Posted on 02/21/2008 2:56:28 AM PST by Troubling Times
Troubling Times
If FreeRepublic stands for America, the real Anerica where the Constitution means something, where you have the right to be let alone in peace as a law-abiding citizen, where you have a right to defend yourself and your family then I need and beg for your help. Please ping any ping lists that apply.
I’m posting as a newbie – I signed up in November 2000. I probably started lurking in late 1998. Before I post I’m alerting an Admin with my one and only original handle of this upcoming post to establish my bonafides. At first I thought “Finally! – a Breaking News post! and was going to sign my real name as the author of this post however I decided to be a little more discrete. I don’t want everything I’ve ever said on FR related to this post by whoever. Lord knows my attorney would not like this no matter how I post it.
This post is going to go on and on and on as I flesh out the bare bones in posts to this thread. It is not just about me and my family its about America where we are now, what we have lost - my family and I had our paradise stolen from us but we're going to get it back. I know we can do it with your help.
First some quick details and then help from the best and the brightest. Please!!
I'm 53, I could be a California attorney but I quit because I didn't like working with the people I had to work with - lawyers. ;-) I've been an independent computer consultant for 20 + years - Now I'm semi-retired but working on lots of projects. My wife found our paradise in September of 1993. It was on the edge of a park in a wooded area right in the middle of a small city in the middle of a big city.
I'm licensed CWP in FL and all states with reciprocity since March 2007. Yep. A newbie CWP.
I was attacked in the place I figured if I was attacked at all, that would be the place. My attacker got his story in first, before I got to outline my side to the police I was hammered into the ground by some of our finest and aside from numerous "Shut ups" I never got the opportunity to give my side. After they read me my rights - that was after 5+ minutes being tortured on the ground. They said “You gonna tell us what happened? – I lawyered up.
I was arrested in my backyard – actually the park behind my house where they put in the dogpark up against my property line in back. Two dog parks. The little dog park is on my property line. The big dog park is a little further away. My lawsuit envisions closing the park immediately with a temporary injunction pending resolution of my suit. Actions: Nuisance, Taking, emotional distress, etc. It’s a long story. I need to add on but can’t put money into a disaster. The only people I might attract as buyers would be deaf dog lovers looking for a fixer-upper. Sigh.
Nutshell: As I was leaving the racquetball courts to open up the house for my daughter (she had no key) I called out to a father and daughter pair that had just arrived: “S’cuse me – we’re taking off – you can use our court its drier and cleaner …” They didn’t seem to hear so just as he was rounding the corner about to disappear from view I called out a little louder “Sir?” That’s when he spun around screaming and charging directly towards me from about 35 feet away. I was attacked out of the blue, I carry all the time, I was forced to draw my Springfield XD .40 and rack a round.
Surprised the crap out of the gentleman charging me saying “Do you think I’m stupid? Are you calling me stupid? You know what I think I’m gonna do? I think I’m going to beat the hell out of you!” As I was armed, I could not risk a fight, a wrestling match, nothing. He was attacking me. Out of the blue charging me screaming. I’d racked the round with him within 10 feet of me – like lightning. With the muzzle pointed at the ground I loudly said “That would be a very bad idea!” He stopped dead in his tracks. He said “You’re in trouble now, turned and as he was hustling away he said “There‘s a sheriff right over there and I’m going to get him!”
One point before I forget – I probably could have easily won the fight but I had no choice – I was carrying.
I sent my kids home – I didn’t know whether there was a sheriff there or several of his buddies might be coming back after me – in the dark. Instead, I called in the perp’s plate and description, told them I’d been attacked and forced to draw my weapon, that no shots had been fired that the perp had left the area saying he was going for a sheriff. I led the to me via my cell call. As they approached me from all sides I said “I’m talking to 911 …” – someone off to the side said “We’re 911 – hit your knees” – as I complied with my cell in my left hand and both hands up they hit me from behind. Every piece of me had a peace officer on it. Two with both arms behind my back pressed up into the breaking position – two others = it seemed – maybe the same two also lifting up at the elbows for an eternity. Long enough for me to try to explain. I was attacked. I’m the CWP holder, you’re purposely hurting me! “Shut up – shut up – cooperate!” is all I get back More on legs, cheek crunched into the ground by another. I am doing all I can to cooperate. Absolutely no resistance whatsoever. I’m pleading with them to just cuff me. Even after I was cuffed – still being held down at every extremity one deputy said “Cooperate or next we ‘taze you!” I swear I was completely in fear for my life. I still am. Where I am – I’m a sitting duck.
