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Tribunal Justice - Season 3 - Episode 15: The Bat and the Backlash
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TVTranscript
00:00We're here with two people who don't get along.
00:02She swings the bat when I was in my doorway.
00:05I'm not gonna let no scum come along disrespect me
00:08because I never disrespected this guy.
00:10Next thing you know, she comes at me with the bat again.
00:13You wanna victimize me? Okay.
00:16What you are not allowed to do is to pick up a weapon and brandish it.
00:19Are you guys still neighbors?
00:21Yes.
00:22Oof.
00:23Now, on Tribunal Justice.
00:47Today's case was filed in Los Angeles, California.
00:51Your Honor, this is case 3016, Clark v. Tobin.
00:55All parties have been sworn in.
00:57You may be seated.
00:58Thank you, Cassandra.
00:59All right, Ms. Clark, you're suing your neighbor
01:03for intentional infliction of emotional distress,
01:05return of bail and damage that you claim he did to your car,
01:09and you're seeking $5,000 in damages.
01:12Is that right?
01:12Yes, sir.
01:13All right, Mr. Tobin, you deny any wrongdoing,
01:15and you claim that the plaintiff's arrest
01:18resulted from her own misconduct.
01:20Correct.
01:21Which included attacking you with a baseball bat.
01:23Correct.
01:24And you believe that the plaintiff has unreciprocated romantic feelings for you.
01:30Oh, definitely.
01:31Which you think is the root of all of her problems.
01:35Oh, yeah.
01:35So, Ms. Clark, why don't you tell us,
01:37where do you live in relation to the defendant?
01:39About how far away from your front door would his front door be?
01:43About 15 feet.
01:45All right, and where did you guys first meet?
01:47On that property.
01:48And when was that?
01:49I moved there in 2021 on my birthday.
01:53Okay, and what about him?
01:54Was he there prior to you getting there,
01:56or was he there after?
01:56He probably moved there like a month before I had gotten there.
02:00Is that about right, Mr. Tobin?
02:01No, I want to say maybe like three, four months, maybe.
02:03Okay.
02:04At the time.
02:04Ms. Clark, tell us about your relationship
02:07when you first moved in.
02:09When I first moved in there,
02:12I met Mr. Tobert,
02:13and he introduced himself as a neighbor,
02:16and I was having some problems
02:18trying to assemble a bed that I had, my bed.
02:22And his words to me,
02:23after helping me assemble the bed,
02:25was, oh, okay, Ms. V,
02:27if you need anything else,
02:28just let me know,
02:29and I will help you.
02:30So I took it to be a nice little adjuster as a neighbor,
02:33you know what I'm saying?
02:34And it just went on with my regular life,
02:37just being sociable.
02:39I'm a young lady from Texas,
02:41so I have a different little culture thing about myself
02:45than what it is over here.
02:48So...
02:48What do you mean by that?
02:49Well, I'm more Southern.
02:51Okay.
02:51You know, a little from some, another cut.
02:54So you're more country, he's more rock and roll?
02:56I don't know what he is.
02:58Let's take a look at the photograph.
03:00I know he has behavior problems.
03:01Okay, well, we're gonna see, all right?
03:03Because I saw a police report,
03:05and that police report didn't have him
03:06taking a baseball bat towards you.
03:08You follow me?
03:09Uh, well, if you ask me why I took that baseball bat...
03:12I didn't ask you why.
03:13All I said is that's what was in that police...
03:15Well, I was defending myself at the time,
03:16because I'm a single female.
03:17We're gonna get to that.
03:18Hey, listen, all I'm saying is...
03:20Okay.
03:20You know, we who live in glass houses
03:22shouldn't be throwing stones.
03:23Okay.
03:24You got it.
03:24All right, let's take a look at this photograph.
03:26Mr. Tobin, go over there and just show us, please,
03:28where it is that your front door is
03:30and where it is that Ms. Clark's front door is.
03:32Yep.
03:32Her front door is there.
03:34Mine is right there.
03:35So hers is here?
03:38Yep.
03:38And yours is back there?
03:40There you go.
03:41Yep.
