Boucher says he took his complaint to the HOA, prior to ‘losing his temper’
By Deborah Goonan, Independent American Communities
Updated June 19, 2018 10:00 P.M.
Rene A. Boucher has been sentenced to 30 days in jail, following his guilty plea for assaulting and injuring a member of Congress. U.S. Prosecutor Bradley Shepard had recommended a prison sentence of 21 months. Boucher’s attorney, Matt Baker, had argued for probation.
In his defense, Attorney Baker asked the Court to avoid sending Boucher to prison. Baker explained his client had endured the frustration of an ‘unsightly’ view of Paul’s brush pile near Boucher’s rear property line.
New facts of the case that were reported last week may be shocking to some readers. In the weeks leading up to Boucher’s blindside attack of Paul, the retired physician trespassed upon his neighbor’s property on two occasions.
First, according to court records and as reported by multiple sources, Boucher removed his neighbor’s brush pile stacked near the property line, having it hauled away in a dumpster. When another pile of brush appeared, Boucher entered Paul’s property again. He admitted to pouring gasoline on the brush pile and setting it on fire, burning himself in the process.
According to one report in the Bowling Green Daily News, Boucher discussed his concerns over the brush pile with the Rivergreen Homeowners’ Association (HOA).
Apparently, the HOA board wisely chose not to pursue the issue.
A few days later, Boucher admitted to ‘losing his temper’ when Paul proceeded to add additional brush to the exact same spot. Paul was mowing his lawn at the time, but had stopped briefly to gather up some stray branches. At that moment, Boucher tackled him from behind.
Paul spent weeks recovering from broken ribs and pneumonia as a result of his injuries.
Criminal charges were filed and, in January, Boucher entered a guilty plea in U.S. District Court. (See link below)
Simmering HOA neighbor dispute boils over
Soon after reports of the attack, the public speculated that Boucher’s assault was politically motivated. But Boucher and neighbors in Rivergreen HOA deny any political motive behind the assault.
Whether political beliefs influenced Boucher’s behavior or not, it would appear his anger-fueled attack was just another act of HOA violence directed at a neighbor.
And, that shouldn’t be too surprising. After all, a small minority of people buy into the HOA concept, with its picky landscape standards, with great enthusiasm. Some homeowners, such as Boucher, firmly believe that they should be absolutely entitled to control their neighbors’ behavior and private property, in order to ensure the highest possible property values.
The truth is, most homeowners aren’t inclined to measure blades of grass to see if they exceed required mowing height. Nor are they interested with making sure their neighbors paint their front door only an acceptable shade of beige. And they are certainly not monitoring the neighbor brush or compost pile way back in the rear portion of the yard.
But, let’s face it, a significant minority of HOA owners are absolutely obsessive about maintaining the “perfect” yard with an “unobstructed” view. For compulsive neat-nicks and self-appointed design-police, an HOA’s written rules simply feed their desire to control their surroundings, and, by default, their neighbors.
And, of course, these are the kind of neighbors that tend to report a long list of imperfections to the HOA board and manager. When the HOA refuses to take action to make a homeowner get rid of an ‘eyesore,’ the perfectionist often objects, and sometimes takes matters into his or her own hands.
In this environment, an unbalanced neighbor, one who is prone to aggression, is more likely to lash out.
The only bright spot in this saga: thankfully, Rene A. Boucher was not elected to Rivergreen HOA’s board.
Defense attorney in Paul tackling case makes pitch for probation
By JUSTIN STORY jstory@bgdailynews.com
Bowling Green Daily News
Jun 8, 2018Dr. Rene Boucher, who admitted guilt to a federal crime in a case involving the tackling of U.S. Sen. Rand Paul outside the lawmaker’s home, has formally requested to be placed on probation.
Attorney Matt Baker, representing Boucher, filed a 10-page memorandum Friday in U.S. District Court arguing that incarceration for the retired physician would serve no useful purpose.
Boucher, 60, pleaded guilty in March to a count of assaulting a member of Congress resulting in personal injury.
His sentencing, before Special Judge Marianne Battani, is set for June 15.
Special Prosecutor Bradley Shepard has recommended a 21-month prison sentence for Boucher, but Baker argues probation is more appropriate “based upon the rather unique nature of the offense” and several extenuating circumstances.
“Other than the isolated incident that is in issue, Dr. Boucher has been a pillar of his community, a solid citizen, a family man and a devout Christian,” Baker stated in his memorandum, which also stressed Boucher’s lack of a criminal history and his service in the U.S. Army and in the community as a physician.
…
“Dr. Boucher had discussed this situation with at least two members of the Rivergreen Homeowner’s Association throughout this relevant time frame,” Baker said in his filing.
A neighbor who tackled Sen. Rand Paul (R-KY) “lost his temper” over yard debris on the property line between their homes, a court filing in the federal case says.
The neighbor, Dr. Rene Boucher, is asking a judge to grant probation in the case. Prosecutors are seeking a 21-month prison sentence.
By Joshua Caplan, Breitbart
Jun. 11, 2018
A sentencing memorandum filed Friday by Boucher’s attorney said Paul repeatedly placed “unsightly” yard debris near the property line. On the day before the Nov. 3 attack, Boucher burned some debris left by Paul, according to the document obtained by the Daily News of Bowling Green. The next day, Paul placed more debris on the spot where the pile had been burned, it said.
Boucher, 60, has pleaded guilty to assaulting a member of Congress and is scheduled to be sentenced Friday.
Boucher’s attorney, Matt Baker, filed the 10-page document in U.S. District Court on Friday. A call to Baker’s office was not returned Monday. The filing argued that putting Boucher in prison would serve no useful purpose.
…
Rina Malmquist, the Rivergreen homeowners association president, told Breitbart News that the Paul family positively contributes to the community.
“I have been friends and neighbors with the Pauls since we moved to Bowling Green in 2001,” said Malmquist. “We have enjoyed being neighbors with the Pauls. Our children are great friends and we have made many happy memories with them.”
Read more:
Further Reading
Rene A. Boucher Plea Agreement (Jan. 2018)
And more information on the late Clarence Carson. https://fee.org/articles/the-property-basis-of-rights/
Here’s the source article for the quote:
http://www.foreconomicjustice.org/?p=8258
Deborah –
I am so sick of seeing these issues arise in HOAs.
They are destructing families and making neighbors “call on each other”. Yes, the city can do that, too (and often does), but what they don’t do is rush to take one’s home away. Further, in many city code issues, the playing field is somewhat more level.
I do not understand these issues, and for years, our grandparents lived amicably with their neighbors without all this disruption. A pile of brush in their time was nothing but “kindling” for reuse in garden, or home fire.
Instead of sitting by these fires in the company of neighbors, we are emboldened by the HOAs lengthy list of deliberately vague rules wherein (some) neighbors take great (sick) pleasure at annoying ine’s neighbor.
Enough of this! I hope for big changes in laws. It’s long overdue!
This quote is fitting in HOAs. Not so much about “values”, but subordinating another.
(This link no longer works, but it is where quote derived!):
What may start out as an effort to subordinate property ends up as the subordination of man
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