An Open Letter to LVMPD Sheriff Doug Gillespie From Stanley Gibson’s Widow

Friday, December 13th, 2013

Kelly W. Patterson shared this open letter, written by Rondha Gibson and originally published by Nevada Cop Block, via CopBlock.org’s submit page.

Doug Gillespie,

Two years ago today, Stanley Gibson was murdered by Ofc. Jesus Arevalo of the LVMPD

Two years ago today, Stanley Gibson was murdered by Ofc. Jesus Arevalo of the LVMPD

I know your name. It’s a name I will never forget, along with Jesus Avalero. My name is Rondha Gibson. I’m sure you remember my name too, but do you remember what today’s date represents? For me, it’s something else I can never, ever forget.

Today marks two years since Stanley Gibson was shot and killed while sitting unarmed and incapacitated in his car on December 12, 2011.

He was my husband and he was murdered by Officer Jesus Avalero, who you once called dependable and stated you would stand behind. Fortunately, two years later your opinion about that has seemingly changed. Now you say he is responsible for my husband’s death, although you still refuse to call it murder. While you finally had the decency to at least fire him, you still haven’t held him accountable for his actions that day in any legal manner.

Essentially, his “punishment” for shooting my husband, who was both unarmed and innocent, is to have to find another job (after having spent slightly less than two years sitting at home collecting a full paycheck). I don’t doubt that he will cash in on some connections he made while with Metro to get some cushy security job or something such as that. That’s not a true punishment, it’s an inconvenience.

Meanwhile, the last 24 months of my life have been nothing but hell. While Jesus Arevalo was on paid vacation (AKA “administrative leave”), I was struggling just to pay my rent and other bills. In all that time, I’ve hardly even really had a chance to grieve for my murdered husband amidst all calls from collection agencies wanting me to pay for Stanley’s funeral, which I couldn’t even afford.

You once claimed at the inquest that you were in contact with me everyday and that you publicly apologized to me, calling Stan’s death a mistake. Even that’s a lie. We never even talked until after that inquest and that only happened because Steve Sanson of VIPI asked you to come and talk to me. That was the first and only time we ever spoke and the apology you gave then was not worth the breath it took to deliver the fake sentiments it represented.

In the 24 months since Stanley was taken from me by Jesus Arevalo and the culture of lawlessness that you continue to enable within Metro by refusing to hold anyone accountable for their actions, no matter how heinous, I had only two requests for you:

That Stan’s medals and other personal belongings from that day be returned to me.
And that someone be held accountable for his murder.

Finally, his medals came home after a lot of unnecessary stalling, but still nobody has actually been held accountable for Stanley’s murder. Simply being fired isn’t punishment enough for taking the life of another person. I will not just be standing back and accepting that, either. My third demand is your immediate resignation as sheriff and I will renew that demand for every one of your successors until they create true accountability within the Las Vegas Metropolitan Police Department.

No more members of this community should have to walk around in fear that they will be shot down in cold blood by cops, who know they have no chance of being punished for their actions. No more families should have to deal with the loss of loved ones and the knowledge that accountability is not even an option for Las Vegas area cops, as I and way too many other have had to. I will not rest until genuine changes are made.

I am Rondha Gibson, widow of Stanley L Gibson, a Disabled Veteran murdered by LVMPD Ofc. Jesus Arevalo. I was victimized by members of the Las Vegas Metropolitan Police Department, but I am finished being a victim.

Rondha G.
NEVER FORGET STANLEY L. GIBSON

 

An Open Letter to LVMPD Sheriff Doug Gillespie From Stanley Gibson’s Widow is a post from Cop Block - Badges Don't Grant Extra Rights

Huntington Settles Freelance Journalist’s False Arrest Suit

Thursday, August 29th, 2013

Lawrence J. Smith, writer for The West Virginia Record, shared this post via CopBlock.org’s submit page.

HUNTINGTON – A self-proclaimed investigative journalist has agreed to settle his lawsuit against the city of Huntington alleging police violated his constitutional rights when they arrested him nearly two years ago for filming a traffic stop.

U.S. District Judge Robert C. “Chuck” Chambers on Aug. 1 dismissed Joseph Pniewski’s civil rights suit against the City and Huntington Police officers Dana Cowell, James Leist and Ryan Bentley after the sides announced they reached a settlement. The terms were not disclosed in court records.

Repeated telephone calls left with Pniewkski’s legal team of A. Courtney Craig, Connor D. Robertson and Richard Weston were not returned by presstime. Also, Scott McClure, the city‘s attorney, was not immediately available for comment.

