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Mysticthunder

Is it Criminal or Misdemeanor to point a loaded gun at a person from 4 ft. away?

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While trying to give a neighbor a copy of survey papers HE had asked for over a year ago, that included an apology letter for having taken so long due to multiple back surgeries, by a disabled 52 year old, 5'6", 145lb white woman,whose house sets behind theirs, this neighbor told her not to come onto his property. She tried to explain as she walked over to the property line but did not cross it, that she had some papers for him that he had asked for. he told her he didn't want them. She then informed him she would mail them to him instead, when he spun around and faced her , pointing at her to stay there he had something for her as well and he ran up to his house. The woman stepped back even further to make sure she was NOT on his property line and on the neighbor's in betweens yard, when he came out and sprinted down to her. He had a black glove on his left hand and was holding another black glove in his right, when she heard the sound of a bullet being chambered and could finally see the 45 cal. in his left hand that was black as well so it wasn't easy to notice since the man is a black man, 6 ft. + and weighs approximately 220+ wearing a black glove that held the gun. He used the other glove to pull the barrel back thereby chambering the bullet and wiping prints off the weapon at the same time. He then informed her to leave, he had called the cops already. Meanwhile 2 witnesses that were at the woman's house in her drive when this happened, were on the phone with police when they saw the gun. They also had partial video tape of him telling her to wait with papers in her hand. The cops came with deputies to his address and the woman was in total shock she was frozen. One police office came to her and asked her what happended and she told him what happened. he then left her standing there and went up the graded hill to where the other law enforcment were at.

 

The woman is also a Diabetic and the heat of sun was starting to get to her as were the shakes starting. Finally the police office came back and asked if she want to press charges and she replied, " I don't know, give me a minute to think...Yes!" this office ignored her and lead her over to her witnesses to get their story as well.

 

Being in a state of PTSD at this time she wrote out her statement, thinking she had put everything down she could think of and was told by this same officer that the Gun Totting Man just wanted to be left alone and she do the same. She told that's all she had ever wanted but now she was terrified for her life as she lives alone behind this man and has to walk 25 ft. from him in his back yard to get to her mailbox. She also informed the officer she had noticed an escalation of anger over the last couple of years and now it's ending with him pulling a loaded gun on HER. HE won't hesitate to pull the trigger the next time he gets angry!

 

The law enforcement told her they would speak to the prosecuting attorney in the morning and each one of them shook this MAN's hand and left.

 

The woman ended up having a Diabetic Shock when she got back into her house.

The following morning the woman called the police to speak to the officer that took her statement but he was off that day, so she asked to speak to someone that could tell her if the weapon had been confiscated. After speaking to 3 different officers, she was informed that NO, he still had his gun because he had put it away. She then called the Prosecutor's office and was put on hold 3 times by his secretary and then finally was told he never had a meeting with the officers and never saw any papers on the issue.

 

Seeing that she was getting the runaround she went up to the city administration building and was told that the Prosecutor was also the Law Director of the City and he had lied to her to protect the city because he knew that the police had screwed this up badly.

 

She then found and saved a message from an officer that had stated that there would be no charges against the MAN as he felt threatened by the woman and he had every right to protect his property she was not even on. If she had any questions to call the police station or the prosecutors office.

 

First of all, what threat did this woman do to make him feel afraid? Was he in fear for his life he may get a paper cut?? Why was she treated as if she was the perpetrator and not the victim and why did the police NOT protect and serve. Why did the officer she spoke with tell her that "He went a little overboard" and ignored her wanting to press charges" . Going to the City Safety Director after having a meeting with the Police Chief who informed her that they had told him to put the gun away! Why? So they wouldn't have to confiscate it and find that it's a stolen gun he got from his next door neighbor who just got out of jail for selling stolen guns? 

 

Why is it that because she is disabled and has NO money, NOT one attorney will help her and make what is very wrong...RIGHT? Is this situation not considered Agrravated Menacing with Intent, by the State Of Ohio?

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Not sure what possesses folks to post in all bold-faced (in this case also combined with italics), but in future, please don't.

"HE won't hesitate to pull the trigger the next time he gets angry!"

The person who thinks this cannot know this.

 

"The woman ended up having a Diabetic Shock when she got back into her house."

Not entirely sure what the point is for mentioning this.

 

A person's weapon won't automatically be confiscated.

 

Being told by prosecutor's office that they hadn't talked with police is not being given "the runaround", but never mind.

