Threatened at gun point

Was fishing my first tournament with a buddy of mine on Dickinson Bayou this past Saturday. We went into a cutout in the bayou that had a dock on it. Long story short we were told we were in a private marina, on private property, blah blah. Next thing you know the guy is pointing a gun at us threatening to shoot us. So after an exchange of words we troll out and call the PD. They went over there but of course the guy “wasn’t there” and it will be handed over to the investigation department. It being a Saturday I tried to call TPWD to get a game warden involved but I had no luck getting ahold of anyone. Am I wasting my time reporting it tomorrow, Monday? . Any thoughts? I apologize if this is in the wrong section, I don’t know where to post it.

Video!

Yea that’s what sucks. My phone was in the glove box and I wasn’t going to go reaching for it with a gun pointed at me.

I'd for sure report that!

Building a case history...so when he does it again etc

I know there is something about being private property of land owners who dredge out their own property. Not sure if this is one of those caseS of it or not.

Would be interested if there is some specific rule for “dredged onto private property” because clearly that’s what this property owner did and spent some cash doing it. Dredging and hauling away TONS of material. Not siding with property owner at all especially when he reacts like an inbred hillbilly by initiating first contact by drawing a firearm. IF it’s not “private property” what would the legal ruling be on YOUR self defense case for shooting someone who pointed a firearm at you(certainly a threat). I’m just interested as to if there is any special case here because of the man made dredge?

The property lines seem obvious. Pull up the address to find out who you're dealing with and how much $$ he has. That'll let you know if he buys his way out of this. It is he said he said, so likely nothing will happen
However, if you don't report then it won't be on record with TPWD to keep the history.

^^^ Report it always, even after the incident ^^^^

Debra

I'm 99% sure you can fish there legally. It's open to navigable water so it's fair game. Now, you cant get out of the boat but fishing from a boat should be perfectly legal. I would definitely get with a game warden and they will visit that land owner if it is legal for you to be there

Property owner owns the land, NOT the water. At least thats how it works in Texas. Looks like public water to me. I'd be calling the game warden asap before someone gets hurt.

He may shoot someone next time. report it so it will at least be on record. The guy may also be on some mental health meds

I know the boater you were with pretty well and he is a very good guy not to mention a very non confrontational type guy as well. I don’t vouch for to many people in these situations because typically I don’t know the story. I will say this, from the story I was told that punk kid and his dad or whomever it was needs to be pistol whipped by the same pistol they pulled on you and your buddy. You need to get everyone involved that you can until someone handles this. It was my understating this punk actually pulled the trigger and it just clicked then they were trying to reload it or something like that. This kind of stuff pisses me off....Private property on a public water way or not does not warrant this reaction .

My understanding there was another angler that had a run in with these people as well. Report that to!

HECK YES REPORT IT!!!He may be another school shooter waiting to happen!!!!

Please report it. Also be interesting to find out the law applies here.

People can’t just shoot people for coming on to their property anyway, and this might or likely isn’t anybody’s property other than public water. At any rate, threatening to shoot someone and pointing a gun at them sounds like a crime to me as it wasn’t a case of self defense. I’m as big as a 2nd amendment person as there is, but that amendment doesn’t give anyone the right to threaten others at gunpoint.

The landowner should have called the law and if the landowner was in the right then the LEO would have informed the boater. Canal developments on the water, that water is public water so I don’t see how this is any different.

My thoughts, yes I’d report it and I wouldn’t act like a tough guy and fish it again, not worth it.

REPORT REPORT REPORT. That's a felony. Report him before he shoots someone. Call repeatedly until something gets done.

This isnt Louisiana, that's the kinda bs some of these homeowners think they can pull. Just like a dock owner putting up a sign saying stay back 30ft or no fishing around dock. Similar to the LBJ thread from last year. The guy put up buoys around his dock area to keep people out

Isn't having someone pull/point a gun at you about as close as it gets to dying?

You need to press charges and don't take no for an answer.

Dickinson Bayou where is this place?

Texas can charge deadly conduct as a misdemeanor or a felony. In this case, it would be a misdemeanor. But I'd certainly report it and follow up with authorities as to the outcome.

