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 gun
and start shooting 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, 12:00, 1:00, 2:00, 3:00 at night,
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? Go to judyjustice.tv.
[theme music]