Funny thing – my attacker got me far worse than he could have done by himself. The deputies administered a professional beating (only a few marks – it was the dropped keee into my back that gave me pain even breathing for 2 months) for him. He’s got a record. I’m squeaky clean with a CWP. I’m facing jail and the he’s the victim. Big problem. He was with his 11-14year old daughter when he attacked me. She tells the cops that I was the somehow the aggressor. She is lying and for the record when the Dad spun around and started shouting and charging me, she was gone behind the raquetball court sidewall, She was never in danger. All 3 of my kids had been sent home.
The cops took their story and came after me. Lots more details but I simply have to get this out.
I’m innocent. I was attacked, I defended myself and my family. No one was hurt. I’d do the same thing tomorrow except for one thing – I should have just gone home with my family and called 911 from there. Sigh. This whole thing is in the context of the city putting the dogpark in my backyard and my plans to close it as a nuisance. Fighting City Hall. I know, its not recommended.
More will come later but if I don't post this now, I'll get sidetracked by the many pressing issues.
Right now today - the state attorney says if I plead to an “unlawful display of a weapon” misdemeanor and a year’s probation that would be that plus court costs of course, otherwise it’s a `minimum mandatory 3 years for aggravated assault with a gun – no time off for nothing. Oh, if I plead my attorney says I’d have to give up my guns for the probation period and my CWP is forfeit/gone for three years minimum. Even now they have my permit and gun.
Help! For now, ping anyone you trust that maybe can advise or assist me and my family. Countless issues: . 2nd Amendment, property rights, privacy rights, equal protection (that will be our savior),.a dangerous world, a man and his family robbed of their peace and privacy, facing state prison with the hard-timers.
Publicity may be important soon but not immediately – let’s keep this low-key for now.
Thanks in advance, Its late – I may hang around for a few posts to see who’s up but boy I’m tired. And scared. So’s my Family. I will be around in the days to come. Please help me get our lives back and ideally keep my red white and blue butt out of prison.
Thanks again, really.
Troubling Times
Ping! ;-)
If you’re concerned with your situation, get legal advice from a licensed attorney.
Gal, we’ve crossed trails lots of times( I’m in your ping list!) - I’m going to need some dog-lover support and input too on the dogpark in my backyard issues! My beloved 11 year old cattledog pup is dying - the vet gives him a week or two max - lymphosarcoma? When it rains ...
TT (formerly xxxx) ;-)
if I plead my attorney says I’d have to give up my guns for the probation period and my CWP is forfeit/gone for three years minimum.
Sounds like he already has
Yes, but he still seems to be concerned with several issues; so my post still stands as written.
Thank you for your feedback, tx_eggman.
Plead to a misdemeanor, lose, my CWP, and a year's probation or take a chance with a jury trial and the additional expense of the trial itself with a possible 3 year stint in state prison for daring not to plead.
They even have a term for it: a "Bests Interests" plea - its in your best interests to shut up about that "but I'm innocent" crap, plead guilty and take it or we'll really hammer you with the Ag assault. charges. ;-(
Do not fret because of evil men
or be envious of those who do wrong;
for like the grass they will soon wither,
like green plants they will soon die away.
Trust in the LORD and do good;
dwell in the land and enjoy safe pasture.
Delight yourself in the LORD
and he will give you the desires of your heart.
Commit your way to the LORD;
trust in him and he will do this:
He will make your righteousness shine like the dawn,
the justice of your cause like the noonday sun.
Be still before the LORD and wait patiently for him;
do not fret when men succeed in their ways,
when they carry out their wicked schemes.
