DEWEY-HUMBOLDT - A magistrate in the Dewey-Humboldt Justice Court scolded warring neighbors Tuesday, telling them she believed that a mediator would handle their case better than a court of law.
The case stemmed from a feud between David Waters and some of his Dewey neighbors that apparently has been going on since 2006. This past week Judge Catherine Kelley granted the neighbors an injunction against Waters, ordering that he have no contact with them after they complained that he was videotaping them, waving his arms wildly, swearing, and otherwise harassing them. Waters, while admitting that he videotaped his neighbors, said that he did it on the advice of his lawyer because the neighbors had filed 15 police complaints against him.
At one point during the contentious 2-1/2-hour hearing, Kelley admonished the parties, "Let's not make my courtroom your neighborhood. I wouldn't want to live in your neighborhood."
While Waters argued that no proof of his neighbors' claims exists, Kelley disagreed.
"This case is about harassment," Kelley said. "I see testimony, statements. There is evidence. This is not your average neighborhood ... I would be a fool to believe there is only one side to this story."
Kelley kept her order in effect that Waters have no contact with his neighbors and also ordered Waters to stop videotaping James and Jeannine Jaeger and another neighbor. However, she dismissed other parts of the earlier injunction and allowed Waters to bring his guns and rifles back into his Mustang Drive house, saying that nothing she had heard convinced her that "anyone is at risk."
After urging the parties to go to mediation to settle their differences because "a court is a lousy venue for this one," Kelley said she would take the case "under advisement" and make further rulings later. She also agreed to view videotapes that both Waters and the Jaegers gave her as evidence.
"I'm going to think about this," she said. "I hear severely annoyed people. This belongs in mediation. I'd like you to sit down with a professional and get this resolved."
The Jaegers testified that Waters' behavior had driven them to file for the injunction and that for the duration of a four-month injunction in 2007 Waters had left them alone. Jeannine Jaeger told Kelley that she was most concerned that Waters allegedly shone a laser light into her home. She also said he dressed in camouflage and hid behind bushes.
"My grandchildren are afraid to come to my house because of this man," she said.
James Jaeger said, "The laser in the living room, of all the things he's done, that's the most frightening."
Waters denied owning a laser or shining one into his neighbors' house. He pointed out that teenagers on vacant land nearby might be the source of the light. He also denied hiding in the bushes, swearing or waving his arms at them. Waters called two witnesses, including a pastor, who said that he doesn't cuss and he's wearing a sling because of shoulder surgery that he said would have precluded his waving his arms wildly in recent weeks.
After the hearing, the Jaegers and another neighbor declined comment to The Courier.
Waters, who remodels and then sells houses for a living, said he would be happy to take the case to a mediator. He also has put his house on the market.
Reader Comments
Posted: Wednesday, December 30, 2009
Article comment by:
No name provided
Hey @ stogie man: The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee! . . . I'm a huge Tarrantino fan too, but what the heck do your ramblings have to do with this article?
Posted: Wednesday, December 30, 2009
Article comment by:
dang worst paper reader
This is the worst paper around where? You did not finish your statement. If its so bad why do you respond to it? And where did he done get his rights taken away? I thought they took his dang guns to make sure nobody was hurt. Be clear so us dang burn it worst paper readers know what you are rambling about.
Posted: Wednesday, December 30, 2009
Article comment by:
stogie man
oh, let the wickedness of the wicked come to an end,but establish the just for the righteous God tests the hearts and minds.my defense is of God,who saves the upright in heart. God is a just judge,and god is angry with the wicked every day.if he does not turn back,he will sharpen his sword:he bends his bow and makes it ready.he also prepares for himself instruments of death:he makes arrows into fiery shafts.behold,the wicked travails with iniquity,conceives trouble and brings forth falsehood.he made a pit and dug it out,and has fallen into the ditch which he made. his trouble shall return upon his own head,andhis violent dealing shall come down on his own crown. i will praise the Lord according to his righteousness,and will sing praise to the name of the Lord Most High.
