"Prank" Home Invasion

[bondjames628]

Hi everyone, this situation is half about legalities and half about safety, so I was really unsure as to which section this should be under; so if its incorrect I apologize. Anyway, I'm a college student and a few nights ago my friend reported to me that he and his roommate were the victims of a "fake" home invasion at their apartment. Rather than re describe it, I'll just let you read it in his own words:

Last night, I heard someone knock on the door. My roommate was in the living room, so he was the one to open the door. I went in a few seconds later and saw a guy in a ski mask with a gun. The gun looked identical to a gun that I've seen, so I thought it was real.
I immediately start to back up instinctively, and the masked guy says "Where the **** do you think you are going? You stay right here" while pointing the gun at me. I just kind of stood there. After an amount of time that I'm unsure of (time gets lost in these situations), my roommate looks like he saw something and says "Excuse me, do I know you?"

As it turns out, the girl that lives below us decided it would be funny to prank one of our roommates that isn't even here right now. She was peeking her head around the corner, and my roommate saw her. After that, she came into the apartment, the guy took his mask off, and they started laughing. They said that they were sorry and were trying to prank one of our other roommates. My roommate and I did not even remotely crack a smile, because absolutely nothing is funny about making someone fear for their life in a perceived home invasion. The girl felt incredibly bad about it and kept coming upstairs to apologize (she lives right under us, but we don't really know her), and we would say "Whatever, it's fine" when in all actuality we were pissed and still shaken. Side note about the gun: The guy handed it to me so I could look at it. It was plastic (which I couldn't tell from the distance I was at due to poor vision), but it did not have an orange tip. The barrel was big enough for my pinky to fit in, so it looked like a gun when it was pointed at me.

I just wanted to hear you folks chime in on this. I spoke with him about the gun and he said it was plastic, so I wanted to make sure he wasn't describing a polymer pistol. He said that the slide was plastic as well, which leads me to believe that it was probably just an airsoft pistol that had been altered to look more realistic. They said they spoke to the apartment management and the police, but the police told them they couldn't pursue anything since this situation wasn't illegal since he found the weapon to be fake [which I believe is a load of crock]. So what's your reaction to this? Any suggestions to my friends for legal pursuits or tactics on being more safe in a college apartment setting? Thanks in advance.

-Taylor

 

[beeenbag]

sounds like a good way to get killed for no reason.

Im sure there is something that can be done legally but I would be more prone to let the "pranksters" know that you didn't take your personal safety lightly and they should count their blessings that you didn't take action with whatever defense plan you have via firearm, baton, pepper spray whatever, which would have been justified.

Maybe lessons can be learned from both ends in this situation without getting the law involved. JMHO

 

[Mainsail]

On Christmas day I was sitting in the living room....

It's a townhouse so garage and entry door on the ground level, main floor, and then one more flight up to the bedrooms.

....watching TV and working on my laptop when I hear the doorknob turn and someone push on the door. Fortunately for both of us the door was locked. I grabbed my .38 and walked down the stair and looked out through the peep-hole. Some guy was on his phone telling someone to come open the door. He was at the wrong unit.

If he had gotten the door open all he would see is the staircase, there's nothing personally identifiable between all the units- just the door, the landing, and the stairs. So he would have had to come all the way up to find out he was walking into the wrong house, and he would have been met at gunpoint at the top of the stairs.

 

[armoredman]

What an amazingly stupid thing to do.

 

[Sam1911]

Not sure if there is a whole lot here to say beyond the obvious.

Doors should be locked. Doors should have peep holes. Doors should NOT be opened without knowing EXACTLY who is on the other side and what their intentions are. You should have a firm plan for what to do the moment something looks "twitchy" with a stranger you've allowed to enter.

And people who deliberately make others believe that they are in grave danger of death or violent injury stand EVERY REASONABLE AND JUSTIFIABLE chance of being killed while so engaged.

If the residents had shot and killed the "prankster" they would have had every justification for doing so. Walking in front of an oncoming train, trying to live among the grizzly bears, and eating rat poison all produce similar results and share the same focus of blame.

 

[Patriotme]

That is pretty stupid and could easily have resulted in a death. I guess everyone here feels that way so it's not much more to be said.
One thing though...it's not always the goof downstairs that shows such poor judgement. Several years ago a hospital in Richmond, VA (or one of the neighboring counties) staged a fake hostage situation. They paid security personel to stage a takeover of one area. The police knew about the drill and some of the staff were told. The patients and other staff thought that it was real. Needless to say some were disciplined and the hospital got a fat lawsuit from several patients.

 

[mgkdrgn]

I would -not- try that "gag" at this house.

 

[9mmepiphany]

Not knowing your location or your local laws, it is hard to give a legal take in the situation, however...

I don't think there is any standing for legal action either. The implied threat was in your mind, rather than real. it was really no different that someone pointing a painted mop handle at you. Nothing was demanded, so there is no theft.

You might have some civil recourse, if you really wanted to pursue it

 

[Mr.Davis]

A friend of mine woke up with five black-clad ski-masked men surrounding his bed. It was a prank by a guy who had a key to my friend's apartment. They thought it was incredibly funny.

The story chilled my bones. I know for a fact I would have shot somebody had that been me laying in that bed - what else would a reasonable man do?

Stupid hurts sometimes

 

[Old Shooter]

They must be going to college on some sort of government grant for stupid.

