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Nightmares do come true...

Mr Peat

Rich Perelman, "Loren you have a Godlike Presence.
Joined
Nov 4, 2005
Messages
4,512
So anyways, here is a little interesting story. What you are about to read is true. As some CP'ers have heard the story, the rest will now hear it.

My neighbors above me have always been excessively loud. Vacuuming at 4am and waking me up out of a dead sleep. She would walk so loud my windows would shake. Mind you my floor has concrete under it. She did everything she could in an attempt to make my life a living hell. I went to them first and was very civil with them. I asked them nicely if they would mind keeping it down. If anyone has seen my computer, its my entire entertainment center so I generally get the best stuff for it with it being my tv, music, online radio, dvd's, etc etc etc. I generally have nice headphones blasting as loud as the nice sound card can go so I don't disturb anyone.

But this girl has no common sense and an utter dislike and hatred for me that one can't even describe. Needless to say being civil with her and the shack up boyfriend didn't work. So it was time to be serious and I addressed this situation with the apartment manager many many many many times. It specifies in the contract excessive noise is a no-no and can result with you getting evicted. Mind you the apartment manager is a really old lady which has no business being in her position. But oh well...What do you do when you was on a very limited income and rent was only $380 a month all utilities paid. This all took place in Aug 2005 and Dec 2006 before I received my real retirement letter from the VA Administration. Needless to say, my complaints fell on deaf ears and was told by the Apartment Manager that I need to call the Cops. Thus, I had to call the cops when I hated to do it, but I deserve my peace and quiet like any paying tenant. Keep in mind that I lived here from June 2002 to present and they moved in Aug 2005 and left Dec 2006.

The Cops naturally didn't do a damn thing about it. Several times they heard the noise coming from their apartment and didn't issue tickets. So fast forward it to Nov 27th, 2006 as this type of stuff went on throughout their whole time above me. All my friends have heard it and they hate coming over because she is just so damn loud. So at approxiamately 9 pm'ish to 9:30pm I banged on the wall as the girl above me was making my windows shake. She proceeded to walk even louder. I'm on the phone with my brother and he is bitching at me because he can hear her over me. Mind you I am trying to enjoy one of my last Partagas 160's I got at Outlaw. All the while thinking they will be going home for Xmas and I am heading to my brother's place to put in my VA paperwork for a Home. I'm keeping my eye on the ball knowing I would probably move in the Spring 2007 to somewhere in the Summer when its nice out.

So I banged on the wall once again. Hoping she would get a hint through her thick, non-educated, country bumpkin fat ass, career Domino's delivery driver that she is making way to much noise. She walks even louder than before. So I yell up, "Can you walk any freaking louder?" Naturally she walks louder. I know calling the Cop's is pointless as I have called them on this couple over 4 to 8 times in a year. I do not make any noise as I do not want to bother anyone else. So at 9:49pm I hear this sound like some maniac is banging on my door. I naturally get up with the phone in hand as I have the headphones in while talking on the phone. I generally will talk with my brother an average 4k to 6k mins a month as this is the only way reasonable to talk with him. I get free mins after 9pm till 7am Mon thru Friday when at 9pm its free till Monday at 7am. Still smoking my Partagas 160 which is keeping me sane at this point. I look out my peep hole and I can't identify who is outside my door banging on it like they wanted to knock it off the hinges.

I went to my home security defense weapon aka a .38 Special. I took some puffs before opening the door while still on the phone with my brother. I get the door open with my right arm at approxiamately a 45 degree angle and the gun pointed to the ground. I do not put my finger on the trigger, but I make it a practice so that I can cock the revolver in one swift move and be ready to rock if I am forced too. Its a Double Action so its really a mute point and I ALWAYS keep the hammer on a empty chamber so it only has 5 rounds instead of the normal 6. I'm a little paranoid if I drop the damn thing it will go off knowing my luck and this weapon can't do that anyways. I see that its her as I step back to finish opening the door. The first thing she does is cross her arms and takes a little step forward and yells at me..."Do you have a PROBLEM with me?"

