Accused of Terroristic Threat

**towed** · 05-25-2012, 08:27 AM

My question involves criminal law for the state of: Texas (El Paso)

I am new to these forums and have found them very helpful. Thank you to everyone who contributes. This is long, sorry about that.

I live in a decent gated community, I moved here hoping to avoid this kind of nonsense. I am also a foreigner with a green card and have lived in the USA since 2002.

Here is what happened. I work from home and am here every day. I have been in this complex for 2 months. I don't really know anyone here as I work 12-14 hours a day.

On Wednesday evening I hear noise outside and thought nothing of it. After it carried on, I looked out the window and my car was being towed. i was parked legally in a space downstairs. I went outside to find out what was going on and pleaded with the driver when a woman (standing with her husband) started mouthing off how I block her garage "all the time and it happens every day etc". Unfortunately this time, I have backed into the parking space in my Grand Marquis which is a big car to start with. This time I concede it was in the way, by a foot. I heard her leave in the morning so it could not have been that big of a deal. So I said a few things to the couple saying they could have just asked me to move it, I work from home, I am here 24/7. She said she had knocked on my door, which was BS because I was here and was listening for packages. I also have a LOUD door bell. I had never met these two or spoken to them or even knew they were the ones who lived below me.

After it all, I had to wait for my wife to come bring me some cash so the truck would drop the car right there and then. So to prevent the driver from leaving I sat on top of my car, on top of the truck and waited.

While i was up there, she came out and spoke in Spanish to the truck drive. I was so confused and so blown away that someone could be so nasty, that I decided to voice my 1st amendment rights and I flipped the bird said to her - quoted word for word:"F*** you, F*** you, go f*** yourself you Racist B****". I was still way up on the truck when I said this.

She then turned around and pulled out her phone, and said I'm going to video you and put it on Facebook. I said " go ahead" and shut my mouth. She then says to me " you threatened me, that's a terroristic threat in the USA, i'm calling the police" She calls the police and says that I said I am going to get back at her, which I did not say and would never say because I have better things to do. I then had the driver take me to the ATM to get money where my wife met us. As we are leaving the woman shouts up to me in the truck, "making statements like that is a terroristic threat, you better have your paperwork in order". I replied "oh, don't worry I do". After I got my car off the truck, we returned to the complex and met the police there waiting for us. They interviewed both of us, and the truck driver very kindly spoke to the police and verified my story. She still wants to press charges, of what I don't know. I am assuming a fabricated "threat" she claims I made.

The next day I heard nothing, but I did find a large mark on the side of my car which I cannot prove she made but it is clear she did. She has a red car that she parked next to mine, and as I was backed in for the first time ever, the mark is from a car door opening hard against mine down the drivers side. It could have only come form a red car - Which she has the only red one in out little colder-sac.

Anyway.

What can I be charged with, what is the statute of limitations and how should I defend myself? I have used lawyers before for immigration and traffic fines, I will be glad to do so again as this woman is fabricating this. For a while I used to believe that free speech was available in this country. I am sad to say that I am doubting it these days.

**aardvarc** · 05-25-2012, 09:41 AM

Free speech doesn't mean you can say anything and everything, in other words, not ALL speech is "free". Some speech can be a criminal violation, depending on its content. I'm inclined to agree with you that telling her to go F herself wouldn't meet the elements of the crime of assault (threats) or terroristic threats - but if the person on the receiving end of the speech FELT threatened by combination of words and actions, she has the ability to file a police report on the incident.

You can see the elements of both simple assault and terroristic threats here:

http://www.statutes.legis.state.tx.u...E.22.htm#22.07

Whether or not the state will decide to move forward with a criminal charge based on that report we're not in a position to guess, but unless there were witnesses to the threat, I'd think the DA likely has better things to do than get in the middle of two neighbors, both of whom decided to act out at each other. But stranger things have happened. IF you are actually charged with a crime, THEN it'll be time to speak to an attorney before talking with anyone else or entering a plea. The state has up to two years to charge you for a misdemeanor (but honestly, if they're going to charge, they usually do so rather quickly).

Unfortunately this time, I have backed into the parking space in my Grand Marquis which is a big car to start with. This time I concede it was in the way, by a foot.

That's all it takes. It doesn't have to inconvenience your neighbor to some great degree, nor does it have to be a continuing issue before action can be taken. It's not up to your neighbors to come ask you to move it or contact you in any way. The burden is on YOU to ensure your vehicle is properly parked and not blocking anything or anyone, by ANY amount. It might seem petty, but it is what it is, and it isn't the NEIGHBOR'S problem. If you make it the neighbor's problem, you can anticipate that the neighbor will in turn make it YOUR problem.

If you can PROVE that your neighbor damaged your vehicle, then you can sue her in your local civil court for damages and court fees.

**towed** · 05-26-2012, 04:48 PM

Thank you very much for that detailed response. I will wait and see what happens, I will be interested to see how things proceed. If she has anything to go on, I am sure it will be a long shot. Stranger things have happened like you said!