Spokane7
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April 17, 2009 in City
Couple want backyard back
Homeowners say ‘squatters’ in garage are uninvited, unwelcome and immovable
The Bains’ garage has room for two vehicles. It also includes living quarters.
(Full-size photo)(All photos)
When people Don Bain didn’t know took up residence in the garage-slash-apartment in his backyard a couple of weeks ago, he thought he’d be able to have them thrown out.
He didn’t figure the police would side with the “squatters,” as he calls them. He didn’t expect that after installing new locks to keep them out, he’d be asked by an officer to open the doors and let them back in. He could not have predicted that, on another occasion, the police would allow the people to break a window to get back in, he said.
Bain and his wife, Peggy, feel trapped in their home, with a rotating cast of people living in the large detached shop that sits several yards from the back door of their house. An eviction case is proceeding, but it probably won’t be concluded for at least two weeks.
Meanwhile, the police have been to the Bains’ home on North McCabe Road in Spokane Valley 10 times in recent weeks for various reasons – the Bains complaining about the tenants, the tenants complaining about the Bains – and several of the parties involved have taken out restraining orders against one another.
“We’re both 81 years old, and we wanted all our lives to have a nice home,” Don Bain said. “We lost control.”
The police say the case falls under the Landlord-Tenant Act, because people moved into the shop at the invitation of Peggy Bain’s son, and a court order is needed for an eviction. The Bains’ attorney says it’s a case of trespassing or burglary – no lease was ever considered, no rent paid, no permission of any kind granted by the property owners – and that police should have moved the people out.
“This seems to be very unusual,” said the attorney, Pete Schweda. “I’m surprised the (Spokane Valley) Police Department didn’t do something about these people. … If you follow the logic of the Police Department, they can bring anybody on that property they want.”
Moving in
The problem dates to last fall, when Peggy Bain’s son, Skippy Ray Davis, moved into the shop with the Bains’ permission. The shop has room for two vehicles, but it also includes living quarters. Davis and a woman who identifies herself as Susan Pierce lived there; they got a lot of nighttime visitors, had a lot of parties and tore up the Bains’ lawn driving in and out, the Bains said. They weren’t happy about that, but Davis was there with their permission.
Then Davis was arrested and booked into Geiger Corrections Center on April 1 for failing to pay fines associated with convictions for drug possession. Pierce and several others kept living there. The Bains say that the others never had their permission to move in – they didn’t even know them – and that they’d made it clear to Davis that he wasn’t to have other people in the garage.
It’s unclear how many people have lived there during the subsequent weeks. Pierce has been the most consistent resident, though at least three others have lived there at different times, and perhaps more.
“They don’t have any business here,” Peggy Bain said. “They don’t.”
Attempts to contact Pierce for comment were unsuccessful.
The Bains and a neighbor who witnessed their initial efforts to have the people evicted say police officers went out of their way to tell Pierce she had rights as a resident and couldn’t be removed without a court order.
“They were ready to leave,” Don Bain said. Then, he said, one officer told the woman, “ ‘You’re a squatter. You’ve got rights.’ ”
Bain said the officer repeated that two more times. “He said, ‘You can live here the rest of your life until the court throws you out. …’ ”
“He didn’t need to say that.”
When Pierce produced a piece of mail addressed to her at the shop, it established her residency, and meant it would take a court order to have her removed, police said.
Lt. Stephen Jones, of the Spokane Valley Police Department, said he sympathizes with the Bains and others who find themselves in messy civil disputes over residency. However, he said, the law protects people from being thrown out on the street suddenly and without good reason – and so people who have established a basic level of residency can’t be evicted without a judge’s say-so.
He said the department is doing its best to deal with the situation, which has included a few days with more than one visit to the Bains’ home. The Bains complained about the “squatters” – who later complained when they were locked out. The Bains complained that Pierce was knocking and hollering at their doors one night – then Pierce complained that the tires on Skippy Davis’ truck were slashed. And on and on.
“To say we’re not doing anything – we’re responding and using up a lot of our time and valuable resources,” Jones said.