Between Texas City and League City in SE Texas.

Reported to Game Warden.

what was the response like ?

Thats how it works in TX but not Louisiana

Report that and follow up with GW, will likely be Mac from my dealings down there. Looks like it was privately dug no doubt, I would estimate there being something there to block you next time like concrete with rebar just under water surface to deter you.

Privately dug or not, the fact that the surface water connects it, makes it public water. Based on what I've read.

GW said they are going to dig into it.

Yeah it ain't that hard

doubtful that that is considered private property water wise, also not too sure I would want to contest it in court due to good ole boy politics down there.
report it, ask gw if it is considered private or public water, go by what he says.

going by Texas trespass law as I understand it, if it is not marked plainly at the opening and every x number of feet then landowner doesn't have a leg to stand on.
if it is public then he has even less to back him up.

make sure the gw follows up on it, call them back in a week and ask for an update. keep doing it.

Really? Not contest it? They had a gun pulled on them. I hope your just referencing the private property aspect. I doubt it ever gets that far though. That's public water since its accessible by boat from a public waterway.

that is all I was doing.

the gun is why I said report it, that can't slide no matter what.

Yeah... that's it. Zillow has pictures, but not of the dock. It's Tara...

Tara? As in Tara Wildlife and that carp they pulled in a Bassmaster event?

I had it in my head it was this place when I read I read the original post.

http://www.bassfan.com/news_article/7182/kernan-applauds-process-after-winning-appeal#.Xl1J86hKjyE

I used to have a photo of Tietje and those Tara guys having a nice laugh back stage at Friday's weigh-in, before Kernan was DQ'd. Wish I had saved it.

I live 15 mins from there.. I know that house.

Report that mother [censored]. I don't know why people think they own the water. And no, it's not a private marina. I know exactly where that is

that is in la. though, different law on water rights.
if you go off of federal navigable waterway law it should be public since it ties into the intercoastal.

This case goes well beyond deadly conduct. If someone points a gun at another and a reasonable person in that situation would feel like their life is in danger or that they may suffer serous bodily injury, then you have a 2nd degree felony Aggravated Assault case with a possible punishment of 2-20 years in prison.

Yeah, that is why I mentioned I thought it was that place after Fouz posted as I was incorrect.

Wow what a sh#tbag, I see his last year fishing Tour was 2018, guess he gon...

That whole deal was pitiful, ruined one helluva fisherman's outlook on his dream career.

^^^^ This Also, add on Harassing a fisherman which is also against the law on Texas waters. You need to report him.
You could save someones life !!

Nope.

https://codes.findlaw.com/tx/penal-code/penal-sect-22-05.html

Pretty sad the way it was done originally to Mike.

I agree, Mark. Lost all respect for DT after that.

Hope they sit in that spot and pretend to fish. I have a feeling that guys "marina" is about to be a popular spot. When I was prefishing for the same tournament I went in there for a little while and no one said anything. But I usually prefish of Friday's so maybe they werent home. I would have called 911, fish and game, immediately

Just because an action meets the requirements of one offense in no way means that the action does not also meet the elements of a higher offense. Look up aggravated assault and you will see that the actions of pointing a gun at someone and pulling the trigger also meets the elements to aggravated assault.


Texas Penal Code Section 22.01 defines assault. 22.01(a)(2) states that - (a)A person commits an offense (assault) if the person: (2)Intentionally or knowingly threatens another with imminent bodily injury.

Section 22.02(a)(2) - aggravated assault - states that -(a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (2) uses or exhibits a deadly weapon during the commission of the assault.

In this situation the Deadly Conduct is basically a lesser included offense.

It has been reported to Local PD and The Game Warden.

This is one of the reasons I always run a camera (go pro or the like) on the front of my boat. Amazing how different people will act once they realized your filming on a loop but you'd think people would know better these days when we all have one in our pocket anyway with smartphones.

yea I'm looking into a GoPro. Unfortunately my phone was put away in the glove box because I was more worried about fishing and was not expecting this.

In Louisiana, if it is a private waterway, you cannot legally trespass even if you floated in on a boat. However, I would find it unusual if you can legally point a gun at someone for this type of trespass. The owner should have called the proper authorities if needed for this situation. Until recently in Louisiana, if you could float in and remain in the boat you were not trespassing.

