WWYD re: trespassers, probably neighbors

Something to think about since you provided the Dr. with copies of the trail cam pics.

Change the location of the camera/s if possible.

And point a camera at the fence, so they can be seen crossing it, both coming and goin. That fence will slow them down enough to get better pics, and show what they are totin away.

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"Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness."
Thomas Jefferson to George Washington 1787

I hate to sound cynical, but sheriffs are elected officials. I doubt seriously he's going to do anything to a doctor who has "friends in high places" over some apples. Deer netting and chicken wire is pretty cheap. Maybe you could reinforce your fence with some of that.... something they would have to actually cut to get through. If you got pictures of that on your trail cam, then that possibly moves up to a criminal trespass or a criminal damage to property charge. That definitely makes it harder for a sheriff to ignore. I'd go ape with the "no trespassing" signs with the name of your farm on them all down that fence line too so there would be no mistaking whose property they were standing on. Hey, how about some sort of badges your customers could clip on when they come pick apples? Like when you're a visitor in a big business or your kids' school? That would help differentiate on the camera who is supposed to be there and who is not. If they come through your front gate they get a visitor's badge.... Those little plastic pouches with the clip on them are pretty cheap. That way if you happen upon someone who came over the fence, there's no way they could say "Yeah, I walked right through your front gate, you just didn't see me." Don't remember back in the thread, but a full motion video camera on your front entrance might be a good idea too to separate the good from the bad. Set it up so it records everybody who comes through "legally".

Since he was on vacation when you made the report is it possible he just never heard about it? Someone else in the office decided it wasn't important and filed it away without him ever seeing it?

I emailed the pictures to the Sheriff directly. I called him on his cell, and that was when I found out that he was on vacation.

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I yam what I yam and that's all what I yam.

Popeye

But has he seen or received a copy of the incriminating admissions in the letter?

I haven't sent him a copy of the letter.

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I yam what I yam and that's all what I yam.

Popeye

I believe if it were me, I'd send a copy of the letter. With that, a written statement that it was your land she was trespassing on, stealing from and that she had false information. Mention contributing to delinquency of a minor (or three). Let him know you are taking her to small claims court. Ask him to pursue charges on her and request that he gets back to you on that.

I read your other posts re: the sheriff. I thought he should have responded to you long ago, at least a few days after he got back. If not, he certainly would not get my vote and I would make a point to tell him why not.

I call him a sheriff, but he is a sheriff's deputy. One of hundreds on the force.

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I yam what I yam and that's all what I yam.

Popeye

Understand, lots of difference. Maybe you ought to go higher.

Well there is the problem! Go to the sheriff's office with you're evidence and file a complaint using the official channels. I would also suggest contacting the local conservation office.

What is a local conservation office?

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I yam what I yam and that's all what I yam.

Popeye

http://www.dfg.ca.gov/enforcement/di.../northern.aspx

I think getting some feedback from your prepaid legal service would be a very good idea at this stage. They'd likely give good info on what is likely, or realistic, given state laws and local social and political realities as well. A couple of other points to ask about or at least keep in mind: beware of saying anything to listeners that you can't outright prove as true, the doc might wind up with some witness who would testify you'd called her a "thief" or whatever and decide a suit against you for slander or libel or defamation would be in order, depending on how deep her pockets are. There's another legal technicality that I don't see mentioned often, and am not sure exists in Cali, even, anyway, but that you might ask about to be sure you don't run afoul of, "misuse of process." This, to my understanding, is itself a criminal offense that can occur IF a person claiming financial damage and seeking payment ALSO files criminal charges or gets them filed, or threatens to do so. If that develops, the two situations, civil/financial, and criminal, are supposed to stay independent. It's looked at as something like blackmail if the plaintiff seeking a civil judgement says (outright at least, and maybe even if hinted or implied) in effect, "Pay me $$ and I'll see the *criminal* part of this goes away (or doesn't happen)." It seems to me that lawyers negotiate quid pro quo arrangements in disputes that sound like that all the time but the clients don't seem to be supposed to try to intimidate each other by threatening to swear out criminal arrest warrants if financial damage demands aren't met.

