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Discussion in 'The OT' started by SayWhat?, Sep 7, 2012.
How do you do commit an act in a roomful of people, get caught at the scene with the weapon in hand, admit your involvement to investigators and then plead 'not guilty'?
I saw a man kill another man allegedly
Easy. You just plead not guilty. It is as simple as that. It is called the Constitution. How do you think the guy in Colorado plead not guilty? Or the guy in Arizona who shot Gabbie Giffords?
Yep ... plead not guilty and let your defense lawyer figure out the rest.
Fortunately they don't hold you on perjury charges for your plea.
All that over a driveway and a fence. At least it wasn't over a satellite dish.
I understand the need for HOA's in some instances, but I still cannot wrap my brain around the stuff that people get worked up over. If only the energy and time spent arguing at HOA meetings were actually put to good use in this world. I guess that can be said for a lot of things.
OK - so I'll admit I'm no fan of HOAs. BUt THAT is going way too extreme....
Well, now that you mention it...........
From the court documents:
Seems like the HOA was being very petty; a few inches here requiring a majority vote, a few inches there requiring a majority vote, yadda-yadda-yadda. Some apparent discrimination for some reason, favoritism in exceptions being allowed for others, etc.
Not excusing the final outcome, but the HOA cold have handled it much differently. I really don't see any reason for any of it to have ever gone to court in the first place. Both sides seem to have been on power trips.
I'll be curious to see if the family remains there or not.
Is there a "you cannot kill" clause in the HOA documents? As specific as the HOA rules get on other issues they may have overlooked this one. A good lawyer could argue that murder was not against the HOA rules and the family could keep the home.
Then again, with all the petty rules a HOA has they could probably harass the family enough over other things to get them to move.
I used to do business at a condo that was broke because it had been built on a defective landfill and was gradually sliding down the hill and so it generated humungous repair bills, and the people on the HOA board would prioritize the repairs to favor them and it was so bad that they regularly had a salaried off-duty patrolman at those meetings to keep irate homeowners out.
An acquaintance of mine once beat someone to death with a baseball bat, but he didn't have to plead not guilty, since the district attorney bought his explanation that he dd so in self defense, which sounds dubious until I add that my acquaintance had two bullets in him when he did it. The other guy should have used the silver ones. And the adage, "They only kill each other", surely applied to both of them.
And now, to the subject of satellite dishes behind homes. A decade ago I serviced the dish of a former NBA player that had been a thorn in the side of his community. They had an ordinance that said dishes had to be "behind" the house, but his house was the only one on his street that had a long driveway with the house off to the left side of the driveway, facing that driveway, so his front door and the front of his house was oriented that way, and so he reasoned that he could put his big C-band dish anywhere on what he saw as the "back" half of his lot, which really was the left half of his lot. Well, his neighbor got pissed and planted a 20 or so foot tree on the edge of his own property to block reception of many desirable satellites, including once popular G-5.
Fortunately, while they were fighting this, DirecTV came into being and the satellite customer bought the first DirecTV system in his neighborhood. They cost about $1,000 back then. I got involved half a dozen years later when the NBA player moved and sold his house and took his DirecTV dish with him and his brother in law wanted me to move the C-band dish about ten feet to restore the sight line for the buyer.
A "not guilty" plea (or verdict) is not the same thing as "didn't commit the crime."
I'm sure there is some sort of clause saying that you won't violate any laws on the property.