A judge imposed a temporary injunction on Rene Boucher that orders him to have no contact with Sen. Rand Paul and his family while the senator’s lawsuit against his neighbor is pending.
Paul was tackled Nov. 3 outside his house by Boucher while doing yardwork.
Boucher pleaded guilty in federal court to a count of assaulting a member of Congress and has served a 30-day sentence.
After the federal case was resolved, Paul sued Boucher in Warren Circuit Court for an unspecified amount of damages related to the assault.
Special Judge Tyler Gill granted a request Monday from Paul’s attorney, Tom Kerrick, for a temporary injunction against Boucher.
In making his ruling, Gill said the facts of the case indicate Boucher made no effort to communicate with Paul about the branch trimmings and yard waste near Boucher’s property line that appeared to prompt last year’s tackling.
Because of that lack of communication, Gill said Paul could not have reasonably known that the yard waste was an apparent source of frustration for Boucher.
“I think the Pauls have a right to live without fear in their neighborhood,” Gill said in court.
Court records claim Boucher went on Paul’s property to remove yard waste multiple times and attempted to burn a pile left behind Oct. 2, suffering burns in the process.
Boucher, who was already under a federal court order to have no intentional contact with the senator, will be required under the temporary injunction to stay at least 200 feet away from Paul or his family while Boucher is on his property, and at least 50 feet away from the Pauls everywhere else.
In a statement after the hearing, Paul said: “(My wife) Kelley and I are pleased that the court today provided a restraining order to keep the attacker away from our family. The court acknowledged that the attacker trespassed, started fires on our property and inflicted serious, unprovoked physical harm in the form of six broken ribs and a lung contusion. We hope the restraining order will deter any further violence.”
Kerrick’s motion for the injunction, which was filed Aug. 17, was accompanied by an affidavit from Kelley Paul, in which she alleged multiple chance encounters with Boucher left her with an uncomfortable feeling.
Kelley Paul claimed that as she was running March 2 in Rivergreen subdivision, where the Pauls and Boucher live, Boucher walked toward her and glared at her.
After running past Boucher, she told him she was going to call the police for violating a separate restraining order.
“He turned and yelled something back at me that I could not hear due to the headphones I was wearing, but his posture was aggressive and hostile,” Kelley Paul said in the affidavit.
She also cited an April 21 encounter with Boucher at a store in which she claimed to have noticed him standing “3 or 4 feet away” from her, staring directly at her with a smirk on his face while making no attempt to walk away from her.
A third encounter, July 12, entailed Kelley Paul seeing Boucher sitting shirtless on the back steps of his home staring directly at her and her husband.
“I believe Rene Boucher is intentionally trying to frighten and intimidate me and my family,” Kelley Paul said in the affidavit.
Kerrick said in court that Boucher’s actions appear to be those of someone with an obsession.
“We simply believe the actions of Dr. Boucher indicates he is not a reasonable individual with regard to these type of matters and he appears to be somewhat unstable,” Kerrick said.
Boucher’s attorney, Matt Baker, countered that he was “befuddled” by the request for a temporary injunction, arguing that Boucher has complied with a federal judge’s order preventing any contact with the senator.
“What I hear (Kerrick) saying is he wants my client to be enjoined from living next door to the Pauls and moved out of the community,” Baker said.
Gill ruled on other motions at Monday’s hearing, dismissing Boucher’s third-party complaint against the Rivergreen Homeowner’s Association and finding in favor of the senator on a partial motion for summary judgment that holds Boucher liable for Paul’s injuries.
Boucher’s counterclaims against the Pauls alleging that the piles of yard waste constituted a private nuisance and a trespass against Boucher were allowed to remain, and Kelley Paul will remain a third-party defendant in that particular civil action, since she is also on the property deed with her husband.
Gill set a jury trial for Jan. 28 to determine the amount in damages Boucher would have to pay the senator on the assault and battery claims.
A bench trial was set for Feb. 3 to determine whether Boucher should be subject to a permanent injunction.
– Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.