Is nothing sacred? Filing charges against potatoes is unAmerican!
You know why a property owner owns the land under the water? So he can pay taxes on it?
Maybe not if he has livesrock, he is responsible for containing them. Tubing public cannot have it both ways. I would put a couple of large bulls into the pastures. Serious deterance.
Putting a barb-wire fence against a creek floaters use is also a pretty serious safety hazard. Somebody could get entangled in it. I have had some narrow escapes in the Ozarks myself.
Some morons shoots at me when I am tubing, he is going to get more than a complaint from me...
There's a guy here in the north Georgia mountains doing the same thing. He's put up a cable and no trespassing sign across one of the most heavily used streams that crosses through his land.
He knew before he bought the land that the stream itself wouldn't be considered 'his'. But, that hasn't prevented him from threatening the people floating or canoeing downstream.
Well, the landowner can put up better fencing, probably at no greater expense than feeding the horses for a year or two. That solution would allow pasturing the horses, and would keep trespassers out.
And obviously the problem is not with gunshots "near" the creek; the eyewitness spoke of bullets impacting in the water nearby his family. Could the eyewitness be wrong?
Yeah, I always carry a set of wire cutters with me when I go tubing. Cut every fence I see, just for the hell of it. jeez...
This man is a menace and a lunatic. What he did was reckless endangerment, even if the tubers were trespassing.
I remember there were some of these types down in Texas when I lived there. Texas has the same rule about navigable waterways, although I think you can stand on the river bottom without trespassing. As soon as you step on dry land you are no longer legal. Anyway, some of these clowns would fence or barricade their section of the river, telling boaters and tubers that they had "Spanish land grants" that preceded and superceded Texas state law. Total horse s**t, of course.
I'm all for private property rights, but these navigable waterway easements are long established in common and statutory law. They should drop the hammer on this maniac.
-ccm
In places where the landowner owns the land under the water there's always a possibility of having problems like those mentioned in the article.To even drop anchor is technically trespassing.
I believe the landowner is completely legal in fencing across the stream but this might end up setting a precedence to help clear up some questionable practices.I hope.
.
Most landowners are understanding but when enough people abuse their rights and property,they can be hard to deal with and cause terribly dangerous situations.
I spend a lot of time on rivers/streams and take every opportunity to meet landowners and let them get to know me.
When an owner knows that you'll be looking out for his interests by letting him know of thieves,vandals,fence problems,sick animals,poachers,etc;,he'll most often be happy to see you on the water.Even picking up trash makes a good impression and word travels from owner to owner about folks that can be trusted or not along the rivers.
Erecting a firing range where you are shooting towards where people are likely to be is indefensible.
I live in a community near Mr. Roark and know him well.
I find it quiet ironic that Jack;
A community leader
Promoter of economic and tourism development
Leader in the Masonic temple
Decorated veteran
As such Jack is one of the first to complain if he feels that some one may have an old car on there property or there grass is to long. Infect Jack is very proud of the village ordinances he has pushed through under the guise of community beatification. This has caused some hardships for many of the elderly and low-income family’s that live in long pine.
How ironic it is that he is so quick to pick up a firearm when he feels his rights and property are being violated. The local folk around hear all know about Jack shooting accost the crick. Jack has even shot near a group of tubers containing his own grand dotter.
During the light 80’s when mullets and rat-tails became popular with school children Jack would take it upon him self to pull children out of class and demand that there parents have their haircut before they could reenter school. At this time neither Jack nor his wife Wardene were even a school board members.
All this aside, Jack is a very likable guy when you get to know him. It isn’t like he is a raving lunatic with out any grounds. It is his land; He dos pay taxes on it.
In his view it would be like if you had a swimming pool in your back yard that was deemed public domain and taxed extra because every one could just traps accost your back yard.
This will be a very difficult case and I for one hope I will not be called for jury duty as this is not going to be an open and shut case, and could end up being a case for jury nullification.
If you check out the Omaha World –Herald website you will see that charges have been filed
Published Friday
May 27, 2005
Man charged with shooting at people floating down creek
BY PAUL HAMMEL
WORLD-HERALD BUREAU
LINCOLN - With tourism season poised to begin, the state filed charges Thursday against a Long Pine, Neb., man who allegedly fired shots at two groups of inner tube riders last summer.
Jack Roark, who was arrested Thursday, had posted no trespassing signs on his land along Long Pine Creek in north-central Nebraska,
The incidents have reportedly put a chill on tourism along Long Pine Creek, a popular place for inner tube floats and trout fishermen.
Jack Roark, 74, was arrested on four felony counts of making terroristic threats and two felony charges of using a firearm to commit a felony after turning himself in at the Brown County Courthouse on Thursday.
The charges have a potential sentence of up to 120 years in prison.
Roark, who owns land along Long Pine Creek in north-central Nebraska, is accused in connection with incidents last July 10 and 11, though some local residents say that he has caused problems for years.
"Something needed to be done, and the only way something was going to be done was what the attorney general did," said Jim Carley, who runs a cabin resort in Long Pine.
The Nebraska Attorney General's Office filed the charges Thursday after the Brown County Attorney's Office deferred the case last fall.
A phone message left at Roark's home Thursday was not immediately returned.
Attorney General Jon Bruning said Roark is lucky no one was injured or killed in the incidents.
"He's a menace to public safety, especially in Brown County," Bruning said.
One of the alleged victims, Alan Sladek of Omaha, told authorities that Roark fired at least six rifle shots at his inner tubing group on July 11, terrorizing the
group that included six children. The shots were fired in front and behind the group, Sladek said, trapping them on the creek.
On July 10, Laura Hall of Hastings said that she and four friends were confronted by Roark who blocked their path as they rode inner tubes down the creek and angrily forced them to retreat upstream.
According to a court document, one member of the group, Brandi Croghan asked Roark if he was the man who shot at people. Croghan said he replied, "Trust me little lady, if I was shooting at you, you'd be dead."
The next day, both Croghan and Hall said that Roark fired several shots, some within inches of them, as a group of seven friends tried to float down the creek.
Roark posted 10 percent of $10,000 bail on Thursday and was ordered to appear in court on Wednesday.
The criminal case filed Thursday involves a quarter-mile stretch of creek downstream from a cabin development called Hidden Paradise and upstream from state recreation and wildlife areas.
Contact the Omaha World-Herald newsroom
Copyright ©2005 Omaha World-Herald®. All rights reserved. This material may not be published, broadcast, rewritten, displayed or distributed for any purpose without permission from the Omaha World-Herald.