03:42The one thing I do want to mention to you, though, ma'am,
03:44is that I noticed in all of your paperwork,
03:47you keep referring to him as what?
03:49What do you call him?
03:50His last name is Tolbert.
03:52Tolbert?
03:53And you guys have been living next door
03:55to each other for how long?
03:57About three years.
03:58Okay.
03:58Three years, I've been there three years.
03:59Just so you know, ma'am, I've seen his ID,
04:01his official ID, it's Tobin, T-O-B-I-N.
04:04Okay.
04:05Okay, just want to let you know.
04:06My mistake.
04:07Are you guys still neighbors?
04:08I still live there.
04:09And you, sir?
04:10Yes.
04:10Oof.
04:13So, Ms. Clark, I'm going to direct your attention
04:15to November 12th, 2023.
04:18Yes, sir.
04:18Would you tell us what happened?
04:19I came out of my unit that morning
04:21to go take some trash
04:23because as you go down to the back,
04:26the dumpsters are back there.
04:27And as I'm on my way back,
04:30I hear all this rumbling and bumbling,
04:32you know, like accusations
04:34of you big, fat, bald-head bitch
04:37and all this.
04:38And so he decided he wants to come out of his house
04:40and tell me that's who I am.
04:42And so I took it upon myself.
04:45I'm single.
04:46And I took it upon myself.
04:48I went in the house and got my baseball bat.
04:49Yes, I did.
04:49And I went and got my baseball bat
04:51and I brought my baseball bat out.
04:52I did not hit him with my baseball bat.
04:55Well, that's good.
04:55He called the police and I called the police.
04:57This guy here, he didn't have no right
04:59to disrespect me like that
05:00because I never did anything to him.
05:02You get what I'm saying?
05:04So whatever his issues was,
05:05that was his problem.
05:06That's not my business.
05:07For sexual purposes,
05:10I'm 60 years old.
05:11I have grandkids his age.
05:12I don't have time for this right here
05:14because since I've been there,
05:15I've seen his behavior.
05:16He has issues with people.
05:18He had a young lady living with him once before.
05:20He tormented her.
05:22She called the police.
05:23Police told her to leave, never come back.
05:25After that, then he called himself
05:26to torment one of the other neighbors
05:28that lived there.
05:29He cursed him all out and verbalized him.
05:32And then it was a neighbor
05:34that lived across from him.
05:35He terrorized, he tormented him.
05:37The young lady lives all the way in the back.
05:39She buys her a big old speaker.
05:41She's in her house playing her speaker.
05:43He wants to tell her.
05:44She can't play her speaker.
05:45You pay for the inside,
05:47not what goes on on the outside.
05:49And so since you feel like
05:51you can victimize everybody
05:52and you want to victimize me,
05:55okay, okay.
05:57Thank you for that.
05:58Okay.
05:58I want to go back to November 12th.
06:00November the 12th,
06:01I pulled my baseball bat on him.
06:03November the 12th, I went to jail.
06:04So on November 12th,
06:06you say that he's making
06:07some very derogatory comments.
06:09He come all the way out of his house.
06:11He came out of his house all the way?
06:12To call me a big fat bald head bitch.
06:14Okay.
06:14I went in my house
06:15and got my baseball bat.
06:17And when you came outside,
06:18where was he?
06:19Him and the other neighbor,
06:21they were standing in the middle
06:21of the driveway right there.
06:23So when you came back out
06:25with the baseball bat now,
06:27you see the defendant
06:29and this other gentleman,
06:30this other neighbor.
06:31Well, the other neighbor
06:32stepped out his door
06:33and went to say,
06:33oh, that's an assault.
06:35That's a weapon.
06:36But you haven't assaulted anyone yet.
06:37All you got is a bat in your hand.
06:39You're right.
06:40What did you do?
06:41I never swung it back.
06:42I did swing it back,
06:43but I caught myself
06:44because when he used one word with me,
06:47it took my mind somewhere
06:49because due to the simple fact,
06:51you know,
06:51I use drugs from the age of 17 to 49.
06:54I saw you.
06:54You put that in your complaint.
06:56And, you know,
06:57and then I moved here
06:58and I was homeless
06:58for three and a half years
06:59and in college.
