Prospector Shot on his own land - trying to mow!

[Oregon Viking]

Pointing a gun at someone, at least around here....is menacing. They arrest you, then you sit in jail until you appear before a judge. A convicted felon in possession of a firearm, even unloaded gets you a few years in prison. And it looks like in SC, that is a Federal offense. Shooting someone would be a class A felony, at least in this case. Something smells fishy, and I smell rotten bacon too!

 

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[Floristweb]

You have evidence that your husband was shot. The bullet in his leg. He stated that he heard a woman's voice directing the alleged shooter. That is it for that situation. Nobody ever said that they actually saw someone shoot him. That this man living behind you did it was only inferred because of past confrontations. You don't have the weapon for a ballistics match, no Gun Shot Residue tests were done. Basically the police that were initially handling the case are incompetent or otherwise hampered because of lack of evidence. Any competent lawyer could show that it just as easily could have been a stray bullet from a squirrel hunter.
You, know what happened. But you have to be able to prove it in a court of law. The police need evidence so they can present it to the prosecutor so a judge can sign an indictment for attempted murder.

I don't want to offend you, so I won't say anything to this...

 

[Simon1]

Sounds like a case for "self defense".

His "22" versus your "45"

 

[diggummup]

All I know is I would be carrying each and every time I visited the area from now on. From what I have read, you don't actually live on the property yet? You are planning to build a house on this property correct? If that is the case then this guy needs to be taken out of the equation, along with his trash girlfriend or wife. If not your heading into something that will cause you nothing but trouble for years to come.

 

[Simon1]

That's the wierd part. Even if the guy took off that's assault with a deadly weapon and anywhere else there would have been a warrant out for his arrest immediately. I'm sure there are some other charges to tack too like felon in possession of a firearm, attempted murder etc. Really really strange they didn't take this guy in which makes me think there might be a bit more to the story. Even in a legit self defense shooting you have a good chance of getting arrested while they sort everything out and the DA decides if he will press charges or not.

Did an officer even respond to the scene or was no one called out there and only came to the hospital for questioning? If that's the case there most likely is an on going investigation and hopefully the DA charges the guy today.

Even here, when we were issued our permit to carry we where warned that even in a justified shooting we should expect to spend the night in a cell while it is sorted out.

 

[Simon1]

You have evidence that your husband was shot. The bullet in his leg. He stated that he heard a woman's voice directing the alleged shooter. That is it for that situation. Nobody ever said that they actually saw someone shoot him. That this man living behind you did it was only inferred because of past confrontations. You don't have the weapon for a ballistics match, no Gun Shot Residue tests were done. Basically the police that were initially handling the case are incompetent or otherwise hampered because of lack of evidence. Any competent lawyer could show that it just as easily could have been a stray bullet from a squirrel hunter.
You, know what happened. But you have to be able to prove it in a court of law. The police need evidence so they can present it to the prosecutor so a judge can sign an indictment for attempted murder.

If there was not a "Hunting Season" then discharging his firearm with that would be illegal. Did the LE check for shell casings and do a finger print analysis that you know of ? "IF" this was an accidental "Stray" bullet, one bullet possibly, but a bullet in the leg and another in the mower tells me it was NOT ACCIDENTAL or a STRAY.

 

[Simon1]

With threats to the family and this shooting, he should be charged with "Terrorism".

 

[William Monday]

Sounds like a future Stephen King novel, or for you old radio people, only the Shadow Knows.

 

[Hitndahed]

I don't want to offend you, so I won't say anything to this...

======================================================================
Floristweb,,

First I would like to say I am sorry that this has happened to you ,,,,,
BUT
MichiganMan does have a very valid poing and you should probably heed those words, along with all that everyone else is "telling" you.

ONLY you and them know what transpired. Even though you are the rightful and lawful owner of this property there is no real proof of "malice".
Someone else here said about the slug in your hubbys leg,, I FULLY agree with their statement. Have it removed and YOU keep it. Don't handle it or show it around.
Provide it when needed and get a receipt when leaving it for any ballistic testing.

I DO agree that there are strange circumstances here. In Pa. that shooter would be turfed, then cuffed n stuffed. The lack of interest from the local LEOs
DOES indicate either an ongoing investigation OR as others stated. The "good ole boy" syndrome. Without me living there I will not make any opinion made on that.

