MR. CORRY: Yes sir, it's kind of like when I talked to you last time, I said that there might be some issues involving actual security. I've refused that job since then and I'm thinking maybe if we could like actually line up some mediation and actually give us a chance to talk. That might be a little bit more positive than me filing for permanent restraining order.
THE COURT: All right. Are you willing to talk to a mediator or through, I should say all a mediator does, a mediator doesn't issue orders, a mediator just helps you two talk to each other. You don't even need to be in the same room if you don't want to be in the same room. But we do have a mediator here this afternoon, or we did earlier, where if there's some solution you two can come to short of a hearing, the mediator would be happy to help you. I do have one hearing ahead of yours. So you're gonna have to sit around and wait a little while anyways while I take that hearing.
MR. CORRY: Sir all I can tell you is because of the job that I was being considered for at the time, I wasn't necessarily up-front with Mr. Neary it might have been necessary, I mean he and I definitely have problems and I've not lied at any point during this but I think since I've turned down this job, and now I'm going, other than the fact that if I say anything about it (inaudible) perjury charges. I'd just like to make this all go away.
MR. CORRY: Well I don't, because the people, the same people I was talking about in the security clearance and everything else said you really need to make it permanent, this guy sounds like somebody that could cause you a lot of problems so if we can't discuss this and can't get it worked out, then I do want the restraining order made permanent.
THE COURT: And I'll go ahead and call the other case and that's Corry versus Neary, 03C10897 and Mr. Corry, you can remain standing. Raise your right hand. Do you solemnly swear or affirm under penalty of law the testimony you're about to give shall be the truth, the whole truth and nothing but the truth?
THE COURT: All right then describe the incident or incidents to me that cause you to believe that you were assaulted or threatened with bodily injury and that caused you to believe that you'll be threatened or assaulted in the future without a restraining order, giving me approximate date, times and places.
MR. CORRY: Well sir to begin with on the day the restraining order was served, I drove by Mr. Neary, he was standing in his parking lot and if you remember I told you that I did have to drive by his house to get by there and that I was okay with that. As I drove by him and he was standing out there, he sat there and did this number if I drove by him and that's when generally the level of maturity (inaudible) beginning of this.
In the beginning of this whole incident, he had come down to my house and his dog had gotten out of its enclosure and attacked my Weimaraner and he was quite angry because my Weimaraner's substantially larger than his dog and his dog always ends up on his back and up until the very last time, nothing had actually happened to his dog but he came down and explained to me that since people have been complaining that his dog was barking constantly, he was telling everybody that since my dogs just roamed around that was the reason his dog barked all the time.
And actually since I had animal control call me this morning, actually a few of the other neighbors are irritated by that too and he's gonna be served with a nuisance dog ticket this afternoon. What, and it's been basically that whole thing. Every time his dog's gotten out and come down to my yard and attacked my dog, he's tried to start a fight with me on each incident.
The first time I wasn't actually trying to get any kind of job but the second time I'd been contacted by some people because I served in a special operation's (inaudible) unit (inaudible) and actually there was just an article in the Colorado Springs Gazette talking about my old unit as well as (inaudible) CIA (inaudible) and the Army (inaudible)----
MR. CORRY: On that day, he actually didn't do too much. He talked to me, he told me that he, the person, he lives in a duplex, and the person that lived above him had complained and we actually share the same parking (inaudible) service and he had told the people that had been complaining about his dog barking constantly that it was the fact that my dogs run around that his dog barked. And sir, I mean, honestly nobody in the neighborhood believes him. It was, I mean as soon as I told people that he, he (inaudible)----
MR. CORRY: No sir not that time. He just simply said that he'd been telling everybody that it was my dogs that caused his dog to bark all the time and I didn't particularly appreciate that because it could cause me problems.
MR. CORRY: Sir he came down into my yard and said hey if you don't do something about your dog I'm gonna take care of it and about that time somebody shot my dog in the butt with a BB gun so I'm, I just, I mean I have absolutely no evidence to support this, but I've never heard anything bad from anybody else. Obviously I assume that Mr. Neary's the cause of that problem but again I have no proof of that.
And the third time was actually the worst. He had his wife down there, he came down, he was right in my face I mean no less than six inches. Had I been active duty in the marine corp, I would have assumed that was assault. I mean when we went through, when I was in the marine corp we did civilian drug addiction----
MR. CORRY: Yes sir his dog came down for the third time to attack my dog in my yard and actually he'd also told, after, on the first time, he'd also told me that he was going to call animal control and tell animal control that my dogs had tried to bite his children and all kinds of other good stuff.
