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(Update) Outraged Octogenarian: Whose Fence Was It Anyway?

This story has some legs in California. Any of these three links should work for the video:

http://www.kget.com/mostpopular/story.aspx?content_id=69d2f9b3-ac17-4472-9fb7-09d351703540
http://www.kget.com/mediacenter/local.aspx?videoId=17879
http://www.kget.com/mediacenter/?videoId=17879

The video accompanies a brief report that the accused, Louis Montgomery, will be held for trial – the hearing at which this video was taped established that there was sufficient evidence for a trial. I assume there will be a bail hearing, but it wasn’t mentioned.

One BIG twist. In my previous post, all the quotes and info stated directly that Montgomery was painting HIS OWN fence, on HIS land.  Now, in the report accompanying the video, there is an unsourced remark that Montgomery was painting HIS NEIGHBOR’S FENCE, and he was asked to stop by the Deputy.

Investigators said Montgomery became violent with Deputy Steve Williams after he asked Montgomery to stop painting his neighbor’s fence.

IF TRUE, that would be a breach-of-the-peace/destruction of property type situation where the Deputy would be (more) justified in trying to stop Montgomery – though his chosen tactics still seem highly questionable.

So which is it? Was the fence on Montgomery’s land or was it his neighbor’s fence – or was it a shared fence or a disputed property line? The earlier report seemed very clear on this point, but now we don’t know.

At least Montgomery has a lawyer, Kyle Humphrey, who said on the video:

“I don’t believe we pay our law enforcement to bust up old men … The evidence will be substantially different than what has been testified to [today] … We’ll let a jury sort it out.”

B