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He would not survive in LA (Lower Alabama)! The last attempted home invasion in our city resulted in the reprobate being shot and killed
by the 74 yoa resident/business owner! That was the last and only home invasion and homicide in our city for the past 5 years!
 

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People should not have to live in fear of this guy because the Police or the DA will not do their job.

The first person to pull a gun on him will find out if he is violent or not. The guy will either do as he is told, run, or attack the homeowner. The one he picks could very well determine his future.
 

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The failure to arrest is probably related to the fact that since Covid-19, Loony Lena Hidalgo, our Harris County judge is on a tear to empty the jails even though she lacks the authority to do so. Since this person has not been violent, the police just take him home.
Not violent YET! Breaking into my daughter's bedroom? ER is a minimum effect. Sad it seems one has to put locks on one's bedroom door, keyed locks or one of those deadbolt things.
 

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So how does he get in the house? Doors unlocked? I doubt it. Picking the lock? Doesn't sound mentally challenged, but rather socially dangerous. Breaking in? Sue for damages.
 

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We have a strange situation going on around here. Briefly...

We have had an actor sneaking around the nearby neighborhoods in the wee hours of the morning. He also appears to enjoy breaking into homes - occupied homes, no less. Three days ago he broke into a home at around 2am and attempted to gain entrance to the teenage daughter's bedroom upstairs. He would have succeeded had the homeowner not interrupted his exploits. Police were summoned. More on that in a second.

He was caught on security cameras and identified. Turns out he is known to neighbors AND police. His address is known as well as his parents. He graduated from a local high school in 1999, so he isn't a child! A couple of neighbors suggested he is mentally challenged ( duh! ). Others who knew him in school said he was all kinds of trouble during those years, so he has a history.

Now here is where the situation gets very dangerous. The police did not arrest the subject, they TOOK HIM HOME. It turns out this is about the 5th or 6th time they have done so after he broke into a residence. Every time they take him home, in a few days there is a repeat of this behavior.

People on the neighborhood app are talking...loudly. Out of a hundred or so posts by residents, I stopped counting at 50 saying get a gun and use it. There are quite a few new gun owners, and lots of women saying they are terrified. Everyone wants to know why this is allowed to continue.

I have said nothing, and intend to remain silent. Too much risk of catastrophe, in my judgement. The neighbors are in about three camps: shoot him, have him committed, sue the police department. There is a defense attorney who lives in this area whom I have spoken with a few times, and he is stunned at the reaction of the police in all this.

Maybe there is some good that can come out of this situation. We can use it to ponder how we would react - and pray we never have to confront such a dilemma.
Suggest to the neighbors that there is one more option. Suing the police won't get action but a suit filed by all the affected neighbors against the Home Owner for keeping a nuisance that lowers everyone's property values! This way you are suing for tangible damages that you all have suffered, And if they don't act you have the property to take. They will either pack the offender off to be someone else's problem[ most likely outcome], Have him committed, Or loose the property and have to move. Either way your neighborhood is better for it! Good Luck. DR
 

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So how does he get in the house? Doors unlocked? I doubt it. Picking the lock? Doesn't sound mentally challenged, but rather socially dangerous. Breaking in? Sue for damages.
Someone being mentally deficient/challenged does not mean they cannot do certain tasks. It means that they are incompetent in core areas and cannot function left on their own. Depending on the issues they have, and the overall severity, one cannot judge what the individual is capable of. We have one of the best special needs programs in Wisconsin, and the range of abilities for some of these poor souls isn't a small stream, it's more akin to the Grand Canyon.

Of course, people tend to place spare keys in easily locatable places. Many still don't lock their doors. He could have even gotten into an unlocked car and used a garage door opened. We don't have enough details beyond the act the individual has a moderate to high degree of cognitive ability. Their actions prove that much. They did know enough to reach the daughters room which says a lot.
 

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That question comes up in concealed carry class. "Do you really want to shoot little Johnny from down the street if you find him trying to steal something from your home in the night?" It's a question we all have to ask ourselves if that should happen. Is he a threat to your life and safety?

In this neighborhood problem who knows how this will be handled some dark night. In case he were to ever become violent it makes one think about relying upon a handgun instead of something else that will end the situation more quickly. It also makes one wonder about someone ***** footing around your house at night and seeing your gun near the bedside. Scary stuff.
Short answer is "No". But if I caught him in my daughter's room his family would be planning a funeral.
 

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I am not sure about how the law is enforced in your neck of the woods but around here, you don't have to secure the blessing of the police in order to file a criminal complaint against any person. You would have to meet a certain standard of evidence but that goes without saying. As a personal rule of thumb, if a crime has been committed against me and I am troubled by it, I will seek an arrest warrant with a local Magistrate. Someone walking into my house uninvited is a little bit of a problem. That's for sure.
 

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Way past time to lock that guy up for his own good. If they know he has mental problems then he should be somewhere where they treat mental problems. I am having a hard time understanding how this guys buys enough time to stay alive after he is caught in peoples houses. Sounds like everybody in the area knows about this guy. I would probably be so scared if somebody broke into my house at night that I wouldn't be thinking of little Johnny down the street. I have always thought that the people who survive home invasions are the ones who shoot the bad guys before they can shoot you.
 

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Call the chief then call the DA. If that doesn’t work call the local news. Make it uncomfortable to protect this guy.
 