In some places that might just get you killed or at least given a good beating.

 

[Sniderman]

WOW! That is the most staggeringly stupid stunt I've ever heard of!
The brain donor in the mask is lucky he didn't spend the rest of the night being dead!
And I can assure you that my response to this melon head living downstairs would encompass much more than "Whatever, It's fine",
I cannot even begin to print it here, but rest assured It would probably involve breathing real fire.

 

[Fred Fuller]

Your downstairs neighbor is afflicted with a significant reality deficit that might actually be incurable. Her 'actor' friend is not much better off. People get killed pulling stunts like that.

As to legal remedies, if the locals aren't willing to pursue the issue, it's not likely much can be done.

I don't know the age of you or your roomates, or what options for home defense are legally available to you in your jurisdiction. But some exploration into available options would seem to be in order, as well as learning to exercise a bit of caution regarding managing unknown contacts* at the door.

lpl

* http://www.nononsenseselfdefense.com/EZsafety.htm
http://www.safeism.com/pdfs/SNContacts.pdf

 

[IlikeSA]

It reminds me of the story (possibly an urban legend) of the girl who tried to jump out and scare her dad when he got home. She got killed in the process. That was just stupid of the people doing that "prank."

Speaking of pranks, what does everyone think about the show "Scare Tactics?" I wonder if they have an emergency "stop" if the person being scared pulls a gun or something.

 

[Zombiphobia]

Instead of asking this question on an internet forum... here's my advice, a decent lawyer will give an annalysis of the situation/consultation for free. This case is no joke. You don't mock a home invasion as a joke. That is about the clearest way I can think of to ask someone to shoot you without coming right out and asking... or trying to rob a gun store or police station..

Point is, it's beyond stupid, and yes, I'd bet my left foot that legal action could be taken.
Plastic gun or not, if they tried that with a cop, they'd be dead... speak to an attorney and sue the snot out of them, and see if anything can be done about the cops not taking action... see if anyone laughs in court. Screw apologies, I recommend the advice of a reputable lawyer and sue them both.

 

[killchain]

There's about a 95% chance that anyone who did that to me would be dead right now.

That is unbelievably stupid. And in my state, illegal. And if my legalese is correct, that kid would lose his CPL in my state if he was caught doing this stupid crap in the very least... as well as given me every right to defend myself.

Unlawful imprisonment (Felony C)

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.40&full=true#9A.40.040

Forcible Entry (not quite sure if it's a misdemeanor or felony)

http://apps.leg.wa.gov/RCW/default.aspx?cite=59.12.010

Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270

Note APPARENTLY. A pellet gun or whatever without an orange cap could easily fall under APPARENTLY. That's why they made it illegal to have an airsoft gun without the yellow or orange tip.

[EDIT= I am NOT a lawyer. Just a citizen who knows how to use the RCW search engine.]

 

[Carl N. Brown]

I think use of even a fake deadly weapon in terror of the community is a crime around here. If a reasonable person would be in fear of death or greivous bodily harm in a stunt like that, they would be justified to use lethal force in self-defense. As Justice Holmes noted calm reflection cannot be demanded in the face of an upraised knife. Or realistic gun.

Putting another person in fear of jeoprady of life or limb as a "prank" is incredibly stupid. Plus, they are lucky they were not seen by a NYPD officer during the perpertation of that stunt--they would probably be dead.

Those pranksters are probably fans of MTV "Skins".

 

[Birdmang]

Skins is a good show. Those neighbors of yours are dumb.

 

[Losov]

When I was young and taking martial arts, my friends thought is great fun to jump me in jest. The second time it happened someone almost got hurt. It's a good thing I wasn't carrying.

 

[Six]

If they were college students - talk to the school. I doubt they will share the humor in the situation.

 

[Six]

As far as S&T goes, it's a really good way for people to get shot.

You would have no idea whether the attempt was real and they were simply pretending it was a prank as a backup plan.

If you comply, they continue with a robbery. If you resist, they pretend it was a prank.

It's not unheard of from characters on the street during the victim interview. If you show you're not a suitable victim they quickly switch to "hey man, just messing with ya" or asking for change or directions.

An intruder in my home is assumed to be hostile, orange tip or no.
A stranger or semi-acquaintance taking their mask off and saying "haha, only joking" would be treated as hostile.

We'll let the police figure out the the situation after the fact, that's what they do for a living. My job is to protect me and mine.

 

[Tim Burke]

It reminds me of the story (possibly an urban legend) of the girl who tried to jump out and scare her dad when he got home. She got killed in the process.

Not an urban legend. I remember reading the story on a news site when it was first reported.

 

[BBQLS1]

Play stupid games, win stupid prizes. Those kids were lucky they didn't win the grand prize.

Fact of the matter is, life is not always clear cut, black and white. We have to asses situations presented before us and make good decisions. Identifying who is on the other side of the door before opening is a good idea.

 

[rocky branch]

Not good.

 

[Shadow 7D]

I would just walk up to her, and say, you should know, while your 'actor' would have been dead, that you would have guilty of second degree murder, as he died in the commission of a crime, and that you would have faced legal action from the family as it would have been a good shoot,

please realize that the next time you want to die, it's less traumatic if you just off yourself and don't get someone to shoot you.

OH, and I would have reported her to the campus, I'm sure that violated the student conduct code,

 

[Smoovbiscuit]

There would have been a big mess if that happened at my house.. probably true for most people on this forum