07:00So I made some changes in my life.
07:02And where I'm at now,
07:03I worked hard for that.
07:04I worked hard for that.
07:05And I'm not gonna let no scum
07:07come along
07:08and think he gonna
07:09demeanor me,
07:10disrespect me
07:11because I never disrespected this guy.
07:13I never had a reason
07:13to even walk out
07:14and even call him out his name.
07:16He's had friends over there
07:17that asked him to go come
07:18and apologize to me.
07:19He wanna think about
07:20if he wanna apologize to me.
07:21Ms. Clark,
07:22listen, you got a lot to say
07:23and there's a reason
07:24why you got a lot to say.
07:25I get it.
07:25Because I need him to know it.
07:28Coming up
07:29on Tribunal Justice.
07:31As I'm telling
07:31my side of the story,
07:33she's back there
07:34behind the officers
07:35twerking,
07:36showing her butt,
07:36thinking she's not going to jail,
07:37thinking she's untouchable.
07:43Veronica Clark
07:44claims neighbor
07:45Demonte Tobin
07:46vandalized her car,
07:47picked a fight,
07:48then had her arrested.
07:50She's suing him
07:51for $5,000
07:51in damages and bail.
07:53Demonte says
07:54Veronica threatened him
07:55with a baseball bat
07:57after he declined
07:58her advances.
07:59Ms. Clark,
08:00so according to your complaint,
08:01you grabbed your baseball bat,
08:03you walked outside,
08:05when did you call the police?
08:07Probably around the same time
08:08they did
08:09because the police showed up.
08:10Okay.
08:11And tell me what happens.
08:12First of all,
08:12how many police officers arrive?
08:14Two.
08:14And when those two police officers
08:16arrive,
08:17where do they go?
08:18Who do they speak to?
08:19The female officer
08:20had him and the other guy
08:22over to the side,
08:23over there talking.
08:24The male officer,
08:25he's talking to me.
08:26But I'm trying to get
08:27my point across
08:27to the male officer
08:29what led me into
08:31feeling like
08:32I needed to defend myself
08:33because if you ain't got
08:34no man in and out your house,
08:37you know what I'm saying?
08:38I can just do
08:39what I want to do with you.
08:40I get it, Ms. Clark.
08:42But are you still
08:43holding on to this bat
08:43at the time?
08:44No, the bat is in the house.
08:45Okay, well, I didn't know
08:46you haven't told us
08:47you went back in the house
08:47to put the bat down
08:48before the police show up.
08:50Well, yes, I did.
08:51Okay.
08:52There came a time, though,
08:53that the police decided
08:54to make an arrest.
08:56What he did
08:57after he finished
08:57talking to me
08:58and then they came together
08:59and collaborated
09:00on whatever they came up with,
09:02he states to me,
09:03well, where's that baseball bat?
09:05I said, it's in my house.
09:06Oh, okay, take me in your house
09:07to get that baseball bat.
09:08So I take him...
09:09So hold on one second.
09:10Hold on.
09:11That's important.
09:12You never mentioned
09:13the baseball bat.
09:14No.
09:14Because if you did mention
09:15the baseball bat,
09:16he'd have told you directly,
09:18where's that baseball bat?
09:19Well, obviously,
09:20in the 911 call,
09:21somebody had to say
09:22that she has a baseball bat
09:24because my cousin told me,
09:25he said, oh, girl,
09:25I see you on Citizen.
09:27Hold on.
09:28Ms. Clark,
09:29you think that just because
09:30someone calls 911,
09:32you think every one
09:33of those patrol cars
09:34knows exactly what was going on,
09:36what was said
09:36on that 911 call?
09:38Can you tell us
09:39how that works, please, Cassandra?
09:40You were in the department
09:41for 30 years.
09:42Yeah, they called the dispatch.
09:43Dispatch put out
09:44a little synopsis
09:45of what's going on.
09:45Not exactly verbatim
09:46what's happening,
09:47but a little synopsis,
09:48like see the man, woman,
09:50there's a neighbor dispute.
09:51That's pretty much it.
09:53So the police officer
09:54asks you,
09:55where's the bat?
