tom has nailed the law ... my prior post was written before I read tom's
message below.
jim
----- Original Message -----
From: "Thomas P. Malone" <[email protected]>
To: <[email protected]>
Sent: Sunday, February 13, 2011 8:49 PM
Subject: Re: [mou-net] Stickney Road Warning
Since my last post I did a little bit of on-line research about the
incident involving the irate land owner.
5th degree assault does not require a physical injury or even physical
contact. The mere threat of physical contact can be enough to be charged
with fifth degree assault.
Thus, if the victim was "reasonably" (a legal term and thus in quotes) in
fear of attack, I think an assault may have been committed.
Thomas P. Malone
Attorney at Law
Barna Guzy & Steffen
Minneapolis Minnesota
[email protected]
(Via BlackBerry)
----- Original Message -----
From: Minnesota Birds <[email protected]>
To: [email protected] <[email protected]>
Sent: Sun Feb 13 20:27:48 2011
Subject: Re: [mou-net] Stickney Road Warning
Mr. Hendrickson is right. These incidents should be reported. I
was a deputy public defender here in California for 31 years, but I now
spend my summers im Itasca County, MN. These people usually hurt someone
eventually. If he says he's going to shhot you, or kill you, believe him.
Get away and notify law enforcement. If he made a specific threat or if
he hurt or tried to do so, then file a complaint, request prosecution and
be prepared to go to court if necessary.
I'm not familiar with Minnesota law, but in California,
threatening people can be treated as a felony. Pulling a gun on someone
is illegal in all states.
This guy needs to be stopped. Sure, helped, but in a secure
facility. He will hurt or kill someone. Please, report all these
incidents. You will be saving someone from serious harm.
Good birding,
Peter Dullea,
Senior Deputy Public Defender
for Santa Barbara County, Retired
Lompoc, California
[email protected]
(805) 350-1304
KI6PWE
Date: Sun, 13 Feb 2011 18:15:06 -0800
From: [email protected]
Subject: Re: [mou-net] Stickney Road Warning
To: [email protected]
I talked to a resident who sort of knows this guy because he has property
near
him. This person must of gotten out of jail recently because he was
arrested
possibly a year and a half ago for pulling a gun against someone near or
on his
property. He is very unstable and has been known to chase after cars and
doing
exactly what Cindy mentioned. I have her stories from witnesses who said
they
been followed by him for nearly 10-15 miles before the party stopped to
confront
this man. I am sure the county officers know of him but unfortunately
Sax-Zim
Bog / Meadowlands area is patrolled very seldom by law officials. So the
more
reports people share to law officials the more they know of him and the
more
what he has been up to lately.
Thanks
Mike Hendrickson
Duluth, Minnesota
Website: http://www.mikehendricksonbirding.com
Blog: http://colderbythelakebirding.blogspot.com/
________________________________
From: Chris Edwardson <[email protected]>
To: [email protected]
Sent: Sun, February 13, 2011 7:57:51 PM
Subject: [mou-net] Stickney Road Warning
Cindy and I were birding the bog on Saturday and made the mistake of
stopping (for a possible owl sighting) near a house on the Stickney
Road that has a sign that in part says "Trespassers will be violated...."
The owner walked out to the road (we were 200 + feet past his driveway)
and
asked us what we were doing there. I said we were birding, but he acted
confused and began confronting us, yelling that he had cameras watching
the
road. We just got in the car and left. Unknown to us, he was not
through
"talking" to us and when we were several miles away he pulled up in his
car while we were driving and forced our car to stop. I use the word
forced, because I felt like I had to stop or he would try to run us off
the
road. We listened to him rant about being an ex-marine, prior killer of
enemies, Christian, etc. Eventually, he let us drive on. He mentioned
having problems with birders before so we wanted to be sure to remind
everyone not to stop anywhere near his house. I am considering
contacting
the county Sheriff just to have the incident on record.
--
Chris Edwardson
Wood Technology Consulting Services
31 E. Arrowhead Rd.
Duluth, MN 55803
218-724-6357
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