According to the suit filed Aug. 24, Pniewski witnessed Cowell, Leist and Bentley conducting a search of a vehicle and its occupants in an alley off Northcott Court in the Fairfield West project on Sept. 29, 2011. In his capacity as a “freelance investigative journalist,” Pniewski, 58, who lives nearby on Daulton Ave., began filming the search.

Shortly thereafter, Pniewski was approached by Officer Dana Cowell, who inquired as to what he was doing. In response, Pniewski said he was “videoing for the purpose of community response and to assess if the officers were conducting their job properly.”

According to the suit, Cowell instructed Pniewski to “go around the corner.” Though Pniewski backed up a “significant distance,” Cowell again instructed him to go around the corner, the suit says.

At that point, Pniewski inquired if he was not allowed to film the search to which Cowell allegedly replied “Yes.” After that, Pniewski says he backed away further.

When Cowell again ordered him to leave the area, Pniewski offered to back up even further, and inquired why he had to leave, he says. According to the suit, Cowell said he was concerned for his safety.

To help alleviate his fears, Pniewski says he offered Cowell to search him. Instead, Cowell arrested him, allegedly saying “It’s this simple, I told you to leave the area.”

After being placed in the cruiser, Pniewski says he asked Cowell to call 911 as he was experiencing chest pains. When Cowell denied his request, Pniewski then kicked the rear passenger window of the cruiser and demanded medical attention, the suit says.

Eventually, Pniewski was taken via ambulance to Cabell Huntington Hospital and “treated for his chest pain, elevated CK and myoglobin enzyme levels, and wrist lacerations from handcuffs placed too tight.”

According to the suit, Bentley took possession of Pniewski’s video camera after Cowell arrested him. Shortly thereafter, he, Cowell and Leist huddled around it before one of them allegedly erased the footage he shot.

Despite the allegations one of the officers erased the encounter, a six-minute video of the search leading to Pniewski’s arrest was posted on YouTube and linked to Photography is Not a Crime, a pro-First Amendment Web site.

While at the hospital, Cowell went to Cabell Magistrate Court and obtained arrest warrants for Pniewski on charges of destruction of property, disorderly conduct and obstructing. According to court records, the charges were dismissed on Jan. 12, 2012.

Along with unspecified damages to compensate him for the violation of his civil liberties, and hospitalization, Pniewski sought a court order compelling the City to implement a policy instructing officers on the First Amendment right citizens have to record them performing their duties, and the proper elements to charge someone with obstruction. In the suit, he alleged it is a routine practice of HPD to make a “phantom charge” of obstruction “as an add-on to other charges” in hopes of gaining a conviction.

U.S. District Court for the Southern District of West Virginia, case number 12-cv-4675

Huntington Settles Freelance Journalist’s False Arrest Suit is a post from Cop Block - Badges Don't Grant Extra Rights

Sunlight is said to be the best of disinfectants

Friday, August 9th, 2013

Sunlight is said to be the best of disinfectants was authored by Jim Kerr and first published to July’s issue of The Liberty Tree a publication of Save-A-Patriot Fellowship P. O. Box 91, Westminster, Md. 21158 (410)857-4441

___________________________

jim-kerr-the-liberty-tree-sunlight-copblock-1On July 4, 2013, in Murfreesboro, Tennessee, Sheriff’s Deputies set up a roadblock to make unreasonable searches and seizures which are forbidden by not only the United States Constitution, but by the Tennessee Constitution. (See p. 2 showing Tennessee’s Constitutional guarantee of this fundamental right.) July 4th, the very day that we celebrate our separation from the tyrant King George III, the monarch that suppressed the God-given liberties of the peoples of the 13 colonies, is surely one day in which our government officials should respect civil liberties. But it seems the cops of Murfreesboro, Tennessee were too ignorant to think about that. These Murfreesboro police (and there were likely many other cops throught this country) harassed innocent passers-by thus violating their oaths of office. Bad idea – what with modern technology. These cops got caught! Now such criminal behavior by cops can be made public.

This July 4th check-point was beautifully video recorded and broadcast on the internet, causing an uproar. God bless the cell phone! It went viral on the Internet. Yes, We the People also have access to modern technology. Anyone can use their cell phone or other such devices to record any incident involving the police, such as when being pulled over. Even people walking down the street, witnessing an event, can use a video recorder to great effect. Remember Rodney King? That “didn’t play well in Peoria.”

There is one organization devoted to collecting such recordings of incidents involving wrongful police behavior. They may be found on the Internet at www.copblock.org. Though it is loosely organized, it has a very interesting collection of videos of bad cops that are caught in the act of breaking the law. These videos should be shown on TV and in every civics class in today’s public schools — along with having the students read the constitutions of the federal government and their state. They need to know what rights are. Indeed, inquiring minds want to know!

