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ok.....here are the Cliff Notes on everything since my last reply.

He was originally charged with three counts of harassment and one count of assault. He had numerous delays to his trial date due to his antics in court. On one occasion he went into the bathroom before being called to the bench, took numerous "hits" off of an inhaler and bit a hole in the side of his mouth. As he approached the bench....he started spitting up blood everywhere. He was also experiencing tachycardia due to the inhaler OD. Well.....this got him a ride to the hospital, and kept him out of jail. He did things like this several times, but this gives ya some insight to his SOP.

During the time he was waiting for trial he and his new wife had numerous domestic disputes. Several of these ended with local PD being called. His new wife "broke rank" and contacted us seeking help, and to inform us of his behavior. She informed us that he had made numerous comments about killing me, my wife, and the daughter. Several times he had walked around their apartment with a loaded marlin 336 threatening to "Go over there and take them to hell with me!!". Well.... contacted Local PD and they paid him a visit. In short order he had bought himself a Violation of Protective Order charge to go with the rest of them.

Time passes and we finally get to court. We met with the DA at length and came to an agreement. PROBATION. Before you scoff at the idea...there was sound reasoning behind the decision. History: He has had some medical issues in the past (cancer). He has had a large tumor removed from one side of his neck and has severe scarring as a result. He also has virtually no protection around the nerve bundles on that side of his neck. This trauma, and the resulting potential for harm are his basis for his "medical antics" that he uses with masterful skill to avoid detention. Our County Jail is NOT set up to offer him the medical treatment he would need IF something happened, nor are they equipped to offer him segregation in an effort to prevent him from being permanently injured by other inmates. Whether he is in NEED of medical attention or not, the MUST address his needs and offer him treatment if needed. The DA was worried that, if confined the County facility that he would end up faking a medical emergency and getting a medical release with "time served". This could put him on the street again in days....with a clean slate. SO....we decided to capitalize on his inability to live within the bounds of the law by giving him probation. Three of them to be exact. 24 months each. All are very comprehensive and are tied to the Protective Orders already in place. The very same PO's that he has been unable to abide by since they were drafted!! The thinking behind this is, WHEN (not if...lol) he violates, the DA will have enough to push for a State Jail Felony and put him in the TDC system. TDC has facilities that are well equipped to handle ANY medical issue he may have....and all without having to let him out from behind the fence!!!

He was more than happy to agree to the probation! He walked around for weeks crowing about how he "got off the hook" cause we didn't have enough evidence to get him thrown in jail. Little does he know.

Most recently.....he violated the P.O. and thus his 3 probations, by attempting to contact the daughter (facebook) without our knowledge or consent. We filed with FPD and they are passing it on to the DA for processing.

I have been in constant contact with the DA, the Adult Supervision Office, and Local PD's in both Frisco and Denton. It's a crying shame to be on a first name basis with all these people because of this crap, but it is also a lifesaver!! He is about to get the BIG HAMMER dropped on his head, and the great thing is....HE IS OBLIVIOUS TO IT!!

When he goes back before the Judge this time, not only will he get to explain his actions toward us, but we have been told that since the revocation hearing is not a "trial" regular Rules of Evidence do not apply and we can offer information and testimony from events with his new wife that involved us. Part of this involves her moving out of state to escape him after he found out she had spoken to us. She filed, and was granted a protective order (grounds: Domestic Violence) and left to Oklahoma, since he was forbidden from leaving TX by his probation. She has since filed for divorce.

well...thats it in a nutshell....for now. STAY TUNED

sorry for the delay in updating. I don't guess I have settings correct to get email notification when this post is updated.

I will go back and re-read the thread real quick and add updates from where things left off. LOTS of activity (legal)

Roger That!

I have been keeping very close tabs on him. I (with a little help from my friends )keep an eye on his comings and goings. He has gone back into that state that givers me that "calm before the storm" feeling. We have adjusted our daily lives to anticipate and/or accommodate his craziness.

All is good for now.......

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Chappell

We are still dealing with this guy. We had court last week to modify his visitation (our petition) and to answer a contempt charge he made regarding the property that he declined to pick up (on more than one occasion....with LEO present). As anticipated, when he learned about his decrease in "pay"....he hit the roof. This led to another round of harassing calls, texts, and a few tense encounters around town. All has been tolerable so far.

In the hearings last week, he got his visitation revoked, 2 year protective order is now in place....and he didn't get the property. He pretty much had his posterior handed to him in the courtroom. Hearings for the 4 harassment counts and the assault charge are scheduled for early December. We have been in contact with the D.A. numerous times regarding these matters and have been informed they are going to insist on jail time for each charge. They are going to offer a less than maximum if he will plead guilty, but they will not take jail off the table. He will be given one shot to accept the deal, if not it will go to trial.

the saga continues........

