Legal Question in Civil Litigation in California

Accused of shooting neighbor's door with BB gun

My neighbor came over yesterday (Jan 22, 2005) and asked if my son had a BB gun. I answered that he does. He then handed me a copper clad BB, accusing my son of shooting a hole in his glass door. I then said that it couldn't have been my son since his BB gun uses zinc plated BB's. I asked him if he saw my son do it. He basically said no, but got very belligerent then called the sheriff. The sheriff arrived and spoke with me, then my son. I told the sheriff the same story. He asked to see my son's BB gun. It is a Daisy Red Rider 105 B. He then asked to see what it was loaded with. I unloaded the gun in front of him. It was loaded with the zinc-plated BB's, not copper. After speaking with my son, the sheriff said he was satisfied that my son did not shoot out the door. The sheriff said that my neighbor stated that he did not actually see my son shoot at his house, nor that he could even claim he saw that my son had a BB gun in his hand. All evidence points to the fact that it was not my son. If my neighbor decides to try and pursue this in claims court, what should my course of action be? And if he does take this to court can I counter-sue for court costs and legal fees should the judge rule in my son's favor?


Asked on 1/23/05, 4:48 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Accused of shooting neighbor's door with BB gun

Tell your neighbor to report it to his/her insurance company, get a copy of the police report and, if worst comes to worst, subpoena the police officer to testify ($150 witness fee). Mostly likely, if your neighbor takes legal action, it will be in small claims court where lawyers are not permitted to represent clients.

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Answered on 1/23/05, 5:12 pm


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