Refrain from anger and turn from wrath;
do not fret—it leads only to evil.
For evil men will be cut off,
but those who hope in the LORD will inherit the land.
A little while, and the wicked will be no more;
though you look for them, they will not be found.
But the meek will inherit the land
and enjoy great peace.
The wicked plot against the righteous
and gnash their teeth at them;
but the Lord laughs at the wicked,
for he knows their day is coming.
The wicked draw the sword
and bend the bow
to bring down the poor and needy,
to slay those whose ways are upright.
But their swords will pierce their own hearts,
and their bows will be broken.
Better the little that the righteous have
than the wealth of many wicked;
for the power of the wicked will be broken,
but the LORD upholds the righteous.
The days of the blameless are known to the LORD,
and their inheritance will endure forever.
In times of disaster they will not wither;
in days of famine they will enjoy plenty.
But the wicked will perish:
The LORD’s enemies will be like the beauty of the fields,
they will vanish—vanish like smoke.
The wicked borrow and do not repay,
but the righteous give generously;
those the LORD blesses will inherit the land,
but those he curses will be cut off.
If the LORD delights in a man’s way,
he makes his steps firm;
though he stumble, he will not fall,
for the LORD upholds him with his hand.
I was young and now I am old,
yet I have never seen the righteous forsaken
or their children begging bread.
They are always generous and lend freely;
their children will be blessed.
Turn from evil and do good;
then you will dwell in the land forever.
For the LORD loves the just
and will not forsake his faithful ones.
They will be protected forever,
but the offspring of the wicked will be cut off;
the righteous will inherit the land
and dwell in it forever.
The mouth of the righteous man utters wisdom,
and his tongue speaks what is just.
The law of his God is in his heart;
his feet do not slip.
The wicked lie in wait for the righteous,
seeking their very lives;
but the LORD will not leave them in their power
or let them be condemned when brought to trial.
Wait for the LORD
and keep his way.
He will exalt you to inherit the land;
when the wicked are cut off, you will see it.
I have seen a wicked and ruthless man
flourishing like a green tree in its native soil,
but he soon passed away and was no more;
though I looked for him, he could not be found.
Consider the blameless, observe the upright;
there is a future [b] for the man of peace.
But all sinners will be destroyed;
the future [c] of the wicked will be cut off.
The salvation of the righteous comes from the LORD;
he is their stronghold in time of trouble.
The LORD helps them and delivers them;
he delivers them from the wicked and saves them,
because they take refuge in him.
— Psalm 37
Thanks Tex. There really is a lot there and a bit convoluted so I can see how Cindy missed that - I held off asking for help here until it looked like I was sunk already ... hope its not too late for some constructive input ;-)
I didn’t miss it.
Read my last post.
Get a lawyer who specializes in RKBA. You should know someone who can refer you to a good one.
Did the perp coming after you have anything that could be used as a weapon against you?
Thanks - I’m calling the guy who wrote the book later in the AM. - John Gutmacher, Esq. _ Florida Firearms Law, Use & Ownership - 6th Edition. ;-)
That is a sound plan.
In my mind when a stranger is charging me with only seconds to react I can't take a chance that he's not a karate expert ready to hit me with his single, practiced and perfected "death blow".
http://www.nononsenseselfdefense.com/
I have no relationship with the site other than occasionally reading through it.
The guy has a legitimate point – if you end up using lethal force (whether you’re successful or not) it is likely to fundamentally change your life.
I can come up with any number of people that were perfectly within the law and perfectly within their rights (or so they thought) that ended up losing their job, their home, their assets and their family because they killed or injured someone while “defending themselves.”
That is the world you live in. Good luck.
lf the only “witness” is his 12 year old daughter, at least take it up to the a.m. of a trial, depose her and all the rest.
I’m sorry I have no constructive input re: help, but thank you for having the courage to post your story. It gives me, at least, and maybe others another angle on RKBA and might alter my thought processes in a similar situation. I find the way the cops treated you like dirt interesting, but I confess I’m not surprised.
I will post again if I get a bright idea.
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