He blares his horn, yells obscenities at his neighbors five days a week and puts up offensive yard signs about them, and the law can’t stop him. Topsham neighbors Wednesday told lawmakers they are fed up with their neighbor “Jack’s” behavior and need a new law to stop him.
“Get out of Vermont or you will die!” legislators heard Jack yell Wednesday in a recording played by one of three neighbors who testified.
Jack has been charged with disorderly conduct, police said, but he either pays a fine or serves a short sentence then continues to blare his horn and yell.
“That’s what we pretty much heard all year, all summer,” said Cal Hildebrandt, one neighbor who can hear Jack loud and clear from two houses away.
A bill before the Senate Judiciary Committee would create the new crime of aggravated disorderly conduct, with stiffer penalties than ordinary disorderly conduct. Sens. Joe Benning, R-Caledonia, Jane Kitchel, D-Caledonia, and Dick Sears, D-Bennington, are the sponsors of H.195.
The bill would both increase the penalty for repeat disorderly conduct and create the new offense with stiffer penalties of up to 180 days imprisonment and a fine of not more than $2,000.
Sears said something must be done about cases such as Jack’s. But lawmakers also made it clear they don’t want an overly broad law. They also want to know why Jack hasn’t been referred to mental health services.
To be convicted of aggravated disorderly conduct, prosecutors would have to prove a person is engaged in at least two acts directed at a specific person with the intent to cause the person “inconvenience, annoyance or to disturb the person’s peace, quiet or right to privacy.”
In addition, the person would have to engage in fighting or violent or threatening behavior, make unreasonable noise, use abusive language in public or threaten bodily injury or commit a violent felony, the bill says.
Legislative attorney Luke Martland told the committee he crafted the definition of aggravated disorderly conduct by combining parts of existing laws about disorderly conduct and disturbing the peace.
State’s attorneys support the bill, said Bram Kranichfeld, director of the Department of State’s Attorneys and Sheriffs. This is a category of behavior – something more than disorderly conduct but not quite stalking or aggravated assault – that does not fit into existing statutes, he said.
He also said disorderly conduct and stalking laws have shortfalls that can make them hard to use and understaffed state’s attorneys offices must triage which cases to pursue.
The Defender General’s Office, however, is concerned the bill is too far-reaching and would swamp the system with more low-level offenses. Bob Sheil, a juvenile defender in the Defender General’s Office, said it would lead to higher caseloads and could prompt a request for additional resources.
Vermont State Police Capt. Timothy Clouatre testified in support.
“I feel that this bill would help us maybe bring some restitution to the victims,” he said.
Sears asked to hear from the Orange County State’s Attorney’s Office next week to clarify the situation with Jack.
