Near incident avoided - Trespasser

[AustinMRH]

Last night after returning from a long road trip to LA I was cleaning and washing the car in our driveway. The dog was hanging out with me, just doing her thing. Around dusk she started going nuts and I turned to see a hispanic male walking down my neighbors driveway, but coming from the house not the street. Red Flag. We back up to a large park/greenbelt here in Austin, so our backyards are up against parkland and are not fenced. Our neighbor had just left to go pick up some take-out, but his two teenage daughters were alone in the house. I was carrying but made no hint of this. Rather I calmed my dog and told the gentleman he needed to leave. I asked where he had come from and informed him he was on private property and should finish his walk out to the street and get a move on it. He actually got angry that I would suggest he move along. He said he wasn't on my property (about 2 ft from it) and I should _______ (good edit, insert rotten thing here). I started to get a little angry and my dog could tell. She started growling and moving around him, still on the neighbors property. Eventually he made his way to the street, but rather than walk away from my house he chose to walk in front of it (end of a cul-de-sac, so either way leads out). He started walking slowly trying i think to solicit a response from my hearding dog, who at this point was walking slow circles around him growling, 5-6ft away from him. Mostly steering him away from our house/yard.

Eventually he pulled out his cell phone and started to call the cops, presumably to report our 'aggressive' dog. I called her back when he got to the edge of our yard, moving away. At the end of the block I saw him, still on the phone, reading the street sign, clearly he had no clue where he was. More proof he didn't belong.

It was a tense 10 minutes, but at no point did I feel like I was not completely in control of the situation. I was glad to have such an alert dog (the neighbors labs would have licked him to death) and I am glad she did such a good job making him feel not welcome. I'm also glad I finally dumped the range ammo for some hydra-shok. I half expected a visit from a LEO later that evening, but never got one. I guess it would be hard to tell the 911 operator that a dog was barking at you while you trespassed in its yard.

Not really a 'Never Again'. Though when my neighbor got home and I told him we agreed it was time to post up some new no trespassing signs. It also cemented in my mind the need for a camera on the driveway. Had this gone differently I would have liked some visual back-up.

[Tahoe132]

Haha that's awesome! Most cops I know (if they came) would of given him a but chewing, and told him that he was lucky that he wasn't bitten.

Glad everything ended up ok thought! We need more people who are alert and observant to watch out for people like that guy!

[danpaw]

If you don't feel he had valid reason to be there should'nt you have called the police yourself?

[AustinMRH]

At the time I just wanted him to go away. We've had hikers pop up in the backyard lost and just point them in the right direction. I figured it was the same thing here, till he started getting mouthy. At that point I was more concerned with being fully engaged in watching him/making him leave and less willing to take my eyes off him to make a call. I should have followed up myself with a call to the police.

But good point. I'll follow up with our area police rep.

[jamisjockey]

What age range was the punk in? Possible boyfriend or love interest of one of the teenage girls next door?

Eventually he pulled out his cell phone and started to call the cops,

Did he tell you he was calling the cops?

[AustinMRH]

What age range was the punk in? Possible boyfriend or love interest of one of the teenage girls next door?

Eventually he pulled out his cell phone and started to call the cops,

Did he tell you he was calling the cops?

He was an adult male, 40ish. Not a boyfriend of one of the girls next door.

He told somebody he wanted to report an aggressive dog. Hopefully not reporting it to his posse.

[The Annoyed Man]

What age range was the punk in? Possible boyfriend or love interest of one of the teenage girls next door?

Eventually he pulled out his cell phone and started to call the cops,

Did he tell you he was calling the cops?

He was an adult male, 40ish. Not a boyfriend of one of the girls next door.

He told somebody he wanted to report an aggressive dog. Hopefully not reporting it to his posse.

Even if he was reporting the dog to the police, he might have been trying to make the street safer (for him) for a robbery later on.

[Ameer]

Your dog was smart not to bite. Who knows what diseases he could catch from the guy.

[USA1]

Your dog was smart not to bite. Who knows what diseases he could catch from the guy.

AustinMRH, good job!

- You knew the guy didn't belong there.
- You knew your neighbor was not home.
- You knew the neighbors kids were home alone.

It's nice to have neighbors like you. I'm sure yours appreciate you.

[witchdoctor575]

kudos for having a well trained dog and for being alert.

[dicion]

If your neighbor has given you permission, you have the authority to protect his property as if it were your own.

PC §9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to protect
land or tangible, movable property of a third person if, under the circumstances
as he reasonably believes them to be, the actor would be
justified under Section 9.41 or 9.42 in using force or deadly force to
protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes
attempted or consummated theft of or criminal mischief to the
tangible
movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or
property;
(B) he has a legal duty to protect the third person's land or property;
or
(C) the third person whose land or property he uses force or
deadly force to protect is the actor's spouse, parent, or child, resides
with the actor, or is under the actor's care.

I'd get this in writing, that way you can prove it has been pre-authorized if something ever were to happen.

[Excaliber]

What age range was the punk in? Possible boyfriend or love interest of one of the teenage girls next door?

Eventually he pulled out his cell phone and started to call the cops,

Did he tell you he was calling the cops?

He was an adult male, 40ish. Not a boyfriend of one of the girls next door.

He told somebody he wanted to report an aggressive dog. Hopefully not reporting it to his posse.

In view of the fact that police didn't show up, he was more than likely faking the call to get you to think a response on his complaint was on the way so you wouldn't make a real one that would result in a visit from the police until he was safely out of the area.

[Dreamhopper]

I guess it would be hard to tell the 911 operator that a dog was barking at you while you trespassed in its yard.

Priceless!!!

[jecsd1]

You said hearding dog right? I would bet money it's a Heeler. Am I right? I've got a 4 year old male and he acts the same way to anyone that even walks by the front yard. Good Dog!

Glad things didn't go south for you!

[maxlib]

It was a tense 10 minutes, but at no point did I feel like I was not completely in control of the situation. I was glad to have such an alert dog (the neighbors labs would have licked him to death) and I am glad she did such a good job making him feel not welcome. I'm also glad I finally dumped the range ammo for some hydra-shok. I half expected a visit from a LEO later that evening, but never got one. I guess it would be hard to tell the 911 operator that a dog was barking at you while you trespassed in its yard.

That's what my Labs would do as well. They raise cain in the house if they see anyone pull in the drive or walk by on the road, but they only do it because they want out to greet whoever it is. I also live very rural, so we don't have many pedestrians or vehicles for that matter.

Sounds like you did the right thing, calling the police is a judgement call. I wasn't there and don't know if I would have called or not. Response times out here range from ten minutes to an hour and a half.