And each of the four times, I called animal control and said, you know, explained the situation, said I don't wish to file charges, I've got other things going on, this does not need to turn into a giant problem between two neighbors. I mean it's gonna cause an issue, which it has. And apparently animal control will just take notes for the day, but they do not keep records unless you file charges. And by the time he called my dogs for running large, I told animal control said hey look in your records, I've called you guys four times to tell you this and they're like we're sorry sir we only take notes if you file charges.
MR. CORRY: Well sir at that point I actually went out, I smiled at him, as I told you before, went out, picked up my golden retriever, brought her inside and he was banging on my front door with both arms yelling bitch don't turn your back on me you little bitch. Don't turn your back on me. And his wife was standing out here yelling Ron no, Ron stop, Ron no.
And to me sir at that point even if I'd been on active duty acting under the (inaudible) I would have thought there was substantial reason to use deadly force to defend myself at that point. I mean it was not a small thing sir.
MR. CORRY: No actually that was the third time, oh the fourth time was basically the same as the first two, he was just basically hyper aggressive and I went inside to shut the door and the fifth time would have been the time that I came in to file the restraining order and I told you other than the fact that the same time he came down to my house after I told him to go home, he was standing in the middle of my driveway making like binocular goggles with his hands and it's, sir at this point I was trying to, I mean, the job I was going for at this time sir, you don't apply for that job. I mean they call you and they ask you. And I'm not gonna throw all that away, I mean I may not necessarily agree with the politics behind that job and that's why I refused the job, but I'm not gonna throw all that away.
MR. CORRY: No sir, it's been mainly like a juvenile high school student and I'm not trying to be (inaudible) here but I, honestly I've never dealt with somebody like this before. It's, and sir I've held incredibly high security clearances and I was in the marine corp (inaudible) I'm not gonna stand there and lie.
MR. CORRY: Yes sir. His dog came onto my property to attack my dog. Then because his dog got out and since I don't have a fence around my yard and since we've checked, they said that we're not allowed to put a fence up there because it interferes with elk migration and I've tried invisible fences around the property but the dog, the husky just falls asleep on the damn thing and she ended up with two holes in her neck where the shock had burned her and she was just laying there. And I tried the, another great idea, okay things aren't working so I stuck my hand (inaudible) sir. So I mean we've tried to do something and with the exception of the husky, the other dogs do not leave the yard.
I mean occasionally the weimaraner, if there's a female in heat, he's an attack male so he will get out and go places. But other than that sir, I mean, I've brought Officer (inaudible) looked at my dogs. I mean when they're under verbal command they obey on the first command every time. I have certain standards sir and I'm not gonna, it's, I've never dealt with this and honestly if I had not been trying to do what I was doing at the time, I could have probably made the (inaudible) but every time I've asked for mediation or anything else he's refused.
The one time I went to his house to talk to him, he was belligerent. It's, I don't know what to do sir. I mean the people that were interviewing me for this job told me okay you need to go get a restraining order if he continues, (inaudible) various civil suits you can file against him.
And I've got (inaudible) the last time his dog attacked my dog, my weimaraner was (inaudible) cause he gets cold in the wintertime and it's got a huge rip all across right in here on the dog where his dog had attacked my dog. And actually that time, before I could get my shoes on, he came down and just grabbed a hold of both the dogs and actually ripped them apart. (Inaudible) had a hold of his dog right about here. His dog started bleeding out of the eye, and a bunch of other stuff and then he was truly, I mean he was belligerent but my best friend was standing there and he's about 6'4" and had four scholarships to (inaudible) schools so Mr. Neary wasn't nearly as brave as he usually is and I don't know what to tell you sir.
I give you my word of honor as a United States Marine that what I told you is the truth sir. And sir, so far as the deadly force, when he was beating on my door under our rules of engagement, under the (inaudible) I would have been fully within my rights if I'd been on active duty to shoot him dead where he stood. So this is, I just want to avoid all this. I mean I don't want any part of this, I'd just like to go back and live my life. And if he's moving, that's great. But I'm not gonna leave him with 25 (inaudible) to get me in all kinds of trouble. Cause I'm assuming if I go in front of county court for using deadly force----
THE COURT: All right would you please stand and raise your right hand. Do you solemnly swear or affirm under penalty of law the testimony you're about to give shall be the truth, the whole truth and nothing but the truth?