09:56You tell him
09:56where the bat is.
09:57You go back into your place.
09:58You get the bat.
09:59No.
10:00He escorts...
10:00They escorts me in my house.
10:02That would probably make sense.
10:03Then he asked me
10:04for my ID.
10:05Okay.
10:06Then he asked me
10:06for the baseball bat.
10:08Then he said,
10:08put your hands behind your back.
10:09You go in the jail.
10:10Do you know
10:11what he told you
10:11he arrested you for?
10:12No.
10:13He never told me.
10:14All right.
10:14Mr. Tobin,
10:15mind telling us
10:16your version of events
10:17of November 12th, 2023?
10:19So that particular morning,
10:21I want to say roughly,
10:22I want to say 7,
10:24it was noisy outside.
10:26And it was super loud,
10:28like chaos.
10:28Now, I don't know
10:29what was exactly going on,
10:30but I know that
10:31when I stuck my head
10:32out the door,
10:33she was arguing
10:34with someone,
10:35one of the neighbors,
10:36outside.
10:37At that point,
10:38I get upset,
10:39and I say,
10:40yo, look what time it is.
10:41Y'all need to cut
10:42all that out.
10:43And I'm in my doorway.
10:45She already has
10:46a bat in her hand.
10:47She swings the bat
10:48the first time at me
10:49when I was in my doorway.
10:51The second time
10:52was after the fact
10:53that the neighbor
10:54across from her
10:56had wanted to talk to me.
10:58As you clearly see,
10:59there's a walkway right there,
11:01so I'm in front of his door
11:02talking to him.
11:03She comes out of her house
11:05obnoxious with an attitude.
11:07Next thing you know,
11:08she comes at me
11:09with a bat again.
11:10So now the police arrive.
11:11Mm-hmm.
11:12What happens then?
11:13At that point,
11:13they didn't bring me
11:14to the end of the driveway.
11:15There's a cop car
11:16at the end of the driveway,
11:17right?
11:18Now, the officers
11:19are facing this way.
11:20The car's right here.
11:21She's standing directly
11:22behind the officers.
11:24Now, as I'm telling
11:25my side of the story,
11:26she's back there
11:27behind the officers
11:28twerking,
11:29doing this and that,
11:30showing her butt,
11:31just thinking
11:32she's not going to jail,
11:33thinking she's untouchable.
11:34So the neighbor
11:35told the police,
11:36you need to take her
11:37because she's messy.
11:38She caused a lot of problems.
11:39If you leave her,
11:39it's going to be problems
11:40over here.
11:41Mr. Tobin,
11:42I'm not interested
11:42in what you claim
11:43other people said.
11:44That's hearsay.
11:44They're not here to testify.
11:45All I want to know
11:46is did you see
11:47the police arrest her?
11:49Yes.
11:50And what about this?
11:5108.
11:53Do you recognize
11:53that photograph, sir?
11:55Yes, I do.
11:55Her getting arrested
11:56by the police.
11:57Who took that photograph?
11:59The neighbor.
11:59Thank you very much.
12:00Judge Acker.
12:01Thank you, Judge.
12:02My mother's
12:02from the South, too.
12:03So, I get it.
12:06But here's what
12:07you have to get.
12:08You're going to be
12:08disrespected a lot in life.
12:10People will call you names
12:12or even if they don't
12:13say something directly,
12:15they'll make it clear
12:16they don't like you.
12:18They will sometimes
12:19pick and pick
12:20and pick and pick
12:20and pick.
12:21And you know what
12:21they're doing?
12:22They're waiting
12:22for you to act out.
12:24So, you are trying
12:26to saddle him
12:27with legal liability
12:29for your reaction
12:30to what you say he did.
12:32But right now,
12:33Mr. Tobin,
12:34just so we're clear,
12:35you're in a good position.
12:37You really don't
12:38have to prove anything.
12:39She has to prove
12:40that you are responsible
12:42for her bail,
12:44for $5,000 worth
12:45of emotional distress.
12:46You don't have
12:47to disprove it.
12:48She has to prove it,
12:49which is why
12:50I'm focusing
12:50on you right now.
