When You’re Falsely Accused of a Gun Crime – 12 Things You Need to Know

Status
Not open for further replies.
Sorry skribs, what was wrong was when threatened and terrified by the son's actions - they should have called the cops.

When were they "terrified" by the son's actions? They gave the neighbor some crap during dinner, the neighbor's son came over to their house afterwards and gave them some crap at the door. After that the husband went over to the neighbor's house and apologized. He obviously wasn't very "terrified" if he went over to their house afterwards.

It was a BS squabble between neighbors, and one elevated it by making a false claim (if the story is true, for all we know the husband really did pull a gun). There's nothing you can do about that. It's going to come down to your word against theirs. You better hope that you have some witnesses on your side.

I was a sheriff for 8 years, probably 25% of our calls were "he said, she said" situations similar to this.
 
Last edited:
Must have missed that part. If they were "terrified", it would have been a good idea to call the cops. Wouldn't surprise me if everything still turned out the same way.
 
Just curious. What happened to the "son" after the ordeal is over? What can happen to one who does such a thing?
 
Just curious. What happened to the "son" after the ordeal is over? What can happen to one who does such a thing?

As I understand the law, what he did was file a false police report. Which in most states I think is only a misdemeanor. A few months in jail and/or a fine. Depending on state
 
...the Gesses had no recourse to either the individuals or the legal system that falsely accused them...
I have difficulty believing a portion of this. In this day of being able to file suit against almost anyone for almost anything, I don't understand what prevented them from taking the evidence of the acquitted case to a civil courtroom and suing the neighbor's son for the false accusation and all that resulted from it. I've sued a handful of people over the years and I've found that it is extremely easy to do so. I would think that they might even be able to press criminal charges against him for a few things like perjury or something directly within the false complaint to law enforcement.

Unless of course there is more to this story than we have here.
 
If the son was on the record lying, there are numerous articles that he could be prosecuted under, however his command would have to chose to do so.....
 
The accused being found "not guilty" is not proof that the accuser is lying. I would imagine it would require some sort of evidence to charge the neighbor's son with filing a false police report.

In regards to suing the neighbor's son, it takes money to do so and the son may have nothing worth suing for.
 
He may have perjured himself/recanted his story.. I don't know. There may well be more evidence than the original criminal, "he said, he said" and the level proof is much lower in civil proceedings. Certainly damages can be shown. As to payment, the fellow can pay with his future wages/inheritances etc. and as to "cost" isn't the wife a lawyer?
 
I'm slightly more inclined to believe an active duty seal, than to believe a woman who forthrightly admits she wrote a book to rehabilitate her family's image.

Complaining repeatedly about the burden of not being able to drink for a few months, in case you get tested, is how I'd expect an alcoholic to behave. I would expect a sober, innocent person to take the high road on trivial indignities, in order to underscore the larger issues.

Schooling at University of Chicago doesn't win any points for trustworthiness either.
 
Complaining repeatedly about the burden of not being able to drink for a few months, in case you get tested, is how I'd expect an alcoholic to behave. I would expect a sober, innocent person to take the high road on trivial indignities, in order to underscore the larger issues.

I would expect any person whose civil rights are violated by being punished without due process to complain.

I do however agree that there is more to the story.

He may have perjured himself/recanted his story.. I don't know. There may well be more evidence than the original criminal, "he said, he said" and the level proof is much lower in civil proceedings. Certainly damages can be shown. As to payment, the fellow can pay with his future wages/inheritances etc. and as to "cost" isn't the wife a lawyer?

That's sort of a dangerous area to get into. If a victim has the potential for being sued if his or her attacker is not convicted many people may become afraid to report crimes.

Of course this whole story makes it apparent that the courts have probably gone too far in siding with those reporting themselves as victims before a trial has even begun, much less been concluded.
 
