Is Paradise Worth Fighting For? (A vanity)

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.

Excellent advice!

My dad used to say that your attorney is only as good as the information that you give to him. Give the attorney EVERYTHING!

Additionally...any neighbors ever had a run-in with this dude? Any others threatened? Any known incidents of battery, assault, destruction of property by this dude? Any neighborhood kids get threatening comments from him? Can your attorney get copies of this guy’s records? Do they include violence? And is there someone who might have had knowledge of that record before your incident, told you about it and therefore, because of that known information you would have had a “heightened fear” of his potential behavior the day of the incident? These could help your case as they might demonstrate a reasonable fear of the dude prior to the event.

I once met Gutmacher and I have his most recent book. He IS a good man. You might also consider contacting some of the leaders in the RKBA movement to rally to your cause. Folks like Wayne LaPierre, Neil Knox, Aaron Zelman (JPFO) and I would certainly get some input from folks who specialize in being expert witnesses in cop cases. Folks like Massad Ayoob. Did this happen IN Florida? If so, get hold of Marion Hammer of the Unified Sportsment of Florida. She is a past President of the NRA and has considerable clout in the state.

This got so messed up because HE got his explanation in first. That makes you the defendant. You've got to turn that back around, somehow. Normally, I'd get the media in on the issue but since they're so anti-gun, that's no help.

If you're on good terms with your local Congressional representative I might get at least a character reference from them for court. I also would contact the RUTHERFORD INSTITUTE (do a Google) for help with the other cross claim legal issues. That's what they specialize in, helping "just plain folks" get out from under the heel stomp of BIG BROTHER. That's all I can come up with now. It's Friday and I'm just this side of the Living Dead here in my 5th period Economics class. Good thing I had a worksheet for them to complete or I'd be in deep trouble. If I can think of anything else, I'll post it later. Take it easy. They can kill you but they can't EAT you, right?

"In the future, also carry pepper-spray as a deterrent and to get an advantage over an attacker, — a graduated step before drawing a deadly weapon."

Now that is an excellent suggestion! Pepper spray would provide an intermediate step in the continuum of force, although sometimes you get someone who can take a face full and still keep going. Taking such a step would also signal a (sane) jury that you weren't just "looking to draw on someone".

Something else to carry...

I myself have been a similar situation, where if my (verbal) assailant had chosen to press the issue and moved to close on me, I would have had to draw on him, because I am not going to engage in a wrestling match -- too many things could go wrong with that. If you possess a standoff capabily, you have to maintain that capability. You don't want to get shot with your own gun.

I had an incident where my only options were run, shoot, or fight.

None of those at the time were optimal, I decided to carry pepper-spray to givce me an advantage and to show a jury (if required) that I had attempted to use non-lethal means to resolve a situation.

I still mentally practice quick draws in various scenarious.

Sometimes deadly force is the first option.

Joe, This doesn’t feel like a money-maker for our friend. He’ll be lucky to get out with his record intact.

Exactly so. After two months if he has not produced a more cogent account of events he has a bad attorney, weak case or both.

On the other hand, Ed Cantrell managed to pull off a successful defense:

http://www.aetv.com/city_confidential/city_episode_guide.jsp?episode=136376

Best regards,

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