03x104 - Turkey Vandalism Part 2

[bunniefuu]

You have an argument with your neighbor?

He was threatening me with taking me
to court for my dogs barking.

After I told him that I was gonna bring
a lawsuit against him because of the dogs,

he said that he would take that lawsuit,

wipe his [...] with it,
and throw it on the ground.

So you knew
that your dogs were annoying to him?

- No.
- When I speak to you, you answer.

When I don't speak to you,
you don't answer, do you understand?

- [announcer] This is Judy Justice.
- [theme music]

[announcer]
Previously on Judy Justice...

You claim that Mr. Hart's turkey
damaged your car

- by flying on it and scratching...
- Well, climbing on it,

pecking it, scratching it, yes.

- What color is your pet turkey?
- So it's black and white.

Well, that's clearly a black
and white turkey. That would be yours.

I'm on my property
and he showed up with his knife,

kind of playing with it
menacingly in his hands.

I made a call to 911. Kathi had told me
that a tree had fallen on her

- and I honestly think I saved her life.
- Was the tree on her?

There was no tree.
She had started a gasoline fire

- and it had blown up on her leg.
- Did the defendant call 911?

- As far... Shh, listen to me.
- Mhm.

I know everything.

[announcer]
And now, the conclusion.

Kathi Burg-Jones and Brian Jones
are suing their neighbor, Jason Hart,

for damages to their Jeep and filing
a false restraining order against them.

- Did the defendant call 911?
- Yes.

[Judy] And as a result
of the defendant calling 911,

- an ambulance showed up?
- Yes.

But you decided not to go
in the ambulance?

Correct. Too much money.

- They told me not to.
- [Judy] Just a... stop.

You decided not to go in the ambulance?

[Kathi] Yes, after the... yeah.
The ambulance people... told me.

[Judy]
So somebody took you

- to the hospital?
- [Kathi] My sister.

[Judy] And when you came home,
tell me when you saw the defendant?

- [Kathi] He was outside.
- Shh.

- He was outside.
- Mhm.

[Judy] And tell me about
the conversation that you had with him.

- I went over...
- [Judy] Look at me.

Okay. I went over to him and I asked him,
because I was confused,

and I asked him why he did that,
why he acted that way.

- And I was...
- [Judy] Shh.

- Okay.
- Acted what way?

It was, like, rude, saying, "How rude."

- And refused to come over and help me.
- [Brian] Cussing.

[Judy] Don't... listen to me.
When I speak to you, you answer.

When I don't speak to you,
you don't answer,

you don't say anything to her,
you don't coach her, do you understand?

- Gotcha.
- [Judy] Perfect.

So you went over to him to complain?

No, I went over to him to find out
why he acted the way he acted

because it was very strange.

Most people would come over
and help somebody if they got hurt.

He was, like, telling me I was rude,

and didn't want to come help me
while I was bleeding profusely

- and it just was weird.
- [Judy] Where was your husband?

[Kathi]
He was at work.

[Judy] Prior to you going over
to ask him why he was so rude,

had he discussed with either you
or your husband the barking of your dogs?

No. Except for the fact that he would
like play... alarms and stuff like that,

telling me he's trying to train my dogs
not to bark and stuff like that.

[Judy] Well, so you... just a second. So you
knew that your dogs were annoying to him.

I'm not saying right or wrong,

- you know, dogs bark.
- [Kathi] Mhm. Yeah, they bark.

But I'm telling you is,
you never know where this mind is going.

So don't try to anticipate your answer...

- Okay. Alright.
- [Judy] ...to where I'm going.

[Judy] Do you understand?
It's not gonna help you.

- I got it.
- So you do understand

and you did understand that he had
a problem with your dogs barking?

- Yes, I did.
- [Judy] Before?

- [Kathi] Yes.
- [Judy] Okay.

So this wasn't a pleasant,
"why did you do what you do,

and were rude to me,
and didn't come over to help me yourself."

So there was an exchange between the two
of you that was an unpleasant exchange

and not only are you upset because
you had lots of stitches in your legs,

according to you, probably in discomfort,

but now you have an argument
with your neighbor

over why he didn't come
over sooner to help you.

I wouldn't really call it an argument,

because it was just me trying to figure
out why he reacted the way he did.