‘No rights’
Schweda, who has represented many landlords in eviction cases, said police shouldn’t consider this a typical landlord-tenant dispute. There never was any formal rental agreement or permission granted. And even if Davis was considered a primary tenant, who could invite in others, now he’s gone.
“If he’s in jail, how can he say, ‘Hey, anybody that wants to can come over here’?” he said. “Skippy’s friends are just coming and going at will.”
In the two weeks since the Bains’ first attempt at eviction, Pierce has drawn up a sign with her name and an address – an incorrect address, as it turns out – and hung it on the fence to the Bains’ backyard.
She disappeared for several days, the Bains said, and at Schweda’s advice Don Bain changed the locks. When Pierce returned, she called the police, who told Bain to let her back in, according to the Bains and a neighbor, Scott Gorman. Another time, when the people living in the shed lost their key to yet another set of new locks, they called police and accused the Bains of changing them again; an officer escorted Pierce to a window and let her break it, according to the Bains and Gorman.
Jones said that until the eviction is final, Pierce has residency there, and the Bains can’t lock her out.
Gorman said the people living in the shop are making life hell for the Bains – his neighbors of more than 17 years.
“These people just come and go all hours,” he said.
“If they’re not related and aren’t wanted by the property owner, I believe the sheriff ought to be able to escort them off. It’s trespassing, in my opinion.”
Now several of the parties in the dispute have restraining orders against the others, and an eviction hearing is set for April 29.
If the Bains prevail, a sheriff’s deputy will come to their home a few days later and do what they were hoping for all along – kick out the people Don Bain considers squatters.
It will have taken more than a month and cost him $1,500.
“We have no rights as homeowners,” Don Bain said. “I can’t sleep at night worrying what’s going to happen.”
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rickhof on April 17 at 7:43 a.m.
What about the rights of private property owners? Looks to me like the Spokane Valley police have gone out of their way to step on these rights. The department needs to go back to school and take a course in American Common Sense.
Ninch on April 17 at 7:53 a.m.
Since there was no exchange of money or barter for living in the garage, ergo NO contract… I cannot see how the Landlord-Tenant Act applies to this case or any squatters. I agree with the attorney that the Spokane Valley Police are WRONG and am curious why they are helping the squatters, who can get their own lawyer if they truly believe they have a case. Sounds like they also owe the owners a new window as well as utility costs.
Additionally, the garage may not be a “legal” residence by zoning (e.g. unrelated persons living in a second nonconforming residence) as well as I bet that garage apartment is not even close to being up to code for residential living (aka life-safety issues). In either case, the CITY can (and is obligated) to make the occupants vacate the premises. After the owners get their uninvited tenant(s) out, I advise them to make a claim to the City to cover their costs and damages. Very simple to do. Just ask them for a claim form, and do not let them deny you the form, or bully. Also cut the son completely loose.
fbhkymom on April 17 at 9:01 a.m.
Unbelievable. This couple should be enjoying their retirement years. I’m sure the Bains worked hard all of their lives for this property and all they want is to sit back and relax and enjoy it. If anyone out there is interested in joining together to do an “extraction” of the Bain’s “rodents”, I’m in! SVPD, pull your heads out! It’s not up to a patrol officer to offer legal advice to a person during a call. Shame on you. Good luck, Mr. and Mrs. Bain. Hopefully, this will be over soon. And if you don’t already have a gun of some sort, I would advise arming yourselves. These vermin may not want this to end even after they’ve been kicked out. My prayers are with you.
amorgan on April 17 at 9:28 a.m.
Wow.. that is amazingly pathetic. I can only hope and pray that the Bains get a judge with more brains and common sense than the Spokane Valley Police. SVP, go back to pulling over everyone and their mother on the freeway like you’re really good at doing, and treat the Bains as you would treat your own mother and father.
Jimmy on April 17 at 9:31 a.m.
Un-fricken-believable! What idiot police officer would sanction destruction of property to let a homeless druggy into someone’s home?! Maybe he’s getting some kickback? I would definitely sue the city over this one not just for lost rent but for stress caused.