I guess so. (well....yes I probably would have taken a ride for sure, but I firmly believe I would be in a defensible position regarding prosecution)

I have had an ENORMOUS number of conversations with the local PD, County Sheriff Dept, and the DA's office regarding this incident, and this person. Everyone has been of the opinion that it went well, could have been far worse, and that DF would have been justified considering the circumstances.

Bear in mind that in the months, weeks, and days leading up to this incident there were literally HUNDREDS of telephone, email, text, voice mail and verbal threats in person of death, aggravated assault, arson, and vandalism,...you name it. He even initiated an attempted physical confrontation in a grocery store parking lot when we were dropping off his daughter for visitation. I have reported EVERY incident, and have made EVERY reasonable attempt to keep law enforcement "in the loop".I have thoroughly covered my bases as being a "reasonable" person. I have even gone as far as contacting detectives, shift supervisors, and the SRO's at the middle schools when our daughter, and his new step-daughter have volleyball games at the same location. It is funny to see the look on his face when he walks in and my fiancee' and I are sitting chatting with the LEO's like we are old friends (which some are....and others are quickly becoming).

To update....He has numerous charges pending in Denton County related to the harassment and assault. There have been warrants issued, but nothing they will go knocking on his door for. He has arraignments scheduled for early next month. We have also discovered throughout the process of straightening out my fiancee's finances that this guy has been collecting a substantial amount of money each month in his daughters name, earmarked for her "support". He has been hiding this money for years, and putting it up his nose, and blowing it in the casino's. Well.....as of months end, he will no longer be getting this money (approx 35% of his disability income) his daughter will. In addition SSA will be investigating him for fraud, and misappropriation of SSA benefits. He must sign affidavits each year to affirm that the money is being properly used, and each fraudulent document constitutes a separate felony..FEDERAL! We are waiting to find out if he can be charged for each separate check as well. When he discovers all of this is happening......he will undoubtedly hit the roof again.

This saga is nowhere near over.......stay tuned

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Chappell

lol...NAH, that one kinda takes care of itself.

texasccw wrote:I think you are missing the point here Humanphibian. Why would he want to confront you again when he knows he will lose again? It seems that you guys are in the same circle. Do you think he is aware you have a CHL? Will he be armed next time?
I think he will try to get you where you are most vulnerable. Your fiance. She should be carrying a firearm with her in her car and in and out of your house (CASTLE DOCTRINE). You seem like a very smart guy and I am sure you have already discussed an emergency plan should anything happen again. The next time there is a confrontation with this guy he will definitely not want to lose. God bless you and your family through this mess. This ordeal must really be weighing on you guys.

I agree....If (when) we have to deal with this again, IMO he will do one of two things. First option, he will come after me with no notice or indication that he is coming. He has to realize that reasonably (thre is that word again!) he cannot go straight toe-to-toe with me and win. He will probably come next time with some sort of weapon....tire iron, bat, whatever....something. After speaking with the beat officers that secured the Criminal Tresspass document, I was told that after he received some brief "expanation" of what had happened, what was gonna happen, and what would happen if this occured again.... that he voluntarily signed the CT warning. There were some sublte inferrances that he may have been told just how frightfully close he came to being on the wrong end of a deadly force incident. He has been quiet as a church mouse this week. Not even a word. Second option would be for him to come after her. The police are aware of the fact that she is at home alone often. They make efforts to keep a VERY high profile in our area, even going as far as to sit in our cul-de-sac and do their paperwork. We have made efforts to change up her routine, and keep her moving in a random patterns as she goes about her day. She limits the time she is at the house by herself, and she checks in with my sister, who works from home and has a great vantage point to view who comes into the neighborhood, when she must stop by. We are making as many efforts as possible to reduce the risk....but he only has to be at the right time, right place one time to get the opportunity he needs to create havoc.

Our local PD also drives by his residence regularly to check on his location. He is generally at home lounging by the pool, bowling, or playing golf. He is on full disability for shoulder injuries, so he receives his checks, and lives a life of liesure at the taxpayers expense. His abuse of the SSA is another thing that torques me, but the Inspector General has been notified of his activities, so we will have to see what happens with that. If he is not at the residence...we get calls that he is out and about, and to keep an eye open.

My girl had expressed interest in learning to shoot prior to this event. Now.....she is chomping at the bit. She wants to get her a carry gun, learn how to "shoot" (not just operate her gun, and punch holes in paper), and get her CHL. I have spoken with Crossfire about getting her in the CHL class with them, and possibly even do the NRA Basic Pistol course. Crossfire was GREAT. I took my renewal with Linda and Marty, and the class was wonderful. I dont think it would be possible to find a better instructor "fit" for my Fiancee.

