Legal Question in Criminal Law in Ohio

I have 2 puppies that are learning the boundaries of the electric fence. They have ran out of the yard at people walking by, one gentleman kicks them and starts yelling. He called the police the first time and I got a verbal warning. About 3 weeks later one of them ran out again. I immediately went to get her as he was kicking her. He then pulled out a gun and said " do you see this, you better get a leash" I then called the police. After they talked to him it turned out to be a bbgun however I am no gun expert and to me a gun is a gun especially when followed by a threat. I got a fine and ticket for my puppy being out of the yard and I did fine a complaint to get a restraining order. I just received a call from the police dept. that no charges will be filed against him?!?

Asked on 3/07/13, 6:54 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn

Often, in he-said-she-said type of disputes, the police will investigate but the prosecutor will decline to press charges against the individual because of problems proving their allegedly criminal conduct. Without an independent witness to testify as to the individual's conduct, a prosecutor lacks sufficient grounds to charge an individual with a crime.

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Answered on 3/07/13, 7:10 am

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