Diane's face went white. Not red, white. The color of someone who has just realized that the ground she's standing on doesn't belong to her and never did. The community leader and warrior for standards was standing on somebody else's farm road next to a car she'd driven past four warning signs to destroy, holding a phone she just used to file a false police report. The universe rewards patience and persistence.
Diane, you were right. "That's—that's not—you can't just put—", "Ma'am, I need you to stop talking." He pulled out his citation book. Deputy Langford stood beside him, not saying a word. I'm citing you for criminal trespass under Texas Penal Code Section 30.05, entering private property after receiving notice that entry was forbidden.
You received multiple forms of notice. I'm also citing you for criminal mischief under section 28.03 for the documented destruction of crop property over the past 14 months and I'm issuing a formal trespass warning. If you enter this property again for any reason, you will be arrested. He turned to me. "Nate, you want to press additional charges?"
"Not today, Tom. My attorney will be in touch about the civil side." The sheriff nodded. He looked at Diane one more time. "Ma'am, a word of advice.
The next time someone posts four signs, sends you a certified letter, and tells you not to drive on their property, maybe don't drive on their property." He got in his cruiser and left. Diane stood in the middle of my road next to her ruined Escalade in the morning sun alone. I went back to the porch and finished my coffee. Jim Harrelson filed the civil lawsuit 3 days later.
Caldwell v. Prescott, Ridgewood Estates Homeowners Association, and Craig Mullen. The complaint alleged criminal trespass, tortious interference, destruction of crops, vandalism, civil conspiracy, and intentional infliction of emotional distress. Total damages claimed $63,000. The HOA's insurance company took one look at the file, the trail camera footage, the certified letters, Diane's signed receipts, her own Facebook posts encouraging trespass, the boyfriend's midnight angle grinder visits, and decided this was not a case they wanted to litigate.
They settled in six weeks for $47,000. The settlement included a written admission that the Ridgewood Estates HOA had no authority over the Caldwell property and that all past actions directed at the property were unauthorized. Diane's criminal trespass citation carried a maximum fine of $4,000. The criminal mischief charge elevated to a Class A misdemeanor carried up to one year in county jail. Her attorney negotiated a a guilty plea on trespass, deferred adjudication on mischief, 24 months probation, $8,200 in restitution, and a permanent trespass order for life.
Craig Mullen, the boyfriend with the angle grinder, was charged separately with criminal trespass and criminal mischief for the lock destruction. He pled no contest and paid $1,200 in fines and restitution. The Ridgewood Estates's HOA held an emergency board meeting 11 days after the tire incident. 104 homeowners attended, a record. The agenda had one item, a vote of no confidence in Diane Prescott as HOA president.