LOL... Don’t give up your day job for a legal career... A private HOA has NO relevance. Those are public streets and sidewalks. The guy is toast.. The Army has suspended him from DI duties and his career is over.
The kids LIVES in the neighborhood. This would be a fine example of a situation where trying to be badass can have long term implications.
There is no defense that is going to make this go away.
No, no, and NO! If the neighborhood is in fact a private gated HOA community, then those are NOT public streets and sidewalks. They are PRIVATE streets and sidewalks OWNED and maintained by the homeowners who are part of that PRIVATE association. What that means is that people who do not live there, unless they are invited there by a homeowner, would be trespassing. Nobody has a right to enter into a private HOA community without a reason. I live in a private gated HOA community and other than UPS deliveries, hired contractors, or INVITED guests, NOBODY is allowed access and yes, they will be challenged by both security and/or homeowners who may inquire about their presence. We don't have door to door solicitors, we don't have people coming around passing out political or religious literature, we don't have kids or dog walkers from outside our gates just coming in. That is why we live in these communities, we want our privacy, security, and peace.
But people like you have some entitled notion that what WE OWN you are somehow entitled to. It doesn't work that way. Not any more than anyone can assume that shopping mall is "public"; anyone can be told to leave who has no business there. Public streets and parks are different, and some people need to understand that.
Did the kid live in the "neighborhood"-- as in nearby, or actually INSIDE the private gated community? And that was the question being asked to him by the homeowner(s) in the video. There had been a problem with the guy on a previous day, and now the homeowners were asking some questions about him. Nothing wrong with that. If someone was in your backyard who you had not invited, it wouldn't be improper to ask, "who are you, and why are you here?" And the same goes for private gated HOA communities. Nobody other than homeowners or invited quests are allowed. If someone wanders into my community, looks like they are possibly there without any business, I can PERSONALLY challenge them by asking questions. If they are an invited quest, and they breaking our rules or causing a problem then you ask who invited them in. Because each homeowner in a HOA is PERSONALLY liable for any problems or damage an invited guest may cause, and that is how they work.
I'll just say it. We live in private gated HOA communities because we DON'T want the public to have free access to our streets and other amenities which we pay for, and not by taxes. We pay membership fees, not much different than a county club does. So be advised.