THE COURT: Mr. Corry's made allegations that on five separate occasions you came on his property after, his claim is that your dog attacked his dog so let's first go to those five claims. What's your response to that?
MR. NEARY: There's a (inaudible) built there today while I was at work and that would be what it looks like. First I'd like to thank Mr. Corry for his service to our country but he, he doesn't realize that he lives in a civil society where neighbors ought to communicate. They ought not to go into the house and hide.
It's also my understanding that in Jefferson County, dogs are either to be leashed or penned. There are two options. He's complied with neither. His dog has attacked, in that yard there are approximately at any given time ten children playing in that yard, that common yard. His dogs run wild every day. They've jumped on the children, they've knocked them down. I've gone to his house and I stand up the hill from the, from the home and I tell him quite sternly that he needs to take appropriate steps to satisfy the dog at large problem.
MR. NEARY: One day, now I used to live years ago in the house nearest to Mr. Corry's house. And that driveway is used as an easement, there's a path where the children go up and down that hill to get to the school bus. It's a shortcut for the neighborhood. One day I was coming home from the Evergreen Fitness Center and I've used that shortcut. He was standing on the front porch taking to a neighbor. I was walking up the driveway, the weimaraner attacked me, he didn't bite me or anything physical but I fell on my back and he virtually did nothing. He said come here puppy, whatever his name is. The dog came back. That was one of the first two incidents I've had with Mr. Corry.
The time my dog got out of the, oh by the way, his dog roams at large and he had a litter with another neighbor of mine, he was my first baseman on my softball team. Now it's my understanding that there are approximately 60,000 dogs born each year and only 30,000 are wanted. You know if you have a dog roaming around the neighborhood Lord knows how many dogs he's impregnating and how many unwanted animals are out there.
I told Mr. Corry that after my dog got out of the pen, he ran down, let me back up. My dog pen is approximately 100, approximately 150 square feet. I built it within the first week of my living there. His dog roams the neighborhood, every morning he lets him out to go to the bathroom. He goes, his dogs, three of them I believe, go to the bathroom in that common play area where all the kids play and my children, my kid and the neighborhood children go home with feces on them constantly.
The day when my dog got out, he started to fight with the weimaraner. I did yell at him, I used profanity. I told him that, you know, had his dog been leashed or if he had a proper pen that might not have happened. He then told me that he was in the Marines and I should watch myself. I perceive that as a valid threat and then I did call him expletive, expletive, expletive and I suggested that he come out and talk to me like a man. He just ran in the house, shut the door and that was it. I went home. A few days later, he came over to apologize to me. I accepted his apology gracefully. I thought things were, he said he had just lost his job and times were tough and he was gonna take the proper steps to make sure his dog does not roam the neighborhood, get into my dog's pen, eat my dog's food and we wonder why my dog barks at his dog constantly. The dog is in my dog's pen eating my dog's food. He runs around in my dog's pen and taunts him. My dog's caged. It's natural that the animal is gonna bark at the dog that's free. Short of cutting his voice box out, I don't know what to do. I've tried bark collars, three of them, none of which worked.
When he told me he was in the marines I said something to the effect like I don't care where you are, where you've been, I'm from New Jersey and that's what he perceived as a violent threat. I never banged on his door with both arms. I don't own a BB gun. His dog once, he has a husky too I believe or it might be one of his roommates, it lives in his house though. One day he was scratching on my door. I love animals, I would never harm an animal. His dog, I don't like Mr. Corry, but his dog was in my house during a rainstorm for about two hours. I got in touch with his roommate's mom who had to come and get the dog, I didn't harm the dog, I fed the dog, I gave the dog water, didn't even get a thank you from him then.
Again, I, just last week, or two weeks ago, the most recent incident, I'm having my coffee on my deck, his dog defecated in the common yard, I had enough, I went down to his driveway, I stood where that one asterisk is, I told him, I asked him if he was gonna come pick it up and what did he do, like the brave man that he is, he went back into his house. Then I went down the driveway again to try and get a view of his address so I could call animal control because they need an address and that's why I was doing this motion. He came out and he said stuff and regarding the other incident where my dog got a puncture wound above his right eye and cost me $80, excuse me $70 at the vet, and by the way the dog bit me when I was separating them, his dog, his roommate came out, who doesn't own any of the dogs, as far as I know, he came out and he said why don't you go home bitch before you get hurt. And that's when I invited him to come down the hill and see how tough he was and then he went back in the house. And yeah, that's about all I have to say. He said he was going to take steps to leash the dog or pen the dog and he never has.
