HealthyLivingOPSomewhere In, Tennessee USA4,775 posts
Long Island resident Robert Schiavelli has what can only be described as a unique laugh, which so bothered his neighbor that the man called the police. Now Schiavelli is facing $500 in fines or a month in jail. NBC's Andrea Canning reports.
By Scott Stump, TODAY contributor
A Long Island man's laughter is no laughing matter to his next-door neighbor.
Robert Schiavelli, 42, has been issued a pair of tickets by police for disturbing the peace after next-door neighbor Daniel O’Hanian called the police because he said Schiavelli was laughing too loud out his window.
A detective wrote up two tickets for “disturbing the peace’’ on Feb. 12 and 13 for Schiavelli, who was born with a neurological impairment, according to his parents. Schiavelli lives at home with his parents in Rockville Centre on Long Island.
The complaint for Schiavelli’s laughing was the latest in an ongoing dispute between the neighbors that Schiavelli’s mother, Suzanne, said began over renovations and escalated when O’Hanian began to regularly make fun of Schiavelli for his neurological condition.
“Well, you know if they don’t like something, they start eyeballing us, or (O’Hanian) gives (Schiavelli) a malevolent stare,’’ Suzanne told TODAY Thursday. “He graduated to calling Robert names, and mocking the way he walks.’’
"I was looking out the window,'' Schiavelli told TODAY. "I see him pull in the driveway. He gets out over there by the curb ... and then he just starts staring at me. So I just don't say anything. I just start laughing at him."
O’Hanian could not be reached by NBC for comment, but his wife told the New York Post that “the police investigated and found there was cause … I think the police did what they thought was best.’’
Schiavelli, who has a high-pitched laugh that he often does out the window in response to the alleged taunts by O’Hanian, has been issued several prior warnings for his behavior, according to Rockville Centre police.
“On two occasions, police actually observed this individual creating a disturbance directed at neighbors and in violation of local law,’’ the Rockville Centre police said in a statement to NBC.
He faces a total fine of $500 or a month in jail if convicted for the two disturbing-the-peace violations. At an arraignment earlier this week, the judge declined to dismiss the case, but Schiavelli’s lawyer said he will continue to fight the fines. Legal expert Karen DeSoto believes jail time is not likely for Schiavelli.
“Technically you could go to jail for disturbing the peace, but as a former prosecutor and public defender, I can tell you that I never put anyone in jail for laughing or disturbing the peace or being loud,’’ DeSoto told TODAY. “It’s usually just a small fine.’’
On two occasions, police actually observed this individual creating a disturbance directed at neighbors and in violation of local law,’’ the Rockville Centre police said in a statement to NBC.
Glatlol: On two occasions, police actually observed this individual creating a disturbance directed at neighbors and in violation of local law,’’ the Rockville Centre police said in a statement to NBC. Why the surprise if the above is true.
Exactly. Why do they let him laugh out the window? Probably because it annoys the heck out of them hearing him do it in the house
I read this article along with a video online this morning.It is unfortunate that issues like this one have to happen between neighbors. It is a two sided sword with each neighbor handling it how they feel is right. It is too bad that issues like such have involve Police intervention. As well, Police will not ticket or lay charges unless they feel that they are warranted to do so. For me it is hard to find the victim here. JMO
justjim63port macquarie, New South Wales Australia2,592 posts
Jeez, have some compassion, the poor fellow has an intellectual disability, He's not a mean, or horrible person, give him a break! If You haven't noticed there are alot worse things happening in the world than a fellow laughing.
justjim63: Jeez, have some compassion, the poor fellow has an intellectual disability, He's not a mean, or horrible person, give him a break! If You haven't noticed there are alot worse things happening in the world than a fellow laughing.
Of course there are worse things happening but the thread isnt about them.
It states in the article that the gentleman had received several prior warnings about this behaviour, daft it may be but it is obviously the law where he lives and he broke it.
justjim63port macquarie, New South Wales Australia2,592 posts
Glatlol: Of course there are worse things happening but the thread isnt about them.
It states in the article that the gentleman had received several prior warnings about this behaviour, daft it may be but it is obviously the law where he lives and he broke it.
HealthyLivingOPSomewhere In, Tennessee USA4,775 posts
Glatlol: On two occasions, police actually observed this individual creating a disturbance directed at neighbors and in violation of local law,’’ the Rockville Centre police said in a statement to NBC. Why the surprise if the above is true.
Yes, the police observed him Laughing. I would hardly call it creating a disturbance. Besides, the neighbor provokes him but I suppose THAT is okay.
This neighbor has mocked him for 2 years. I think the man came up with a nice way to get back at him, by laughing. Hey, he could have yelled obscenities but he chose to laugh.
I do not know that a Judge would consider laughing to be Disturbing the Peace. Perhaps we will find out?