12:52So, you spent
12:53almost three decades
12:56using, you spent
12:57the last decade sober.
13:00Look, there are people
13:01who've gone through
13:02far less than that.
13:03And if folks
13:04don't like them,
13:05you know, they just
13:05try to do those
13:06little things.
13:06They try to be
13:07disrespectful.
13:08What you are not
13:09allowed to do is to
13:11pick up a weapon
13:12and brandish it.
13:13Yes, ma'am.
13:13So, why on earth
13:15would I make him
13:17responsible for your bail
13:19when you're the one
13:20who picked up the bat,
13:21you're the one
13:22who got arrested?
13:24Coming up
13:24on Tribunal Justice.
13:26You do mess with her
13:27because she just said
13:28you admitted to calling
13:29her a baldhead bitch.
13:30Why are you in each
13:31other's business
13:31like this?
13:37Veronica Clark
13:38claims neighbor
13:39Demonte Tobin
13:40threw paint on her car,
13:41then got her arrested
13:43after an argument.
13:44She wants $5,000
13:45for damages and bail.
13:47Demonte says
13:48he didn't touch her car
13:49and she got herself
13:50arrested for making
13:51threats with a baseball bat.
13:53Why on earth
13:55would I make him
13:56responsible for your bail
13:59when you're the one
14:00who picked up the bat,
14:01you're the one
14:01who got arrested?
14:03I can relate to
14:04what you're saying.
14:05My actions,
14:05I did have enough time
14:07to reflect on my actions.
14:08Yes, that was on me
14:09what I did right there
14:10and I knew that
14:10did not make any sense.
14:12It did not make any sense.
14:13No, no it didn't.
14:13And that's why
14:14you got arrested
14:15and that's why
14:16you had to pay the bail.
14:17Okay.
14:18Now, moving forward.
14:20Moving forward.
14:21This ain't stopped.
14:22And moving forward
14:24as of this year,
14:25I think around June
14:27I had surgery
14:28and just one day
14:29I come out of the house
14:30to go to my car
14:32to get some Tylenols out.
14:34And I'm not thinking,
14:36you know,
14:36when I come out the house
14:37I'm going to have to
14:38go through some again.
14:39And he's outside
14:40in the back
14:41that in particular day
14:42and I go to my car
14:43to get the Tylenols
14:44and he's like,
14:44yeah, bitch.
14:47Big fat bald head bitch again.
14:49And yeah,
14:50what you want to do this time?
14:51And I'm saying it to your face.
14:53So,
14:54I just walked on off that day.
14:56And that's the right thing to do.
14:58I walked off that day.
14:59That's the right thing to do.
15:00So, by me walking off
15:02to say,
15:02you know what,
15:03I'm not playing into this one again.
15:05Now, Mr. Tobin,
15:06may I just ask you,
15:07did you call her those things?
15:08Yes, I did.
15:09You did say those things.
15:11Well,
15:11because she's being provoked
15:13and she's always
15:13in someone else's business,
15:15it got to the point
15:16to where I have
15:17tents on my windows.
15:18It got to the point
15:18where I felt uncomfortable
15:19leaving my place
15:21no matter what time of day it was.
15:23Somebody's always
15:23coming to the door,
15:24walking out.
15:25I have my family,
15:26my friends come over.
15:27Guess what she does?
15:28What do you mean always?
15:28She comes outside
15:29and she's all in their business
15:31trying to see who they are
15:32and everybody's business,
15:33whoever comes around the property,
15:35like she owns the property.
15:37Well, that's the same thing.
15:38She comes in
15:38because I don't mess with her.
15:41She got arrested.
15:42Sir, sir, sir,
15:43but you do mess with her
15:44because she just said
15:45you admitted to calling her
15:46a bald head bitch.
15:47Why are you
15:48in each other's business
15:48like this?
15:50That's what I'm saying.
15:50I feel so uncomfortable
15:52in my own skin,
15:53my own place.
15:54Your units,
15:55your homes,
15:56your homes are really
15:57in close proximity
15:58to one another.
15:59Which is not a problem.
