Jesse R. Daniels, age 53, has a right to be a bit confused. He heard vandals destroying his father-in-law’s house that they were remodeling next door in the Village of Clyde. He told his wife to call police and he ran over and confronted the intruders. He found four young boys with hammers who destroyed the interior and forced them into a closet until police arrived. The parents of the vandals insisted on charging Daniels who was arraigned last week on charges of endangering the young boys who caused an estimated $50,000 in damage to the home.
One of the boys reportedly was upset because Daniels’ wife yelled at them that morning to stay out of their yard. Daniels says that one of the boys said that his mother told them to come over in retaliation, though that is not in the police report. They threw paint on the walls, broke cupboards and fixtures, and punched holes in the walls before Daniels stopped them.
The four boys are all related and aged 8 and 10. The words “cunt” and “bitch” were painted on the walls — believed to be references to Daniels’ wife for yelling at them.
Daniels was charged with four counts of Endangering the Welfare of a Child. His charge is based on threatening the boys with a hammer if they tried to get out before the police arrived. He did not strike any kid. The parents of the vandals reportedly admitted that they trashed the house but insisted on Daniels being charged. The kids face charges of Felony Burglary in the 2nd Degree and Felony Criminal Mischief in the 2nd Degree.
The thing I find curious about this charge is that any homeowner would have to threaten vandals to some degree to get them to remain in a home waiting for police. Presumably, he could have grabbed them against their will and exercised some physical force. While you cannot protect property with lethal force or force calculated to due serious bodily harm, homeowners are allowed to defend their property and themselves. In this case, it is unlikely that these vandals would simply stand around if Daniels said “I have a hammer, but I am not going to use it.”
What do you think is the appropriate standard in such cases?
Source: Wayne Times
I think it is ridiculous but the parents have the right to press charges. On the other hand the county I would assume has the right to refuse to do so.
Sling;
His life was in harm’s when he caught 4 persons who were “breaking and entering” (literally).
One’s counsel could argue that the only harm or risk to the bandits – was what they would do to each other (which always and still exists).
Unless there is a state published manual on how to handle breaking & entering rogues; you have to improvise.
What is a real sad state of affairs are the parents who seek to diffuse their kids bad faith through obfuscation of the issues at hand.
Time for an injunction against the DA and a BIG civil suit against the alleged adults who are responsible for the boys.
“His charge is based on threatening the boys with a hammer if they tried to get out before the police arrived.”
Would it not also include imprisoning them?
Is this not false imprisonment?
Would he have been in the clear if he had said “I am making a citizen’s arrest”?
He might have a right to defend his life and property.
It seems that they made to leave – which would mean that his life and property would no longer be under any threat.
Was his life actually under threat anyway?
“…under Texas law they could have been shot”
That’s insane.
Four boys 8 to 10 – who were trying to leave.
Presumably he knew who they were.
What was the point in detaining them?
“…under Texas law they could have been shot”
That’s insane.
I quite agree. While I agree with most of the Texas laws on use of deadly force, it is so overbroad as to enable a homeowner to shoot and kill some kids who are TPing a house at night. I think that Texas needs to restrict the use of deadly force a bit more than they do.
Of course, parents need to tell their kids the possible consequences of bad behavior, and in Texas it can be fatal if they do not. That tends to make kids here a bit more cautious. It seems that these parents know the law enough to let their kids get away with criminal activity, and that needs to stop too.
Remembering back, to Paul Harvey stories of yesteryear –
1. Physic gets brain scan and sues hospital for lost of ability
2. Man jumps off roof in attempted suicide, lands on car – sues owner
3. Crook falls through roof in burglary attempt – sues house owner
4. Drunk driver wrecks, kills himself, wife sues for lose of hubby & wins
This case fits with those.
ABSURD!
ARE,
Possibly correct, but I have a feeling the homeowner’s insurance company may go after the parents. I don’t know much about insurance law, but I have signed subrogation papers several times in my life, and in all but one case, the insurance company collected and sent me a check for what I had paid in deductible.
Of course, there are some folks who are judgement proof, and these parents may be some of them.
He’s fortunate not to have been charged with kidnapping.
I’m making that point because I don’t really understand what the prosecutor is thinking here, not because I’m defending their actions.
As for the main article, it seems unlikely a jury would convict under these conditions.
That is probably (possibly?) correct. However, if the prosecutor nevertheless decides to prosecute, the costs of defense counsel and all the rest may well approach the costs of the damages inflicted by those beloved “youths.”
“I think that making the parents pay for all the damage and sticking the kids in juvenile detention until they pay up is a fair solution. ”
That’s effectively what would happen if the kids were sued.
David according to the linked article, it stated the kids are limited in how much they can be held liable for damages in any lawsuit. It did not say what the law is on the liability of the parents. I assume that it is the same as for pets. My brother had a wonderful husky who acted like a husky, and escaped, went down the road, and killed 60 organically raised chickens. He got to pay for all the dead birds, and they did not have to go to court since he did that as simply doing the right thing. I hope that the law in NY will hold the parents liable for all the damages.
I read the article and it said that the parents cannot be sued for the damages their kids caused. How is that possible? I think that making the parents pay for all the damage and sticking the kids in juvenile detention until they pay up is a fair solution.
It is obscene that this happened to the poor guy who was well within his rights in using force to stop and protect his life and property. What would have happened if the kids had some knives and/or guns? At least this would not have happened in Texas, and the kids would be lucky to still be alive since under Texas law they could have been shot. That is going a bit far of course, but this is going in the opposite direction. Too bad common sense is being lost in our laws.
“The report failed to mention the mother of the 2 of the youths is a crack whore and former pole dancer. Her pole dancing career ended when she ended up w/ more fingers than teeth. Am I going to get demerits for saying this is not the mother of the year? But the cop gets the annual Barney Fife Award.”
How is this information, even if accurate, relevant?
As for the main article, it seems unlikely a jury would convict under these conditions.
What a sham. The man had a right to detain these burlglars. He did not injure them in any way. Children do not have a right to feloniously enter a dwelling and cause $50K of damage, how does it endanger their welfare to stop them from doing this without any physical harm?
The judge should have tossed the case against the homeowner out during arraignment.
The DA in this county should be charged as an accessory after the fact.
The parents want him charged so that they can use it as a bargaining chip on charges and damages. The law charged him because a man versus four little kids?–better safe than sorry.
The charges against Daniels should be dropped because he used reasonable means to insure they did not escape.
Land of the free, home of the brave. American exceptional ism rears its ugly head once again!
The report failed to mention the mother of the 2 of the youths is a crack whore and former pole dancer. Her pole dancing career ended when she ended up w/ more fingers than teeth. Am I going to get demerits for saying this is not the mother of the year? But the cop gets the annual Barney Fife Award.
The mom endangered her own kids. Charged her!
The law is this much of an ass? What has happened to judgment?