It has been said that “seeing is believing.” Second-hand information, even from a source deemed reliable, such as family or friends, may still not be entirely reliable. But to see something, such as an event involving wrongful acts government employees (oversees military included) with your own eyes, is effective in removing doubt as to what transpired. Video recordings, be they in Murphreesboro Iraq or elsewhere, provide unadulterated exposure of abuses of authority to wide audiences, making it a powerful tool to sway the sentiments of people such as ourselves. Indeed, honest ignorance can be cured, unlike stupidity, which can’t.

This is useful not only in making people aware of what is going on in real life, contrary to the filtered, censored, candy coated news we see on TV, but is a powerful tool to hold public officials accountable for their crimes – such as police authorities. Many bad cops are worse than Barney Fife; indeed, ignorant and arrogant public officials shall not be on the endangered species list any time soon, for there is nothing new under the sun. And We the People can do our fair share to keep the police authorities within the bounds of their oaths of office by merely keeping our cell phones handy and using them liberally.

In this country, we are beholden to the principle of public accountability. Indeed, as U.S. Supreme Court Justice Louis D. Brandeis said, “Sunlight is said to be the best of disinfectants….” Instances of corruption and abuse of authority by government officials – especially cops – will be minimized if those powers are required to operate transparently.

jim-kerr-the-liberty-tree-sunlight-copblock-2In the past, law enforcement has not been subject to much public scrutiny. Not any more! The wide use of camera phones and the Internet is putting an end to that. And the public doesn’t like what it is seeing! Wide publication of such videos has sparked public outrage and calls for police reform. This would be impossible without the potent impact of citizen-conducted surveillance.

Of course, the law enforcement community is not happy with all this citizen-surveillance. Check out the videos on Copblock.org. Very eye opening.

Many police authorities and prosecutors have engaged in aggressive efforts to stop the public from recording police activity altogether. They have made little progress. Indeed, such efforts to chill our First Amendment rights in this area don’t go unnoticed – unlike government efforts to stifle political speech within the Patriot Community. Cf. Judge Nickerson of the Federal District Court’s injunction against Save-A-Patriot’s free speech.

In the past, it was rare that people could actually see first hand, police activity. The public’s perception of law enforcement institutions were filtered through the main stream media, which relied heavily upon official police sources for their information. Law enforcement authorities were therefore able to control the information made available to the public, so as to cultivate a favorable perception of them in the media. This fostered praise and support from the public. Illegal police activity could be concealed or if absolutely necessary, downplayed to a trusting public, thus minimizing any public disapproval. Today, We the People can police the police.

So, do your fair share: record those public servants. Even public servants need to be held responsible for their crimes.

RELATED


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Sunlight is said to be the best of disinfectants is a post from Cop Block - Badges Don't Grant Extra Rights

Concord Police, Go and Get Your Bearcat

Wednesday, August 7th, 2013

This article was shared with us by Chris Cantwell.

Recently a great deal of fuss has been made about the police department in Concord, New Hampshire applying for a grant from the US Department of Homeland Security to obtain a tank. The military apparatus in question is a Lenco Bearcat, an armored vehicle with gun ports. The police, of course, claim it is only a rescue vehicle, as evidenced by their use of several such vehicles to rescue Dzhokhar Tsarnaev, a wounded, unarmed, 19 year old, boy.

Much of the controversy centers around the application for the grant, in which police say they have a domestic terrorist problem, including, but not limited to “Free Staters”. Now, I can certainly see why people would get upset about that. After all, in the 12 year history of the Free State Project, I’m aware of exactly zero incidents of Free Stater initiated violence, and the FSP website says rather clearly “Anyone who promotes violence, racial hatred, or bigotry is not welcome.”. I can personally attest to the aversion Free Staters have to any sort of violence, because I was practically run out of town for simply suggesting that people have the right to defend themselves against government agents, and the inevitable outrage that this article will invoke from libertarians may serve as further proof.

On the other hand, we have no shortage of violence involving Free Staters. Government agents have repeatedly harassed, assaulted, and kidnapped Free Staters. The next logical step is for police to begin killing these peaceful activists, and the acquisition of military hardware in the name of this group is a rather obvious sign that this is their intention.

While I can see why people are getting upset, I’m just not sure why anybody is surprised. Free Staters oppose government violence, and so they have chosen New Hampshire as a place to make a stand against it. But of course, to oppose government violence is to oppose the government itself, since the government is violence incarnate. Violence is the only tool that the government has, and when all you’ve got is a hammer, everything looks like a nail.

Mislead pacifists have told me for some time, that we have to meet government violence with non-violent resistance, and civil disobedience, because government agents don’t know how to deal with non-violent people. Clearly, there is an ever increasing amount of evidence that these people are completely misinformed. Government agents know exactly how to deal with peaceful people, they deal with them using violence, and the acquisition of the Bearcat in Concord is just one in a long line of examples.