15:59So it kind of is a problem,
16:01but what you all need
16:02to understand
16:03that until such time
16:04as you can afford
16:05to go buy yourself
16:06some private islands,
16:07there's just some BS
16:08from people
16:09that you're going to
16:10have to deal with.
16:11And ma'am,
16:12imagine when you get
16:12further along
16:13in your sobriety
16:14and people try to come
16:15for you behind your back.
16:17What are you going to do?
16:18I'm stronger now.
16:19You've got to be stronger.
16:20I am.
16:21Judge.
16:22First of all,
16:22you don't like that she's loud.
16:24You're afraid
16:25you're a single woman.
16:26You're antagonizing her.
16:27You know she acts up
16:28a little bit.
16:29You get a bat.
16:30Whether you brandish it
16:31or not,
16:31I don't know.
16:32But I do know
16:32that the district attorney's office
16:34declined prosecution
16:35and dismissed the case
16:37but said they could
16:38bring that case back
16:38in one to three years
16:40if in fact you did something.
16:42So we're here.
16:42We're here with two people
16:44who don't get along,
16:45who are two childs
16:46just to kind of
16:46walk past one another
16:47and move on.
16:49So now we go
16:50to the real issue here
16:52which is you claim
16:53that he damaged your car.
16:56That he took paint
16:58and poured it
16:59on your vehicle.
17:00Ma'am,
17:01is that your car?
17:02Yes, ma'am.
17:02And please tell us
17:03what kind of car it is.
17:04That's a 96 Mercedes Benz.
17:06I bought that car
17:07when I was in college.
17:08When did this occur?
17:10This occurred
17:12August of this year.
17:13August.
17:13That's approximately
17:15ten months
17:16from the incident
17:17on November.
17:18Yes, ma'am.
17:19Yes, ma'am.
17:19You did not see him
17:21do that, correct?
17:23No, I did not see him
17:24do that.
17:24You didn't see him do it.
17:25You of course say
17:27you didn't do it.
17:28Now that paint,
17:29that color paint
17:30is also on your wall
17:32at your home.
17:34Correct, correct.
17:34So can we see
17:34that picture of the paint
17:36on his wall?
17:37Did you see who did
17:38that paint on your wall?
17:39No, when I...
17:40And she didn't see
17:41who did anything
17:41to the car.
17:43What is it?
17:44Management text me
17:45August the 21st.
17:48Brought to my attention,
17:49the car has been
17:50sitting there,
17:50brought to my attention,
17:52said that I needed
17:52to move the car
17:53because there was
17:54a tenant in the unit
17:55that's having something
17:56done in his unit.
17:57It's him that's having
17:59something done in his unit
18:00because of the...
18:00Let me see where
18:01it says that.
18:02It says here,
18:03there's a message
18:03from the properties.
18:04Hello, residents.
18:05Will the owner
18:06of the Mercedes-Benz
18:07your license plate
18:08please move the vehicle?
18:09Our tenants require
18:11this space
18:11to temporarily place items
18:13while their unit
18:14is being worked on.
18:15Thank you.
18:15Okay.
18:15The photograph
18:16that has been submitted
18:17is your unit
18:19with your property
18:20outside in that space.
18:23Correct.
18:24So it was you
18:25that asked to have
18:26that vehicle moved
18:28out of that space.
18:28That's your property,
18:29correct?
18:29Correct, correct, yeah.
18:30Why did you need
18:31that space?
18:31Because I was taking
18:33out my refrigerator,
18:34my stove,
18:34I was taking pretty much
18:35everything out of that.
18:36I wasn't even finished.
18:37So let me pause you.
18:38Stop.
18:39Why could he not
18:41use that space
18:43with your apartment
18:44complex permission?
18:45So when management
18:46texts me, right,
18:48the car was,
18:49it was unoperable
18:51so it's too big
18:52for me to try
18:53to move by myself.
18:54How long
18:54had it been sitting there?
18:55It had been sitting there
18:56for like two years.
18:57But the day
18:58that he's asking me
18:59to move it,
19:00I couldn't move it
19:00that day because
19:01it's impossible
19:02for me to move
19:03the vehicle by myself.
19:04So the very next day
19:05I go over
19:06to move the vehicle
19:07and this is the findings
19:09that I find.