Naturally I have the cigar in my mouth so I can't speak. I move my LEFT hand up so I can pull the cigar out of my mouth. I said..."Yeah I have a problem with you making excessive noise at all hours." I then put the cigar back in my mouth and shut the door in her face. Locked it up like usual and everyone thinks I am paranoid because I keep my doors locked at all times. Still on the phone with my brother and now I am just wanting to relax hard core. So I am just sitting here looking at CP forums while chatting away like an old woman with my brother. Hell he is as bad as I am on the phone. Then I hear a knock on my door. I'm like now what. I look at the peephole and muttered something like who is it and no response. I get another knock. The individual put their thumb over my peephole so I can't even see out of it.

So I put the cigar in my mouth and open the door the EXACT same way. Its the Police with their weapons drawn having a shit fit when they see my .38 in my right hand pointing down at a angle and to the back of me. They are telling me to put the gun down and all that...I can't speak and trying to mutter in hopes they can understand me with the cigar in my mouth. Ok ok...I'm stepping back so I can put it on my couch. I was saying this as best as I could and moving very carefully doing the same thing. I was afraid to take the cigar out of my mouth so I just went with the flow. I step forward slowly with my hands in the air away from the gun. They then asked if I had any other weapons and I said yeah my shotgun but its like 15 feet from us so they wasn't worried. So they have me at my door talking with the one officer while the other looked at my handgun. He points it at me and the other officer so I asked him if he could point it else where. He said something like sorry and pointed it else where. Long story short I am being arrested for Disorderly Conduct. Still on the phone with my brother so he has heard this whole thing how it started till this point.

I was then taken to the Police Department in Handcuffs and then had my mug shot taken. I exercised my Miranda Rights and said I wanted a lawyer. Because my brother called me while I was at the Station. The Cops told me they felt I wasn't a threat so they took the hand cuffs off immediately when I was in the Processing section. Brother called and told me to shut up and ask for a lawyer. I listened to him. Once done with the paper work they drive me home where ALL my weapons are still at. You will think....WTF right? They have a legal right to hold me for a 24 hours cool down period and didn't because they thought I wasn't a threat to anyone.

So on Nov 28th, the girl goes in saying how she wants me evicted from the apartment RIGHT NOW. She said I answered the door with a gun. I have 3 witnesses to this and she even bragged she was going to get a Restraining Order against me. One thing I have to say is this...I give out a lot of cigars to people at the Apartment Complex so not much gets past me for information. Just glad 2 of the witnesses are Employee's and one was a guy I know. Fast forward again to Dec 8th, 2006. I get a knock on my door and its the Police with guns drawn and ready to fire. They informed me the Misdemeanor Charge I was facing and going to Court on Dec 12 was dropped and that the Prosecutor was now issuing a Warrant for my arrest and its a FELONY CHARGE. How convinient. Mind you the key point is they DIDN'T TAKE my WEAPONS AGAIN. This is the 2nd time so far.

She couldn't get a restraining order nor me evicted. So I get transfered to the County Jail as its now a elevated charge by the State of Missouri. I then get transfered to a Prison because of all my health problems which entail vertabrae damage in the Neck, middle, and lower spine. Also severe nerve damage in the left leg and a bad hip. Means I fall and even Seadub saw me fall last year at his place. But I am used to it and they wasn't. I'm taken out in the middle of no where and no way of telling anyone what has happened.

I went to my court date on Dec 12th and I asked the Judge if I could be released on my own recognance as this is my first offense and even told him all my medical problems including the stomach cancer I had in 2004. No worries as it was taken care of then and hasn't relapsed as I have done what the Doctor's have told me other than the fact I will smoke my cigars come hell to high water. I even went so far to tell the Judge if it would make the decision easier, you can have either the County Sheriff Department or the Police Department to go into my place and confiscate my weapons till this was settled in a Court of Law. Three times now they have had a opportunity to take my weapons and haven't. I know what you are thinking...WTF. Its freaking evidence and they also have to check to see if it will even fire under this charge here for this State as what my lawyer told me.
I was taken back to Prison and 2 days later I was released out on bail. My father got me out and the family hates each other but in the time of crisis, they put that shit behind them and worked together to help me out of this jam.

