False Criminal Trespassing Charge

TEXAS-

I own and rent out a house in TX. I recently was doing maintenance at the house and finally decided I better do something about the neighbor's trumpet vines that continually grow into my property. The plants have nearly destroyed my wooden fence that separates the properties, grows onto my roof and into my wood siding and eaves, damaging them as well. I asked the neighbor months ago if I could remove the vines entirely and she agreed. This neighbor has a reputation of hostile behavior and is an obvious alcoholic. He makes an ass of herself now and then. We have remained friendly neighbors despite this as I help her out with things on occasion just like I help out most neighbors. She does no maintenance to her property, thus the overgrown plants that damage her house as well. Anyway, I recently asked her again if I could remove the vines entirely and pointed out that the fence is destroyed etc. She agreed whole heartedly and even offered to help cover some expense when I replace the fence. She asked if I would remove the vines that had grown over the top of her roof and on her walls. I agreed and spent several hours cutting and pulling down the vines, removing them from the fence and house.

She remained outside for a time watching me work and a plumber repair a sprinkler line. Everyone was friendly and making small talk etc. After I completed cutting down the vines she came outside and with concern asked what she's going to do about the vines now that they are cut down and in a pile in the yard. I showed her how I simply dragged the refuse from my side of the fence to the curb for the trash men to pick up. She asked if she should just leave the pile of vines sitting there. I suggested that she have her son who lives there help her take the trash to the curb as it's probably not ideal to leave it piled in her back yard. (He is about 30 and able-bodied). She looked at me like it was a ridiculous suggestion and went back into the house. She soon began sending me threatening text messages about how I better come clean up her yard and fix the fence and her rose bushes etc.

She has now filed criminal trespassing and destruction of property charges against me. She claims I destroyed her yard and her beloved rose bushes. The rose bushes were entwined in the trumpet vines, completely uncared for and a ragged mess that had also grown into my fence onto my property. Her "beautiful property" that I "desecrated" was a neglected mess where she had piled trash and rotting furniture etc, up against the fence to block holes in it, which has attracted a termite infestation that has caused more damage at my house. I did not purposely do any damage to her roses but some damage was inevitable as they were a solid mass of vines with the trumpet vine plants. The real problem is she's just too damn lazy to pick up the trash and her son won't do anything either and she thinks I have some obligation to work on her house for free and she's pissed that she has to do something now. I did the heavy work and did her a favor, with her permission. She claims I had no permission and maliciously trashed her property. She is also seeking damages in civil court. I could have just filed a suit for the damages and mess her plants cause me, but I'm not like that. Instead I volunteered my effort and solved the problem like sane people, saving her quite a bit of expense. What do I do about this?????

find out who the plumber was

Were you arrested? Actually charged?
Take a lot of pictures, of the damage you are describing, if you were legitimately on her property to care for yours, hers etc. it will help to prove your intent.

You describe a rental, was this your residence? or a Rental property?
Save copies of the text messages, and make copies of those.

Read TPC 30.05 and define intent and your actions.

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;

Destruction of property??

How does this compare to your actions, intent?
Take pictures, be ready to prove you were acting in her best interest also.
If she claims value of rose bushes, show pictures that indicate that her landscaping shows no particular value, and be prepared to describe that you did not destroy her property beyond a reasonable doubt.


Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
(b) Except as provided by Subsection (f), an offense under this section is:
(1) a Class C misdemeanor if:
(A) [amended 9/1/97] the amount of pecuniary loss is less than $50; or
(B) except as provided in Subdivision (3)(B), it causes substantial inconvenience to others;
(2) [amended 9/1/97] a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;
(3) a Class A misdemeanor if the amount of pecuniary loss is:
(A) $500 or more but less than $1,500; or

Like the previous post said, remember who the plumber was. It is crucial to find him and explain what happened and subpoena him to testify that she was watching you work and mingling with you guys during the work. Find anybody who can provide such information. It sounds like this woman has mental problems, no doubt. You can try to subpoena her background information. It might turn out that she is on some form of medication, (Believe me, a lot of middle aged alcoholic women are) or she has some mental history in her past.
You have a right to know your accuser and many times judges will allow such information to be presented into the evidence in order to attack the complainer's credibility. I don't see how it can be a trespass when she asked you to do the work? If you damaged her property during the work, then it would be a civil matter, not a criminal. Regardless, from what you described, she a very weak case. When you beat the case, you should sue her for malicious prosecution. Sounds like this woman is trying to use your good will in order to get you closer into her realm so that she can entrap you. She wants you out of the neighborhood, she wants you in jail, and she wants your money. Complete scum. You should reverse the scales on her and go after her financially.

Thanks for the advice. I took pictures.

I called the PD and they couldn't tell me if charges were filed or not. that I have to wait and see if citations show up in the mail. Glad to see our tax dollars have made such efficient systems!

The lady doesn't want me out, in fact she wants the opposite. She makes comments about how good I look and asks if I've been working out etc. and leers at me through beer goggles. It's gross. She is trying to blackmail me into doing her yard work and being her on-call-for-free maintenance man and will continue if I don't put the smack-down on this behavior.

The property is a rental home I own. Do not live there.

The concern I had was it's a he-said she-said situation.

I'm a man and experienced in family court that a crying woman is a just a step below a saint in the courtroom and automatically more credible than anything with dangling parts.

It seems to me I could sue not only for malicious litigation, but for her plants' damage to my fence and house. I usually wouldn't be so petty but this lady needs a lesson. I probably could handle it on my own in small claims.