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kids vandalize home, homeowner faces jail
Quote:Jesse Daniels, 53, is accused of endangering the welfare of children for the actions he took after catching four boys in the act of vandalizing his father-in-law’s home over the weekend. With extensive damage done to the inside of the house, Daniels and his wife called 911 — and he went inside of the residence to confront the boys.

But that’s not all: Daniels put the kids inside of a closet while he waited for authorities to arrive. It was this latter action that created an even bigger legal conundrum.
It's the "BILL OF RIGHTS" not the bill of "needs"
What a mess. I can understand this guy's anger catching the kids doing this. These kids should be punished severely both by the system and by their parents. They should have to work off the damages, etc. Having said that, you can't go detaining kids and locking them in a closet. If this happened to my kids I would be livid, both at them and at this guy. Not sure that I would take any action against this guy though.....tough call there.
The law? The law is a human institution...
If it were my kid(s) doing this, I'd have no issue at all with them being detained in a closet and then later detained in a jail cell. I'd be absolutely livid at them, not the home owner.

I'd be grateful the homeowner didn't shoot them.
PisnNapalm;105985 Wrote:If it were my kid(s) doing this, I'd have no issue at all with them being detained in a closet and then later detained in a jail cell. I'd be absolutely livid at them, not the home owner.

I'd be grateful the homeowner didn't shoot them.

^ That makes two of us.
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snipped and my bold.

Quote:The four boys, two sets of brothers and cousins, ages 8 and 10, had caused tens of thousands of dollars in damages (Daniels estimates damages in the range of $50,000); breaking 14 double pane windows and smashing to the floor level a new toilet and fixtures which Jesse and Richard had recently installed. Just about every wall and room in the home was either splattered with paint or received the harsh end of hammers.

According to Clyde Village Police Officer Larry LaValley, one of the boys taken into custody was upset with Daniel’s wife for telling them to stay out of her yard earlier that day. The words “cunt” and “bitch” were painted on the walls.

Jesse, who owns and operates JD’s Hots in the Village of Clyde was shocked after the police had arrived and the dust settled. He believed the incident first began when his wife Kim, yelled at the youths earlier in the evening. He added that it was likely the boys thought he and his wife owned the property belonging to Muoio, who has been a member of the Clyde Fire Department for over 35 years and is considered, according to police, one of the nicest guys around, who would do anything to help people out.

On Monday (6/10) evening, it was Daniels being arraigned on charges, not the four vandals. He was charged with four counts of Endangering the Welfare of a Child. It is alleged that Jesse threatened to strike the (4) juveniles with a hammer if they refused to get into the closet, where he had them detained. Jesse was arraigned before Judge Lester Carr and released to return to court on June 26th. While the boys were trapped inside the closet, Daniels claims one of the boys told him that the youth’s mother told the boys to come over and do it. Police could not verify that statement, but one of the boys admitted the break-in and damage was in retaliation for Daniel’s wife telling them to stay out of the yard earlier in the evening.

The parents of the boys, according to police, insisted upon the charges against Daniels, admitting their kids had perhaps caused the damage, but that the Clyde businessman went too far in threatening the boys.

According to Officer LaValley, Jesse had indeed called police before entering the house in an attempt to stop the vandalism. LaValley reported that he advised 911 to contact Daniels and tell him to stay out of the house until he (LaValley) could respond. “How do you tell somebody not to defend the house – but the kids were young,” said LaValley. He said he found the four boys in the closet and immediately walked them home to their parents before he could question them.

The four juveniles were reportedly issued appearance tickets on Friday. They face charges of Felony Burglary in the 2nd Degree and Felony Criminal Mischief in the 2nd Degree. Due to their ages, the charges are being referred to Family Court for disposal.

According to Assistant County Attorney Erin Hammond, who handles juvenile cases for Wayne County, the law allows anyone over the age of 7 to be charged with a crime. The boys could face juvenile detention, but that is highly unlikely. The Family Court could order probation and restitution. Under New York State law, a juvenile can only be held liable for up to $1500 in damages. Richard Muoio could be awarded only a maximum of $6000 in restitution for all the damage done.

Close to $50k in damages and he will only be able to attempt to collect a total of $6k.
The Second Amendment does not GIVE us the right. It tells the gov they can not infringe our right.
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Let their parents know they will pony up the FULL cost.

CONVINCE them Angry
worker987, proud to be a member of since Sep 2012.
It sounds like the victim used a reasonable amount of force, given that he was outnumbered four to one, to detain the suspects in the course of making a citizen's arrest for a felony. There is no constitutional right not to have the shit scared out of you, and in fact that is infinitely preferable to (what would also be legal) physical but non-deadly, force that the man could have used to hold the suspects.

A cop might have threatened to go upside the kids' heads with his baton if he needed to get them to comply with being arrested. Sounds like maybe they need to add "resisting arrest" to the charges the kids are facing.
gascolator, proud to be a member of since Nov 2012.
So, the cops are going to believe the story of punks who did $40,000 worth of damage, that this guy "threatened them" and "grabbed their neck"?

In the "old days" they would have said "You reap what you sow" and they would have made the kids pay back the damage.

I can't ever see my kids pulling this kind of crap...but if they ever DID....and the guy grabbed their neck and put them in a closet and called the cops...I'd just tell my kids that they deserved every bit of it. Stupid parents trying to give this homeowner a hard time because of the crap THEIR ill-raised hoodlums did? That's the whole problem to begin with.

Sorry, the guy had every right to act as he did. And I don't see that anyone can show ANY marks on their bodies of harm he did. No crime.
Error 396: Signature cannot be found.
Whenever I hear the word "kid", I ask for the parents to be "responsible", like paying for the damage and stuff like that.

If the "parent" (singular on purpose here) doesn't want to be "responsible", then don't use the term "kid" and treat them as the fu**ed up, wannabe adult scum that they are.
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If I were this guy I never would've called 911. No one would ever see those kids again. I would've wrapped them and sealed them in plastic and vacuumed the air out. When I was their age we didn't break into someone's house and vandalize it. We vandalized the outside. We realized people had guns and would probably shoot us if we tried that crap. We'd wait til they weren't home and egg their house or spray paint it or break their windows and be gone as quick as possible.

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