HealthyLivingOPSomewhere In, Tennessee USA4,775 posts
kennn: I read this article along with a video online this morning.It is unfortunate that issues like this one have to happen between neighbors. It is a two sided sword with each neighbor handling it how they feel is right. It is too bad that issues like such have involve Police intervention. As well, Police will not ticket or lay charges unless they feel that they are warranted to do so. For me it is hard to find the victim here. JMO
I agree. They both are at fault. It's a game they've been playing for years and I imagine the police are tired of answering their calls. No one is being physically hurt and it's not like he laughs constantly. He does it when the neighbor mocks him or makes faces or stares at him. The neighbor should have been ticketed as well. Then perhaps they would BOTH stop. They both need to appear before the Judge and the Judge needs to straighten them out... perhaps a day in jail with the two of them sharing a cell???
I think the $500 fine is an Unreasonable amount for the offense here.
HealthyLivingOPSomewhere In, Tennessee USA4,775 posts
justjim63: Jeez, have some compassion, the poor fellow has an intellectual disability, He's not a mean, or horrible person, give him a break! If You haven't noticed there are alot worse things happening in the world than a fellow laughing.
I feel that way also. The Judge will see that when he goes before him. You can tell it when he talks, his disability. Poor guy. It's not right to make fun of people who are disabled. I have compassion for him.
HealthyLivingOPSomewhere In, Tennessee USA4,775 posts
Ccincy: It appears that you can't even do what you wish to do in your own home.
What's going to next?
Yes Cc. I had this thought too before I posted the thread. If they can do this, God help us if we exhale in someone's face after eating onions and garlic in public!
Cities have ordinances and they have many stupid ordinances made by unhappy miserable people who attend City Council Meetings which infringe on the Freedom of others. Some folks just believe they are better than others.
Better to live in the country away from neighbors where you can laugh, turn up the music and dance your heart out in JOY!
HealthyLiving: I agree. They both are at fault. It's a game they've been playing for years and I imagine the police are tired of answering their calls. No one is being physically hurt and it's not like he laughs constantly. He does it when the neighbor mocks him or makes faces or stares at him. The neighbor should have been ticketed as well. Then perhaps they would BOTH stop. They both need to appear before the Judge and the Judge needs to straighten them out... perhaps a day in jail with the two of them sharing a cell???
I think the $500 fine is an Unreasonable amount for the offense here.
HL
I believe he was given two citations for $250.00 each. It really is a classic example of two neighbors not getting along. Perhaps a day in jail for them both would be a good idea.
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By Scott Stump, TODAY contributor
A Long Island man's laughter is no laughing matter to his next-door neighbor.
Robert Schiavelli, 42, has been issued a pair of tickets by police for disturbing the peace after next-door neighbor Daniel O’Hanian called the police because he said Schiavelli was laughing too loud out his window.
A detective wrote up two tickets for “disturbing the peace’’ on Feb. 12 and 13 for Schiavelli, who was born with a neurological impairment, according to his parents. Schiavelli lives at home with his parents in Rockville Centre on Long Island.
The complaint for Schiavelli’s laughing was the latest in an ongoing dispute between the neighbors that Schiavelli’s mother, Suzanne, said began over renovations and escalated when O’Hanian began to regularly make fun of Schiavelli for his neurological condition.
“Well, you know if they don’t like something, they start eyeballing us, or (O’Hanian) gives (Schiavelli) a malevolent stare,’’ Suzanne told TODAY Thursday. “He graduated to calling Robert names, and mocking the way he walks.’’
"I was looking out the window,'' Schiavelli told TODAY. "I see him pull in the driveway. He gets out over there by the curb ... and then he just starts staring at me. So I just don't say anything. I just start laughing at him."
O’Hanian could not be reached by NBC for comment, but his wife told the New York Post that “the police investigated and found there was cause … I think the police did what they thought was best.’’
Schiavelli, who has a high-pitched laugh that he often does out the window in response to the alleged taunts by O’Hanian, has been issued several prior warnings for his behavior, according to Rockville Centre police.
“On two occasions, police actually observed this individual creating a disturbance directed at neighbors and in violation of local law,’’ the Rockville Centre police said in a statement to NBC.
He faces a total fine of $500 or a month in jail if convicted for the two disturbing-the-peace violations. At an arraignment earlier this week, the judge declined to dismiss the case, but Schiavelli’s lawyer said he will continue to fight the fines. Legal expert Karen DeSoto believes jail time is not likely for Schiavelli.
“Technically you could go to jail for disturbing the peace, but as a former prosecutor and public defender, I can tell you that I never put anyone in jail for laughing or disturbing the peace or being loud,’’ DeSoto told TODAY. “It’s usually just a small fine.’’
Ya gotta watch the video!
Can't we all just Get Along??????
HL