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Neighbor assaulted me in my own yard - Ainaloa
#1
Hi guys, the event I am about to describe took place on July 7th, 2016 at around 7:50AM.

I was shooting my BB Gun in my yard, shooting bottle targets that were placed on the ground. I was aiming at a downwards angle. After shooting about 3-4 shots I hear yelling from down the street and I see my neighbor walking down from his house and coming up to my front gate. I couldn't make out what he was yelling, but I am assuming he was threatening me, When he was at the front of my gate I heard him yelling "Open the f**king gate, I'm gonna lick you". He was trying to open the gate and when he was I told him to not open it. He opened the gate and ran up to me and got in my face. The only thing on my mind at this point is to call the police. So when I turned around to call the police, he hit me on the side of my head and I covered up. He hit me a couple more times and he finally grabbed my BB Gun that was on the ground. He struck me in the face with it causing a laceration just above my left eye (needed stitches). I fell to the ground and told him I was going to call the police. After that he took my BB Gun with him and ran back to his house. I DID NOT FIGHT BACK AT ALL DURING THE ATTACK.

Immediately after the attack I call 911. I explain everything that happened. Police get here and I tell the one officer who was with me everything that happened. Two other officers go to his house to get a statement as well. Ambulance comes and I am taken to the hospital to get my stitches and shoulder pain.

After being discharged from the hospital I call the Pahoa Police station to see what happened to my neighbor. He was not arrested at all! It was ridiculous and he was only being charged with Assault in the 3rd degree. I ask them what about Trespassing and they told me no because my gate wasn't locked. Eventually they added simple trespassing after talking for a little bit. I would think he would at least be charged with felony assault. When I ask the officer who was on the phone with me why he wasn't arrested, he told me "we don't arrest for every single thing. In fact we should be arresting you because we have you down for Terror threat in the 1st degree". I was shocked by this. I asked the officer why, and he told me because the neighbor said I pointed my BB Gun at him. I DID NOT POINT MY BB GUN AT HIM IN ANYWAY. I am trying to think of a scenario where he could have lied to the police officer about me pointing my gun at him. Since then, the police haven't even questioned me about it so I am worried that they actually believed my neighbor!!!

Our houses are a good distance apart, separated by huge bushes and trees making our houses not visible to each other, so there is no way he can say i pointed it at him from my house. And if someone did point a BB gun at you from that far, wouldn't it be logical to go inside your home and dial 911?

Another scenario is that he might have told them I pointed it at him before in the past. That's also a lie because this is the first BB gun ive ever owned and only took it out of the box that very morning. I still have the receipt. And again, if someone pointed a BB gun at you, the logical thing would be to call the police. So I dont see that being the case.

I could see him getting mad about the BB's hitting the bottles and the noise it was making. I would have stopped if that was the case. All he had to was talk to me and I would have stopped.

The police officers havent submitted anything to the DA yet. It's been almost 2 months since then and I am filling with anxiety. No arrests were made that day. Will the DA actually believe my neighbor and file charges against me? I really don't want charges filed against me for something I DID NOT DO!

I am planning to enter the nursing program next year and joining the military after graduating. Just having these charges will ruin any chance I have at a decent career, even if not convicted/charges dropped. I am hoping the prosecutors can see through my neighbor's lies. That's all I can hope for at this point. I don't know what I would do if I am to be charged based off of this false accusation.

Any opinions on what will happen? What will the prosecutors do? Will they actually file charges against me based on my neighbors accusations? How do prosecutors decide on how to press charges? Do they investigate first and the file? or vice versa? It's ridiculous because I was the one who called the police. I DID NOT POINT THE BB GUN AT HIM IN ANYWAY. How do prosecutors decide to press charges? Will they file charges and then investigate? At this point I am filled with anxiety and feel like just giving up on life. This has gotten me so depressed, but I need to look on the positive things. I just hope the prosecutors will be able to see through my neighbors lies.

Also for people who might say maybe he got mad at me because a bb hit his home. I doubt that's true. I was aiming at a downwards position and the distance with the trees and bushes make it all more unlikely.

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#2
Also don't want to mention names, but checking the ho'oiki court site, Ive seen that he has been charged with Assault and Terror threats before.
Also while I was in the hospital this asshole decides to go to my mother's work place at the farmer's market to look for my dad. Police were called and we applied for a TRO. He has yet to be served because the first the process server tried his girlfriend answered the door and said he wasn't home. Hours later he puts up "No trespassing" signs all over the place with a rope to block out cars to enter his driveway.
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#3
Sounds like an awful thing to have happen to you. You might try talking to the cops to see if he's pressed charges against you. That would help get it off your mind.

><(((*< ... ><(("< ... ><('< ... >o>
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#4


Very awful indeed, If I am to be charged it would ruin my nursing and military career. The day i talked to the police they said everything is up to the DA when they submit their reports. Near 2 months later and still nothing. I talked with the officer just yesterday who responded to my call and said he is still waiting on the other officers reports. (The ones who talked to him)
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#5
Get rid of the BB gun.
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#6
quote:
Originally posted by leilaniguy

Get rid of the BB gun.


Trust me worst purchase in my whole life. Won't be purchasing another one anytime soon. The police already took the BB Gun away from my neighbor when they responded to my call. They said it is in evidence.
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#7
Just goes to show you that the Police here are nothing but donut eaters and fat porkers!
[8D]
Enjoy life, smile, show compassion and most importantly be grateful for the things you have!
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#8
You can purchase copies of police reports that have been filed at the police department. Then you can see exactly what he said to the interviewing officers.

If he did say you had aimed the gun at him, it should be fairly easy for your attorney to point out that in general, a clear thinking individual would turn and run away from someone threatening them with a gun, not run dircectly toward the source of danger.

- Be pleasant to inefficient workers; give them undeserved promotions. - Work slowly. - Refer all matters to committees for "further study and consideration. - Hold conferences. - Make travel as inconvenient as possible. - Haggle over precise wordings of communications. - Advocate “caution.” Be “reasonable” and avoid haste. (Excerpts from the WWII OSS Simple Sabotage Manual)
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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#9
Remember, we don't know both sides of this tale.
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#10
quote:
Originally posted by HereOnThePrimalEdge

You can purchase copies of police reports that have been filed at the police department. Then you can see exactly what he said to the interviewing officers.

If he did say you had aimed the gun at him, it should be fairly easy for your attorney to point out that in general, a clear thinking individual would turn and run away from someone threatening them with a gun, not run dircectly toward the source of danger.



I am hoping that the prosecutor can see this also and decide not to file charges. Also do you know where I have to go to purchase that police report? I asked the officer who took the case and he gave me a phone #. When i called and gave them the report number they said I can't get it because it was still being "investigated" and can only get it for insurance claims or something.
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