This happened when Swissy had conspired with the Outlaw crew for my SS stash he came up with. He managed to get me on the 2 of the 3 cigar boards I am a member of. CP is still my home and thus where I am most active at. It really made my day when I saw what he did and I can't even express in words how thankful I was at his genoristy. At this point in time I have no paper work from the Police or the Court. I finally got that stuff nearly 3 weeks after this whole incident took place. So in Jan 2007 I have to goto Court and I had already hired a lawyer to defend me. I deferred the preliminary hearing as I know I am not guilty as I didn't do a thing illegal according to the law. Keep in mind they are CHARGING me with a Felony that deals OUTSIDE your home, not while you are standing in your home. She had to go down 14 stairs aka 2 flights of stairs to confront me. She told the Police she was sooo scared for her life and sooo threatened too. Also said I was moving the gun in a up and down motion in front of me. I've been trained in guns and do not do that bullshit. I have plenty of people that have seen me on a firing range to know I don't do stupid shit like that, but anyways. She did notice that I was smoking a cigar and had a gun in my hand, but couldn't see the earphones in my ear nor the phone in my hand. She told the cops she saw the cigar.

The Prosecutor sent down a plea bargain before I deferred my Preliminary and have my case taken straight to the District Courts. He offered a Misdemeanor charge and my lawyer knows I do not want a plea bargain. Needless to say I goto my Initial Arraignment on Monday, Feb 5th 2007 at 1pm. I already told my lawyer I want a Jury trial of my peers in a gun happy county filled with a bunch of red neck hunters and just happen to be pretty religious here and many veterans from all different wars. You may ask why would I want that. Because they have NO witnesses nor evidence to support their case. Other than her word so in reality it comes down to he said, she said. With me being in my apartment and her being out of her residence 2 flights of stairs down. The Cops also informed me that she was married and just got her divorce. She was sleeping with another guy while she was married and supposedly got pregnant out with the man she isn't married too. Yeah, a real good character and my lawyer made special notes on what I said and this was one of them.

She hasn't been a member of this community overly long like 1 year and 3 months. I have been here in the same apartment for over 4 1/2 years now. She had 3 points of exits if she was so scared and threatened. She didn't yell for help nor did she run away in panic after I closed the door in her face. In fact she went up so quiet I didn't hear her go up and she usually walks louder than a heard of elephants which I have about 4 hours of tape recording of her making noise. Unfortunately I did this after I was arrested on the Felony charge. I know better now. Remember my brother was on the phone the whole time and I have phone records to prove it. Also remember I have 3 witnesses which is hear say to ME directly but not in a court of law when my lawyer will have to call them up to testify to what she did the next day. The one lady that works for the apartment complex took a bunch of notes in what this girl said. She didn't even tell them she was scared either so she has changed her story a few times during this whole process or ordeal from hell. On top of it, my neighbor directly next to me has heard this girl walk and everything else. She also was woke up during the incident at the door so I don't know exactly what she heard but we get along great as she is around 50 years old.

So needless to say I haven't really been able to buy smokes and thus the reason you all have seen me smoke some crazy ass smokes during this whole process. I already have my celebration smokes ready if the Judge dismisses the case on Monday. That is the entire incident as it exactly happened. So hopefully the Judge will toss it out after he asks me how I plead. If he decides to continue with the case, this will be an interesting few months for me but I am gonna live life to the max as I'd rather prepare for the worse. So thanks to OpusXKC this weekend we managed to get me a nice 1970's 3 piece suit, pressed, a nice new shirt to go with it, and a mutual friend, Andy in letting me borrow a tie so I can be very presentable in Court on Monday. I'm as calm as one can be in this situation and while grinning and smiling. Thus keeping my spirits up.

