Man being followed charged after confronting stalkers

[atxgun]

This wasn't in Texas but I'm wondering how this would play out here. He feared an eminent bodily threat and produced a show of force. Seems reasonable to me. I suppose he would have played his hand better if he had not produced his weapon during the initial inquiry at a distance of 20 feet. Still it seems by drawing a knife at that distance is not capable of producing actual injury.

Some may find objection to my choice of headline since his "stalkers" were LEO but being plain clothed he had no way of knowing this so I feel that description depicts a reasonable state of mind given the description of events.

Thoughts?

http://www.seacoastonline.com/articles/ ... -911129979

PORTSMOUTH — A Kensington man was found guilty of criminal threatening for holding an open pocket knife at his side while asking two people who were walking behind him at midnight, "Why are you following me?"

The pair walking behind Dustin Almon, 28, of 27 Wild Rose Lane, were state Liquor Enforcement cops, both in plain clothes without any indicators that they were members of law enforcement, according to testimony during a Thursday Portsmouth District Court trial. Both were also carrying concealed handguns and Tasers, they testified.

One of them, Officer Anthony Cattabriga, said he was walking behind Almon on Chapel Street on Nov. 8, 2008, when Almon turned around three times to look at him and a new officer he was training. It was dark and Almon was twenty feet away when he displayed a knife with a two-inch blade the third time he turned around, said Cattabriga.

"He pointed it down by his side," the liquor officer testified, while demonstrating with Almon's seized pocket knife.

When he responded by yelling "police," Almon folded the knife, clipped it to his belt and complied with all subsequent police orders, Cattabriga testified.

Almon was initially arrested on a charge of disorderly conduct, but the charge was later upgraded to criminal threatening with a dangerous weapon.

"I feared for my safety," Cattabriga said from a District Court witness stand.

Cattabriga's trainee, whose name was not entered into the trial record, corroborated her partner's testimony and said the entire event lasted two to three minutes.

Almon's attorney, Patrick Devine, described his client's actions as self defense.

"A crime was not committed," he told the court. "He was protecting himself against unknown people following him."

Judge Sawako Gardner examined the knife before finding Almon guilty of the class A misdemeanor.

"It doesn't matter who was behind you," the judge said, while explaining that Almon was guilty of the charge for placing another person in fear of bodily injury.

Noting no previous criminal record, the judge sentenced Almon to 30 days in the Rockingham County House of Corrections, with all of it suspended pending a year of good behavior. He was also fined $500 with half suspended pending the same good behavior.

Devine notified the court that he intends to appeal the decision to a higher court.

[chabouk]

I read this earlier on a different forum. It's outrageous that he was charged, let alone convicted. I expect it to be overturned, but it's going to cost him money.

Edit to add: he clearly didn't violate the plain text of the statute.

http://www.gencourt.state.nh.us/rsa/htm ... /631-4.htm" onclick="window.open(this.href);return false;

(Only the relevant portion cited):

631:4 Criminal Threatening. –
I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or

[KFP]

The more that I read about how things are handled in courtrooms across the US, the more I realize that a state may have "better" or "worse" laws than others, but what really counts is the mindset of your peers. What most would perceive as reasonable in Texas, may differ significantly from other states.

I don't want to fire up the open carry/RKBA debate, but it seems that although it's legal in some states, it's only acceptable until a concerned citizen or LEO decides differently. The hassle then starts with a conversation with the LEOs, and can progress down that continuum.

In this case it seems that the officers appreciated his compliance once they had identified themselves and the DA decide to bump up the charges. I think (hope) that this will ultimately demonstrate the phrase "you may (ultimately) beat the rap, but you'll take the ride."

[casingpoint]

There must not be a statutory safe harbor in New Hampshire for brandishing a weapon in self defense. Never mind that is often sufficient to deter an attacker. But as I recall this was discussed awhile back, and Texas does have a provision for brandishing. Kind of foolish to pull a knife twenty feet away from somebody who might have a gun.

[pedalman]

Kind of foolish to pull a knife twenty feet away from somebody who might have a gun.

Methinks thou hast forgotten the dilemma addressed in the Tueller Drill:

http://en.wikipedia.org/wiki/Tueller_Drill" onclick="window.open(this.href);return false;

[WildBill]

From the reported accounts, it sounds like Dusin Almon was wrongfully arrested and convicted. Once the police identified themselves, he put his knife away. It is also possible that the DA upped the charges in an attempt to pressure Mr. Almon into accepting a plea bargin to the disorderly conduct charge. It is awful hard to beat charges when you have two LEOs testifying against you. I also thought it very odd that the trainee's name was not entered into the record. What is up with that? The story never mentioned a jury, so I wonder if it was the judge's verdict. I hope that he wins his appeal.

It sounds like the judge might be the problem:

"Crazed Portsmouth New Hampshrie District Court Judge Sawako Gardner Sets Man’s Bail At $15,000 For Stealing $2 Bottle Of Beer - Our Tax Dollars At Work In Rockingham County" http://www.uslaw.com/library/Bad_Cops_& ... tem=145320" onclick="window.open(this.href);return false;

[chabouk]

The story never mentioned a jury, so I wonder if it was the judge's verdict.

District Courts in NH don't have juries, only Superior Courts do.

[seamusTX]

My reaction to this story is the same as everyone else's: The defendant should never have been arrested, let alone tried.

That said, I have some questions that probably never will be answered:

What was the nature of the neighborhood? Was it a place where a lot of street crime occurred, an isolated place, or a busy commercial strip? Towns often have a row of bars that is busy at night.

What were the cops doing? I'm guessing that liquor police are something like TABC, and at midnight, they might have been looking for suspicious activity in and around bars. Why would they follow someone?

How were the cops dressed, and what was their demeanor? A person more reasonably feels threatened by men who dress like thugs than people wearing clean polo shirts and slacks.

Did anyone catch that one cop was a woman?

In general, on the subject of being followed on foot, it is entirely reasonable for someone who is minding his business to be going in the same direction as you and possibly walking faster than you.

IMHO, the first step is changing course. Cross the street or go into a business or other public place where there are other people and possibly security cameras.

If people continue to follow you in that case, whip out your cell phone. You don't need to call anyone, but maybe dial 911 without pressing the button to begin the call. See how they react.

If they continue to press a confrontation, I think you are justified calling 911, especially if you are a woman or a man who is outnumbered. And be ready to find cover.

This is all IMHO and I am not a ninja street fighter.

- Jim

[CompVest]

+1