02transam wrote:i have mixed feelings to me it seems almost as if you egged on the confrontation. if you were trying to avoid confrontation you could have picked any number of public places in which to do the exchange and wouldnt have to worry about putting your loved ones in danger. the fact you didnt use deadly force when you had every right speaks volumes but at the same time being armed and in a scuffle greatly impaired your ability to properly defend yourself. if your going to carry it you shouldnt hesitate about using it when confronted as such. the outcome could have been a whole lot different.

I honestly didn't think it would be a physically confrontational situation. An argument...sure, he is a loudmouth. He is one that has to have the attention of EVERYONE around when he is not happy. It is alot like dealing with a 5 year-old throwing a tantrum....generally harmless, but annoying as anything.

He can be a good guy. In fact for the past several weeks he has been on a fairly even keel. He has made a couple of calls later in the evening, obviously after partaking in too many beverages, and tried to push either my buttons or hers, however this was nothing like it was a couple of months ago, so we paid little attention to his rants. Over the past weeks, he and I have had several friendly conversations regarding his stuff, and me assisting him with moving it when he and his girlfriend moved into a house vs. the apartment they are in now. He has standard visitation of their daughter, and pick up/drop off's whether at his house or ours are pleasant for the most part. I figured he may be peeved about me "calling him" on his little game....but didn't think he would be violent. I had my fiancee call FPD for a civil standby as a precaution and to keep him from yelling (which he LOVES to do) and generally causing a scene. He was obviously in the neighborhood when he called because he beat the police there, and he lives across town. I have learned over the last day or so that his GF may have left him, and thay may have contributed greatly to his state of mind, whether is was just rage, or chemically induced behavior.

This situation happed in the county adjoining ours....less than 90 days ago! It is hard NOT to see the smilarity. In fact we have repeatedly reminded authorities about this incident, and how it seems to mirror thepath we are traveling.

http://www.wfaa.com/sharedcontent/dws/w ... 11ad9.html

I need to get time to research the POD idea. They are storage vaults that are dropped off at your location, then you fill them. When you are ready....they pick them up and deliver to their yard for storage. When ya get ready....they bring it back to ya to unload, reload...etc.

I figure I can pre-pay it for 2 months, and have the key delivered to him via cert mail, UPS, Fed-Ex etc. If he chooses not to take the contents out....they can auction off his stuff. I just need to make sure they wont hit my credit or anything if it goes up for auction due to the bill not being paid or something.

If it will work out lke this, I can keep him totally away from the residence, and not have to have any contact with him personally whatsoever. It also puts him in charge of his stuff....not me!

Any thoughts??

Funny......I had it! Didn't even have time to THINK about closing it. I even had it in one of the little cell phone pockets of my cargo shorts so I didnt have to put my hand in my pocket....just press my thigh. I am telling you it happened FAST.

Wildscar wrote:

Humanphibian wrote:Trust me if there had been room and/or time to retreat.....I would have. At the point I jumped from the ladder I was less than two feet from a workbench, with the extension ladder blocking my retreat around the front of the SUV. It was him between mee and the garage door. Fiancee was across the SUV on the line with 911 when he arrived, and retreated across the alley with my sister. My brother in law was at the scene and ready to assist, but it was unecessary.

Sound that would have been a perfect time for a Dukes of Hazard hood slide.

Seriously though. There are several times that I found myself in the middle of encounters such as this. Your alive and that’s priority one. Don’t dwell or beat yourself up for the actions taken. We can all sit here and be tactical keyboard commandos but in the action you don’t have the time to think though every possible action. One more thing that might make thing more sticky. Post about all this on an open forum for all to see might not be a good thing. If you do have another encounter(which I would bet my ridiculously low salary is coming) and this one turns deadly this post might be used against you somehow. Just a thought.

I am posting about this IN CASE something happens. Everything up to the event on Tuesday (and now that as well) are well recorded by numerous parties. I have my notes, my Fiancee has hers, as do my sister and BIL. All of us have been targets of his aggression. We have all gotten the texts, v-mails, phone calls etc. We have all been friends for some time, including the guy in question, so the people still "in the group" in his eyes are the persons orchestrating his demise. In addition, FPD has a TON of info on the guy, none of which is good. He is on a downhill slide, and acts accordingly. This seems to put him in the presence of LEO's on a regular basis, and they are not good contacts.

