BTW camera footage shows the car coming onto the property at 1:37PM, It shows me arriving at 2:12PM
At no time did anyone attempt to make contact with me in regards to the minor accident. The car was drivable and was driven away. In fact if I had not arrived I would have found my yard turfed with no clue as to what had happened. The appropriate thing to have done when I pulled into our property would have been to approach me and explain what was going on and asked for help. Or at the very least let me know what was going on instead of demanding to know who I am on my own land. I was at my shop for about 16 minutes.

This is a copy word for word of the criminal complaint.

January 26, 2015 14:12HRS

I was going to my place in Millersburg 825 S. Washington ST. The weather was cold with fresh snow on the ground. The roads were wet and clear. As I pulled into my property from ST RT 83 I noticed a red car facing east between the black top and the Tobacco hut property line. I saw a woman sitting in the car and assumed she was another customer of the Tobacco hut using our land for parking to buy her tobacco. There was a Millersburg police cruiser sitting in the Tobacco hut parking lot. It is common to see sheriff’s cars in the same parking lot going into the Tobacco hut so I thought nothing of it.
I pulled in front of my building to unload some items I needed in my shop and to get a few items ready to take with me down to Mount Vernon to visit my son at the campus where he goes to school. As I was putting the last of the items going with me in the truck I saw the red car moving as if to turn around and leave the property. She got into the middle of my driveway and got stuck in the snow. I went back into my shop to reset the security system and when I came out I saw a male near the car. I then walked down my drive and met with the male. I asked the male in a polite tone “How is it I find this car blocking my driveway?”. His response in a nasty tone was “And just who in the hell are you?”. My response was again polite and non-aggressive tone “Well I guess I would be the property owner.”. His response was again in a nasty tone “Well who in the hell are you?”.
I replied with “Who the hell are you?” He said his name was PXXXXX, I then told him my name. He then said to me my wife was involved in an accident and you don’t have to be a smart ass. He was not involved in the accident but had driven separately and parked at the Tobacco hut. I looked at him and reminded him he started the attitude here. He continued with more negative comments. I looked him and said you need to leave the property now. Turn around and walk off of the property. He refused and said “I am not leaving here till that car is out of here.”. BTW our land is posted as well. I told him to leave now or I would involve the officer that was sitting there in his car. Now up till this point I had no knowledge of any accident. No-one had attempted to make contact with me or inform me of what was taking place on our land.
I walked to the property line and heard him say to Kevin Brown “he is giving me a hard time” I then said from our side of the line tell him the truth, not the lie. Officer KXXXX BXXXX gets out of the car and start berating me. Telling me I should have come over and offered to help these people. First, I do not have a crystal ball that tells me what took place when I was not there. I do have security cameras and footage that I can review. At about this time MXXXX from the Tobacco hut opens the door and says “I called some guys who will be right down to push the car out.”.
We are currently involved in a civil lawsuit with the owner of the Tobacco hut property. I will not allow anyone sent from the Tobacco hut or from the Tobacco hut onto our land at any time. About that time 2 males pull into the Tobacco hut parking lot and start coming onto our land. I told them to stop and stay off of the property. Officer BXXXX then informs me they will be coming onto our land. I ordered them off and Officer Brown brings them onto our land to push the car out. When Officer BXXXX gave the husband and the 2 others permission to come onto our land he conspired to commit a criminal offense of trespass with 4 or more people. The statue reads “No person shall trespass upon the land of another without privilege to do so.”. I continued to order them off of our land. Since committing a criminal act is not in his scope of duties I informed at this time I consider you nothing more than an armed intruder. I want you off of my land you just committed a crime here. He said what crime? I said criminal trespass. He still refused to leave the property after the car had been pushed clear of the snow.
The accident scene had been cleared. The car got stuck driving away. The security footage will show this. Officer BXXXX informed me he could come on my land any time he wants to. When he conspired to violate the law his actions are not those of an officer in the performance of his duties nor is this in the scope of his duties. When he brought those people onto out land against my wishes he endangered us with civil liability if those folks had been injured we would have incurred liability. I wanted an insured wrecker to remove the car. If anything went wrong we would not have any liability.
This is not Officer BXXXXX first time of bringing people onto our land when I stood there and told them to stay off. He has a history of total disregard of our rights as a property owner and the laws in regards to trespass. When we reported the transgressions of Tobacco hut related personnel in a police report Officer BXXXX felt it was petty for us to not want folks we were involved in a civil lawsuit to stay off of our land. This is a continued and ongoing pattern of behavior by Officer BXXXX. Each time this was reported to Chief VXXXXX and it has continued un-abated.

Folks, I am not trying to be a prick, I just want respect on my own land. BTW the property did sustain damage with the ground being soft under the snow. And sustained more from the car spinning and leaving ruts as they pushed it out. At no time has anyone offered us insurance contact information or contact information for the driver of the car in regards to damage done to the property.


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