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Old 01-08-2012, 14:01   #106
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Re: We are being terrorized

First, my sympathies to the OP & his family. I don't believe he brought this on himself and is in the right here. Unfortunately, right doesn't always mean you come out on top.

There's been lots of good advice--video the event, identify witnesses, keep complaining to higher authorities, involve main-steam & public media. I won't repeat it all. I just offer my hopes the issue resolves itself soon & peacefully, without you having to leave or suffer further indignities.
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Old 01-08-2012, 14:03   #107
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Re: We are being terrorized

I don't know it it's been thought of .. but since so many of you love it there.. would it not behoove all boaters to start up a water watch of their own?
there seems to be hundreds of liveaboards...why not have "town hall" type of meeting and set up a rotating scedule and areas to "patrol" via boat and foot. or bicycle? Include the local authorities of course.

Just sayin...
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Old 01-08-2012, 14:04   #108
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Quote:
Originally Posted by bobconnie
I can't understand WHY the USCG is to busy to do thier duty ???
Cmon Bob, ever since the CG waa incorporated into homeland security they have lost tier purpsoe and if may be so bold to say, their soul.

They are no longer completely focused on mariners as they are on "waterborne terrorism"

Sucks for everyone
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Old 01-08-2012, 14:08   #109
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Re: We are being terrorized

"These folks have a right as US citizens to have the aid of the USCG!"
Ah, no, actually. The courts have repeatedly held that you have a right to what aid is available, subject to issues like operational priorities and staffing, and if they can't respond or have more urgent basis? You have the right to hang in the wind until dry and stiff.
You're sinking in a storm, and the nearest base can't launch a boat through the inlet? Too bad, your problem. Which is where motivation comes in, there's a delicate art to motivating someone, so that if there are any reasources available at all, your case becomes the priority. And sometimes, there are just no resources and you're just not going to get any response.
Sometimes that leads to major consequences, asin the 1860's when the first NYC police department (the "Metropolitans" not NYPD) were afraid to turn out and stop lynchings and draft riots. That resulted in calling back the State Militia, who were busy at Gettysburg at the time, and forming a new NYPD.
Back then, folks were better at riding the bad guys out of town.
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Old 01-08-2012, 15:22   #110
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Re: We are being terrorized

Quote:
Originally Posted by xymotic View Post
And the FACT is that he wasn't charged initially.
Operative word being "initially." He is now facing murder charges.

All I can say is "good luck" to anyone who thinks that they can get away with shooting at someone, or threatening them with a gun, just for "waking" their boat.
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Old 01-08-2012, 15:24   #111
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Re: We are being terrorized

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Capngeo,
You are splitting hairs on the the Stand your ground statute. Absence of a duty means duty. That is the reason of logic behind the statute. The courts have ruled that Police actually have no duty to defend anything.
The OP would be reasonable to presume a threat and arming himself.
The discharge of the weapon would depend on the other guys actions.
Proportionality is the key element here.
Non lethal means of fire extinguisher or water hose would be appropriate and I would lay on the horn to attract attention or ring the bell.
Board my boat, the bad guy establishes intent. I will defend my vessel.

The police specifically told him to NOT draw a weapon. They keep records of what they tell people.

I think these people would be quite foolish to increase the level of aggression, particularly given that the police don't seem interested in the problem. Doesn't really matter what you would do if someone boarded your boat. This is nowhere near that level of threat.
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Old 01-08-2012, 15:31   #112
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Re: We are being terrorized

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Originally Posted by foolishsailor View Post
Let's keep things in perspective here. A sport boat that wouldn't be grounded in the shallows of this area can't throw a wake this size. A wake this large would knock a sailboat on its ear, put water in the cockpit and likely the boat and be easily addressable as assault. Not what happened here.

