tom has nailed the law ... my prior post was written before I read tom's 
message below.

jim

----- Original Message ----- 
From: "Thomas P. Malone" <tmalone@BGS.COM>
To: <MOU-NET@LISTS.UMN.EDU>
Sent: Sunday, February 13, 2011 8:49 PM
Subject: Re: [mou-net] Stickney Road Warning


> Since my last post I did a little bit of on-line research about the 
> incident involving the irate land owner.
>
> 5th degree assault does not require a physical injury or even physical 
> contact. The mere threat of physical contact can be enough to be charged 
> with fifth degree assault.
>
> Thus, if the victim was "reasonably" (a legal term and thus in quotes)  in 
> fear of attack, I think an assault may have been committed.
>
>
> Thomas P. Malone
> Attorney at Law
> Barna Guzy & Steffen
> Minneapolis Minnesota
> tmalone@bgs.com
> (Via BlackBerry)
>
> ----- Original Message -----
> From: Minnesota Birds <MOU-NET@LISTS.UMN.EDU>
> To: MOU-NET@LISTS.UMN.EDU <MOU-NET@LISTS.UMN.EDU>
> Sent: Sun Feb 13 20:27:48 2011
> Subject: Re: [mou-net] Stickney Road Warning
>
>        Mr. Hendrickson is right.  These incidents should be reported.  I 
> was a deputy public defender here in California for 31 years, but I now 
> spend my summers im Itasca County, MN.  These people usually hurt someone 
> eventually.  If he says he's going to shhot you, or kill you, believe him. 
> Get away and notify law enforcement.  If he made a specific threat or if 
> he hurt or tried to do so, then file a complaint, request prosecution and 
> be prepared to go to court if necessary.
>
>         I'm not familiar with Minnesota law, but in California, 
> threatening people can be treated as a felony.  Pulling a gun on someone 
> is illegal in all states.
>
>         This guy needs to be stopped.  Sure, helped, but in a secure 
> facility.  He will hurt or kill someone.  Please, report all these 
> incidents.  You will be saving someone from serious harm.
>
>           Good birding,
>
>
>
>
> Peter Dullea,
> Senior Deputy Public Defender
> for Santa Barbara County, Retired
> Lompoc, California
> pdullea@hotmail.com
> (805) 350-1304
>
> KI6PWE
>
>
>
>
>
>
>
>
>
>
>
>> Date: Sun, 13 Feb 2011 18:15:06 -0800
>> From: mlhendrickson@YAHOO.COM
>> Subject: Re: [mou-net] Stickney Road Warning
>> To: MOU-NET@LISTS.UMN.EDU
>>
>> I talked to a resident who sort of knows this guy because he has property 
>> near
>> him.  This person must of gotten out of jail recently because he was 
>> arrested
>> possibly a year and a half ago for pulling a gun against someone near or 
>> on his
>> property.  He is very unstable and has been known to chase after cars and 
>> doing
>> exactly what Cindy mentioned.  I have her stories from witnesses who said 
>> they
>> been followed by him for nearly 10-15 miles before the party stopped to 
>> confront
>> this man.  I am sure the county officers know of him but unfortunately 
>> Sax-Zim
>> Bog / Meadowlands area is patrolled very seldom by law officials.  So the 
>> more
>> reports people share to law officials the more they know of him and the 
>> more
>> what he has been up to lately.
>>
>> Thanks
>>
>>
>> Mike Hendrickson
>> Duluth, Minnesota
>> Website: http://www.mikehendricksonbirding.com
>>
>> Blog: http://colderbythelakebirding.blogspot.com/
>>
>>
>>
>>
>> ________________________________
>> From: Chris Edwardson <chris.edwardson@GMAIL.COM>
>> To: MOU-NET@LISTS.UMN.EDU
>> Sent: Sun, February 13, 2011 7:57:51 PM
>> Subject: [mou-net] Stickney Road Warning
>>
>> Cindy and I were birding the bog on Saturday and made the mistake of
>> stopping (for a possible owl sighting) near a house on the Stickney
>> Road that has a sign that in part says "Trespassers will be violated...."
>> The owner walked out to the road (we were 200 + feet past his driveway) 
>> and
>> asked us what we were doing there.  I said we were birding, but he acted
>> confused and began confronting us, yelling that he had cameras watching 
>> the
>> road.  We just got in the car and left.  Unknown to us, he was not 
>> through
>> "talking" to us and when we were several miles away he pulled up in his
>> car while we were driving and forced our car to stop.  I use the word
>> forced, because I felt like I had to stop or he would try to run us off 
>> the
>> road.  We listened to him rant about being an ex-marine, prior killer of
>> enemies, Christian, etc.  Eventually, he let us drive on.  He mentioned
>> having problems with birders before so we wanted to be sure to remind
>> everyone not to stop anywhere near his house.  I am considering 
>> contacting
>> the county Sheriff just to have the incident on record.
>>
>> -- 
>> Chris Edwardson
>> Wood Technology Consulting Services
>> 31 E. Arrowhead Rd.
>> Duluth, MN  55803
>> 218-724-6357
>>
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