He will point that gun at the wrong person sooner than later hope he’s ready to pull the trigger not just trying to scare people. I know a couple that will point one back at ya!

Apparently he is ready to pull the trigger considering he pulled it Saturday. The gun just didn’t fire.

That's crazy!!

People are stupid

op happened in Tx.
legal to go on any water the public has access to, no such thing as private waters if connected to navigable waterways, that is why docks are all public as far as fishing goes.

Just another crack pot.
I've had similar experiences, but never with a gun being brandished.

All the Local guys down there should rent the venue right next door to them with loud music, try to park their boats in the "private marina" and do a meet and greet party. The Fishing Forum party. It's called Plantation Elegance. Someone set up a gofundme account for it. Douche bags like him will never learn... Maybe arrange a Fish N Chips tournament there- Poker tournament the Saturday before, then fishing tournament that Sunday weigh in right next to the Private Marina .

I've been shot at, in a marina full of big house boats, broad daylight and we couldn't tell exactly which boat it was. They were all open and they were dark inside and couldn't see anything. We weren't trying to stick around and investigate either. Should've called the law after we got out of there. It was 22 round and it ricocheted off the water 15 feet from my boat, I could hear the bullet in the air. It ended up hitting the apartments on the other side of the jetty.

better get a clarification from the gw first on how public that area really is. then you are covered.

I've heard that sound before fishing over in LA. Not cool at all. We did the same as yall and booked it out of there

I have always feared the kinda people and always have a gun with me for these reasons... don't point a gun at me unless you are ready for war.

Is it worth dying or killing someone else over a fishing spot to you?

Not worth it to me. It would piss me off badly but I think wisdom says live to find another avenue to fix this situation.

So when being assaulted with a deadly weapon (someone pointing a gun at you), what is your other avenue to "fix the situation?" Have a nice cordial conversation with said person pointing the gun at you?

If someone is pointing a gun at me, I'm going to assume they have intent on causing me (or someone with me) deadly harm.
Its not about a fishing spot at that point.

I'm not defending either position, but I've had a gun pointed at me while fishing, and, had plenty of firepower to respond. Under the 315 bridge in Flat Creek on Palestine, Twin Oaks West, Sand Jack Road. He was a spun out meth head, I had hooked some loose line next to their boat house with my crankbait and was pulled up untangling it. He was a good 50 yards away and I doubt he'd have hit me if he shot, he had the gangster grip... lol.

I got my crankbait unhooked and off we went. If he'd shot, I'd have shot back. I have that in my boat for just that reason. There's no way I'd have ran out of there on plane.

He came out of the shed on the left and ran to a trailer on the right, then came out of the trailer and walked about 50' towards the pier.

Find someone in law enforcement that loves to fish and take them with you next time.

I got shot at on Lake Worth once while bowfishing from an airboat several years ago. Saw the dude do it lol. It was also a .22, and could hear the zings. It was at night and he was in a trashy red and white deck boat being pulled by a white van. Not a mini van, like rape van haha. Sketchy dude. 820 ramp. He started by throwing wakes at us and yelling. Then he loaded his boat while we were at the reeds. His rig stayed parked in the lot and we could see it running. About 10 mins later the shots came from the woods just east of the ramp. probably 150 yard shot but i heard the zing from the second shot over the prop haha. Called the law. They said "it sounds like you shouldn't be running an airboat or bowfishing on Lake Worth anymore." Haha 10-4 bud. I understand people hate airboats, but what in the meth is that about?

If someone ever pulls a gun on me they better use it because I PROMISE I will. the only place I ever go without my firearm is work because I can't carry inside the plant. I frequently fish a place where I've had to grab my pistol off my hip in preemptive measure of potentially needing it. Never got that far but with people nowadays you HAVE to protect yourself.

ONLY if I have the upper hand and can responsibly place the shot.

A "shoot till you connect" gunfight at longer distance isn't my idea of a good time. And I know what my abilities are, but from an unsteady boat?

Far easier to walk away and let the authorities handle it if you can.