Watch your back when stomping out a brush fire

[mamabearCali]

So my husband had an interesting night. Driving to church this evening he sees what looks like a brush fire started in the ditch beside the road. Now around here it may not be super dry but we have TONS of dry leaves on the ground everywhere so a brush fire can easily get going fast. So if you can stop it quick, you try.

He quickly goes into the nearest driveway. It is very dark and very smoky. He runs up to the fire looking to investigate. A guy jumps out from the shadows (apparently the homeowner of the house nearby). This guy starts, yelling, swearing, cursing at my husband to leave. He seems upset that people have called the fire department on him. My husband who has only examined the fire (not done anything to it) tries to apologize and leave but the guy gets between my husband and the car (holding my two sons) and starts swinging a rake at my husband. Yelling at him to leave, all the while keeping him from doing so. By now the crazy guy has chased my husband 1/2nway down the street and has the rake over his head swinging it still. Chris is armed but desperately does not want to use his gun (for obvious reasons). Traffic is stopped in the road, the crazy man is advancing, My husband is screaming "get back." Eventually my dear husband makes a break for it gets to the car and speeds off. A few minutes later the blaze clearly out of control the fire department arrives. But the loon refused their help too. I hope he did not chase them off with a rake as well. All of this happened in front of my nine year old and five year old.

I am not really sure what Papabear could have done differently . A fire two feet from the road is not where a person usually burns leaves or starts a bonfire. However it is a place a cigarette butt or a backfire might start a brushfire. I might have tried to stop and put it out too. And a person trying to help is not usually attacked nor prevented from leaving by a guy wielding a rake. My only thought us that the guy is either crazy or drunk. Anyway I am ever so glad I am not contacting a lawyer/doctor tonight.

Papabear said it took an hour for the adrenaline to wear off and that he was so afraid he would have to draw as the crazy/drunk guy was attacking and separating him from his children.

Anyway.......Be warned...there is a crazy rake wielding loon a few blocks from the chesterfield zoo.

[Dadtodabone]

I'm glad all was well in the end. I had a similar incident along a road in E. Tennessee. Not a rake wielding loon, mind you, but another property owner who wasn't happy with my attempt to extinguish the fire he set to clear debris out of a drainage ditch. I offered to buy him a weed whacker, he wasn't amused.

[Rex B]

Some of my neighbors rake their leaves into the ditch by the street and burn them there.

[mamabearCali]

What I don't understand is...a person stops to help you and you don't want their help. Why would you just not say "no thanks man, I've got it." Why would you attack them with a rake? If you want them to leave...why would you stand in front of their car swinging said rake.

Anyway. It was scary. Papabear is still pretty upset about it. Just that he went in with the best of hearts trying to keep a brushfire from starting and had the deadly force triangle form up before his eyes in seconds. He is so glad he could get away. So so glad.

[ELB]

Interesting. The guy swinging the rake was certainly asking for trouble.

A fire two feet from the road is most likely in the county or city right of way, not on that guy's property, so he had no right to chase anyone away from it (and probably no right to start the fire in the first place).

Thus he would also not be able to "refuse" the fire department's help. (Even if it was on his own land, if the fire is out of control you are going to get help before it becomes his neighbor's problem. Also if it is after sunset, violates local ordinance, is bothering others...all will result in "help.")

If he did chase the fire department with or without a rake, he is also courting trouble -- assault is normally a misdemeanor, but can be a felony if against a public servant.

Was this after sunset? You mentioned evening time. Assuming your county or city does not otherwise have an ordinance against it, individuals can burn leaves/brush/other organic material (not tires!) in the yard, but may start burning no earlier than one hour after sunrise and must finish one hour before sunset. Also the wind must be between 6 mph and 23 mph -- no burning when the weather is stagnant or still. You must make sure the smoke does not obscure the roadway, and that it does not go blow onto "sensitive receptors" i.e. structures containing people or livestock.

(Agricultural burns have a different set of rules).

I'll bet this guy didn't consider any of that. In our county violations the deputies can write a citation resulting in a fine for this kind of nonsense.

As for your husband: it appears he had only two options for dealing with a hostile and violent person: 1. Escape. 2. Shoot. Food for thought there.

Given what he had to work with, he did well. Calling the cops once you all got out of danger might have been a good idea, but you would might have missed church. We can hope the fire department called the cops and got that guy settled.

[mamabearCali]

It was after dark by quite a bit and the smoke was pretty thick according to my friends at the church who saw it too.

In VA the burn laws are different (likely even more restrictive), off the top of my head I don't know them precisely...but no you cannot burn two feet from the road (I know that from DH work in the utility industry).

Nor can you assault people just for walking up to your property.

After the incident Chris went to our church, inclose visual distance of that home, and immediately talked to his friend one of the Captains of the state police who goes to our church. He went outside and saw the fire department and thought the guy sounded drunk and they decided it would be better to let the drunk guy sleep it off in his home as opposed to a cell. Besides if he attacked the LEO like that he would get himself shot. So in a moment of mercy they left the guy to himself. So in a way he did contact the police immediately, just one with more clout and good judgement as opposed to the poor on call LEO that would walk into the situation cold and have it go bad quick.

Anyway I sent your comment to him so that he would be encouraged that he did the best thing with the conditions he had.

Now had the drunk loon attacked our car with our boys in it.....that night would have ended quite differently. Happily he didn't.

[ELB]

...

In VA ....

I forgot you were in Virginia. I have no doubt the laws are stricter there. If the clown had given the firefighters much guff they would have called the cops on their own. After maybe dogpiling him.

[LDB415]

Or if he spent the night in jail it might somehow prevent the next time when things do go far beyond where they went this time and the ending is far worse than a night in jail.

[mamabearCali]

Maybe but the capt of state police made the call to let the guy sleep it off. My husband has known the officer for 11 years. A whole lot less trouble for us.