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Having someone with mental problems involuntarily committed isn’t easy. Generally, you have to show they pose an imminent threat to themselves or others. The key is “imminent.”

The fact that this guy hasn’t even attempted to harm anyone yet could actually be used to argue against involuntary commitment.

Have the neighbors tried to talk to whoever this person lives with?

Hope this person gets help, as this is a tragedy waiting to happen.
 

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Not really "urban myth". Concerning the right of so-called "pressing charges"...



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.
This is what we do with gang houses. Everyone says theres nothing we can do. But the home owner gets charged [in our state $1500 per complaintant] suddenly they find other suitable renters. When you start taking money out of there pocket suddenly they care! Good luck. DR
 

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I'm not current on California law, but back when I was, someone who unlawfully entered an occupied home in the dark of night was committing a form of burglary, a very serious felony.
There was a presumption, because the home was occupied and because it was nighttime, that the trespasser's intent was to do the occupants some sort of physical harm, in defense against which, deadly force might be legally used.
Further, at that time, the legal definition of "burglary" was to enter a home not your own in the dark of night. Entering the same place in daylight was something else (a form of "robbery," I believe).

It may be that other states have laws similar to those which were applicable in California at that time, and that similar definitions may even still apply.

It may be that a useful argument against the trespasser in question in this thread, and also against his family and the local police, would be that the trespasser is incompetently putting himself into deadly jeopardy, and that he should be placed into custody to keep him from being harmed by the owner of the next home he unlawfully enters.
 

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Sounds like a call to one of Houston's news channels is in order. This is a local story that's not connected to C19, so they might be very interested in getting some REAL news on their evening broadcast. Give 'em an exclusive. See how the chips fall when all of Houston becomes aware of this bizarre story.
 

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A final solution to that problem is leak to the press that the miscreant is going to testify against the Clinton's! Problem solved!:blink:
 

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Discussion Starter #47
I am encouraged to see so many people putting some thought into this. We usually just suggest digging a grave and planting the petunias! :rolleyes:

This actor, according to the Texas Penal Code, is committing a felony by breaking and entering and thus placing himself in danger of a lethal force response, so I think all the options are open. However, I am thankful I'm not the one who has to make a decision about kicking over the hornets nest on this one. I do think they have gotten some very good advice from quite a few folks. I don't see them wanting to raise a huge stink - I suspect the real problem is the inmate release fiasco.

We have other law enforcement resources in this area (the largest Constable Service in the nation) who regularly patrol our area as well as a number of important folks with good sense (Rep. Dan Crenshaw for one) who live close to this. I think I saw something about them restarting the Neighborhood Watch vehicle patrols.

The bright side to an otherwise dark cloud in all this is that it is causing a lot of folks to start thinking abut their safety/security. A number of people stand ready to provide them with good advice.



EDIT It appears from the latest update that this actor has been taken for a mental evaluation. That probably won't last beyond 48 hours or so, unless he has a guardian who signs papers, or a judge steps in. IIRC the longest they can hold someone is one week, but that may have changed. The people directly involved are keeping posting to a minimum to avoid any legal repercussions.
 

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This is a situation where there are no winners. The only question is, who will lost the most, and what will the price be? A terrible thing. Dealing with the mentally challenged isn't easy. It's not like dealing with an unrepentant criminal.
 

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At a minimum I would advise the parents of the girl involved to get a restraining order against the mentally ill "actor." Not necessarily because the penalty for violating a restraining order is that great, (in my State Oregon, it's a Misdemeanor Offense), but because it creates a legal paper trail. In my work as an Emergency Department Nurse, I've seen a very small subset of the mentally ill that fixate on a specific individual. Not necessarily in a sexual manner, (although that is entirely possible), but the mentally ill individual perceives the object of their attention as a physical threat to their safety & must be killed/destroyed. The fact that the actor has broken in to the girl's house is not encouraging.
 

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My understanding of the events is that the police have done the equivalent of the EMS "scoop and go". I think initially some/most of the neighbors thought the police took him to jail. Only later have they discovered he was not, just taken home. It seems someone has decided to judge him harmless in spite of his dangerous activities?

That is my understanding as of today.
Some city counsel kid?
 

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Discussion Starter #51
Some city counsel kid?
No, not that we can tell, although there are reports of someone purporting to be a lawyer calling people who posted that they were afraid of this situation asking questions. I would have invited him over for tea and insecticide.

Also my understanding is that the HOA has been put on notice that they are responsible for allowing this to continue. Bless their little pointy hearts! :vs_laugh:

Seriously, I believe he was taken in for a psych eval and held. The bottom line is that this may be city police trying to please a county judge (who is not part of the city government and has been desperate to get all the criminals released from the jails). The county sheriff's deputies said they are going to continue to arrest as usual. HPD told her to call if she happened to fall into a deep hole so they could watch. All other law enforcement agencies just snickered at her stupidity.
 

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Having someone committed is almost impossible nowadays. You might be able to get him committed for 48 hours,for evaluation but unless it can be proven that the person is mentally incompetent (and that's not easy either) they will get out.

Sounds to me like he's just plain 'ole bad news. He's gotten away with breaking and entering multiple times, so he'll keep doing it.

Maybe the police are hoping some home owner will shoot him and save them the trouble. Hopefully no one else will be hurt in the mean time.

That is a really scary situation Old Chap. I'm with you on not giving your intention away on social media though, that could come back and bite someone with the crazy DA's out there.
 

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@Old Chap, I just realized this thread is from 3 months ago.

Do you have an update...has the guy been arrested or is he still B&E? I saw that he may have been taken in for a psych evaluation but for him to be committed would really surprise me.
 

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Good advice from the forum, but the action to help this individual avoid prison/death is going to have to be taken by someone with a dog in the fight, be it parents, victims, or the DA/police department. I hope it is resolved without anyone getting hurt.
 
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Discussion Starter #57
I haven't heard anything further. From that I assume someone is handling the situation - or it's a case of no news is good news?
 
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