Under age Gangbanger Tagging my Work Truck

About a month ago I went out to start my truck for work and noticed some little punk "tagged", or spray painted my truck.
I was needless to say enraged. I quickly grabbed the rubbing compound and scrubbed it off with 4000 grit wet sand discs. It came off succesfully. The next night I had a hard time sleeping and was pacing every half hour checking out the window determined to catch this person. Around 1:30 AM I was about to turn in and checked out the window on my truck again and saw what looked like a black coat or a shoulder sticking off the side of my truck. I grabbed a bat and ran outside quickly. He must have heard me cause he was already 20 yds away riding his bike. I called the sheriff and they came within minutes as they normally patrol my area because of frequent neiborhood problems. I looked across the way as I saw a kid on a bike riding to a stop with the sheriff's lights and spot on him. I walked over there and watched as they pulled 6 cans of paint out of his back pack. Finally I caught someone. Now my question is what can I do to protect myself against a minor legally, can I swing on him and cuff him, till the sheriff shows up ? Can I draw my 45 and hold him at gunpoint not knowing if he's armed ? Also if this was an adult vandalising my property what can I do using the same scenario ? I live in Washington State, as far as laws are concerned just for info sake. Thanks for the help. :argue:

Well in Ohio (correct me if i am wrong) if you handcuff someone who has not commited a felony ( ie citizens arrest) that is an unlawfull detention and they can civaly sue you. If it was me i would just continue to do what your doing, calling cops, as it is working but also it doesnt hurt to be armed because you can never tell how a person may react.

You should read the Washington State revised statutes on the use of force, the use of lethal force, and the defense of persons versus property. Among others ...

WA RCS Title 9 -- Crimes and Punishments.

WA RCS Title 9A -- Criminal Code.

Specifically in regards to "defending" the painting of your vehicle via use of a baseball bat, I think you'd have a very bad time of justifying the actual use of it court, unless you yourself were actually violently attacked.

WA RCW 9A.16.020 -- Defenses: Use of Force

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Originally Posted by chuck2780

Now my question is what can I do to protect myself against a minor legally, can I swing on him and cuff him, till the sheriff shows up ? Can I draw my 45 and hold him at gunpoint not knowing if he's armed ?

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Why on earth would you want to draw a gun on a person (minor) for spray painting a truck? That makes no sense at all.

BTW, was the minor with the 6 cans of spray paint charged with anything? If so, when is the court date?

(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;


They key to this part of the RCW's is "force is not more than necessary." I would say running out armed with bat or even your gun wouldnt be a problem. But if you draw it you or swing you have to prove that you felt that they where going to endanger you or your property further. And that useing either of those two things where necessry to prevent the crime." oh I also belive that the crime you are trying to prevent must be felony..

I would not trust any criminal to be unarmed, no matter how young.

I don't know what I'd do in this situation. Probably just call the police as you did. Can you install some motion-detector lights and a camera?

It's a good idea to be armed just in case but I don't think you should draw on a minor unless he presents a weapon, especially when you are confronting him over vandalism.

Also, and a bit off topic, but in the future you can just use clay (detailing clay) to get the spraypaint off the van. No need for wetsanding.

Meguiar's sells a decent basic kit at most any automotive store or Wal Mart.

in tennessee, pointing or otherwise threatening someone with a firearm when your life or someone else's life is not in jeopardy is considered aggravated assault. however, you do have the right to use physical force to keep someone from taking or defacing your property.

Another sign of the times. juveniles iwth nothing better to do than vandalize others property for ejoyment or initiation.

I would say to keep calling the cops, and maybe cosider use of video camera, and motion sensing flood lights. I have the motion sensing floodlights on all four corners of my house. No one can come into yard without triggering the floodlights.

There's nothing much you can do. Just be a witness, call the cops, do the motion-lights/camera thing but that's it. Anything more drastic involving drawing or some form of brandishing may be asking for trouble. Plus you will be violating on of the golden rules: don't point the gun at anything you don't want to destroy.

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Originally Posted by CyberGuyPR

There's nothing much you can do. Just be a witness, call the cops, do the motion-lights/camera thing but that's it. Anything more drastic involving drawing or some form of brandishing may be asking for trouble. Plus you will be violating on of the golden rules: don't point the gun at anything you don't want to destroy.

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Good advice!

:35:

Thanks for the replies so far. I don't want to ever have to draw my weapon or beat someone with a bat. Luckily I have never had to. Just wasn't sure of the laws in that situation. Thanks again for the advice. I am looking to get some wireless camera's and a simple beeper style motion detection system. Probably like most people who carry with a permit, I have a set threshold point for when or if I would ever draw my weapon. For me it would be if someone was coming at me with a weapon with the intent to harm or kill me. But for simply vandalizing of my vehicle I don't think I would be able to justify drawing my weapon or swinging a bat at the offender, only if he turned on me and was trying to attack. Thanks again...

I would never want to draw on anyone especially someone not trying to harm me. I was simply asking the questions that were on my mind. Cause when your in the heat of the moment, and your confronting the offender, your mind and adrenaline are going so fast its nice to get the facts of what is or is not appropriate concerning the type of conduct to bring to the table. I was squeduled to testify for the state last week against him with other business and homeowners, the officer said he has around $40,000 in damage against him and the clerk said he was still in Juvi since a month ago when he was picked up outside my house. He must have pleeded guilty cause the hotline you call into didn't have his case listed for further dates. As upset as I was when this happened twice. I feel sad for these kids who have nothing positive in their lives to focus on to keep them out of trouble. I'm not excusing what he did but still think its sad for these young kids.

My thought on being armed is, I hope you were (more than the bat).

1- You didn't really know that this was a minor did you?
2- Even if it was I know there are a lot of minors out there who would/could do me great bodily harm.
3- Who else may have been hiding out watching him? (other gang members?)
4- Better to have and not need vs. need and not have.

Glad this turned out safely and with an aprehension.

BTW- The clay mentioned earlier is called "clay bar" and the stuff is incredible. It was designed to remove paint overspray for body shops ect. When I detail a vehicle I use clay bar to rub down the whole thing to remove contaminates in the paint before waxing.

Dan