Jeff is actually an attorney.
Then I would be surprised if he didn't agree with what I wrote. I did not disagree with his premise, merely expanded on it to clarify the blanket "black and white" statement that some were likely to infer.
Sorry to disappoint, but I don't believe that a simple trespass is an affirmative defense for criminal damage to property in any jurisdiction.
Thanks to the posters who posted updates on this. I remember the incident when it happened, but the follow-up media coverage has been nonexistent.
Never would have expected this outcome. I suspect the civil case will go in a different direction.
Some people are making the comparison to shooting a dog or a vehicle that trespasses. That is not a valid comparison. Shooting a dog or occupied vehicle is attempting to take a life. Deadly force against people is certainly illegal, and there are similar laws regarding pets in most areas. Even wildlife would usually require a valid hunting license and be subject to several restrictions.
A better comparison would be if someone drove an RC car into your yard, or reached over your fence and placed an RC boat into your pool. If I saw an RC car driving through my yard (where my kids/pets were playing) I wouldn't hesitate to stop it - most likely by stepping on it or dropping something on it. Such action would certainly turn it into a pile of broken plastic. I would feel justified in my actions. Moreso if the RC vehicle had a camera on it.
Not as easy to do for an object even 20 or 30 feet in the air. While I don't necessarily condone the method of takedown used (would depend on the details and circumstance - it could be done safely. The judge seemed to agree that the discharge did not put anyone in danger) but it certainly seems like there weren't other options to stop the vehicle in this case. My guess is that this is part of the logic used by the judge in his decision.
I see many posts on this forum talking about the dangers of flying over people. Seems like the pilot in this case did exactly that (and seemingly without much knowledge or experience at the controls). It would appear that the pilot is the more dangerous person in this story.
What ever happened to calling the authorities who are trained for and supposed to handle these kinds of problems? Just a reminder to you, that it is AGAINST the law to interfere with the flight and operation of any aircraft. You might end up being the one paying a huge fine and/or meeting bubba at the local jail.
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