Legal Question in Criminal Law in Texas

I have been stalked by a homeless man since May of 2009. I have made countless police reports, met with a detective, got a criminal trespass warrant against him for my property. The detective told me he would not pursue stalking charges because "he is a transient" verbatim. This man fits all the classic stalking behavior. The reason I tried to file charges was because he decided to slash my tires. He was sleeping outside of my apartment tonight and I called the police. They just couldn't seem to find the criminal trespass warrant when I specifically watched the officer the last time issue him the warning not to come on the property again accompanied by a letter from my property manager. To make a long story short, I am terrified of this man. I do not feel that justice is being served in my favor by the police department seeing as how they feel he "is a transient" lets him slip through the justice system. I am seriously afraid to go out of my house when it's dark. I won't do my laundry at the laundromat. I am afraid to walk to my car. I had to transfer my job to another location because of him. Do I have a case against the police department for failing to protect and serve me equally?


Asked on 1/28/11, 8:25 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

I would call the police EVERY time you see the man. I would keep a diary of every sighting and encounter. I would take pictures with a dating camera. If, after a short period of time or several encounters, you call police and cannot get satisfaction (an arrest), then (not knowing where you are) I would GO to the police department and ask to talk with a supervisor. Tell the supervisor everything you have had to put up and and everything you have done (and bring your diary and photos for proof). If you cannot get satisfaction that way, file an IAD complaint against the last officer who came to your home as well as the supervisor. (Make sure you get the detailed information about each officer that comes to your home.)

I would also contact the district attorney's office to see if they could get you a protective order against the man. Then, if he comes within 200 feet of your home or office, he could be arrested for violating the order.

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Answered on 2/19/11, 4:49 pm


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