MR. CORRY: And sir I just want to show you this because again (inaudible) drug and addiction (inaudible) definition of deadly force (inaudible) and so when I say deadly force that's exactly what I mean.
MR. CORRY: Sir, okay, I'll (inaudible) the house that's drawn at the bottom here, should be more commonly placed about right here. Now the people that live in this house, both of them, buy dog biscuits for my dog, that's why they go around their house.
About all I can say for the rest of it is sir is it's, I told you everything that happened sir and (inaudible) but it's not a lie and at no point in time (inaudible) do anything involving government work here especially back where I did in the marine corp. Why would I possibly go and try and start a fight with my neighbor. I mean there is no possible way that you like chalk up like an unreliable person in getting in a pissing contest with your neighbor and everything I've done in my life has been the Lord's, something that was halfway decent.
I mean I'm not necessarily proud of everything I've done in the Marine Corps, but I never, ever gone out of my way to start a fight with somebody. It's, I mean I would not of ended up in the unit I was in if I was just irresponsible. (Inaudible) you're behavior will have a direct effect on the whole policy of the United States of America, behave accordingly. And if I can't get along with my neighbor or at least try and get (inaudible) contest how would I ever get into the first and sir to point out my father's name is Dr. Charles Corry, he's listed in (inaudible) America and every (inaudible) publication there is. You can look him up in any public library. I grew up knowing the (inaudible) metal detector, I've known people that hold the Nobel Prize. Why would I possibly, I mean this is like (inaudible) behavior sir. I would not do this.
[Ed. note: sua sponte , Hoppin's practices law from the bench as Neary has not requested a restraining order against Corry. As Hoppin specifically states, the restraining order against Corry is based solely on the basis that he was in the United States Marine Corps.]
THE COURT: Well I don't need your additional testimony. What I'm gonna do in this case is I'm going to extend the temporary restraining order. I'm gonna make it a mutual temporary restraining order for 45 days. It will then expire. I can tell from the level of animosity and emotion that's been presented by both of you here, and based specifically on the testimony of the defendant that the plaintiff told him at one point that he, the plaintiff, was in the Marines [emphasis added] and he, the defendant, should watch himself as well as the plaintiff's roommate making derogatory comments that the Court finds there are also grounds for a temporary restraining order in favor of the defendant against the plaintiff.
I'm going to therefore continue the restraining order prohibiting the defendant from contacting the plaintiff or coming within 100 yards of the plaintiff except through attorneys for 45 days and I'm also going to amend that restraining order to prohibit the plaintiff from going onto the property of the defendant and neither shall come within 100 yards of the other unless passing by on the road as is necessary for ingress and egress to their property.
MR. CORRY: Oh sir I do have one problem with this. Actually one of the things my father does is domestic violence, he's president of the (inaudible) foundation and he's been on Fox News, CNN as well as 20/20 for this. And it's, I've done nothing, I mean because of the security clearance I was trying to get, I did nothing to antagonize this guy. I've done----
MR. CORRY: (Inaudible) the fact that I've had contact with him exactly one time outside my yard sir I don't think it's gonna be like all that likely that I'm gonna go try and pick a fight with him from here on out.
MR. CORRY: Sir all I can tell you is my dogs go to work with me everyday. I mean and I do pick up my dog poop because it happens (inaudible) the house I work at. And to be (inaudible) I'm somewhat flabbergasted by this entire thing and I'm definitely going to be filing some complaints here.
THE COURT: All right, this restraining order shall expire on August 23rd, 2003 at 12:00 noon. And I have a place for each of you to sign, just acknowledging receipt of this and then the plaintiff can leave first after getting his copy. Defendant needs to remain five minutes after. You need to go over there sir, she'll give you a pen if you don't have one to sign it. And then she'll make you a copy after the defendant signs his copy or signs the copy and then you can leave and then the defendant can leave five minutes later.
I, Cheryl Carey, District Court Division Clerk, Jefferson County Court, do hereby certify that the proceedings in this matter were taken by a mechanical recording device; that I thereafter typed the foregoing official transcript from said mechanical recording device; and that the foregoing is an accurate record of the proceedings in this matter on the date set forth.