All I will say is this.
DOCUMENT EVERYTHING, all conversations, phone calls, past and future "incidents. ANYTHING that may show malice towards you and your family.
By all means,,, GET ARMED and do not hesitate to defend yourself, you HAVE THAT RIGHT.
BUT
Remember,,, they also have rights. Maybe LEO is waiting for YOU to take care of their "dirty work" ? Who knows,, I know I don't.
Usually I try to read an entire thread or story before offering my "opinion" on this type of issue but MichiganMan really does have wise words here. And I had to paraphrase him just so what he told you does sink in.
One true tip though I will offer you and your family.

Do NOT allow any "emotion" to rule your actions,,cold hard life giving or TAKING decisions are going on here.
Another poster said to publically release this info VIA their Facebook of homepage. I would do this if it was me in your place.
EMBARRASS them into action,,CYA (cover your a**) Floristweb. Both legally and by being armed.

I DO wish you and your family all the best though in dealing with this "explosive" situation, If I were closer I would offer to assist in any way possible.

Now to finish the last bit of reading this. Then possibly another comment
Hit

 

[Charlie P. (NY)]

If there was not a "Hunting Season" then discharging his firearm with that would be illegal. Did the LE check for shell casings and do a finger print analysis that you know of ? "IF" this was an accidental "Stray" bullet, one bullet possibly, but a bullet in the leg and another in the mower tells me it was NOT ACCIDENTAL or a STRAY.

Unfortunately the real world is not like prime-time TV and unless there is a death they don't do much forensic evidence collecting - like searching for the spent casing.

But in NY ANY gunshot wound that is treated must be reported to the police.

FloristWeb - Did your husband formally file a complaint and intent to press charges and file a statement? If not - no one is taking up a case against this bum.

Unfortunately that is your duty.

 

[San Antone]

If the shooter is indeed a convicted felon, it is against the law for him to be in possession of a firearm. This is a federal law punishable with a 5 year minimum mandatory sentence and he could get up to 15 years maximum penalty. I would contact your closest FBI or ATF office and talk to them.

 

[huntsman53]

Spoken like a true treasure hunter...;-) LOL... Huntsman53, what do you think?

Terri,

This is what I suggested to Steve when I talked to him yesterday! I suggested we have a Treasure Net Jamboree and everyone that comes, must be armed to the teeth. At this writing, I am looking into building a .50 Caliber Highbanker/Dredge Combo that not only sucks up and/or processes Gold but also blows the hell out of anyone or anything that gets in your way. LOL!!


Frank

 

[Floristweb]

Terri,

This is what I suggested to Steve when I talked to him yesterday! I suggested we have a Treasure Net Jamboree and everyone that comes, must be armed to the teeth. At this writing, I am looking into building a .50 Caliber Highbanker/Dredge Combo that not only sucks up and/or processes Gold but also blows the hell out of anyone or anything that gets in your way. LOL!!


Frank

Frank,

I bet that could open up some hardpack, and turn it into ready made concentrate... LOL - You'd be the envy of all prospectors ;-) Hugs my friend.

Might be fun to have a Treasure net Jamboree (We can guarantee metal detectorist will find stuff anyway-LOL remember your alternator) Rule would be you have to be armed though. I don't want anyone back there without a personal protection device with an armed shooter behind us. I can't imagine the Thug engaging a bunch of Treasure Hunters... It takes one hell of a coward to shoot an unarmed elderly man on his riding mower. Heck I would feel safe enough to rockhound myself, and even go up the hill where the guy said he finds arrow heads. The property is surveyed and boundaries are marked... Could be fun... You'd have to be the leader of the Jamboree since I'm way too green to even know where to start.

 

[Brother Al]

is there a chance there is something on your property
they can't get at because you are there right now ?

They could be crapping Bricks right now , just wondering Is it there yet,
thinking to themseves, did you find it, If you mow the grass there you might find it
(trap door, small Garden )
just thinking outside the box again.

May be time for an armed treasure Hunt of your own Property
or at least a look when they are away.

Like his stash? Not technically on his property any longer?

 

[Brother Al]

No, you keep your stash on someone else's property! Duuuuhhhhh Everyone knows that!

I'm joking! I've never had a stash! But I did know, people that have in the past, and they grew and stashed on other properties, or so they said!

Ummm yes. Maybe I wasn't clear on that. Nevertheless, I have found myself with a bit of freedom and if Terri wants? I'm there...camping out and all in. Terri? Send me a pm. Good luck and God bless, Brother Al.

 

[truckinbutch]

Given the circumstances I would contact Oathkeepers first . Situation like this is a poor place for 'wannabes'. What happens after they leave at the end of the weekend ?
Another thought , and not a derogatory comment . If you folks are unwilling to arm up and protect yourselves how can you ask others to risk all on your behalf ? Age is no excuse . I'm 65 and have established myself in my county as someone to leave alone . The bottom feeders go somewhere else when the pickings are not easy .

