PHOENIX (CBS5) -
There is a battle brewing over a busted fence in the Encanto Park area.
"We were sound asleep. It was between 2:30 and 3 a.m.," recalled Kathryn.
But then, on July 8, 2012, 88-year-old Roskowski had a rude awakening.
"I heard a really loud boom," she said.
When she looked out her window, she saw a black car in her yard. Her fence was in pieces.
"It's very unsightly," Roskowski said.
The 40-year-Phoenix resident has not had much luck getting it repaired, and it is not from a lack of trying.
"I was on the phone for two weeks. Every day for two hours. Maybe four hours. One department to the other. One was referring us to the next person," she explained.
Her insurance company, ANPAC, denied her claim, and said the $877 dollar repair was less than her deductible.
"They weren't any help at all," Roskowski said.
According to the initial police report that driver is a 16-year-old who was behind the wheel of a black BMW.
We tracked down his father, Frank Cusimano. He told us he does not think his family should be responsible for the damage.
"I don't think I should be responsible in this situation. The kid was being shot at. The person who was trying to commit a homicide should be responsible," Cusimano said.
Frank said his teen was apparently trying to avoid being shot. Phoenix police said they have a report of a nearby gang fight, but they don't have any suspect. Investigators also have not made any arrests.
However, it seems that mystery shooter is the one who should pay up. At least that is what a spokesperson for the teen's insurance company, Farmers Insurance Group said.
"We believe the responsible party for all the damage in this incident rests with the party who began shooting at our insured," said Jerry Davies, the Assistant Vice President of Media and Public Relations for Farmers Insurance Group
Farmers said they will continue to work with Phoenix police to get more information about the shooting and the possible shooter. In the meantime, Roskowski will have to foot the bill for her fence.
"Somebody find the shooter for me. The Phantom of the Opera here," she said, joking.
Copyright 2012 CBS 5 (Meredith Corporation). All rights reserved.
88-year-old Kathryn Roskowski explains what happened to her fence
Some of the damage to the fence
