Lafayette Blue update

That land owner should have been arrested and charge with assault.

If he didn't assault them, how can he be charged with assault?

Russell

[Cindy]

Not that it happened but heat exaustion can cause death. I don't think that holding a gun on someone and making them pass out or die from heat would be something that they would not go to jail for in this day and age. I may be wrong on this one, I'm not a lawyer. Cindy

[Angie Reim]

I totally agree! Back in those days in those parts of the woods they were lucky I guess that the land owner called the Sheriff. That's shoot first and ask questions later country. That story is at least 15 years old, maybe 20. How are your caving adventures going? Cindy

Yeah. Some people are just weird like that. I have a 'neighbor' who lives on 10 acres. The entire property is fenced with barbed wire and posted every 5 ft. that all tresspassers will be shot, etc. Another neighbor's horse wandered through the open gate of the 'weird' guy's property - you could see the tracks leading into the gate. You could see the horse in the front yard from the gate. The horse owner asked if he could come in to get his horse. The 'weird' guy refused and said he could just wait until the horse wandered back out! Geez. When he could see he was going to get nowhere the horseowner said 'Well it ain't a drug sniffin' horse ya' know! ' He got cursed and no horse. Next day the horse wandered home. Some people are just paranoid/aggressive like that - for various reasons I suppose.

Why'd that sink owner hate cavedivers? Dunno. Maybe one was a jerk toward him once. You never know. Pays to be nice sometimes.

[Kelly Jessop]

Why'd that sink owner hate cavedivers? Dunno. Maybe one was a jerk toward him once. You never know. Pays to be nice sometimes.

Good point

[curtschu]

Florida Statues define assault as intentionally putting a person in fear of bodily harm, (paraphrase)(as in pointing a gun at them). Simply stating to a person "I'm going to shoot you" while holding a gun in hand would be an assault. Since the person has a reasonable expectation that you have the ability to carryout the threat. I think you are confusion a Battery which is the intentional touching of a person without their permission. As Assault is a lesser included offence to Battery this is why the charge is really not "Assault and Battery" but just Battery...... Yes I used to be a cop.

I could not help myself had to look it up.

) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Curt

Good try. But if you are trespassing on a person's land, and he holds you at gunpoint until the police arrive, it's not assault. Anywhere.

Russell

[curtschu]

If that diver were to die he would be guilty of culpable negligence. The legal use of deadly force is not authorized for Trespass in any way shape or form. If those divers were to just turn and walk off the property that owner has no right to use force to affect a citizens arrest. Trespass is not a felony involving force or bodily injury. If you wanted to REALLY stretch I guess you Might be able to charge Armed trespass since the divers probably have a cutting device on them. But still nope. No right to shoot as much as we might think so "Trespasserrrrs w'll be shot" spelling for affect.

Don't get me wrong I am in not way advocated folks trespass to dive I just wish people would think before brandishing a gun. I would have no problem what so ever with the land owner holding his gun in his hands and escorting the trespassers off his land and having the local deputy issue a trespass warning. By the why that’s just another can of worms..

My point is it's gets very complicated real fast when you start point guns at people. Trust me I've done it many times.

It would be a real shame to explain to someone’s kid you shot his dad because he stepped on your land. we don't live in 1920 Appalachia

[JP]

Good try. But if you are trespassing on a person's land, and he holds you at gunpoint until the police arrive, it's not assault. Anywhere.

Russell

I dont beleive that is a true statement. I don't think you have a legal right to hold people against thier will just because they are on your property, I think if you have people on your property AND they refused to leave you could get a sheriff out there and cite them AND the next time they returned you could have them arrected for Criminal Tresspass. I dont think you would have the right to Hold them at gunpoint in either case. First tresspass or second.

There have been alot of new laws put on the books recently in Louisiana that deal with tresspassing on private land, mostly to remove the landowner of liability if the tresspassers got hurt.

I'd be willing to bet that landowner could go to jail for holding people on his prob with a gun. Depends on th DA I guess

I guess I should have prefaced it by stating that I'm not an expert on Florida law. However, I do know the Georgia law to some extent, and here is what the Criminal Code of Georgia says in section 16-3-24(a):

"A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
(1) Lawfully in his possession
(2) Lawfully in the possession of a member of his immediate family; or
(3) Belonging to a person whose property he has a legal duty to protect."

Everyone's aware that, in Georgia, if you break into someone's house and he shoots you, the law considers it justified. The above statute shows how it also applies to one's property and stuff.

Again, I should have acknowledged that my knowledge of the law applies to Georgia. I wouldn't be surprised, though, if Florida has a similar statute.

Russell

[JP]

I guess I should have prefaced it by stating that I'm not an expert on Florida law. However, I do know the Georgia law to some extent, and here is what the Criminal Code of Georgia says in section 16-3-24(a):

"A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
(1) Lawfully in his possession
(2) Lawfully in the possession of a member of his immediate family; or
(3) Belonging to a person whose property he has a legal duty to protect."

Everyone's aware that, in Georgia, if you break into someone's house and he shoots you, the law considers it justified. The above statute shows how it also applies to one's property and stuff.

Again, I should have acknowledged that my knowledge of the law applies to Georgia. I wouldn't be surprised, though, if Florida has a similar statute.

Russell

In my mind the statute you posted clearly shows the land owner WAS NOT in his legal right. The key part is "to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass "

Were these divers refusing to leave? Did he order them to leave and they refused? That guy would go to Jail in Georgia or Florida and he is lucky he didnt get arrested that day!

With all due respect if you didnt understand that pointing a shotgun at someone was assualt then I would leave the legal arguments alone.