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
He’s got a 12 year old lying witness. You have three kids. You sent them home after he went for the sheriff, so they saw the confrontation. Are any of them old enough to act as counter-witnesses?
I was not there and am not a lawyer but....
If you carry - you must carry a cell phone and if you pull the gun the first thing to come out after the situation is over is the cell phone. Call 911.
If nothing else your run in with the cops would have been recorded.
I can understand your reaction. I'm one of those "if you pull it out use it" CCW types.
From what you related in your original post, and the attitude of your lawyer, I would definetly seek another lawyers opinion.
Pinging some on the Banglist...
save
All I can add to this, and I’m sure you already figured this out on your own, get a new attorney.
You have a bad attorney. Get yourself a new attorney. Keep looking for one that you think will work hard for you.
Get your case before a jury.
Get a lawyer who is competent on jury selection.
Get a lawyer that can help you post bail.
Go on with your life on bail and avoid any confronation whatsoever with anyone else.
Learn a Christian value to turn the other cheek, hang your head down and suffer. You will win with this belief.
In the meantime you will not have your gun.
Put off your fight with City Hall over the Dog Park. Get out of trouble first. The Dog Park has nothing to do legally with your case.
Wait for the jury to hear from your lawyer. Be silent and composed, at peace before the jury. If you have no history of provoking others and have no police record, your chance of acquittal is good. If convicted, you can appeal and have your conviction set aside on appeal.
You were a new CWP holder. You were scared.
Research crime stats in your area. Ponder deeply why you needed a CWP and gun in your area particularly.
You are protected by the 2nd Amendment to the point that you were able to own and keep a gun. But you are now in trouble over the use of that gun.
The jury needs to know:
1. You were scared of crime in your area and needed a gun for safety and defense.
2. You were attacked.
3. You were inexperienced with your CWP license.
4. You were able to stop the attacker without assault.
5. You have no past record of provoking or assaulting.
6. The attacker has a record.
Make sure your lawyer goes over the elements of proof that a prosecutor needs to present to convict you of the charges made against you.
The key is a good lawyer and controlling your emotions. Self-composure will allow your attorney to think he/she can help you/work with you. Control control control your emotions. No crusades, no speeches, just peace and composure. Pray every day and thank God for this trial and pray that He reveals to you the steps to take to be at peace and the lesson to be learned.
BTTT
I agree with that assessment. I have never been in quite this situation (thank God!) but I have been in situations where I was getting professional help and things weren't going so well. Friends said, "You're paying money to someone who isn't doing right by you. Find someone else."
Well, I was thinking, "They're a professional. They must know what they're doing." Wrong. I finally wised up and got someone else to help me. It was like night and day. I got a much better outcome -- the outcome I deserved.
Having a bad attorney can be the worst mistake of your life.
Perhaps you could post the Police report of your arrest?
Could you begin at the beginning, proceed to the middle and finish up at the end?
Right now all I understand is that you were arrested at a dogpark in some unnamed city after you and another patron exchanged words and you brandished your (legally) carried weapon.
Presumably you had proper orientation and training when you acquired your CCW and somehow did not follow your instructors advice or somehow managed to ignite a cascade of threat reactions from the local police.
Best regards,
Having been given and seen these types of 'plea or else' threats I can only offer support and hopes that 'Mr world- class a@@hole' isnt too well connected, and that you can bring some heat to the prosecutor in time...
But in any situation the CWP holder - if at all possible - should be able to relate his side otherwise my second amendment rights are useless.
Under these circs a true bad guy, knowing his target carries can just be in the same block with the CWP guy call in the bullshit story and have the deputies, hammer his target, arrest him, charge him and force him to plead or face mandatory minimum SIGNIFICANT state prison time of 3 years - 10 if they charge me with two counts which they did in their PC (probable cause filing - 20K bail $2000.00 gone to start - More later -
I’m curious about why you pinged me first.
I’m not a lawyer, but part of the problem seems to come from having a right reduced to a privilege as well as a paranoid police force.
Getting a new lawyer sounds like a good idea. Maybe others can help.
Prayer is the best and most I can offer.
Sigh.
Horrible situation.
Next time, pull the trigger.
Who is the other guy? Does he have some kind of clout with the police or city hall?
If I were you, and I’’m not an attorney, I’d fight it. Fire your attorney, get a new one. Let it come to court. I doiubt that the guys story and his kids will mesh, exposing him for the perjurer he is.
Thats good. It makes no sense to surrender. Dont make it eay for them to prosecute you. They want the easy way out, and you have alot to lose by gving in. At the very least, give them a real fight.
Hmmm... thanks for the reading.
I had scheduled myself to do some Bible reading just after having a small snack and looking at FR... Now I’m wondering if this qualifies? The message certainly resonates in my heart.
Some good advice already here. Most important items: Be at peace. Reconsider your choice of lawyer. Don’t make snap decisions. Pray - and listen for an answer.
The state attorney says he doesn't believe my attacker but finds his daughter the most credible. Which is interesting as she was completely out of view and her description of events completely false. Sigh.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.