What are the PD going to do next, kick the Bain’s out of their home and make it a crack house?
MOLLY on April 17 at 10:45 a.m.
This is beyond ridiculous, anyone reading this who is not appalled? I want to go over to this home and evict these losers myself.We as a community should be over there defending these elderly folks from obvious exploitation by their deadbeat son and his “friends”.Lets stand watch over them 24/7 and report any wrong doings until they leave.Shame on our police department for defending this behavior I want the officers address who condoned this so I can pitch a tent in his yard and have my mail delivered there,late night raves,port a potty on the lawn…get the idea, get a clue!
misjustice on April 17 at 10:53 a.m.
Aww, come on guys……. Those of you that voted for Obama seem to forget… . He said to “Share the wealth!”
He promised to give everyone a home & money. It’s different though when he’s giving them YOUR home & money, huh.
mikewsu on April 17 at 11:17 a.m.
Gramma: Quit trying to tie everything to the president, I’m guessing you didn’t vote for? WHAT DOES THIS HAVE TO DO WITH OBAMA? Nothing. GET. OVER. YOURSELF.
As for relevant discussion: I’d say the homeowners should allow me to squat in their property too. I’ll be sure to annoy the heck out of the other squatters and problem solved. All legal in the eyes of our FINE police forces.
scottwren on April 17 at 1:55 p.m.
hey I just wanted to say My name is Scott Wren i live on valleyway and i just recently lost both of my grandparents and they have worked there asses off for the house i live in and ive lived in ths neighbor hood my whole life and i think this is messed up were are there rights there trying to live there lifes and these dumb tweekers are invating are hood we need to get this block of valleyway to geather and protect our familys and are precious children from these drug losers please its up to us as neighbors to come togeather and look out for eachother for god for us and are children they are the inoccents exposed to these people on this block anyone feel free to conact me 217-6193 please lets do this togeather.
monarch on April 17 at 2:25 p.m.
You can’t have the police be judge and jury. That’s why they’ve left it in the hands of the court. Unfortunately, there have been cases in the past where unscrupulus landlords used law enforcement to illegally evict tenants saying they were “trespassers”. Under Washington law the only way a tenant can legally be evicted is by court order. Thus, the police got in trouble for assisting landlords in illegal behavior. I fill sorry for the owners, but after all aren’t they the ones that are ultimately responsible, and made the bad choice, by letting thier son with the criminal record move into the unit.
tallt1924 on April 17 at 2:35 p.m.
I have to compliment the Shawn Vestal of the Spokesman review on this story. They did a good job stating the facts. These people worked their whole lives to earn their retirement. And now can’t go outside of their own home. For fear of retaliation. Peggy we are going to get your yard back one way or anouther……….So you can’t get back out and do what you love to do……..PLEASE POST A COMMENT ON HERE WITH YOUR THOUGHTS. IT IS EASY TO SET UP AN ACCOUNT…..
growl92 on April 17 at 3:05 p.m.
this is stupid, but easy problem. Let them rent the place to the neighbor or other family member and by law they have written lease for the property and legal means to secure it. Thus allowing them to remove the squatter. If the law is clear, use it. If people want to play games, so play them too, but under your own rules.
RJTJ on April 17 at 3:12 p.m.
Why don’t you fill the garage up with cars, lawn equipment, chemicals, paint buckets and whatever it takes to make it extremely unpleasant for the squatters to even be there. Fill up the living spaces as well. Or invite someone else to “live” there for a couple weeks to keep the scum from becoming too comfortable.
The useless cop who is helping the squatters like this should lose his job completely. What ever happened to “serve and protect”? Sue the city for any and all losses including your own peace of mind. If the cops want to make an example out of you then do the same right back to them.
Maybe someone can loan the Bains a rottweiler for a couple weeks. If you have to prostitute the law in order to have “rights” then you are not worthy of having those rights to begin with.
Don’t worry, the methheads will be gone soon. Good luck!
boogiesan on April 17 at 3:42 p.m.