19:10And I'm thinking like,
19:11oh, did I not move
19:12it fast enough
19:13or something?
19:14Yeah, two years
19:15I'd say it was a while.
19:17Coming up
19:18on Tribunal Justice.
19:19She believes
19:20that it was you
19:22that did that
19:23because of the timing
19:24of the text
19:25from the management company
19:26and the fact
19:27that you were the one
19:28that needed the space.
19:29I have a solid
19:30alibi for that day.
19:36Veronica Clark
19:37claims nightmare
19:38neighbor DeMonte Tobin
19:39owes her $5,000
19:40for bail money,
19:42car damage
19:43and emotional distress.
19:44DeMonte says
19:45that it's Veronica
19:46who's the troublemaker
19:47and that's why
19:48the cops arrested her
19:49and not him.
19:51Circumstantially,
19:52it's her position
19:53that she believes
19:55that it was you
19:56that did that
19:57because of the timing
19:59of the text
20:00from the management company
20:01and the fact
20:02that you were the one
20:03that needed the space.
20:03I have a solid alibi
20:05for that day
20:05because I was gone all day.
20:07When I got home,
20:08I got home around
20:0810 or something
20:09that night.
20:10I don't know
20:10where your alibi was.
20:11I have no way
20:12of knowing where you were.
20:12I was at my cousin's house.
20:13And I didn't notice
20:14anything in your papers
20:15that said,
20:16by the way,
20:17I could not have done
20:17what she said.
20:18Now,
20:19the other thing
20:20about your papers
20:20are you want to say
20:22that he caused
20:22emotional distress
20:24because you got arrested.
20:26But you did have
20:27the bat.
20:28The police have
20:28to take certain action.
20:29And I must say,
20:31we have a lot of people
20:32that are immature
20:32in our cases,
20:33but you two are really
20:35topping the cake here.
20:36So I don't have
20:37any other questions.
20:38Does anybody have anything
20:39that they want to ask?
20:40Okay,
20:41then we're going to retire
20:41to deliberate.
20:42We appreciate your story.
20:43Thank you very much.
20:44Thank you.
20:44Court is now in recess.
20:46All parties will be recalled.
20:51It's not a laughing matter.
20:52These people got to live
20:53with each other.
20:54They're so close
20:55in proximity to each other.
20:56There was a lot of bad blood.
20:58And I remember
20:59prosecuting these cases
21:00when I was a young
21:01assistant DA in New York.
21:02And there was a saying
21:03that used to go around.
21:04And it was,
21:05you know,
21:05the only way that
21:05these cases ever end
21:06is when someone moves
21:07or someone charges
21:09get elevated.
21:10There's no way,
21:11as I see it,
21:13that the plaintiff
21:13has made out
21:14any one of her
21:15causes of action.
21:16She got arrested
21:17because she went outside
21:18with a baseball bat
21:19and she was angry.
21:20The consequences
21:20of that action
21:21are on her.
21:23Period.
21:23The vehicle,
21:25the $1,000
21:25that she wants
21:26to repair the vehicle,
21:27there was no evidence
21:28that he did it.
21:29You would have to believe
21:30that he damaged
21:30his own property
21:31to cover up for the fact
21:32that he also damaged
21:33her car
21:33and there's no evidence
21:35of that.
21:36More likely she did it.
21:38And the return of the bail,
21:39it fails for two reasons.
21:40One,
21:41she got herself arrested.
21:42And number two,
21:43she didn't post the bail.
21:44According to the bail receipt
21:45that was provided to us,
21:46it was her aunt
21:47who posted the bail.
21:49So for all those reasons,
21:51I don't see any way
21:52that we can even consider
21:54giving her a nickel.
21:55Yeah,
21:55she has some sensitivities.
21:57I think she feels
21:58really protective
21:59of her space
22:00and her position
22:00in life now.
22:02Right?
22:02She spent the last
22:03three decades
22:04in and out of jail
22:05fighting addiction.
22:06She feels like
22:07she got it together
22:08and she feels
22:09protective of that.