Thats it so I hope all goes well and in my favor. Needless to say, all my weapons are no longer in this state as the lawyer and my bails bond lady was very concerned about them and wanted them gone. Peace out and sorry for the long post. Again, thanks for all the support from the KC crew and especially OpusXKC for all he has done for me upto this point in time. You have gone well beyond being a BOTL in many ways my friend. :thumbs:

Mr Peat aka Loren
 
First I will say that I hope everything works out for you tomorrow.

Since when do the police cover the peephole? I always thought the appropriate protocol was for the police to announce themselves.

I'm sure you have records of all of the police calls and discussions with management about your upstairs neighbor. That evidence, coupled with witnesses that can testify to her complete lack of consideration of you as a neighbor, should bode well for you as your attorney attempts to discredit her story.

Good Luck!!!
 
There is nothing to say except that this is some BS!! I wish I could do something to help. It is hard to believe that some asshole can use the legal system to jerk you around the way they are. I hope not only that this damm thing is dismissed but that you consider a lawsuit of your own. Hang in there and I pray that this nightmare will end very soon.
 
WOW!!!! What a clusterf@@k! Hope everything turns out how it should Loren.
 
Good luck with all the bs Loren, for a guy that just want's to live and let live you are living a very interesting life. :laugh: From what i read it seems as though you have the situation under control. I'll keep my fingers crossed for you. :thumbs:
 
Crazy story. I hope everything works out for you. Now I'm gonna go unload my shotgun and stop greeting visitors with it.
 
Hi Loren,
I had heard most of this from you before but to read it in black and white is nothing but shocking. I hope that this complaint gets tossed out on its ear and that you'll be smoking back to normal again come tomorrow. Well, normal for you at least. ;)
Wilkey
 
Crazy story. I hope everything works out for you. Now I'm gonna go unload my shotgun and stop greeting visitors with it.

Sorry for the threadjack, but that just reminded me of a girlfriend I had in high school. Every time I picked her up her dad was cleaning his guns in the living room. I don't think it was a coincidence (sp?).
 
It sounds like you are doing the right stuff. I'm sure tomorrow will work out well for you!
 
Wow, that's disturbing that a law abiding citizen can get jacked around by riff-raf. Sounds like you got it handled, but some heads should roll based on the shenanigans you've been put through. Good luck, and prayers sent.
 
Actually, I'm pretty sure unless they have a no-knock warrant they can't enter your home without identifying themselves. They was a SCOTUS case in MI this last year about no knock warrants, and they were held up, but only in certain cases, very unlike the ones you are describing here.

You might want to look into that.

Also, you might want to give a call to your local gun rights/NRA advocacy group - they might want to know that the police are profiling gun owners as dangerous criminals with virtually no evidence. From my experience, they love to make a big stink about this type of shit, especially now with the prospect of more gun control back on the table with the Dems in power.
 
So exactly when did you play Lacrosse for Duke?
 
WOW! That is fu***d up! :angry: I really hope there is some recourse for you in terms of some kind of legal retribution against her. Hang in there, man.
 
When the DA tells you they are dropping this, make sure to recommend they file false reporting charges against her. Enjoy that celebratory cigar.
 
It always seems lke people believe the low life scum bags who have nothing going for them, versus the regular law abiding citizen with a head on their shoulders. Absolute bullshit..
 
Wow Loren, this situation just gets worse. You are thinking logically, about what happened, and the way to proceed. All i can suggest is find out who her enemies are in the building, and summons them to court as witnesses (find who really hates her). Also, discredit her character. You can do this with a criminal search on her name, find out how credable she is. I would also wonder why there are no guns seized, as evidence as you had said, they are only relying on her testimony, and that of the police. Oh ya, how come the cop didn't get charged with pointing the gun at you? i am sure you felt unsafe, as you told him to point it away. Jury all the way! Good luck my friend!
 
I'm wondering what kind of town you live in that you have to open the door with a gun in your hand?
 
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