I'll be damned, A judgefinally holds parents responsible for thier children.....
ClickWhat's the cost of being a bad neighbor and turning a quiet Sacramento County neighborhood into a place of fear and anxiety? At least $75,000, according to a judge.
In a rare decision for a small claims court, a judge awarded that sum this month to 19 neighbors in Orangevale who sued a couple for allowing their adult children, particularly one son, to terrorize the neighborhood for years, court records show.
According to the documents as well as testimony, one son was the center of numerous criminal complaints. They involved drugs, domestic disputes and finally, a shooting that resulted in a 10-hour manhunt and lockdown of a nearby elementary school.
The judge laid responsibility on the parents, however, for the problems that caused their neighbors to suffer "emotional and mental distress," according to the decision issued Dec. 2 by Judge Raoul M. Thorbourne of the Small Claims Division of Sacramento Superior Court.
"We're not after the money," plaintiff Richard Clakeley said in a telephone interview. "We're after a calm neighborhood where we can raise our kids and not have to worry about running to the window every time we hear a noise."
Residents of Twin Lakes Avenue in Orangevale said they are considering forgoing at least part of their judgment against Elmer H. Dever and Joanna Y. Dever if the Devers agree to move.
Elmer Dever said in a telephone interview that he and his wife will appeal the decision. He declined further comment.
Sacramento-area law enforcement officials encourage using small claims court after other attempts to stop criminal activity have been exhausted. The strategy is outlined in a booklet distributed by the Sacramento County Sheriff's Department called "Safe Streets Now! How to Create a Drug-Free Neighborhood," funded by the state.
Sacramento County Deputy District Attorney Joy Smiley said these kinds of neighborhood disputes are common, and that pursuing them in small claims court has been done "up and down the state."
"I have worked with citizens before on this issue," Smiley said. "The money is a better incentive than my option of pursuing the parents in misdemeanor court, where the likely sentence is three years' probation and community service time."
It is rarer, legal experts say, when a consolidated small claims case reaches a judge, because most property owners will resolve problems to avoid the possibility of a financial hit.
Smiley assisted the Twin Lakes Avenue group and has advised neighborhood groups in Sacramento and elsewhere who are considering small claims action after mediation and other avenues have failed.
Clakeley and his wife, Karen Clakeley, testified they have lived on Twin Lakes Avenue for 14 years and decided in 1998 to form a neighborhood watch to protect themselves from activity occurring at the Dever home.
According to court records, law enforcement responded to several dozen calls by the plaintiffs to the Dever home in the past few years. Neighbors testified one son, Michael K. Dever, 39, was selling and buying drugs on the property, using a garage as living quarters and operating an illegal auto repair business.
Since 1993, Michael K. Dever has churned through the county courthouse on a cycle of arrests, "no contest" and guilty pleas to a variety of crimes and more than a half-dozen sentencings, ranging from 10 days to 90 days in jail, court records show. Besides jail, he was repeatedly placed on probation. The crimes he served time for included drug-related crimes, receiving stolen property and domestic violence.
Elmer and Joanna Dever were cited for violating local ordinances concerning use of the garage and illegal business, court records and testimony show.
Plaintiffs also testified that dozens of vehicles, some stolen, would be left in disrepair for weeks on the street and sometimes in front of their homes. Court records show that people would show up at the Devers home day and night; some would urinate in public - sometimes on neighbors' property - smoke marijuana and on at least one occasion a visitor was seen carrying a handgun.
The incident that sparked the suit occurred in June, when Michael Dever allegedly shot his brother Tim Dever with a "high-caliber" pellet gun, wounding him severely enough that he required surgery, according to court testimony. The shooting resulted in a nearly 10-hour manhunt for Michael Dever, in which 30 law enforcement vehicles were dispatched to the scene and nearby Twin Lakes Elementary School was locked down, said sheriff's Deputy Kim Best, who has been working with the neighbors.
Michael Dever was charged in Sacramento Superior Court with assault with a deadly weapon causing great bodily harm and faces a maximum seven years in state prison if convicted, according to the District Attorney's Office.
He also faces a hearing in January for allegedly violating the terms of his current probation.
At the small claims court hearing, the Devers said their neighbors were exaggerating the situation, harassing them and trying to make them seem like "bad people." Tim Dever testified in court that his parents were lied to and bullied by his brother.
The Devers were ordered by the court to pay about $75,000 in judgments for 19 out of 20 suits filed against them by residents of the 9400 block of Twin Lakes Avenue. Most of the adults received $5,000 each plus court costs, while minors who sued got about half that and court costs. A minor who doesn't permanently live on Twin Lakes Avenue, but visits on weekends and vacations, was the only plaintiff not to get an award.
"I'm hoping this case is good news for other people who have drugs in their neighborhood and that it shows there are other options than just putting up with it," Smiley said. She added that neighbors "have to be a strong, brave, cohesive group."
Kathleen Friedrich, a staff attorney in Community Legal Services and lecturer at University of the Pacific, McGeorge School of Law in Sacramento, said such verdicts show where the law is heading. Property owners have a responsibility not only to their tenants but also to the people in their community, she said.
"Originally, small claims court was designed to address individual consumer disputes in an informal forum, without lawyers," she said, explaining there was nothing in the law that prohibited consolidated action.
Although past cases in the state have been successful going back at least 13 years, Friedrich warned that a favorable judgment may not change behavior and retaliation is a possibility.
Twin Lakes resident John Burdick followed the Safe Streets Now! guidebook. He said his decision to sue was painful. He had been friends with the family and had even spent Thanksgiving with them 10 years ago.
"I was deeply disturbed by the pattern that had taken place. ... I could no longer sit back and do nothing," Burdick said in court.