 

[RGINN]

I've read a lot of this. I'm getting the idea there's a little more to the story than we're hearing.

 

[Brother Al]

I wonder if people just started calling the local police on the non emergency line and said they were going to start showing up. If that would motivate them?

You call. I'll show up.

 

[Floristweb]

Given the circumstances I would contact Oathkeepers first . Situation like this is a poor place for 'wannabes'. What happens after they leave at the end of the weekend ?
Another thought , and not a derogatory comment . If you folks are unwilling to arm up and protect yourselves how can you ask others to risk all on your behalf ? Age is no excuse . I'm 65 and have established myself in my county as someone to leave alone . The bottom feeders go somewhere else when the pickings are not easy .

Had to like that post... In jest we can plan for a Jamboree, and maybe even even have one, this in no way provides us protection, but it would exert our right to use, and allow others to use "our" property as we see fit. But I'm not sure it would be much fun with so much trash on the property (Frank, Brad and Dillon found some unique garbage, guess we could compete for who finds the weirdest piece of junk LOL), I'd rather rockhound, and look for arrowheads than MD because of all the junk in the premiere MD area.

You are absolutly correct about being unwilling to defend oneself. My husband was out truing his rifle, and giving my daughter, and I shooting lessons the second day after being sucker punch shot. (we are doing everything we can to protect ourselves). We are not criminals, so there is nothing we could, or would do except prepare ourselves to be able to defend ourselves should be be forced to. The Sheriff's office showed up and suggested we shouldn't be shooting, Monday, and again today. There were weapons being fired from the campsite of the felon throughout the day, but they think we shouldn't be firing our weapons?... Needless to say I told them How I felt about that, and we fired several of our weapons several times each so my daughter, and I would be able to handle several unique weapons should we need to defend ourselves.... I pray that never happens, but it is prudent for us to prepare ourselves for such things. We are not what most would call easy picken's. That idiot shot my husband from his campsite while my husband was on the mower on our property... It's hard to defend yourself from an unexpected shooter. Until he shot Steve, my husband didn't realize the extreme seriousness of the prior assaults on me, and my daughter, because LE wouldn't do their job when we reported the earlier crimes. (husband wasn't here when the guy almost ran over my daughter, and I, or when he threatened my life twice)... He definately realized the seriousness of the THUGS threats, and assaults very well when he got ambush shot. (never let yourself think that if a person threatens your life, that the threat isn't very-very serious; (that is a lesson that it took a whole lot of years for my husband to learn, and he certainly learned it in a painful, dangerous way)...

Anyway, I wanted to let you know I'm learning to use our personal protection devices proficiently. LE has not handled this properly, I do suspect there has been something very fishy going on with that. So we have retained an attorney to get to the bottom of it. The first two times that my life was threatened by the SOB was on 8/30/15, The first time he threatened my life was the first time I'd ever seen the man's face! the second time he did was the second time I'd seen him up close, the next time I saw him he almost ran over my daughter, and I. Steve has only seen the man once in his life! and that wasn't pleasant, when my husband took him his mail and told him not to be using our adress or returning or opening our mail, the man was threatening to my husband then and claimed that this was his families land, and he was going to use our address... I ended up having to file a report, file a complaint with the postal service, and let them deal with him (oh, and put up a locking mailbox) We see them coming, and going (but I'd never seen him close up), hear them shooting, deal with a scared, high young girl on our porch after 3 am who claimed her boyfriend had left her at the campsite, tiny-mini baggies have out of his car window (you know the kind) into our yard, we see many many vehicles going back and forth, and lots of trucks bringing in ATV/SUV/See-doo, etc then being taken out by other vehicles... I've been, and my guests have been intimidated by his brother (AKA the property owner) etc... It is all Very Strange! Just thought I'd fill in some holes, and let you know that we will be doing all we can to defend ourselves. This is a very strange, and frightening situation we've found ourselves in. Like you inferred, it would be stupid of us to be unwilling to protect ourselves. My days of rockhounding alone are over for now... sad to realize you need a lookout to do anything on your own land... Very sad indeed.

BTW I looked at the links for Oathkeepers. I think they handle big things like protecting businesses during the riots in Ferguson. I don't think this is the type of thing they'd get invoved in, I imagine they have more important things to do... I'll let ya know when I find out.

 

[truckinbutch]

You put a whole new perspective on this situation with your last post . You folks are in a serious situation here . Don't discount Oath Keepers . They support large causes and they stand for individuals as well . You need as much public(media) support as you can get . Local law is highly suspect with what you just told us .