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Man points unloaded pistol at kids

Discussion in 'Legal & Political Archive' started by coyoteman5, Jun 6, 2012.

  1. coyoteman5

    coyoteman5 North south east west Active Member

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    FOREST GROVE, OR (KPTV)—A Forest Grove man is accused of pointing an unloaded gun at three children walking on his driveway Tuesday afternoon.

    Forest Grove police arrested Norman VanDyke, 67, on Tuesday, after the mother of one boy called 911.

    Angel Martinez, 7, and two friends, both 9, got off the bus at the wrong stop and were attempting to take a shortcut home through VanDyke's property.

    Investigators say VanDyke told them to get off his property and pointed an unloaded .22 caliber handgun in their direction.

    The gravel driveway is in the 4300 block of 22nd Avenue.

    "This guy, he had a gun, he pointed at us. He had a dog, he let his dog go and it was chasing me," said Angel. He said the incident was scary.

    Angel and friends ran to a neighbor's house, who took the boys home.

    "It was really scary, I got really scared," said Angel's sister, Jenny Martinez. "He's my little brother and I don't want anything to happen to him."

    Jenny Martinez said her parents confronted VanDyke.

    "He didn't deny it. He's like, 'I pointed a gun at them but it wasn't loaded,'" she said. "He was like, 'Well I thought they were older.'"

    VanDyke faces three counts of menacing and three counts of pointing a firearm at a person.

    Neighbor Carol Anderson described VanDyke as a nice person.

    "I think that's horrible. I'm shocked," she said. "I can't imagine what I know of him, of that person, doing that."

    VanDyke's house and driveway is behind a shopping center. The property is marked with "no trespassing signs," but Anderson said VanDyke often has problems with trespassers.

    "I do know he puts up with a lot of people running back and forth, throwing garbage and debris all over on his property," she said.

    VanDyke's wife declined to comment

    Copyright 2012 KPTV (Meredith Corporation). All rights reserved.
  2. M67

    M67 NW Oregon Active Member

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    This is why the person in question is in trouble.

    166.190 Pointing firearm at another; courts having jurisdiction over offense.

    Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly 163.320]
  3. accessbob

    accessbob Molalla, OR 2A Supporter

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    What a jerk.
  4. bikejunkie

    bikejunkie Salem Well-Known Member

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    I'm surprised the penalty is so light honestly. You don't ever point a gun at anyone unless you're prepared to shoot them. What a dumbass
  5. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Give the old boy a break...dumb? Yes, Will it cost him some of his retirement income, yep, but I would suggest the old boy would have better used that money he will pay in fines with (there will be three counts you know) to put up a fence so people don't use his property as a short cut if he dislikes it that much.

    Back when I was a kid in the 50's, (Seaside, OR) a friend of mine and I took a shortcut through a guys property, and the old boy shot us with unpopped popcorn out of a 12 ga. He never even got in trouble back then (we did)...this old boy grew up in that same time period, and probably does not know, laws change...
    retiredgal and (deleted member) like this.
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    If I remember right I think I was shot at 4 times as a kid on someone elses property (mostly by a single shot 12ga only hit a by a couple BBs that mini bike I was on was moving pretty fast.). Shot at once to get my attention so the neighbor kid could show me his new 6mm remington model 700 (it was a 500 yard shot that hit grandmas pump house about 10 ft from me while I hung up clothes on the line) I was hit buy BB's and pellets 4-5 times and have as many scars from them. I was held at gun point by the General in charge of the Marines in the South Pacific during WWII when we were backpacking up a local creek and ended up coming out in his backyard to ask directions. Ended up having to walk almost a mile down to the road and around behind his place to grab our gear.

    But we grew up in the 60's out in the country. And by age 11 were wandering all over the place shooting most anything that moved with everything from BB guns to Model 71 Winchesters in .348 (course that wasn't until all the .30M1 ammo was going dad had stockpiled and we were closer to 14 that the deer rifles wandered out of the gun cabinet.
  7. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    When I was a kid, and I was on someone else's property taking a 'short cut' I knew full well that the person who owned said property might unload a 12-gauge with rock salt on me. The kids were admittedly breaking the law, the owner was telling them to get the hell off. Case closed.

    To me this is like when you walk into a store barefoot and shirtless, when the sign says 'no shirt, no shoes, no service' and getting pissed they kick you out. Come on.

    Maybe the kids should have accepted the consequences for their own actions? Not be taught they can get away with anything.

    Wow, typing that makes me feel so old.... Oh, never mind, I always understood that my actions had consequences, I just choose to ignore them sometimes. There is a HUGE difference in knowing something is wrong and doing it anyway, and claiming you are a dumb *** and not knowing it was wrong.
  8. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    My dad got shot in Roseburg crossing over someone's property with a 12g load of rock salt - right in the butt. He said it hurt like crazy but the salt was healing the wounds lol. He didn't dare tell my grandfather HOW he got shot. In the 40s-50s that was just the way it was.

    This ranks up there with the guy that put the kid in the washing machine. Really dumb thing to do, but hopefully he won't have his life destroyed over it.
  9. Chipperxd

    Chipperxd Buffalo Active Member

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    While the old man shouldn't have pointed the gun, the little kids are in the wrong too. just like majority of stories like these, both sides were being stupid. Granted, the old man should have known better but if there are signs that say not to trespass, don't go on that property. Plain and simple. And please don't give me the "but they are only kids" BS excuse. They are old enough to read the signs.
    retiredgal and (deleted member) like this.
  10. coyoteman5

    coyoteman5 North south east west Active Member

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    I was told once while out hunting that even though it's not posted you are still trespassing private property is private property posted or not with out permission from owner you're in the wrong and can face charges.
  11. retiredgal

    retiredgal Post Falls, Idaho Active Member

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    I don't understand if this was a big ongoing issue why he didn't fence or barricade his property in a manner to prevent normal intrusions. or talk to some neighborhood parents nearby and say "I have a problem with......" and ask them to help tell kids to not cross his property ? A gun in the air was just stupid and overeaction, versus hollering at the kids or something.

    Painful lesson learned the hard way. Will others read and not do it sometime?
  12. BroncoFan

    BroncoFan Eastern Oregon Active Member

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    Are you freaking kidding me? The kids through no fault of their own get dropped off at the wrong spot, then try to get home. If you pointed a gun at my 7 year old who through no fault of his own was just trying to get home? You'd be going down hard. At 7 year old a stern voice would have sent those kids packing. I don't care what era you grew up in. Short of imminent threat of felonious harm or death, a 67 year old man has NO business pointing any weapon at a 7 year old.
  13. 8ball

    8ball WA Quit talkin' and start chalking!

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    Sounds like a 67 year old with anger management issues.
    soberups and (deleted member) like this.
  14. soberups

    soberups Newberg Well-Known Member

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    I dont care how old the kids are or what they were doing, you not point a weapon at someone unless you are willing to use it and have legal justification for doing so.