It didn't make me... I didn't understand,
because I... you know,

most people go over and try to help
someone when something like that happens.

And his answer was, "I didn't wanna
be liable for what happened to you."

I was like, "How are you gonna be liable
for what happened to me on my property?"

I don't know. So when your husband
came home from work...

- [Kathi] Mhm.
- [Judy] ...or did you call him?

I assume you have a cell phone.

Did you call him from the
medical facility that you went to?

[Kathi] I called him from the yard
whenever I got hurt.

I was talking to him on the phone,
on my cell phone.

Oh. So you could've
actually have called 911?

- Yeah, I didn't need him to call...
- [Judy] Shh.

When he came home from work,
did you have a conversation with him

about your interaction
with Mr. Hart that day?

- I do believe I told him.
- [Judy] That's either a yes or a no.

- I said I do believe I told him.
- [Judy] Of course you did.

What do you mean
you do believe you told him?

- That's... the answer is yes.
- [Kathi] Well, yes. Yes.

Now, we're going to move
forward to, I think, the 13th.

- Is that the... that's the day?
- Yes, the [indistinct].

[Judy] Now, Mr. Jones, tell me your
version of the interaction that you had.

Now, let's use this as a backdrop. So
I want you to know where I'm coming from.

The two neighbors have had some
problems over noise complaints,

from the time he actually moved
into his property.

- [Kathi] Mhm.
- [Judy] Then your wife is injured

and as far as she told you,

Mr. Hart was less than sympathetic in
coming over to help her when she was hurt,

- correct?
- [Brian] Correct.

- She told you all of that.
- Right.

[Judy]
And then with that in mind,

between the 9th and the 13th,
you had had no interaction with Mr. Hart?

- No, ma'am.
- [Judy] Okay. So tell me...

- He did, actually.
- Shh.

[theme music]

"Brian told me he doesn't call 911.

- He takes matters into his own hands."
- Yes, ma'am.

Did you say something to him, Mr. Jones,

about not calling 911
to your house? Careful.

[theme music]

[announcer] Kathi Burg-Jones and Brian
Jones claimed their neighbor, Jason Hart,

is responsible for Jeep damages

and for filing a false restraining order
against them.

Jason is countersuing
for noise harassment.

[Judy] Now, tell me what your version
of what happened with this knife machete

and why you even had
any conversation with him?

- Go ahead. Because I read your complaint.
- Okay. I was out on my property,

cleaning the brush off,
chopping it down with a machete.

And I was sharpening my knife

and I'd seen him over there trying
to stand up a wall by himself.

And I just thought to myself,
be a neighbor,

and go over ask him if he needs
some help, you know, lifting it up.

And at the time
I was sharpening my machete

- and I walked over there and I asked him...
- And what did you say to him?

I said, "Hey, man. Do you need some
help to stand that wall up?

Do you need help putting that up?"
I said, "I can help you, you know."

I said, "I'm not doing nothing right now."

I said, "I can help you
stand it up if you want."

And he goes, "Oh, no, I gotta take
some timbers down," or something,

something that was standing up
in the middle of the trailer.

I said, "Well, if you need any help
just let me know."

I said, "I can come over here
and help you stand it up

whenever you get ready to put it up."
You know, just trying to be neighborly.

And I had already forgotten all
about the other stuff that had happened,

you know, it comes in my mind
and out of mind as quick as it enters.

I don't dwell on stuff like that,
you know, I just... it's no big deal to me.

And... I just asked him
if he needed some help.

[Judy] You mean the fact
that your wife wasn't helped

and had severe damage to her leg,
she had to have stitches,

it just went out of your head?

No. The prior conversation
that we had had went out of my head

because I didn't have no kind of
ill feelings against him or nothing.

I was just trying to be a neighbor
and help him out to stand his wall up

to get... help him put it in place, 'cause I
seen he was having trouble getting it up.

And I didn't think nothing of it

whenever I had the machete
in my hand and I was sharpening it.

It wasn't no big deal to me.

I was just sharpening my knife to go over
there and clear some more brush off.

You know, I didn't have no ill intentions

about trying to use it on him
or anything else.

There weren't no intimidations there.

Not like whenever you come up
to the house with a g*n

and start sh**ting it 50, 60 times in a
row, you know. That there is intimidation.

