Ask The Cop
By Officer Christina Burhans, S.D.P.D. Eastern Division

(Mission Times Courier, San Diego, Ca) -  Q: The kids on my street are always playing in the street.  It's not normally an issue as they move out of the way when cars come and go.  But occasionally their ball bounces against my car parked in the street.  Is this legal, if they cause damage, what can I do if I don't actually see it happen?

A: Let's look at your two questions: Is it legal if damage is caused if a ball bounces against a parked car? What can be done if you did not witness this?

In this scenario a crime has not been committed. Vandalism is essentially described as any person who maliciously defaces with graffiti or other inscribed material, damages or destroys any real or personal property not his or her own. The key word is "maliciously" which means this act must be willful. It does not appear the intent of the kids was to hit cars, but to play a game. Even though the damage does not fit under a violation of the penal code that does not mean someone should not be responsible for the damages. In this case the parent of the kids playing in the street should pay for the damage that was caused. If you did not witness this I would suggest talking to the kids and parents. Ask how this happened. If the kids do not fess up and no parent's are willing to split the cost of the damage the ball games in the street should stop.
Mission Times Courier Readers: I want to use this column as a resource for residents who may have questions, concerns and suggestions. I encourage your letters. Please contact me via email at askthecop@missiontimescourier.com and I will answer your questions and address your concerns. I am looking forward to hearing from residents in Eastern Division as we work toward finding public safety solutions.

Column by Officer Christina Burhans, S.D.P.D. Eastern Division