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To: Ruy Dias de Bivar
I used to carry all the time. One time, 11-22-07, I was attacked by a big fella, drew my weapon, racked a round and stopped the assault. No shot fired.

I called 911, notified them of the assault on me, that I was CCW, led the deputies to my location, even while on my cell to 911 (8 minutes + recorded), I was knocked down by 4 plus deputies, tortured for 4+ minutes with both my arms held up to the breaking point, a knee drop into the center of my back - felt like broken ribs for months but the x-rays said "no" - was arrested for two Ag Assault charges - bailed out (lost) $2000.00, went through a year plus facing a single Ag Assault charge with a penalty of 3 years state prison, hard time, no time off for good behavior, no parole until I finally beat my attorney into filing a motion for dismissal based on Florida's Stand your Ground Law(1995).

The case was dismissed (12-31-08 right of "immunity from arrest" self-defense upheld - See Peterson v. St. of Florida - Established pre-trial procedures to dismiss charges when self-defense pleaded ... ;-)) but I'm out $12,000, a year of my life and I will now ALWAYS question LEO's accounts of any incident and now only carry in the "worst" circumstances. :-(

I know you didn't ask for this but I've been meaning to get going on this to keep others from suffering through what I went through. Licensed to carry, 911 had every opportunity to have me set aside my weapon to "discuss" the incident, they KNEW I was CCW and yet I was arrested "because the guy with the gun is the greater danger" while the ex-con felon who attacked me, one of whose convictions included lying to cops (felony obfuscation), who lied to the cops that night effectively had me beaten far more effectively than he could have managed - all without even a bruised knuckle. Sigh.

40 posted on 11/09/2009 9:17:01 AM PST by Tunehead54 (Nothing funny here ;-)
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To: Tunehead54; Ruy Dias de Bivar

Oops - just FYI - The Peterson case is what we found to help in my defense - no relation to my case other than that. ;-)


41 posted on 11/09/2009 9:27:37 AM PST by Tunehead54 (Nothing funny here ;-)
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