There is justice and then there is criminal procedure. The two are not necessarily related in every case. I teach and research criminal sentencing and criminal procedure for a living and my immediate family includes a former criminal defense lawyer who is now circuit judge, a grandmother who worked for the U.S. Marshal and then Federal Court system, a mother who taught adult eduction inside the county lockup for a decade or so, etc.

I say this because many people are naive and believe that injustice can't happen to them because they are "good". Believe me or not, it can. Our system of justice most usually ends up at the right result, however, the ensuing process is miserable for the defendant even if acquitted or no billed. Even worse, bad cases sometimes result in wrongful convictions especially those that rely primarily on eyewitness testimony.

BTW--this case also provides a reason to follow what Chuck Farnam says as keeping a very low profile. Don't let others than your most trusted friends and family know that you keep firearms. Never talk about the contents of your safe. Never talk or show what guns that you have. Remember someone, somewhere, might use that against you.

Another point is to find a good criminal defense lawyer in your community and pay them for a get to know you visit where you discuss firearm law. I think that comes from Alan Korwin. Most will be tickled pink to have a customer who is sober, industrious, and innocent. Keep up the relationship over time.

While the good ones do not come cheap, one needs to consider how much is your liberty worth. Simiilarly, many noted gun trainers also serve as expert witnesses that could help you out of a legal jam so attending their schools might be another good preventative.
 
Now if you are falsely accused and found innocent are you not able to sue the accuser for liable/defamation or something??
 
Posted by Coltdriver: Now if you are falsely accused and found innocent are you not able to sue the accuser for liable/defamation or something??
Your having been accused and found not to be guilty beyond a reasonable doubt does not prove the accusation to have been false.
 
Sage advice...and a lot of it.

As a retired naval Chief Petty Officer, I've occasionally been asked what I though of shows like NCIS and such. I always tell such people I don't watch them, which surprises many of them, considering the fact that I served 20 years with the Navy.

An NCIS agent is not looking for "the truth", contrary to the way they're portrayed in the show. He's looking for enough evidence to get a conviction, period. That's his job. That's the job of any investigating agency into a crime or one who is accused of a crime. For every question they may ask about any given aspect, there are 50 shades of gray in which they will ask that same question. Answer any one of them incorrectly, and it doesn't matter how you answered the other 49...you just d*mned yourself.

I learned this the hard way, suffering through a very nasty divorce with my first wife. From the time I was transferred to shore duty to deal with my problems over that, it took me 1 year, 11 months, 1 week, and 4 days to dig myself out of that hole. And that doesn't count the issues I had to deal with long afterwards, either. (I'd say "not that I was counting", but I very clearly was. I remember that statistic more than 20 years later, thank you very much.)


If there is any thing else I could add to the OP's article it's this:

DOCUMENT, DOCUMENT, DOCUMENT.

At the first inkling of any kind of trouble, and during the entire process of dealing with it, document every detail in writing. Names, dates, who said what, where things happened, what you saw, witnesses, verifiable lies, verifiable truths, contact information for any witnesses of any kind, pictures/audio/video records. You name it, document it. Make it a daily diary and feel free to include the time you get up, the time you go to bed, and all your nightmares.

This is the meat and potatoes for any attorney. A meticulous track record can work wonders. Documenting a history of verifiable lies can go a long way in discrediting the things an accuser says which you cannot prove. A detailed timeline is invaluable.

And at the start of any problems...quit playing the game by the rules of the accuser. Shut your mouth and do all those things the OP listed...THOSE are the real rules of the game.


If you've never been falsely accused, be thankful. The stresses you go through are nearly incapacitating.
 
+1 RetiredUSNChief. I sometimes think everbody should be accused of SOMETHING at least once... just to see what its like. Then I come to my senses, because I wouldn't wish that experience on anyone. :)
 
It is not just "gun" crimes.

Once the system keys on you, you are screwed no matter what. Just the way it is.
 
If you've got money in this country, then you can get justice. Everyone else gets 'the law'.
 
Status
Not open for further replies.
Back
Top