Location: West Virginia
A month ago my neighbor threatened to kill my whole family, I caught him on recording and filed charges. His hearing isn’t until July 11th.
Previously in the past he had been arrested for delivery of heroin (2015) and last year (2021) he was charged for domestic battery. Saturday night I had company over who tell me my neighbors were outside and kept looking over at them, so I checked my cameras to find that he was bringing in his house a shotgun!!
I contacted the police asking what could be done, to only find out that all of his charges in the past (there’s more but the two I named are felony charges) have been dismissed, so he was never charged. He must have paid alot of money for his charges to just go away like that, or gave up names in exchange to get away with it. He should be a felon but isn’t. So legally he’s allowed to have that shotgun?!
Is there anything I can do besides move at this point? I’m terrified to live inside my own home. I’m losing sleep over this, I have two small children, 2 and 4. Besides being able to file charges on him for making death threats, they only charged him for harassment btw, there’s not a thing they can do about the shotgun? I am speechless that I’m over here fearing for my life and the police tell me there’s nothing they can do to help?
My neighbor threatened to kill my whole family
Location: West Virginia
Group member can you follow up with your local courts? If the magistrates here (in VA) won’t issue one you can file a petition with the local court for one and a judge will decide
I will check. Thank you.
If he is on bail for threats to kill, I am surprised the cops allow him to keep the firearm… Try contacting the local police firearms licensing person – you may need to do it in writing, ensure you inform them clearly of the situation and clear and present dangers… Probably send a copy to the Officer in Charge of the local cop department too… Tell them you are thinking of talking to the media…
thanks for your advice. I will look more into that.
Honestly, I’d just get the heck out of there, sounds like he isn’t concerned about laws and court orders, and the laws can only punish him once the crime is committed, not protect you from a determined psycho.
Not an attorney.
Given that this is a criminal matter, the only thing you can do is report it.
The question comes down to why the police aren’t pursuing charges against him.
I’m going to ask you some questions that can help others who read this but it’s also to find something out. I’m asking about his behavior, and his boundaries. i.e. is his harassment constant or not.
Was he alone or were others watching when he said that he’d kill? Is that his house, or a place where others live as well?
Is it HIS property or is he living with others who own it, and or frequenting. Does this happen when others are able to see him acting up or when no one else is around. This would tell me if he wants to be seen by others. That might reveal a link between his forgiven record and his boldness to threaten.
How long has he lived there? Has this been constant since you moved in? How close to your house is his place.
Behavior: he’s impulsive, and careless. Hes arrogant and believes he can get away with everything. He doesn’t always directly harass, but he will stand on his porch and flip my cameras off, or stand and watch us while we’re outside if he notices we are and aren’t aware he is. He has sometimes waited for me to leave my house in the mornings, he has tried to fly down our dead end road while I’m pulling out of my driveway so we could/would get into an accident. The list goes on.
During the time of the incident he was alone. My two children were around at the time. My oldest was actually still on the front porch as he was threatening to kill us and our dogs.
It is his house, but I’m unaware of the circumstances. I believe one of their parents may own it, but they live there.
He doesn’t care who is around. They moved in Nov 2020, and have caused nothing but problems since. His house is about 10 feet from mine.
We have a sunroom that I felt safe in and frequently hangout in there. There are windows all around the sunroom. They have a back porch. So since the day he made death threats we don’t use our front door anymore. They apparently have pieced that together probably because he’s waited for me to leave and he’s realized I don’t walk out the front anymore. So now, of course they are always sitting outside on their back porch, in my opinion they are just waiting for the right time to say something or do something (which up until a couple of weeks ago they never used). They’re intimating, and he wanted us to see his shotgun because he didn’t try to hide it, as he walked inside his house.
File for a protective order, maybe called a restraining order in WV. But that will prevent him from legally owning a firearm once he’s been served.
the day of the incident we were told to get a peace of protection (new name for restraining order) and we tried, the magistrate said the warrant would be better and take care of what the peace of protection would do so he didn’t grant us one.. But apparently it’s not “better” because he still hasn’t left us alone, and I’m mind blown that the cop told me that he could have that shotgun and there was nothing he could do. Because you’re right; a restraining order/peace of protection would prevent him from being allowed to have that gun.
NAL, I’d go to a hotel for even just a week. You could get a weekly rate.
Definitely go to courthouse with your docs and any further proof & get an order of protection!!!!! If not an Order of Protection then get a No Contact Order.