My intent with posting this is to get some intellectual input, along with viewpoints and opinions from those that have delt with this before, or have knowledge in this type of thing. It is hard to gather the scope of everything from "inside the storm" I want this event disseminated on every point, suggestions offered, mistakes pointed out, critisisim given....all in an effort to better educate/prepare myself. If I posesses more information and knowledge from the analysis of this event, it will only help me in the future. I see this as a good thing.I AM NOT looking for people to point out "I would have blown him away if it were me!!", or "if he does it again.....". Other people would surely have delt with it differently, I want MY actions reviewed. Things are FAR clearer already, however at the time I started the thread, I was still dealing with the adrenaline high, and it was difficult to see the whole picture.

There are some very valuable resources within the membership of this board. All of it happens to be available at my fingertips....I plan on utilizng it. There are some very knowledgable persons offering solid advice, along with some very good suggestions, and things that can be pointed out by looking in from the outside.

I will work on putting together an overview of the entire deal, including the situation for the past few months that have led to this point. I seriously doubt that I am the first, nor will i be the last that deals with this sort of thing. I invite everyone to take a look and openly discuss any and all aspectes of it. If the discussion around this gives me, or someone else even the smallest bit of useful info.....it will have well served its purpose.

austin wrote:Sounds to me like you have a Guardian Angel and are Very Lucky to be alive.

You knew he was a creep.

You let him onto the property with you on a ladder.

You let him get within gun grabbing distance.

He ran towards you and you advanced towards him rather than stepback to get room and get into a proper stance.

What if he had brought a gun - say an AK - and had emerged from the truck with it? With you on the ladder and your GF inside?

Or once it went to H2H he had produced a knife? Or pinned you and then drew your gun? Or just pounded you with blows?

At EVERY point in the encounter he piled up advantage after advantage, but because he was an unskilled fighter, did not want to win, was not fit and you had a slight physical advantage, you won. Barely.

If it had been me, once off the ladder, I would have disenganged, stepped back and drawn my knife and gone into a stance, then started working him back.

Better yet, I would have been inside, doors locked, his stuff on the curb.

Some comments:

AIWB vs VM2 is a much better solution if you plan to or like to go H2H. You can protect AIWB a lot easier, its a faster draw, you can get to it with either hand, and its a lot easier to get to if you are grounded.

A knife on your person is a less-lethal alternative. It also trumps more things than a gun does. Sounds like you would enjoy using a knife.

Creep....YES

Doubting his bull would turn physical....in retrospect was stupid. I had the thought in mind.....but like I said i was lulled into a false sense of security.

Let him in too close.....YES.

While I was in a vunerable position no less!!

GRAVE MISTAKES EVERY ONE!

Trust me if there had been room and/or time to retreat.....I would have. At the point I jumped from the ladder I was less than two feet from a workbench, with the extension ladder blocking my retreat around the front of the SUV. It was him between mee and the garage door. Fiancee was across the SUV on the line with 911 when he arrived, and retreated across the alley with my sister. My brother in law was at the scene and ready to assist, but it was unecessary.

Had I felt it necessary to draw my knife ( 99' Emerson Wave Commander) I would have draw my gun. Had I been forced to resort to the use of a deadly weapon....which a knife is, I would have chosen a tool (firearm) that did not require me to put myself in contact distance to implement it.

Not sure.

Make note that he was verbally commanded from the moment he arrived to STAY OUT!!...DO NOT COME IN HERE!! and to STOP! He was warned several times. He disregarded every command and continued his aggressive approach. At the point I shoved him I felt (due to his demenor at the time) that I was being attacked. I was not going to be tackled and have this going on inside the garage. There were TONS of items that could have been used as weapons laying around. I wanted him outside RIGHT THEN!

Excaliber wrote:

******Daily Routes are changed, regular times for Gym, groceries, dry cleaners all changed. Local and County PD's and So's where work address are have been notified and supplied with his personal information. History of situation, along with current photos of him as well as vehicle were included.

You're doing a great job of hitting the major bases quickly.

You may also want to consider:

-Advising security / property management / company management at places of employment of the situation with descriptions of subject / vehicle / tag # and copies of photos if possible at monitored points of entry. If the protective order covered any of these places, putting a copy on file with them would be helpful.

-Providing same info to houses of worship (increasing numbers now have security teams) and schools (if children involved)

Yeah....It's been a busy day. Finacee works in outside sales and touches base at the house throughout the day. THIS is the biggest challenge. Considering making a rotating list of Starbucks her office for now. Have considered using a school too, as any weapon violation is federal deal. Not that he cares...but it couldnt hurt. I own my business, so I am covered there. As for daughter....she was sent to family farm with her Brother (USMC Lance Corp.). The farm is kind of a compound type deal with several "families" in the area and sharing adjoining land plots.