Posted: Wednesday, December 30, 2009
Article comment by:
EASL?
Dear Derek there is no such thing as "mandatory mediation" only mandatory arbitration.
Dear JimmyJoeBob the word is violated not "vilated".
Posted: Wednesday, December 30, 2009
Article comment by:
No name provided
IT TOOK A NEWS PAPER TO GET HIS RIGHTS BACK,HOW MANY OF THESE DO WE NOT HEAR ABOUT.AND THIS PAPER IS THE WORST AROUND.
Posted: Wednesday, December 30, 2009
Article comment by:
GOOD JUDGE STICK AROUND
She had an earlier injunction to protect society and it violated no civil rights.
One question: where did you learn to spell and who reads the constitution to you? Because you need a new teacher.
Posted: Wednesday, December 30, 2009
Article comment by:
Bad Lawyer Go Away
"Waters, while admitting that he videotaped his neighbors, said that he did it on the advice of his lawyer...."
His lawyer poured gasoline on the fire.
Posted: Wednesday, December 30, 2009
Article comment by:
JimmyJoeBob
I hate it when my rights are vilated. I might just have to go and get myself a injuction against havin mi rites vilated,
Posted: Wednesday, December 30, 2009
Article comment by:
Judy
Wow! 15 complaints! Mr Waters a church going man? Did you ask for forgivness before or after you harrassed these neighbors? Sounds like the neighbors are the victums. If I were the grandchildren I would also be afraid to go to Gramas house. Mr Waters dresses in camoflage clothing and hides behind his bushes with a video camera. How many Pastors are willing to testify in court in such a case, if in fact this person was a real clergy.How sad that these people have to live by Mr Waters. Just be aware.He could be your neighbor next as he claims his house is on the market.
Posted: Wednesday, December 30, 2009
Article comment by:
Had Enuff Bad Neighbors!
Welcome to Arizona. We have been dealing with neighbors from hell for over 5 years. The courts let them file frivilous cases and then you have to defend yourself against a pack of lies simply because someone feels like suing you instead of working for a living. There are a lot of these people in this area and they need to be sanctioned so they can't continue wasting my money and tying up the court calendars with their stupidity!
Posted: Wednesday, December 30, 2009
Article comment by:
The Devil Guy
Sounds like a bunch of small time nut cases, much like you see on an old Andy of Mayberry viewing...
Posted: Wednesday, December 30, 2009
Article comment by:
La Raza
Somehow I think this is not the end of the "trailer park feud." Silly conservs are always creating problems.
Posted: Wednesday, December 30, 2009
Article comment by:
Derek
It looks like the judge reviewed and clarified the case here and issued a more appropriate ruling. The real fault is in the way the legal system didn't work as intended and a man was arrested for such a petty original charge, and for not showing up at court when he did not receive a summons due to the address problem. Before arresting anyone on such petty charges, the court system should attempt to have them personally served, especially in rural and semi-rural areas. Police officers are required to follow court orders. It would have been nice if they could have held off and checked further with the court before arresting the defendent, but that is likely not possible. It's too bad the judge can't remand both accusers and defendents to court-ordered, mandatory mediation in siuations like this. It would save the County a lot of time, money, and headaches in the future. In contrast to the original article, it does seem like the neighbrs had some legitimate complaints, as well as those attributed to the accused. However, if someone in camoflage clothes WAS hiding in the bushes, they should have called the Sheriff. Also, if they felt they were verbally threatened with harm, they likewise should have called the sheriff a the time. Thanks to the Courier for this follow-up article.
Posted: Wednesday, December 30, 2009
Article comment by:
An American
good job Magistrate
Kelly, you shall keep your job.
Posted: Wednesday, December 30, 2009
Article comment by:
BAD JUDGE GO AWAY
She had an earlier injuction witch vilated his 2nd admentent rights to bear arms she needs to go.!.