- Is that what happened with the machete?
- No, ma'am.

- [Brian scoffs]
- [Judy] Tell me your... tell me again,

did he come up and ask you
if he could help you?

- Yes, ma'am.
- Did he say it in just that way?

[Jason]
No, it's not what he said.

It's the fact that he couldn't have seen
me from where he was working.

- Yes, I could.
- [Judy] Shh.

Is what he came up and said to you,

- "Can I help you?"
- [Jason] Yes, ma'am.

- [Judy] And you said?
- [Jason] "No, thank you."

- [Judy] And he said?
- "Okay."

You know, and went off the property.

- He said, "Okay," and left?
- [Jason] Yes.

And it was based on that interaction
that you filed for a protective order?

Yes, because I went to the police
and asked them what I...

[Judy] Shh. You can't tell me
what the police told you, sir.

- That's hearsay.
- [Jason] Yes, ma'am.

[Judy] I'd like to see what you wrote in
your affidavit seeking a protective order.

I'll have it.

And they dismissed
your protective order after review?

Yes, ma'am. Because they said
that it only constituted one out of two...

[Judy] Just a second... Determines...
"The court hears testimony,"

which means they took testimony,

and they determined
that there was insufficient evidence

- to justify a full protective order.
- Yes, ma'am.

[Judy] I would have ruled the same way.
Okay. So this actually further expands

what the problems have been,
at least in your perception of them.

He said, "I'm afraid of the respondent,
Brian Jones.

Brian Jones is a drug dealer
with constant foot and vehicle traffic,

who has threatened me and brought a weapon
within three feet of me at my house."

Is that the machete you're talking about?

- [Jason] Yes, ma'am.
- [Judy] Okay.

"He knows that I am working with
the police to stop the crime on my road.

He has rage issues
and is addicted to drugs.

On September 9th,
Brian told me he doesn't call 911.

- He takes matters into his own hands."
- [Jason] Yes, ma'am.

- [Judy] You didn't tell me that.
- I'm sorry. Yes, ma'am.

- [Judy] Did he say he doesn't call 911?
- [Jason] Yes, ma'am.

After I told him that I was gonna bring
a lawsuit against him because of the dogs,

he said that he would take that lawsuit,

wipe his [...] with it,
and throw it on the ground.

Did you say something to him,
Mr. Jones, about... careful...

About not calling 911 to your house?
Careful.

Did you say anything to him
about not calling 911 to your house?

- That's a yes or a no.
- I... yes, I told him...

- [Judy] Okay, just a...
- ...that I do not call 911.

...just a second. That's what I thought.

So at the time you went over to him,
and that was on what date? On the 13th?

- Uh, the...
- [Judy tuts, hits desk]

I told you the same thing I'm telling him.

- [Brian] Yeah, the 13th.
- If he doesn't know the answer,

he'll say, "I don't know the answer."

- Was that on the 13th?
- [Brian] Yes.

[Judy]
Okay. So, on the 13th, you said to him,

- "I don't call 911." Correct?
- Yes, ma'am. I said that.

And tell me, why did you say that to him?

- Why? Because...
- [Judy] Yeah, just a second,

- put it down.
- ...because he was threat...

he was threatening me
with calling the cops on me

and taking me to jail...
taking me to court

- for my dogs barking.
- [mutters] Taking our dogs.

- Your case is dismissed.
- I didn't say anything.

[Judy] Yes, you did.
Yes, you did. And you're annoying.

You haven't even given me
a chance to say anything.

- [Judy] I just had a whole...
- I was... I'm more so...

[Judy] I just had a whole discussion
with you, what do you mean?

I asked you all kinds of questions,
now I'm asking your husband questions

- and you're not to interfere.
- Yes, ma'am.

- [Judy] Do you understand?
- I understand, ma'am.

[Judy] And you apologized already once.
You want me to read it back to you?

- [Kathi] No, ma'am.
- Okay. Very good.

[Kathi]
I just... can I say something please?

- No. No. You can say nothing.
- [Kathi] I just...

[Judy] It's all coming together.
Now, so the second issue in this case

is whether or not
Mr. Hart had sufficient basis in his mind

to seek a protective order
even if it was ultimately dismissed.

And the answer is he had sufficient basis...