 

There's no indication that police officers had "screwed" anything up.  Of course, we cannot know what "she" was calling them about  or how many times she called, rather than giving it a few days.

 

"First of all, what threat did this woman do to make him feel afraid? Was he in fear for his life he may get a paper cut??"

I'll treat these the only way I can:  as rhetorical questions.

 

"Why was she treated as if she was the perpetrator and not the victim ..."

There's nothing in your description to indicate that "she was [treated] as if she was the perpetrator" of anything.

Ultimately, she would confer with the prosecutor's office; it is up to the prosecutor whether to pursue charges.  She's free to talk with a criminal attorney in the area and ask about the state's laws with regard to taking the matter directly to a grand jury, to seek an indictment.  (Still, in the end, it is up to the prosecutor to decide whether to proceed.)

I don't know how she'd know it was a stolen gun (unless she has the serial numbers off it, etc.).

 

"Why is it that because she is disabled and has NO money, NOT one attorney will help her and make what is very wrong...RIGHT?"

It's unclear to what you're referring here.

 

"Is this situation not considered Agrravated Menacing with Intent, by the State Of Ohio?"

That's not for a stranger to decide based on information provided.  If she believes it was, then she's free, again, to talk with the prosecutors (and your state legislative representatives), as well as a local attorney about whether she's free to present information to a local sitting grand jury.

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My guess is that the man in the house told a different version of events than you did. He was in his home, and he does have some rights to protect himself in his own home. You had the option to simply walk away, and that's probably what you should have done. I can't imagine these survey documents, whatever they were, were that important to stick around when he was obviously aggravated that you were approaching his property. He didn’t actually shoot the gun, so there was no physical harm caused. He evidently told the police he felt threatened, and that is important, too. You know you didn't pose a threat to the guy, but from where he stood he might not have felt so certain you were not a threat. The prosecutor must prove to a jury beyond a reasonable doubt that a crime was committed here. The jury will only have the evidence that is presented in court to make that decision; they obviously won’t have seen it first hand. Though you may be convinced it would be an easy case to make, you are biased because you were a participant in the conflict and have a particular view of it based on your own knowledge of your actions. A jury may not see it the same way. If the prosecutor believes that it will be tough to make that case, the prosecutor is likely to decline prosecuting the guy. In short, it’s not clear that the prosecutor has done anything wrong in declining to prosecute this guy.

 

The bottom line, though, is that you cannot force the prosecutor to go after this guy. You can try to persuade the prosecutor to do it, but there isn't any action you can take to compel the prosecutor to do it.

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She's free to talk with a criminal attorney in the area and ask about the state's laws with regard to taking the matter directly to a grand jury, to seek an indictment.  

 

She is free to do that, sure. However, what the attorney will likely say is that this is not possible in Ohio. Nothing in the Ohio Revised Code Chapter 2329 that provides the rules for grand juries says anything about citizens bringing complaints to the grand jury. Instead, section 2329.10 provides that the prosecutor has access to the grand jury, including in some instances the attorney general or special prosecutor. 

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Your post makes an AWFUL lot of assumptions that you are treating as established fact. The gun being stolen (you cant't possibly know that), the fingerprints (why would he need to wipe fingerprints off of his own gun?), the prosecutor's beliefs about the police (I seriously doubt he told you that he was going to lie to protect the police from a lawsuit)....especially since you have no grounds for a lawsuit against anyone other than the man himself. For some reason, you're jumping all the way to "it's a vast conspiracy" when you have absolutely no basis to support that. Essentially, your post comes down to this...someone did something that you think is criminal, the police did not make an arrest that you think they should have made, and the prosecutor's office is not pursuing criminal charges against the guy who didn't get arrested (not that you gave them much of a chance...I agree with Fallen that them not giving you the answer you wanted THE NEXT DAY does equal "getting the runaround"). Ultimately, it is up to the district attorney (or whatever they're called in OH) to make the call as to whether a criminal prosecution is warranted, and if he or she feels that it is not a case that can be proven beyond a reasonable doubt, then he or she will not pursue it. If you haven't already, you should try to schedule a meeting with the district attorney and ask for an explanation, which I'm sure you will be given. However, if you go in to that meeting and start attacking his or her integrity by spewing your conspiracy theories, you will likely be told not to let the door hit you on your way out.

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OP should have never ever approached this man or went on his property or even came close, much less trying to hand deliver papers to this animal or baiting him on by standing on his property line holding out papers.  (that he supposedly asked for).   This is the type of individual you deal with only through registered mail and the courts.  

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