Hollister
– A local homeowner filed suit against an unofficial
neighborhood watch committee this month, alleging that the
anonymous group violated his civil rights when it sent him a
threatening letter shortly after he moved into a home near an
affluent community.
Hollister – A local homeowner filed suit against an unofficial neighborhood watch committee this month, alleging that the anonymous group violated his civil rights when it sent him a threatening letter shortly after he moved into a home near an affluent community.
Arthur Amarillas filed suit against the Oak Creek Neighborhood Watch Committee in San Benito County Superior Court on June 7 after members of the group “engaged in a pattern of annoyance, harassment and intimidation” including “watching (his) home … making false and inflammatory complaints to government agencies … and discharging firearms at or near his home,” according to the lawsuit.
Amarillas moved into the home, which is located on the outskirts of the Oak Creek neighborhood, earlier this year, according to his attorney Charles Nunley. Oak Creek is located off Airline Highway on Enterprise Road. A few weeks later Amarillas, who lives at the house with his family, received the letter, Nunley said.
“It’s really disturbing and should concern everyone,” Nunley said. “They could do this to you or me.”
The letter, a copy of which was obtained by the Free Lance, states that the group would contact law enforcement officials with its suspicions that Amarillas was engaged in “illegal activity” and that “illegal immigrants” lived at the home.
Sent, “anonymously from a group of 12 residents of Oak Creek,” the letter threatened that the district attorney, Hollister Police Department, San Benito County Sheriff’s Office, State Tax Board, Internal Revenue Service and state immigration officials would be contacted if Amarillas didn’t take down a black nylon fence he had put up on his property.
The group, according to the 1-page letter, took issue with the fence because it: “Indicates you have something to hide which causes us great alarm that some type of illegal activity may be being conducted besides it generally being an eyesore.” The letter continued, stating that if the fence was taken down the group would “conceder (sic) that you are a good neighbor.” It warned, however, that if nothing was done about the fence the group would contact the authorities.
Nunley believes his client’s race, rather than the fence, was the real motivation behind the group’s threatening letter. Amarillas is Hispanic.
“Because (Amarillas and his family) are new to the area and they have received this letter so soon after moving, there is no other apparent motive,” he said. “Clearly this group was motivated by something other than a fence.”
Amarillas’ son and grandson moved out of the house because of the incident, Nunley said.
“They were tired of wondering who was watching them every time they left the house,” he said.
Nunley is suing the anonymous group in hopes of getting a court order to force city and county officials to turn over the names of the people who complained about Amarillas’ home. He believes those people are responsible for sending the letter.
Oak Creek resident Rob Dewaard said he was surprised by the letter.
“This is a good neighborhood and I’m shocked,” he said. “We all know each other and are friendly. This guy’s got his own land and he should be able to use it.”
Nunley said he believes the letter and constant surveillance have violated his client’s civil rights. If he can prove it in court, each person involved in sending the letter could have to pay Amarillas up to $25,000 in damages, according to the California Civil Code. Nunley said the case wasn’t about money, but about making sure his client’s civil rights were protected.
San Benito County Sheriff’s Lt. Roy Iler investigated Amarillas’ harassment complaints in April, but said sending the letter didn’t constitute a criminal threat.
“We didn’t have a crime; it was a civil dispute, so we advised Mr. Amarillas accordingly,” he said.
Iler also said the community did not have an officially sanctioned neighborhood watch program.
District Attorney John Sarsfield said the case was concerning.
“This group is trying to intimidate Mr. Amarillas to make him move away because they don’t like him for whatever reason,” he said. “I think this is outrageous.”
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