- [Brian] Uh-uh.
- ...based upon what you said to him

and what had transpired with your wife
to feel as if he was threatened.

So, your first part of your lawsuit
was for the damage to your car

and for that, you're being awarded
$1,000 to have your car fixed.

You're gonna go through insurance.
The second part of your lawsuit

is that you want to be compensated
for a false protective order,

that part of your complaint is dismissed
because in my judgment,

Mr. Hart had sufficient basis to think
that he might be in danger, and he wanted...

it's not a question, Mr. Jones,
you can shake your head all you like,

- it's a perception of his...
- [Jason] Mine.

[Judy] ...not yours, of his,
so that part of your lawsuit is dismissed.

The last part of your lawsuit
has to do with harassment.

Now, who is going to tell me...

- you are going to tell me...
- Please.

[Judy] ...about the harassment.
Tell me the first instance of harassment.

I would imagine that we have to go with
saying that it was right after

the thing... the ex parte was dismissed
and we... he started...

[Judy] So that... right after
the ex parte was dismissed,

- that would have been September 25th.
- Correct.

- So after September 25th. Go ahead.
- Okay. And that was when...

- [Judy] Don't read anything.
- Okay. No, I'm just...

- You should be able to tell me.
- [Kathi] I'm sorry.

[theme music]

They actually were able to get themselves
added onto my power account, cut my power.

She's actually on my power account
right now with her phone number.

[Judy] Ms. Jones,
he's gonna show me a document

- so don't shake your head no.
- [Kathi] Okay.

Are you on his power account?

[theme music]

[announcer] Kathi Burg-Jones and Brian
Jones want their neighbor, Jason Hart,

to pay for Jeep damages
caused by his turkey.

Jason claims Kathi and Brian
have harassed him with loud noise.

- [Judy] Go ahead.
- [Kathi] Okay.

After September 25th
when it was dismissed and everything,

the turkey... it wasn't long after that
that the turkey attacked my car

and I went over to him
and he told me to get him estimates

and so I went to go get them.

At the time, he had been
calling and giving us...

calling the police saying that
our dogs bark, this and that

which... they're in the house
most of the time.

But anyway, I was still nervous
over all the harassment

and everything he was doing and all that.

I actually got shingles
and was in the hospital on my birthday

and I finally got out of there
and all that I got the estimates to him,

and he told me that his... you know,
"My turkey did it." And this and that.

And so then I went to file the small
claims case and when that happened,

the day he was served which was,
I believe, the 16th or the 15th...

- [Judy] Of what?
- [Kathi] ... that was when...

- it was the 15th of February.
- [Judy] Just a sec.

So, so far I don't hear any harassing but...
Shh. So far there's no harassing behavior,

so the 15th of February, you served him
with a small claim summons?

- Correct.
- [Judy] Okay.

And what happened after that?

Then he started calling the police and
having them come out to our house at night

and then the next day in the morning
and then the next night,

telling them our dogs were barking
when I was doing...

[stammers] I was bringing the dogs in
and trying to keep them from barking,

we stand at our backdoor and make
our dogs hurry and come back in

and tell them not to bark which,
we're in the woods, there's coyotes,

all kinds of stuff out there,
they're gonna bark,

but we're doing everything we can
to try to accommodate him

and make the dogs not bark
so he would quit calling the police

because... I mean, he's trying
to get our dogs taken.

[Judy]
Is that what you're complaining about,

that he called the police
to complain about...

- [Kathi] Many times.
- ...to complain about your dogs?

And about Brian working on the other
property because he works a full-time job.

- [Judy] Shh.
- Yeah.

He can't complain about him working,

- he could complain about noise.
- [Kathi] He does, yeah.

Well, that's noise.
He's allowed to do that.

That part of your complaint
is also dismissed.

For harassment,
he's allowed to do all of that.

So, on your case
I'm awarding you $1,000 to fix your car,

that is Mr. Hart's responsibility.

Mr. Hart, you have a counterclaim
for harassment...

- [Jason] Yes, ma'am.
- ...for the dogs barking?

- [Jason] Yes, ma'am.
- [Judy] Just for the dogs barking?

