Four males jump your fence

Seems to me all they were doing at the point you hit them was touching the fence. You attempted to cripple them over touching your fence?


What ever happened to "get the hell outta here" or "Whatcha doing in my yard"? I would think that is where I would start before trying to cause GBH with a hammer.


I wasn't there I understand that. But when does hoping a fence constitute a grave threat to harm you. Particularly at three pm. Three am I can be convinced something was up. But three PM means schools out. May be your daughter or your neighbors daughter invited them over but they got interupted. Maybe they were trying to meet one of the above girls and found out you where home. Until you have good reason to suspect they meant you harm I have to say you were WAY over the line.

The more I sit here and re think this and re read this, I get really angry over the tone that a few have taken here about "Hoooo Boy!! That be some fun smashing some kids hand for touching your fence!!!"

Without knowing what those kids were doing I would say you have probably opened a can of whooppaaass on your self. If that had been me just being a kid, not in the commission of any crime but just cutting through a yard and you had smashed my hand. There would be nothing of your property which would be safe. Nothing. Call me an un-repentant juvie or whatever, but
smashing my hand without warning or cause would put you on the perpetual ****list for all time.

I just can't get over not saying "Whatcha doing in my yard" before playing blacksmith on some kids hand.
 
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I agree with guntotin-fool.. and what the heck was you're wife doing with a shotgun!?

I mean, sure they probably shouldn't have been running through your yard... but it sounds like they were already on their way out when you decided to go whacking at them. To me that says that they were no longer a threat. I guess it's probably a good thing that you weren't "prepared".

If you honestly felt your life was in danger, from 4 kids, then that's a different story. It just doesn't seem like that was the case though.

It reminds me of when I was a kid and we had that one token "grumpy old guy" in the neighborhood. I took a shortcut through his yard one night and the old fart chased me half way down the block, lol! Needless to say, my old man was knocking on his door the next morning. I don't know what my dad said to him, but he was very apologetic the next time we met.
 
Seems to me all they were doing at the point you hit them was touching the fence. You attempted to cripple them over touching your fence?

Gimme a break. Don't trivialize actions in such a manner that we can show any activity is virtually harmless. This reminds me of a lady I saw on TV who was crying (literally) that her baby was killed for trespassing and the punishment for trespassing was not death. In reality, her boy was killed during a B&E with several other boys and was in the home of a man who defended his family. The boy was unarmed and was trespassing, no doubt. The mother made it sound like the boy was doing nothing harmful what-so-ever, and maybe he wasn't (yeah, right), but from the perspective of the man, the boy and his fellow gang initiates were advancing down the hall toward himself and his family and would not stop until he shot the lead boy. His actions were completely justified and no charges were filed against him.

He did not hit the trespasser for "touching the fence." Did you not read? He hit the trespasser for attempting to trespass again.

That is when I hear the idiots jumping back on the fence. I turn around and get to the fence as two of them are trying to get over the fence. I see two sets of hands and use the only thing I have at the time, the mallet.

Now while I don't believe hitting a guy's hands with a mallet is an appropriate line of action here, the point is that it was done to stop a perceived crime against the hitter. He protected himself and his property in the process against what he perceived as a threat.

Along similar lines, you can't use deadly force against another who is holding a knife. Holding a knife isn't a crime, even. However, if that person holding the knife is threatening your life, you can use deadly force. We can trivialize the situation and claim the aggressor was "just" holding a knife, but that doesn't convey anything about the intent. Sure, the tresspassers were "touching the fence" but it wasn't for the sake of feeling the wood grain, as perceived, but to commit trespass anew.

If you honestly felt your life was in danger, from 4 kids, then that's a different story. It just doesn't seem like that was the case though.

Right, nothing in the OP bespeaks of fear for one's life. In fact, it all sounds rather hokey. Why the cop would allegedly state that trespass was a Class A felony is just off the scale in wrongness. The only way it would have been more wrong is if the cop allegedly said it was a capital crime.

The question is one of whether the actions taken, hitting the hands with a mallet, were actually justified.
 
To Spy and guntotin,
I had yelled at them when they went out of the yard. They were on the way back in to the yard when I hit there hands. So if your kids are playing in the backyard and four 18 to 20 year old males start hopping over your 6 foot fence and do not stay out when you tell them too, do you just let them?
My daughter is 9 and no she did not call them to come over. My property is marked private, they disobeyed the command to stay out. It was criminal trespassing. If they would prosecute cases then the thugs would not keep doing this, all they would have got was a slap on the hand from a judge and told not to do it again.
I did what I did to keep my family safe. The wife go the shotgun for me because I told her to do it. There was 4 against one and I am to old to roll around on the ground with them.
 
I would've grabbed the shotgun,and then yelled at them from cover to stay out of my yard.As soon as all 4 were back in the yard,they'd go to the ground,voluntarily or otherwise,at gunpoint.In my opinion all you did by "whacking" them was give them someone to retaliate against in the future,watch your back...
 
