I’m writing anonymously because I’m facing misdemeanor charges for spraying a trespasser with mace. Our county has an anti-self defense district attorney. Being next to three fraternities, I’d been having problems with trespassers; this was third time I saw them. (There was evidence of past intrusions; I’d videotaped it and will submit as part of my legal defense.)
To prep, I’d purchased a mace-pepper spray-UV dye compound in a canister about the size you see for bear, with a range of 20 feet or so.
I saw two trespassers in the side lot from the kitchen, where I leave lights off late at night in order to see out (I’m not paranoid but do my rounds every hour or so on weekends.)
I crossed the lot to intercept them. I wasn’t giving myself away but wanted them to react, stop, or retreat–the first one did none of those things. I knew when the perp kept going that I had to spray, being that there were two of them coming down the hill, deeper into our lot.
It was pitch black. I knew I had to hit. If I missed number one, number two would be down the hill coming at me. So I unloaded with a controlled burst at the minimum range just outside of hand-to-hand combat. It streamed straight, I think. Then I gave a very small curl with another shorter blast. Again, it being dark, I had to try and hit. I might have heard it splatter, but not sure. Like an automatic weapon, I held the button depressed about two seconds total (beeline on the long first one, second shorter and just a tiny bit circular.) He continued walking at first, as if nothing had happened. Three seconds then his hands went up to face and he swore. I’d hit. Where was #2? Find him…now…. I didn’t know how far behind him #2 was, but I’d accomplished my top priority, which was avoiding hand-to-hand with #1, which would make me vulnerable to #2 big time. And #2 surely had seen or heard the spray, or #1’s reaction (confused) so he’d be deterred from advancing. Turns out he’d retreated back out to the front. Deterred. Back to #1. Tell him to get off the property. He’s hunched over. No longer a threat.
Post action, the mace container seems to be about 1/3 full or so. The cop commented how much there was on the perp. I refrained from smiling or expressing any joy from his suffering. I simply wanted him and his friend off the property. I took no pleasure in spraying him.
The cop was bright eyed but young. I was friendly, let him in. Explained it like I am now, minus the edge. My demeanor probably kept me from jail. He’d been summoned by the “victims” who have since been given restraining orders against me. BTW, the restraining order drastically reduces my second amendment and puts the perps–who turned out to live in a frat next door–a reason to provoke me. Gotta be careful.
The officer brought up the need for light, which he swore would act as a great deterrent. I agreed. I’d wanted one. But see I look after my dad with Parkinson’s (ever try and convince someone with that?) and don’t have the money to get a fence or light up, but he’s now paying for it. My legal costs will be high(er than a fence), but I hope I succeeded in deterring future aggression. In the meantime off to court I go.
I’m trying to stay okay with cops. The D.A. will be harder not to hate. The officer asked for a voluntary statement which I gave the next day, said pretty much the same as I had during the initial interview. No lies or distortions; Joe Friday’s “just the facts.” The Assistant D.A. used it against me! Later, my attorney said that giving the statement showed I “had no understanding whatsoever about how the criminal justice system works.” Lesson learned. Still, I need the cops because we get noise, drunks, drugs, all the time near where I live.
Completely alone without police though. Campus security non-existent. I thought I’d be proving myself innocent by my forthrightness. Not so. Next time (God forbid) I’d shut door on cop, say “get a warrant,” and speak to a lawyer or no one. Unfortunately that approach would have gotten me arrested that night. Being hauled off is a troubling issue if the “victim’s” friends go for some payback against my defenseless dad and our nice property (they’ve vandalized it before.) House is indefensible without me (lacking fencing, it’s purely an organic defense.) She’s a beaut and worth trying to hold despite more aggressive students. Worth jail to protect.
The incident raises huge issues about what to do in these circumstances. The law is being interpreted out of context by an overzealous D.A.. A lot of people in town come up and express sympathies, saying I was on my own property and within my rights. One old lady even came out and told me about another incident involving students from the college which never made the paper (unlike my action, which did.)
I’m so relieved I didn’t have to fight hand-to-hand. Especially one-on-two. I’m big and train for hand-to-hand but never want that. A gun would have been ineffective because the perps would have ignored it. Using a gun would have landed me in jail for years. My dad would have lost his sole caretaker and the criminals would be all over our yard and porches with no one to defend them.
This is an Amerika where caretakers are targeted by opportunistic predators lurking outside at night. It’s the ultimate example of being exposed to crime and vulnerable to a legal system that prays on honesty. We’re in an age where the criminals have rights and can come on your property expecting to sue you or take your freedom for defending your property. And if you use a gun, you could spend decades in prison. Try to stop the criminals and you’ll be made into one. They never used to be this aggressive so often. This is TEOTWAWKI. Here. Now.
The best option, to call police, hadn’t worked previously as they’re too few and they come too late. So you really are on your own. I’m inclined to think that I should find a more defensible location, but with my handicapped dad, it looks like that’ll be hard. Plus, like I said, it’s a classic home. One worth defending. At any cost. Something really bad could happen to me–a knife was thrown into my driveway–but I’m not going to cower in fear with the Sheeple. I wonder if the D.A.’s intent isn’t to squelch those who challenge the police’s monopoly on the use of force. (A frightening implication indeed.) The price of standing up to criminal activity might be my life. Yet I fear no man and trust in God.
My advice: you might think about how easily you can cap the intruders but don’t rely on guns alone. And if you absolutely have to interdict (i.e. the intruders stay around or don’t get off your property) then do it the way I did. I could have called the cops–again–but I felt I had no choice but to deter the intrusion, not only that time but to intimidate others, as the word gets out when you take a stand. Firearm use would have demonized me in the community. Some shun me now, but I’ve actually made a lot of friends. And be ready to answer, in court and in jail if need be. The D.A. will need a lot of help from a jury and judge, so I’m confident that I’ll defeat the charges. If not, I’m willing to accept the penalties. I’ve had no criminal charges filed against me for 26 years. And maybe, best of all, the dumb perp may be able to tell all his friends about his mistake. I’m hoping this’ll cut down on future trespassing, especially with a new fence and lights. It’s a price to pay, but worth it to possibly save a life, even that of a perp, who in the end was just some dumb kid making a poor choice, not someone who really deserved to die for it. You may think you’ll pull the trigger, but remember you’re human and they are too. Then again, if you’re not willing to do what you have to, don’t pull the gun in the first place. Grab the mace instead (and hope they aren’t armed!)
You might be able to confront them vocally, but don’t count on it. The intruders might choose to ignore you, or could be high, drunk, disturbed, etc.. Sometimes the best deterrent is the willingness to strike. Still, deterrence can’t work unless future would-be intruders know of you willingness to use force. Some might try and thrill-seek, but chances are they’ll go elsewhere knowing what you could do to them. That’s the whole point of deterrence after all. In a small town, people remember stuff like this, which can make a big difference at TEOTWAWKI, when the gangs are dividing up turf and choosing prey items. Then again, the mace might invite the use of more powerful weapons in some future retaliatory raid. So it’s not a win-win to use force. Yet I have proven that I’ll confront evil and criminal acts, at night, on my property. That means something.
JWR Adds: Our natural tendency as law-abiding citizens is to want to explain and justify our actions. But unfortunately in modern First World countries we live in very litigious societies. I concur with the sound advice in this law professor’s lecture: Don’t Talk to Cops. (View Parts 1 and 2.) Be calm and polite, but just refer them to your attorney. Here in the U.S., conviction of a felony means automatic disenfranchisement (forfeiture of your right to vote), and forfeiture of your right to own firearms. Don’t put yourself at risk!
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