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@Fizban what you say is true, but that doesn't mean the DAs office has to do anything with your complaint. Unless you are trying to secure a restraining order.
 

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Discussion Starter #33
Victims "pressing charges" is an urban myth bolstered by the entertainment media. An individual cannot press charges. Only a prosecutor or grand jury can. A victim can make a compliant, provide evidence and request that charges be brought, but it sounds like that has happened here and the prosecutor has not acted.

If I were one of the homeowners, I would bring this to the media. If they published the story, that would put a lot of pressure on the cops and prosecutor. The homeowners could also apply for a restraining order, which would put the perp in contempt of court if he is caught violating it. The cops and the prosecutor may not be able to ignore that.
Not really "urban myth". Concerning the right of so-called "pressing charges"...

This type of action is called “private prosecution.” A private prosecution is a criminal proceeding initiated by an individual or private organization instead of by a public prosecutor who represents the state. Public prosecutors (i.e. district attorneys) today conduct almost all criminal prosecutions. The United States Supreme Court has quashed the right of private prosecution in federal court. Under Leeke v. Timmerman, (1981), 452 U.S. 83, the Court affirms the precedent in Linda R.S. v. Richard D., (1973) 410 U.S. 614, which denies the right of private prosecution, and serves as a bar to criminal prosecution in federal courts by persons not federal government employees. There may be an exception when a federal court appoints a private attorney to prosecute a criminal contempt action if the executive refuses to prosecute. Young v. U.S. ex re. Vuitton et Fils, (1987) 481 U.S. 787.

Regarding state private prosecutions is a different matter. Some states do allow a complainant to either file a request for an order to show cause or to actually prosecute as a private prosecutor. However states usually do not allow private prosecution on cases involving serious crimes or in situations where a public prosecutor has expressly refused to prosecute the defendant. Other states allow the use of private attorneys to assist the state in the prosecution of criminal cases.
Pressing charges has become a slang for giving a victim statement which makes it easier for police to establish probable cause to seek an arrest warrant. I won't go through all the details of that process of establishing probable cause. You can look it up and be aware it varies from state to state. And yes, a victim of a crime may insist a law enforcement officer take a statement about the crime.
@dangerranger You must be reading someone's mind. My neighbor next door suggested they contact the HOA. They are the closest thing we have to a Nazi Party, ( :ticking: :aargh4: ) but they can be helpful in a situation like this. We'll see what shakes out.
 

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@Fizban what you say is true, but that doesn't mean the DAs office has to do anything with your complaint. Unless you are trying to secure a restraining order.
Sir.. you may not be aware of how it works in our courts. The DA has nothing to do with local Municipal Courts. Sure, a Prosecutor might move to drop the case but that is the same with any case. I wouldn't worry that far ahead, I would simply avail myself of the system and hope for the best.

Not really "urban myth". Concerning the right of so-called "pressing charges"...
exactly.. citizens (on their own) file criminal complaints and secure arrest warrants in our local courts each and every day. Its one of the main functions of our local Magistrates office

Pressing charges has become a slang for giving a victim statement which makes it easier for police to establish probable cause to seek an arrest warrant.
Citizens can do this on their own in our local Courts, they simply make an appointment to present evidence in an effort to establish PC with a Magistrate. The Magistrate will either issue the warrant or not.

The Nation is rather vast and the mechanism for enforcing the law can vary substantially from place to place.
 

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They keep bringing him home.
Who is at home with him?
Who is responsible for him?
If they can’t control him, he should not be living there
 

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Assuming that you live in an incorporated city, and the LE showing up is CITY police---Have the HOA, en mass, show up at the Mayor's Office. Have placards!! Big signs!!! Tip off the local media before hand.

The Police Chief works for the MAYOR. Make a huge public spectacle. Politicians HATE bad press.
 

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Victims "pressing charges" is an urban myth bolstered by the entertainment media. An individual cannot press charges. Only a prosecutor or grand jury can. A victim can make a compliant, provide evidence and request that charges be brought, but it sounds like that has happened here and the prosecutor has not acted.

If I were one of the homeowners, I would bring this to the media. If they published the story, that would put a lot of pressure on the cops and prosecutor. The homeowners could also apply for a restraining order, which would put the perp in contempt of court if he is caught violating it. The cops and the prosecutor may not be able to ignore that.
As other poster suggest civil suit against person providing him a place to live. Also maybe against house breaker. But civil suit not effective if person has no funds, but maybe there is trust fund or something to go after.

Beyond that most State have some form of right to know or freedom of information act. Now often law enforcement is exempt from having to respond especially to specific cases. But you could file requests on policies for handling arrests of mentally impaired people. You could also file information request on other subject, like paid over time policy, handling of police officers charged with domestic abuse, officer with drunk driving convictions, handing of excessive force complaints. You ask what does this have to do with specific problem? Answer nothing, it is harassing the police and letting them know you will be on their case until they address this specific problem.

If you find potential "dirt" on any subject from your information requests try to get media involved in pursuing that as well.
 

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I don't disagree with you, but I'm not the County Judge or Chief Avocado of the HPD.
I don't need the County Judge or any police chief to protect my family. Even if someone is obviously drunk, they only get a pass so far. How do I know they're not faking it to gain access and sympathy? They make any threatening move, I'll deal with it.
 
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