Couple held at gunpoint, arrested after buying home

[jimmy olsen]

Well, that's not the way one hopes to meet the neighbors.

http://www.ajc.com/news/couple-held-at-gunpoint-1423138.html

By David Ibata

The Atlanta Journal-Constitution

The Newton County Sheriff's Office is investigating why a couple was confronted at gunpoint by neighbors and then arrested and forced to spend the night in jail when they tried to move into the home they had just purchased, Channel 2 Action News reported.

The Kalonji family had just closed on a foreclosed home and were told by their real estate agent they should go over to the house and change the locks.

But when Jean Kalonji and his wife, Angelica, started working at the home, an armed man and another person who appeared to be the man's son allegedly confronted them.

"He say to put the hands up and get out from the house, otherwise he would shoot us," the husband told Channel 2.

The neighbors didn't believe the couple when they told them they had bought the home and called the Newton County Sheriff's Office. The Kalonjis didn't have the closing papers with them, so deputies arrested them, charged them with loitering and prowling and took them to jail.

Yvette Harris, the couple's real estate agent, said they never should have been arrested.

"They rightfully own this house," Harris said.

Kalonji, who grew up in the Congo, said the experience brought back painful memories.

"There, they put me down with the gun to my head, and come here, the same," he said.

Mark Mitchell, spokesman for the Newton Sheriff's Office, said authorities are "looking into it, exactly what occurred, why it occurred."

A person at the neighbors' house said no one wanted to talk to Channel 2 about the incident.

[Martinus]

It must be a hoot to be a middle class African-American.

[Eddie Teach]

It must be a hoot to be a middle class African-American.

Kalonji, who grew up in the Congo,

Sounds like an African-African.

[Malthus]

It must be a hoot to be a middle class African-American.

Kalonji, who grew up in the Congo,

Sounds like an African-African.

Well, obviously.

A real African-American would have been shot dead on the spot. 

[CountDeMoney]

A real African-American would have been shot dead on the spot. 

[grumbler]

lawyers:  What's the standard on a kidnapping charge defense that basically argues that one can threaten to use deadly force, and carry someone off property one does not own, if one thinks that the persons kidnapped were, in fact, criminals?

Similarly, can the assault be mitigated or eliminated by the fact that the defendants thought they were interrupting a crime, even though not in defense of their own property? 

[MadImmortalMan]

So, the neighbors saw some strangers they've never seen before ripping out the locks on the property and intervened? I hope my neighbors would react the same way.

[Tonitrus]

Yeah, I'd say the most in-the-wrong party would be the cops.  At least give them a chance to prove their assertions (i.e. escort them to obtain the documents proving ownership) before hauling them off to the pokey.

[garbon]

So, the neighbors saw some strangers they've never seen before ripping out the locks on the property and intervened? I hope my neighbors would react the same way.

I wouldn't. Sounds like my neighbors were fucking annoying busybodies if they were watching someone change the locks (the horrors!) but didn't know the house had gone up for sale. Also clearly a case against citizens owning guns. We aren't trying to have vigilantes running about.

@ what Malthy had to say...though I like how the article tries to suggest its unclear why this occurred.

[JonasSalk]

Stories like this make me proud to live in Georgia. It brings a tear to the eye. I'm so proud of our boys in blue. *sniff*

Kalonji, who grew up in the Congo

Which one?

[CountDeMoney]

Kalonji, who grew up in the Congo

Which one?

The Jersey one.

[HisMajestyBOB]

They were fortunate that the neighbors didn't feel threatened and stood their ground.

[Barrister]

A defence lawyer was telling me of a similar story a few weeks ago.  He was trying to rent out a house he owned, but the power was turned off, so he's showing this house at night using flashlights.  Police were called and arrested him - I think he was eventually released when a cop realized that he was a reasonably prominant defence lawyer in the city.

He sounded half amused / half upset about the situation (which had happened several years ago) but I couldn't help thinking that police acted entirely appropriately in the situation.

[Barrister]

lawyers:  What's the standard on a kidnapping charge defense that basically argues that one can threaten to use deadly force, and carry someone off property one does not own, if one thinks that the persons kidnapped were, in fact, criminals?

Similarly, can the assault be mitigated or eliminated by the fact that the defendants thought they were interrupting a crime, even though not in defense of their own property?

Well in Canada...

of course the use of firearms by just about anybody is severely frowned upon.  But if we pretend there are no firearms involved, any person has the power to arrest anyone who, on reasonable grounds, is found to be comitting an indictable offence (and break and enter is an indictable offence).  Anyone who is authorized by law to do anythign in the enforcement of the law is justified in doing so if they act on reasonable grounds and use only as much force as is necessary for that purpose (sections 494 and 25 of the Criminal Code).

So yes, acting to arrest someone found to be commiting an indictable offence is absolutely a defence to actions which would otherwise be assault and/or unlawful confinement, if you act on reasonable grounds and use only as much force as is necessary.

[DGuller]

What was the point of mentioning that the guy was from Congo?  Was the writer of the article trying to tug at emotional strings?