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Vandalism Incident-Philadelphia, PA

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sandrawg

Member
Pennsylvania

Back in August, my car was keyed and tires slashed. I am sure I know who did it. I had JUST moved to Philadelphia and no one knew where I lived, except for this girl who WAS my friend, but we had a falling out. She also knew my car very well..had ridden in it MANY times, when no one else I know in this city, had. She had also threatened me by text message and voicemail, AND her boyfriend is a thug, who'd exhibited anger issues in front of our other, mutual friends. Not only that, he tried to steal a friend's phone IN FRONT OF a bunch of people. The guy is a total thug.

Anyway, I reported the car vandalism to the police, and gave them this nefarious couple's info. I had no evidence, however, and no witnesses.

BUT

From Sept-Dec, I was getting "anonymous" text messages from numbers I did not recognize. However, in the text messages, the person was giving me hints about who they were, calling me a nickname that the girl had used for me...saying "you stayed at my house a couple times" (only ONE person in Philly who I'd ever been a houseguest of, and it was..you guessed it...the vandalism twins.)

I asked a P.I. to trace the 2 numbers, but he couldn't. For the most part, I ignored all the texts but kept a record of them.

Then in December, I got another one. This time, the guy says "I'm a friend of Kristin's" (the girl). So I knew it was him. I decided to reply back. I said "I don't want anything to do with that crazy b***. Tell her she's just lucky she's not in jail for what she did to my car."

He replied back "It wasn't her. You're mad at the wrong person. It was T****" (T*** being a mutal friend, who I KNOW did NOT vandalize my car. Because first off, T**** doesn't know where I live, and SECONDLY, she doesn't know what my car looks like!!)

This THIRD number he texted me from..I was actually able to trace that one. And YUP, I can PROVE it came from Mr. Vandalism himself.

Now, from the research I've been doing, I think I have some options here, and I'd like to get advice about how to proceed:

1) File a private criminal complaint. HOWEVER, I have no evidence they committed the vandalism, OTHER THAN, this text message where the nutball thug tries to pin the car vandalism on someone else.

2) File a stay away order, based on the girlfriend's threatening text messages and voicemails from August, and the fact that the thuggy guy has been texting me all this time

3) File a civil complaint in small claims court to get money to fix my car (maybe the burden of proof isn't as hard to meet, in civil court?)

4) All of the above?

What do you all think?

Like I said, I filed a police report about the original vandalism, but the cops won't do anything.
 


sandrawg

Member
I do not think you have enough evidence to even hold up in a civil suit. Did you turn it into your insurance for repairs?
Yes, I did. The damage came to $1888 !

You didn't answer my question, though, of whether I should file a private criminal complaint, or get a stay away order.
 

sandrawg

Member
I also thought about maybe hiring the P.I. to investigate the vandalism incident.

The boyfriend/thug is SO stupid--I'm thinking he probably told SOMEONE that he did it, and maybe the P.I. can find out.
 

OHRoadwarrior

Senior Member
Then the only thing you could sue for is your deductible. I do not think you have grounds for anything else and that you will lose in court.
 

sandrawg

Member
Then the only thing you could sue for is your deductible. I do not think you have grounds for anything else and that you will lose in court.
My deductible was $1000, and I'm forgetting, I also had to pay $600 to replace the 2 tires they slashed, PLUS towing
 

single317dad

Senior Member
I don't think you have one lick of evidence here to prove anything. All these things you "know" are things you're guessing at.
 

sandrawg

Member
OK, what about a harrassment by communication charge..for all the text messages he's been sending me (he sends them at midnight--2am), as well as charging his gf..she sent me 40 threatening text messages about 10 harrassing/threatening voicemails.
 

FlyingRon

Senior Member
OK, what about a harrassment by communication charge..for all the text messages he's been sending me (he sends them at midnight--2am), as well as charging his gf..she sent me 40 threatening text messages about 10 harrassing/threatening voicemails.
The crime of "harassment by communication" was struck off the books over ten years ago. What you are talking about might amount to harassment or worse depending on the circumstances.
 

FlyingRon

Senior Member
What do you mean, depending on the circumstances?
It has to meet the definition of harassment in the statute:

-A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
 

sandrawg

Member
Well yes, then..what both of them did qualifies, doesn't it??

She did #4

He did #5 and #6

It has to meet the definition of harassment in the statute:

-A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
 

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