What ever happened to "get the hell outta here" or "Whatcha doing in my yard"? I would think that is where I would start before trying to cause GBH with a hammer.
Come on, get real. It is to late to tell someone to get out of your yard after they have climbed over your 6' fence. Your way of thinking is why they don't have respect for others rights. In Palm Beach County Florida, "get the hell outta here" would most likely have been responded to by the trespasser with a bang. I would have released my shepard, she dislikes strangers in "her yard".
 
I have no doubt that these people knew they were doing something wrong and obviously were not invited to allowed to enter your property. That being said, I am curious as to why exit the safety of your home to challenge 4 or possible more people?
 
Sound like a bunch of kids just messing around jumping fences.

Well I know what "messing around" like that would have earned me as a kid or a young man. I often wonder when jackassing around like this started getting a free pass in society.
 
I'm not advocating a free pass for the kids, I'm just glad to hear no one was seriously injured. It would have been a real shame had things escalated to gun play.
 
being that im 27 years old, and still live with my elderly mother, i would have gone outside with the good ole louisville slugger in my hands and my XD in its holster in my jeans and given them kids as astern talkin to. of course, knowin my surroundings if there in my yard its because the neighbors on both sides have ginormous rotts and pitbulls so my yard is the only safe spot. that is until a ****** off 6'1" bat weilding lunatic is comin at them :D
 
I LIKE the fact that your wife was backing you up with the shotgun.

Nice to see you have a better half willing to be at your side when trouble hits.

Trespassing makes people feel comfortable in your property then they feel just as comfortable relieving you of your property.

Doing the 'hammer stamp' on their hands was a very easy way for them to get off.

They earned the 'hammer stamp',at least,for not having any respect for your property.
 
This is so kind hearted and forgiving a point of view, it makes me want to sing "Kum-Bye-Ah", hold hands with a violent criminal and offer him forgiveness in the name of niceness...

Seems to me all they were doing at the point you hit them was touching the fence. You attempted to cripple them over touching your fence?

I know just what you mean! I -always- get angry when somebody tries to protect their own rights, and not somebody else's! I mean, unless they are less fortunate than others, and have to resort to crime or other anti-social behavior, in which case, then of course, I have compassion. For the perpetrators, not the victims. I mean, the perpetrators ARE the victims, right? Otherwise they wouldn't do mean things! Their mothers probably tickled their toes, or they didn't get as many toys as the other kids at Christmas time. Ohhhhhh! I didn't mean CHRISTMAS time, I meant during the holidays! Don't want to offend nobody...

The more I sit here and re think this and re read this, I get really angry over the tone that a few have taken here about "Hoooo Boy!! That be some fun smashing some kids hand for touching your fence!!!"

Yep! I'm angry! Them poor boys probably just needed some love and affection. We should take up a collection for their medical expenses to have their hands treated, and break out the tar and feathers for the OP.
 
LOL I'm thinking razor wire here, about three rolls. Have you ever seen a punk tied up in razor wire? Ain't pretty! They don't tend to try it twice.

Some years ago we had a fool try to cross our razor wire. He ended up with about 800 stitches, he never tried it again.
 
Call me an un-repentant juvie or whatever, but
smashing my hand without warning or cause would put you on the perpetual ****list for all time.


Cause, they jumped the fence once and were on their way back over.
Warning, if they had an IQ above 3 they would know that their actions could turn out bad for them.
****list, it wouldn't matter to me as long as you remembered who corrected your behavior problem.
 
I will not criticize or judge the OP's actions he was there I was not.

My actions would have been different because better than half the time I am home alone at night. I would have at the very least grabbed one of my pistols and probably my shotgun if I truly believed there was trouble brewing. If they came over the fence I would have waited until the were all there and announced my presence and racked the slide of the shotgun. Requesting that "Golly gee you fun loving kids, would you please lay face down on my lawn with your arms over your heads while I call the police?" Hopefully the presence of a ****** off homeowner, with a shotgun, would have made them compliant with my oh so polite request. IF it went cowsh!t I am definitely at a tactical advantage with a loaded and ready to go shotgun pointed in their direction.
 
Posted by FyredUp in Wisconsin:
If they came over the fence I would have waited until the were all there and announced my presence and racked the slide of the shotgun. Requesting that "Golly gee you fun loving kids, would you please lay face down on my lawn with your arms over your heads while I call the police?

It would be a good idea to consult an attorney before doing anything like that. It is possible that you may end up being charged with a crime or subjected to civil liability.

Here's something from the State of Wisconsin on the Wisconsin Trespass Law:

If you should come across trespassers, don’t lose
your temper. Be courteous but firm when you ask
them to leave.
Clearly identify your property boundary
to them, and politely ask them to respect your property.
If they will not leave, contact the County Sheriff. Sheriff
Deputies are authorized to issue a trespasscitation,
similar to a traffic citation, to these interlopers.

States vary, but it seems that most do not permit detention for civil trespass. In Texas, the law states that even the police may not arrest a simple trespasser without a warrant.

Where the OP lives, trespassing is a misdemeanor. I certainly would not want to take assuming the risks attendant to performing a citizen's arrest for that.
 
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