True, but a 3' or 4' wake I could believe. Still enough to do serious damage or injure someone seriously. I have seen some intentional waking incidents that were clearly dangerous, I could imagine in the dark at close range with people on deck it could end very poorly, especially with an intoxicated boater at the helm of the power vessel. A collision wouldn't be horribly surprising in this situation either, the OP did say a whole anchorage was being "terrorized". Multiple boats at anchor in the dark with one intoxicated boater intentionally waking them at speed sounds like a recipe for disaster to me.
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Old 01-08-2012, 15:32   #113
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Raku,
Read my entire thread. I said if they boarded or attempted to board then use of weapon would be justified.
Simply waking a boat is debatable. I wouldn't shoot a person for that.
I would meet any force with force as Florida law states I have a RIGHT to do.
No one has stated to shoot the aggressors. But the OP has asked for advice and this has escalated. An attempted boarding by the bad guys is not out of the question He needs to know he has the RIGHT to meet force with force and a boarding is intent to do bodily harm.
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Old 01-08-2012, 16:10   #114
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I find it amazing based on all the advice in this thread that i dont read about more boaters going to jail for second and third degree weapons/murder offenses.

Seems like everyone here has a gun and is ready to use it. Thank god that in my 40 years of boating and being pestered by shithead jetskis, inconsiderate bay tours and fisherman, and annoying teenagers none of you have ever been in my anchorage nor any of your ilk as i have never in my life heard a shot fired in a formal or informal anchorage and you can bet your life that if i did the ones discharging the firearm better be able to show the assaliants were attempting to board or some equivilent or they would find me witnessing for the wrong side.

No one should be harassed. The law should protect you. sometimes the law needs a good push.

No one deserves to be shot for being an *******, if that were the case i can think of many posters here, including myslelf, that would be in the briney deep with buckshot in thier ass...
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Old 01-08-2012, 16:16   #115
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Huh ? How would it be 2 or 3 rd degree murder charge for self defense? No one is saying shoot the drunk ass hole, but he should be prepared to defend himself and his family if it continues to escalate. Not cower and wait for the police who won't come.
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Old 01-08-2012, 17:12   #116
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Re: We are being terrorized

A citizen cannot raise criminal action against a perpetrator, it's up to the police to do that, unless you want to perform a citizen's arrest - if such a thing is even legal, and certainly is not safe.

As an individual, you can only raise a civil action against this person, and the police don't get involved in this.

Basically, you've done all you can do. If it continues, keep calling the police - there is not much more that you can personally do. If the personal harassment continues, get the evidence and raise a civil case - this is a court action, not a police action.

Or to be more succint:
For the criminal actions, the police have chosen to do nothing
For the civil actions, there is nothing the police can do (except to provide protection, if needed)
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Old 01-08-2012, 17:16   #117
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Re: We are being terrorized

or buy a home in a community with security gate so only those who have business or live there can get in. no idiots .. no motorcycles .. no noise .. no drunks .. ah it is nice to be able to sleep at night. other than that i would move the boat soon as possible.
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Old 01-08-2012, 17:19   #118
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Re: We are being terrorized

It's interesting to see the difference in police reaction when they think their is a gun involved. The OP should have said in his initial report that the guy was threatening him and it looked like he had a gun in his hand. If the cops didn't find a gun, one could just say it was dark and it looked like a gun. Since he had sped away and come back they could have said they only saw it the first time.

I had an incident one when I decided not to go back to work after a dentist appointment. I came home to find a rabid fox in my front yard. I called animal control but it wasn't a domestic animal so they would not respond. I called fish and wild life and they could send someone out to investigate in a couple of days. They suggested the local police. The local police were mildly interested and would send someone out in a couple of hours. I explained that the school bus would be letting a bunch of kids off just a few yards away in about 15 minutes and that I didn't think it was a good idea to wait. They said a couple of hours would be the best they could do. So I said I was not going to let the neighborhood kids get attacked by a rabid fox, so I was a licensed hunter with a 12 gauge shotgun and that I would kill it myself and they could come and pick it up when they got around to it. She told me I better not do that. I said, so I'm supposed to let the kids get attacked?? No, no, no, I said, I can shoot ot from my second floor, all the buckshot will go into the ground and it will be perfectly safe. We repeated this 3 times and you know before I finished the third go round, a cop was sitting in front of my house. It was a very fast couple of hours.
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Old 01-08-2012, 17:20   #119
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Re: We are being terrorized

So have you pulled up the pick, got on with your life and moved somewhere less stressful yet or are you still letting your ever increasing anger fester into a bile filled ulcer pushing you ever closer to making a foolish retaliatory decision?
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Old 01-08-2012, 18:04   #120
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Re: We are being terrorized

I just want to say again...get all the community together (like they did with Rays boat) start a grass roots harbor patrol of your own!
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