Arrested and evicted if not guilty? – WSVN 7News | Miami News, Weather, Sports

(WSVN) – A South Florida woman says a woman stormed into her house, so she pulled out a gun to scare her off. When police arrived, guess who got arrested and threatened with eviction? Sit back and watch this unusual Help Me Howard with Patrick Fraser.

She spent her morning having surgery. She spent her evening in jail.

Sandra Daniel: “Scary a little bit, frustrating.”

Let’s begin as Sandra got home with her four-year-old.

She noticed a white car that she says shouldn’t be in the parking space and snapped this picture.

Sandra Daniel: “I had an email from management requesting photos of vehicles that didn’t belong in our parking lot.”

Sandra then opened her garage door and says the driver of the car she had taken a picture of pulled up.

Sandra Daniel: “She rolls down the window, she starts screaming, insulting me.”

Sandra says she grabbed her groceries, her daughter and walked through the garage into the kitchen.

Sandra Daniel: “When I turn around she is right there and she’s like doing this. ‘Oh, who the [explicit] do you think you are taking pictures of the parking lot?’”

Obviously Sandra says she was scared.

Sandra Daniel: “I grab my firearm and I just said ‘Who the [explicit] do you think you are you need to get the [explicit] out of my house.’”

Sandra has a license to carry the gun and she says she wasn’t going to shoot anyone, just wanted the lady to go away.

She did and Sandra closed the garage door.

30 minutes later, Hialeah Police knocked at her front door.

Sandra Daniel: “Because they received a phone call saying that I waved a firearm at someone.”

The woman told police she was parked legally, and was sitting inside her vehicle when Sandra approached her saying she was going to shoot her.

Absolutely false, Sandra told police.

Patrick Fraser: “You told your side of the story.”

Sandra Daniel: “I sure did.”

Patrick Fraser: “She told her side of the story.”

Sandra Daniel: “Yes.”

Patrick Fraser: “They believed her.”

Sandra Daniel: “Apparently so.”

Patrick Fraser: “Why?”

Sandra Daniel: “I don’t know.”

Sandra was handcuffed and taken to jail, charged with aggravated assault with a firearm.

The troubles mounted. Police contacted the Florida Department of Children and Families.

Sandra Daniel: “They told children and families that I endangered my daughter’s life by owning a firearm.”

And after Sandra met with DCF, she got a letter from the landlord’s attorney.

Sandra Daniel: “Stating that they are terminating my lease and I have seven days to vacate. When I asked why, they said because I was arrested.”

Sandra tried to explain her side, that she did nothing wrong. Like the police, the apartment complex didn’t listen.

Sandra Daniel: “Because I was the person who got arrested, I’m the bad guy on paper. So I have to vacate in seven days.”

Three devastating blows, Sandra is stunned.

Sandra Daniel: “You know, if you protect yourself, you go to jail, why do I have to move?”

Let’s start there, Howard?

Howard: “Sandra does not have to move. If I were her, I would send the attorney a letter declaring her innocence and her intent to stay. The association will then have to sue for eviction in court and prove she is guilty, which may be difficult in a she-said-she-said case. As for the criminal charges, if the state decides to move forward, that’s more difficult because they have to prove beyond a reasonable doubt that Sandra is guilty, and in a she-said-she-said case, it may not be enough to do that for the prosecution.”

In the police report the officer didn’t write about Sandra’s version of the woman coming into her kitchen, just that Sandra said the victim “walked into the garage.”

The officer wrote there were “no witnesses” and no video available at this time.

Hialeah Police said they would look into the case and get back to me but have not done so yet.

The association’s attorney didn’t respond to me and I tried to contact K. Meneses, the woman who accused Sandra. She didn’t respond to my calls.

Sandra Daniel: “The sense of uncertainty, of you don’t know what’s going to happen next.”

Sandra is fighting back.

She sent the letter to the association’s attorney for the landlord saying she will not vacate her apartment and will fight it in court, just like she will fight everything else in this case.

Sandra Daniel: “I want my name to be cleared, for sure, because I’m not a criminal. I’m a not a bad person.”

Right now, the State Attorney’s Office is reviewing the case to see whether they move forward or drop the charges. And how does Sandra prove she is not guilty? She doesn’t have to. The landlord and the state have to prove it. We will follow this one.

A problem handcuffing you? Looking for the key to a solution? Let us take charge, and give your headache a rest.

With this Help Me Howard, I’m Patrick Fraser 7News.

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