No, ma'am. Also for running
their lawnmower at nighttime,

consecutive nights doing laps
for no reason,

running mowers with broken decks where
the blade doesn't even work correctly

and basically grading the property
instead of mowing it

to the point where they're covering my
property with dust for 30 minutes or more,

to the point where I probably even have
scratches on my car and...

- You have any audio...
- [Jason] Yes, ma'am.

- ...video of that?
- There's video evidence of all of this.

[Judy] I would like to see the audio
of the dogs barking.

- [Jason] Okay.
- [someone sighs]

- I assume you have that?
- [Jason] Yes, ma'am.

- [Judy] Okay.
- [lawnmower buzzing]

- [banging loudly]
- [dogs barking]

[lawnmower buzzing]

Hmm, what's next?

I mean, I have way more
where that came from.

[Judy]
No, I don't have to hear anymore.

You know, we live in a really nice place
in the summer and spring

and when the next door property
is being renovated,

loud, machines, noise, all kinds of stuff,

- it's irritating for a long time.
- Mhm.

[Judy] There's nothing in that video
that you showed me, Mr. Hart, actually,

that shows that they were doing
anything maliciously,

if they're mowing their lawn and it's a
loud lawnmower, it's a loud lawnmower.

Well, I mean, they're covering
my property and my cameras

and shining lights on my house,
projecting lights onto my house

because I didn't wanna have
the street light turned on.

And so then they actually were able to get
themselves added onto my power account,

cut my power, and get the power turned on.

She's actually on my power account
right now with her phone number.

- [Judy] Can I see that?
- [Jason] Yes, ma'am.

Ms. Jones, he's gonna show me a document
so don't shake your head no.

- Okay.
- [Judy] Are you on his power account?

- No. No. Absolutely not.
- [Judy] Is the answer yes or no?

- [Judy] Do you pay your own power?
- Yes, we do.

- Okay. I'd like...
- ...the claims... right here.

- [Kevin] I got it.
- Sorry. Sorry, man. [laughs]

[Judy] I don't know what this is.
What is it that you just gave me?

[Jason] It was an email that I received
before they cut my power

saying that her phone number was added to
my account as one of the registered users.

- Did you have it taken off?
- I've added a new password, yes, ma'am.

[Judy] Okay. Good.
I don't know how that happens.

- No, me neither. [laughs]
- [Judy] She's not... yeah.

Not clever enough. Okay.
Your counterclaim, Mr. Hart, is dismissed.

Judgment for the plaintiff
in the amount of $1,000.

The remainder of the plaintiff's claims
are dismissed.

- We're finished. Thank you very much.
- [Jason] Okay.

- Thank you.
- [Kevin] This court is adjourned.

[theme music]

Honestly, I think
that it was a poor decision.

Well, I mean, I'm glad
that we get the car taken care of,

but [laughs] there's so much more
that needed to be addressed with him.

These dogs are barking, 10:00, 11:00,


I've lost two job opportunities
because I missed interviews

- because I'm not able to sleep at night.
- He keeps trying to get our dogs taken

and he keeps coming up
with all these crazy stories and lies.

I want to be out of this
as soon as possible

because of the circumstances
that I am being under on a daily basis.

I really do wish he would move.

I mean, his whole thing was supposed to be
fixing the house up so he could sell it,

but now he's living there
and he's making our life hell.

I think he wants our property actually.

- Now, if somebody asked my advice...
- [laughs]

about those two people as being neighbors,

I would tell the defendant to cut his
losses, sell that property, and get out.

- [Sarah] And never look back.
- And never look back.

- Take a loss maybe.
- Mhm.

[Judy] Maybe not,
he's done some improvements...

- Sure.
- [Judy] ...on the house.

But plaintiffs have a long-term investment

- in whatever they're doing in that house.
- Mhm.

[Judy]
And that's not gonna change.

So, if this man
thought he got a bargain at first...

It cost him in the end.

[Judy] Well, it may...
yeah, it may cost him in the end,

may lose a few thousand dollars
and a little bit of work that he's done,

some work that he's done on the house,

but staying there
is a lifetime of aggravation.

- So, if I were a good friend of his...
- Split ways.

[Judy] ...I would tell him, cut your losses
and find someplace else to live

and check out your neighbors

- before you buy a bargain.
- Mhm.

[announcer] Are you having
a family dispute?

[theme music]