I The Dept of fish & Game doesn't spend much time up there. Since my problem doesn't involve fish or game, I doubt they have any authority here.

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I yam what I yam and that's all what I yam.

Popeye

Fish and Game deal with trespassing all the time.

I'm getting the feeling that this "problem" won't be resolved.

I understand Fish & Game deal with trespassing for hunting. On our business card, I call Hubby & I "Apple Wranglers". Well, it's not that impressive. The apples don't put up much of a fight. And so Fish & Game isn't interested. Fish & Game is more interested in someone poaching game than they are in poached apples.

We have had a lot of damage done to our structures and trees by bears. We had bears breaking into one of our storage sheds every night. A bear broke into hubby's car and did so much damage that the insurance company declared it a total loss. So I contacted Fish & Game about getting a bear depridation permit. The guy set an appointment to come meet with us. Hubby took the day off of work to meet with him. We waited all day. He never showed up, never called back. I called his boss and complained. And they left it at that. I can make a nuisance of myself, in fact I'm good at it. I just can't force people to do their jobs.

Here is a copy & paste of what the doc would face if the Sheriff were to act.
Under section 602.8 of the California Penal Code, a trespass on a farm or ranch is an infraction punishable by a $75 fine for a first offense, and by $250 for a second offense. A third or later offense is a misdemeanor that carries a penalty of imprisonment in the county jail for up to six months or a fine of up to $1,000, or both.

And that money would go to the state. It doesn't compensate me for my losses.

As for the doc suing me for slander, I doubt that would happen. I haven't mentioned her name. I haven't done anything to tell the public who she is. Just don't go looking for Dr. Stickyfingers on the interwebs.

And she acknowledged in her letter, kind of, that she stole the apples. If she were to sue for slander, truth is an absolute defense. Between that and the trail cam pictures, I don't think she would win. I don't think she would want that kind of publicity and humiliation.

At this point, I see these options.

1. Accept the check and be done with it.

No. I don't like this option. The check is for less than my actual damages. She has been doing this for years. She has brought others to our ranch, taught them how to get there. In her letter, she twisted the truth to the breaking point to justify her actions, if she were to repeat the things she said to others, they may come looking to steal apples too, thinking that this ranch and orchard in neat rows just sprung up in the Forest.

2. Take her to small claims court and ask for the full amount.

I'll probably get it.

3. Take her to small claims court, and press the sheriff to do his job. If he were to do so under the law posted above, he would treat it as a first offense, there would be a record of it with the state. She would pay a $75 fine.

I may press the sheriff to act after I win the small claims case. I have no idea if he will do anything, but I can ask again. If I call the Sheriff's Department, they will refer it back to the same guy for two reasons. He is in charge of the rural crimes task force, and he is the guy assigned to our local area. He isn't an unreasonable guy. I think he blew it off because it's just "small apples" to him.

I don't want to give the impression that there is any threat of criminal action to the doc if she doesn't pony up. If I were to press for the sheriff to act, it wouldn't benefit me in any way, other than to create a premanant record. And I do want a permanant record. She probably won't come back, but if she did, I want that to be a second offense. And the Sheriff already knows all about this. I sent him the pictures and called him before I wrote to the doc.

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I yam what I yam and that's all what I yam.

Popeye

Common Tator, You really NEED to edit that last Paragraph.

I would take all the evidence she so nicely provided for you, and take her to court.
Do make a point of making sure the Sheriff filed a report on this, though. No charges need to be filed at this time, but having them file the report, leaves a nice paper trail , if she does come back in the future.

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Debi

Do what you feel in your heart to be right, for you will be criticized anyway.”
- Eleanor Roosevelt