felony. Let him know you're a gun guy too and would hate to see that happen but this crap needs to stop. Someone could have been killed.

He may not even realize how close he is to some major life changes because of his actions. This way you let him know this is getting serious but you don't want to jam him up if he can dial back the stupid a notch or three. If he gets scared straight - win for all involved! If he's "stuck on stupid" , pulls more crap in the future and gets a felony for his efforts it's all on him because he knew it was getting to that point.

 

[mom45]

I agree this is serious and your MIL has good reason to be upset. Without knowing the history of the past issues she's had with this guy it's hard to say what I'd do. They may not get along now but having real enemies for neighbors can really suck.

If the charges BehindBlueI's mentioned are what is on the table the guy might be looking at catching a felony. He's a gun guy (of some sorts) and a felony would have a big impact on his life. He may take that personally. What does he do for a living? Will a felony end his career? Not saying to not address the issue because he might get upset, only that your MIL should think long and hard about what road to take. Middle aged white guys (assuming) can get all kinds of crazy if they lose their job and their guns - Just sayin'. Are you and your MIL sure you're at that point with this guy?

He offered to replace the door, maybe take him up on that and also let him know that the cops are talking "criminal recklessness" which is a felony. Let him know you're a gun guy too and would hate to see that happen but this crap needs to stop. Someone could have been killed.

He may not even realize how close he is to some major life changes because of his actions. This way you let him know this is getting serious but you don't want to jam him up if he can dial back the stupid a notch or three. If he gets scared straight - win for all involved! If he's "stuck on stupid" , pulls more crap in the future and gets a felony for his efforts it's all on him because he knew it was getting to that point.

This depends a lot on the prosecutor. Our neighbor SHOULD have been charged with a felony since it involved a gun/deadly weapon. Our prosecutor chose to do it as a misdemeanor. I believe he went that route because the guy had no prior criminal history. Either way, I was okay with it because, in the end, we got the unsafe shooting stopped and the guy now understands that actions have consequences.

 

[bwframe]

I agree this is serious and your MIL has good reason to be upset. Without knowing the history of the past issues she's had with this guy it's hard to say what I'd do. They may not get along now but having real enemies for neighbors can really suck.

If the charges BehindBlueI's mentioned are what is on the table the guy might be looking at catching a felony. He's a gun guy (of some sorts) and a felony would have a big impact on his life. He may take that personally. What does he do for a living? Will a felony end his career? Not saying to not address the issue because he might get upset, only that your MIL should think long and hard about what road to take. Middle aged white guys (assuming) can get all kinds of crazy if they lose their job and their guns - Just sayin'. Are you and your MIL sure you're at that point with this guy?

He offered to replace the door, maybe take him up on that and also let him know that the cops are talking "criminal recklessness" which is a felony. Let him know you're a gun guy too and would hate to see that happen but this crap needs to stop. Someone could have been killed.

He may not even realize how close he is to some major life changes because of his actions. This way you let him know this is getting serious but you don't want to jam him up if he can dial back the stupid a notch or three. If he gets scared straight - win for all involved! If he's "stuck on stupid" , pulls more crap in the future and gets a felony for his efforts it's all on him because he knew it was getting to that point.

Yep...

 

[Squander]

I agree this is serious and your MIL has good reason to be upset. Without knowing the history of the past issues she's had with this guy it's hard to say what I'd do. They may not get along now but having real enemies for neighbors can really suck.

If the charges BehindBlueI's mentioned are what is on the table the guy might be looking at catching a felony. He's a gun guy (of some sorts) and a felony would have a big impact on his life. He may take that personally. What does he do for a living? Will a felony end his career? Not saying to not address the issue because he might get upset, only that your MIL should think long and hard about what road to take. Middle aged white guys (assuming) can get all kinds of crazy if they lose their job and their guns - Just sayin'. Are you and your MIL sure you're at that point with this guy?

He offered to replace the door, maybe take him up on that and also let him know that the cops are talking "criminal recklessness" which is a felony. Let him know you're a gun guy too and would hate to see that happen but this crap needs to stop. Someone could have been killed.

He may not even realize how close he is to some major life changes because of his actions. This way you let him know this is getting serious but you don't want to jam him up if he can dial back the stupid a notch or three. If he gets scared straight - win for all involved! If he's "stuck on stupid" , pulls more crap in the future and gets a felony for his efforts it's all on him because he knew it was getting to that point.

I would argue that the shooter is already a real enemy, given that he sent a bullet through his neighbor's house. Whether it was negligence or stupidity or maliciousness that was the cause, it sounds like the shooter originally tried to deny knowing about his neighbor's house.

 

[BOTA56]

yeah Batman was caught in his own lie saying he had no idea that the house was in the line of fire. But he planted all the trees around my mil's property. Some of the trees he planted are literally 20 feet from my mil's house. I'll have to give her a call sometime and see what is going on with this ordeal. Thanks for all the replies.

 

[BigBoxaJunk]

OP's likely not gonna be happy to hear this, but it pays to be on good terms with your neighbors. Even bad neighbors are better off on your side than looking to get back at you for something.

That may be, but there are some people that will push you to either lay over or push back. I've done both and pushing back feels better.