I can’t believe this. The system is allowing this to happen and nobody (police or judicial) is bothering to see that it is not a landlord dispute thing. Are they such idiots they can’t separate a real dispute from a common trespass situation. My God, they should not have to wait until the 29th for a hearing — they should be #1 on the docket and the city should reimburse them for all expenses, since it was a city cop who convinced the trespassers to stay.
nslopeofw on April 17 at 4:39 p.m.
The police will not do anything here, but if you even look like a druggie in a store, they’ll beat the cr*p out of you, hog tie you, and suffocate you, then try to cover it all up. Seems a little weird, don’t it?
WashingtonNative on April 17 at 6:10 p.m.
I’m a native of the Spokane area now living in Asia for business purposes. I keep tabs on how things are going via the internet and have to say that the Bains’ situation is one of the most pathetic stories I’ve ever read. It’s obvious even from halfway around the world that the SVPD is manned by a bunch of world class incompetents who deserve to be turned out on the streets and replaced by citizens who clearly know the difference between right and wrong.
Editorial_Response on April 17 at 7:48 p.m.
I’ve got five cops in my family, here in Illinois and for the most part they all seem to know right from wrong. They would have removed the fools that would not leave. They certainly would not have gone out of the way to make it known they could stay until evicted by a court of law.
But the West coast, Washington, California and Oregon can in some ways be the most liberal or socialist regions in the United States. This looks to be the case in this instance.
It looks like the family is screwed. The only way to fix something like this is to change the local court system and police department.
In a way, I hope that this happens more frequently to others on the West coast as a lesson to what liberal and socialist courts and police can do to your lives.
It has to start somewhere, sometime so it may as well be here and now.
gigaman on April 17 at 7:50 p.m.
Serves you right for naming your son ‘Skippy Ray’.
tallt1924 on April 17 at 10:46 p.m.
Did i hear Lt Stephen Jones say current resident gave permission? Don and Peggy Bain are current residents of the property. . Skippy Ray Davis is a current resident of geiger correctional. So if he invites you to come there the law can’t make you leave?????????He no longer has ties to the Bains address. HEY SHIPPY INVITE ME SO I CAN EAT FOR FREE. HAVE BETTER LIVING THEN LOTS THAT WORK HARD FOR A LIVING. WHERE THE HELL IS THE JUSTICE IN OUR COUNTRY FOR THINGS LIKE THIS TO HAPPEN???????????????????
My god our country is falling apart and good people like the Bains have to suffer because the police can’t do there job????
tallt1924 on April 18 at 12:00 a.m.
OH BY THE WAY GIGAMAN YOUR AN IDIOT!!!!!!!!!!!!!!!!!!!!!!!
ejames on April 18 at 12:21 a.m.
They named the Kid “skippy ray.” How did they think this is a good idea, they obviously make poor decisions.
They invited their druggie son in and he in turn invited his girlfriend in. They invited a criminal element in and all potential problems associated with that.
The law was written so that if a boyfriend has lets his girlfriend in he can’t break up with her and throw all her crap out the window. He would have to get a proper eviction notice and not just throw her out every time they have a fight or breakup. This is to protect police and citizens.
These people can’t seem to understand that the police are not there to deal with their poor choices letting junkie son in, letting junkie girlfriend in, naming their kid Skippy Ray. You can’t call the police every time you do something dumb.
The police do not make the law and you can’t fire them for enforcing laws they did not write. The officers should not be fired cause they won’t carry out an illegal eviction.
tallt1924 on April 18 at 12:40 a.m.
Ejames. he is not a kid he is 55 years old. You have to realize that . He is an adult. You have to relize these people have rights to>>>>>>>>>>>> Skippy Ray was born in the 50’s. Everyone thinks he is a kid…………His name comes from the 50’s This is 2009 we need to fight this. Send me you address. I will move in on you. Bet your mom would not like a meth head in her yard?????????????? Would she??????? Come on James be with us or against….. We need a new home whats your addresssssss. I will show you how easy it is for a druggie ti live with you!!!!!!!!!!!
tallt1924 on April 18 at 12:42 a.m.