22:10But what she needs
22:11to understand
22:12and I hope perhaps
22:13she's starting
22:14to understand
22:15is that you've got
22:16to watch your own reaction.
22:17You've got to be
22:18the self-regulator.
22:19And when you get arrested,
22:21that's on you.
22:21So it's unfortunate,
22:23but I just don't see
22:24a basis for legal liability.
22:25You know,
22:25people that have
22:26had tough lives
22:27don't often have
22:28good coping skills
22:29and good coping mechanisms.
22:31You know,
22:31he's taunting her too
22:32in a way.
22:32He kind of knows
22:33her sensitivities.
22:34I think that they've had
22:35good and bad relationships
22:36with one another
22:37throughout the time
22:38that they've lived together.
22:39And I think that he thinks
22:41it's a joke
22:41on some level
22:42because I saw him laughing,
22:43especially during
22:44the examination,
22:45both of you,
22:46because I was kind of
22:47watching him.
22:47But I don't think
22:48she has a cause of action
22:49for emotional distress
22:51under these circumstances.
22:52Unanimous.
22:53Yes, it is.
22:58Court is back in session.
22:59All parties are reminded
23:00that you're still under oath.
23:02We have deliberated
23:03and we've reached
23:04a unanimous verdict.
23:05Neighbor disputes
23:06are tough.
23:08And unfortunately,
23:09they won't end
23:10unless you change
23:11your behavior
23:11or one of you
23:12decides to move.
23:13It's just that simple.
23:15Ms. Clark,
23:16it was your burden
23:16to prove your damages.
23:18It was your burden
23:19to prove liability.
23:20And I think you got
23:21a pretty good sense
23:22from where we were going
23:23that you had no evidence
23:24that it was the defendant
23:25who did the damage
23:26to your car.
23:27Circumstantial.
23:27It clearly doesn't
23:28hold the day.
23:29So that charge,
23:31unanimous verdict,
23:32is being dismissed.
23:33The request for bail,
23:34the reason that you
23:36were arrested,
23:36is because you went
23:37outside with a baseball bat.
23:38You didn't hit him with it,
23:39but you went out with it.
23:40That's the reason.
23:40You got arrested,
23:41so you can't hold
23:42Mr. Tobin responsible
23:44for that decision.
23:45A unanimous decision
23:46on our part
23:47to dismiss that claim
23:48as well.
23:48And as far as
23:49the intentional infliction
23:50of emotional distress,
23:52it's just not even close.
23:53So all the charges,
23:55all your claims,
23:56all your counts
23:57are being dismissed.
23:58And we just really hope
24:00that you guys
24:00bury the hatchet.
24:01No more nasty words.
24:03No problem.
24:03You're a better person
24:04than that.
24:05I know.
24:05We do appreciate your time,
24:07but it is the judgment
24:08of the court
24:08that this matter is dismissed.
24:10Thank you, ma'am.
24:11Thank you, ma'am.
24:12This case has concluded.
24:13All parties are dismissed.
24:18I'm not happy
24:18with the judge's decision
24:20because this guy is terrible.
24:24No, that's not true at all, man.
24:26She just got issues for real.
24:27He needs to get a job,
24:29get a life,
24:29grow up,
24:30do something with himself.
24:31He's not doing anything
24:32with himself.
24:33Just mind your own business.
24:34He's taunted every neighbor
24:35up in that facility.
24:38She just would make
24:39like little sly remarks
24:40and get upset,
24:41you know,
24:42because I might like go home
24:43and be away from her.
24:44No, I don't,
24:45I don't see him like that.
24:47I'm too old for that.
24:48I don't have time for that.
24:49Man, pushing up on me,
24:51trying to get me drunk
24:52type deal.
24:52So, yeah.
24:53But yeah,
24:53we've had a cocktail together,
24:54but for as anything else,
24:56no, he's,
24:56he's,
24:57he's,
24:58he's,
24:58he's,
24:58uh-uh.
24:59Leave your bed at home.
25:01I plead the fifth.
25:03Got family drama?
25:04Let Tribunal Justice
25:06decide your case.
25:07Find us on social media
25:09at Tribunal Justice.
25:40We'll be right back.
25:41We'll be right back.
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