Hey i know better than most what or cops have to go through in the line of duty…..I have seen it i have been there………..
Coldfusown on April 18 at 7:19 a.m.
Making correct decisions is part of “the line of duty” Scott. Don’t feed us that garbage. This issue is clear in all reasonable peoples minds. The SVPD are a bunch of incompetent idiots. According to the article, they have been called to the residence 10 times? It should have only taken one call and I am sure we can assume it was not the same officer on every response, therefore I think we can conclude that a majority of the police force are handicapped in some way. Pull your head out of yourself and try and place yourself in the Bain’s situation. How would that make you feel? I know I would wanna start hurting people, but of course I would not.
diana29666 on April 19 at 6:24 a.m.
I was just sent a link to this story from my paretnts. Don Bain is my Uncle, this story has me so upset I could scream!!! I wish I wasn’t 3000 miles away, My Bronco would be parked in his garage running!!!! These are the nicest people you will ever meet and my Uncle has worked hard for what he has. I can’t believe this police department, if that officer was so worried about those people, let them move in to his house! I have sent this link to everyone I know, including our local news. Everyone has the same reaction……This is not right!!!! And to my Uncle…..You fight Uncle Don, you have more people than you’ll ever know in your corner!!! Including the entire state of South Carolina.
Emeraldwolf on April 19 at 12:48 p.m.
I lived in Spokane my entire life until 1995, but not far for the next 5 & 1/2 years. Now settled in the the far north, and reading this tragedy brings back the memories of how badly Spokane police can screw up the most simple situations. That the officers cannot use their common sense and reasoning for this situation does not surprise me. This elderly couple should not be made prisoners in their own home. In effect that is what the police have allowed to happen. This is NOT the time of the old west. This is 2009, and the elderly have lived their whole life and deserve the peaceful times. They do NOT need to be victimized by the lunatics who have taken up residence because they are to lazy to get a job, and squat on somebody elses property. Now their being victimized again by a system that ARE PAID TO PROTECT AND SERVE THEM. Shame on the law enforcement that can’t even do their jobs that they are paid to do! I watched for years the city I grew up in change, and that’s exactly why we left….disaster in the making…and evidently things still haven’t changed over the years…..I hope the Bain’s get the their home, peace of mind and this isn’t going to be a long drawn out battle of stupidity on law enforcements part. I have a sad feeling that this will get worse before it gets better. The Bains need to start taking names of the officers that have FAILED, and keep documentation for all future contact with both the squaters and the Spokane Valley Police Department. That documentation will aid them in furture if this does not get resolved in the near and dear future. Shame on law enforcement….you have definitely dropped the ball on this one. I hope you proud of the job you have done, and you can rest easy in your own homes at night. Because these very nice people sure as hell are NOT.
tallt1924 on April 19 at 11:40 p.m.
Hey to all the people that posted……….I do agree about the SVPD Not doing the right thing. Don and Peggy are by far the nicest people i have ever met. And do need there yard back. It is going to cost to make repairs and fix the yard. If any one has a backhoe or bobcat we can use or you operate. The gass that was ruined needs to be removed and gravel put in…Or new sod. Contact me at tallt1924@live.com. If you can Help Thanks
karebear29 on April 20 at 9:40 p.m.
WOW…SPD…CONGRATULATIONS!!!! YOU SHOOT INNOCENT PEOPLE, YOU LIE ABOUT IT ON THE STAND AND YOU GET OFF SCOTT FREE. YOU ARREST A MAN FOR ACCIDENTLY INJURING HIS SISTER WHO LATER DIED FOR WHAT? YOU TRY ARREST ONE OF YOUR OWN SHERIFFS THINKING HE WAS TRESSPASSING IN BACKYARDS, YOU NEVER APOLOGIZED, YOU TRIED TO FIRE HIM, HE HAD TO RESIGN AND NOW YOUR ALLOWING HOMELESS DRUG ADDICTS LIVE IN A PLACE FOR FREE. I PRAY TO GOD THAT THOSE FEW OFFICERS THAT DO HAVE A BRAIN PAY ATTENTION….LOOK AT HOW YOUR “FELLOW” OFFICERS ARE TREATING THE COMMUNITY, IF YOU HAD HALF THE GUTS AS YOU SAY YOU DO, YOU WILL ACTUALLY STAND UP FOR WHAT THAT SHINY BADGE THAT YOU PLEDGE YOUR ALLEGIANCE TO AND HELP MAKE OUR CITY A BETTER PLACE. I KNOW SEVERAL STATE PATROL AND CORRECTION OFFICERS WHO HAVE STATED THAT THE SPD IS ONE OF THE WORST IN THE STATE OF WASHINGTON…I’M STARTING TO BELIVE ITS TRUE.
seasidelady52 on April 20 at 9:42 p.m.
This is crazy! Since when did the Police make laws? They are supposed to serve and protect. I would sue them. There was never a rental agreement. I am shocked. No, actually, not shocked, outraged!
diana29666 on April 21 at 12:04 p.m.
Thanks to everyone who has posted in support of my Uncle Don. I spoke with him last night and advised him to be extra careful when he does get a chance to clean the place up. I personaly think the Spokane police dept. should do some community service and clean it up for him after all they put him through.
maxel on April 21 at 2:47 p.m.
The Bains have a good lawsuit against the police and they should sue them to break them and force them to hire REAL police officers. There was NO permission granted by the property owners. PERIOD! So it’s trespassing. Their “stepson” is a guest and as such he has no authority to grant someone the ability to stay. A CHILD can see this. It is so clear cut. The police just merely refused to do their duty in this case.
maxel on April 21 at 2:52 p.m.
Could someone familiar with this situation post the NAME of the officer who told this woman she had “squatting rights”? OIf not, then could someone post the NAMES of all the officers in that force that were on duty that night?
maxel on April 21 at 3:00 p.m.
The Bains should have a “cookout” where everyone in Spokane who is appalled at this travesty is invited. I bet when a hundred or perhaps a thousand people show up this lady would suddenly make herself pretty scarce. After the cookout they should then march down to that police officers home ands have a freakin good protests.
tallt1924 on April 26 at 11:02 a.m.
Well it was a nice week on the street. But like all good things it came to an end. They squatters showed back up this morning. I just don’t see how these people feel that is their home. And come and go as they please……..
Igor on June 08 at 11:19 a.m.
Does any of this surprise anyone? Look at all that’s happening to our country and it all fits.
As Bain’s attorney, I’d be looking into the possibility that the cop suggesting that the squatters have rights is practicing law without a license. Then, I’d check into whether a cop has the right to allow any person to break a window to enter any premise. If the squatter couldn’t get in, maybe she should wait for a judge’s decision as to whether she can re-enter the property.
Next, the cops might want to drop by on their own (w/o being called) to check the shop for drugs or dealers in the middle of the night - since these people are up all night.
This is why I work so hard to get good people involved in kicking the usurpers of power in the a— every chance I get. We all have the right to live in peace and safety and to hell with those who think otherwise.
Raeta on March 01 at 4:50 p.m.
This is nuts. I suggest that several friends of the owners have mail sent to them at that address and then move in and *SQUAT* on top of the ‘squatters’. After all….squatters ‘rights’ apply to everyone, right? They’d be on even more solid ground as they’d have been INVITED by the owners. I’m thinking 30 or so people should about do it.
And the police who encouraged the squatter to stay should be fired. Period. End of story.
CNTLNews on May 03 at 9:27 p.m.
This is not the first time we have seen the police officer (Lt. Stephen Jones) make it into the news.
The Spokane Lt. has a history himself of substance abuse and was arrested for a DUI in 2010.
You can read the entire story here:
http://www.kxly.com/news/22186400/detail.html
There are currently multiple ongoing investigations regarding the Spokane Police force for suspected kick-backs and partnership with the local illegal meth business in Spokane county.
Folks we are dealing with an officer who is likely already himself in a deal with the squatters.
Bain’s attorney is just beginning to open his can of worms.