· Adam Kokesh is peaceful, that didn’t stop government agents from kidnapping and caging him.
· Ian Freeman is peaceful, that didn’t stop government agents from kidnapping and caging him.
· Derrick Horton is peaceful, that didn’t stop government agents from kidnapping and caging him.
· Ademo Freeman is peaceful, that didn’t stop government agents from kidnapping and caging him.
· Rich Paul is peaceful, that didn’t stop government agents from kidnapping and caging him.

Need I continue? Because there’s really no limit to how long I could make this article if I chose to list every example of government violence against peaceful people, this is just a short list of people I know personally, who were attacked in just the last year or so. Imagine if I decided to start digging through old newspapers…

The government doesn’t much care if you are peaceful or not, all they care about is if you are obedient. Free Staters are not being labeled as terrorists because they are violent; they are being labeled as terrorists because they are disobedient. Being violent is not a prerequisite for government violence being used against a person, and in the entire history of statism, it never has been. The only prerequisite of government violence is disobedience, and in entirely too many cases, even obedient slaves are harassed, assaulted, kidnapped, or murdered by government agents.

Deep down, Free Staters know this, and that’s why they’re Free Staters. They see this injustice, they want it to stop, and so they are coming together to make a stand against it. The only problem is, now that they have come together, they have absolutely no idea what to do, because their vision of a peaceful evolution to a voluntary society is being shattered on an almost daily basis by government violence. That violence is all too sure to escalate, as the government agents of New Hampshire and elsewhere acquire more advanced and sophisticated technology to oppress these peaceful activists, and the population in general.

So what to do? It’s a terribly unpopular thing to say, but the answer, at some point, is to kill government agents. The government agents know that, and that’s why they want a tank.

Carla Gericke, president of the Free State Project, correctly points out in her letter to the Concord police chief that “most libertarians strongly believe in the non-aggression principle, and choose to disassociate from those promoting the initiation of force”.

If anybody needs a refresher course in the English language, aggression is the initiation of force, and the non-aggression principle does not condemn the use of defensive force, even if the cult of the omnipotent State does. I believe in the non-aggression principle, which is why I believe in using defensive force against aggressors. It’s not a terribly complicated concept. If someone uses violence against me, I am within my rights to use whatever level of force is necessary to repel the threat, and the non-aggression principle doesn’t make exception for shiny badges or letters from men in robes. The mere mention of this fact necessarily gets people in an uproar, because “whatever level of force is necessary to repel the threat” leads to a rather serious conflict when you face an aggressor like the State, who will use whatever level of force is necessary to oppress their victim. When two sides of a conflict both feel they have the right to use “whatever level of force is necessary” to accomplish competing goals, we’re necessarily talking about a very rapid escalation of violence where one or both sides could take heavy casualties, and material costs quickly skyrocket out of control.

Nobody in their right mind wants to see something like that happen, so we tend to do as we are told, fill out our paperwork, pay our taxes, and go on about our daily lives with as little conflict and discomfort as humanly possible. When our friends are kidnapped, instead of breaking them out of prison, we visit them there. When police set up a road block, instead of barreling through it, we complain verbally. This of course, does nothing to prevent the government from building its arsenal and making more and more belligerent threats against us, because government agents are not in their right minds.

Some will accuse me of helping the Concord PD obtain their Bearcat by writing this article, but Free Staters need look no further than Keene (prior to my arrival) to see where this is going. No crime to speak of in the area, the activist faction that calls Keene home are perhaps amongst the most radical pacifists on the planet, and the public was largely against the acquisition of the KPD’s Bearcat. But, there it sits in their parking lot, collecting dust, just waiting for someone crazy (brave?) enough to take the “Live Free or Die” motto, or Article 10 of the NH Constitution seriously…

The best advice I can offer to people who are concerned about this type of militarization of police forces, is to build their own militarized forces. While not stylish, it’s not terribly complicated to up armor your own vehicle, and nothing you say is going to convince predators not to prey on you. They will stop when it is no longer in their interests to do so, and as long as you take it lying down, as long as the most resistance you are capable of putting up is holding a sign, filing paperwork in their court, or self-righteously waving your finger at people, aggression will be a rewarding career choice for anyone who is so inclined.

Chris Cantwell is an comedian, activist, and public speaker, originally from New York.

He can be reached on twitter @voteforcantwell

This was originally published at http://becauseihatethegovernment.blogspot.com/2013/08/concord-police-go-and-get-your-bearcat.html

Chris Cantwell

 

Concord Police, Go and Get Your Bearcat is a post from Cop Block - Badges Don't Grant Extra Rights

Racial Profiling or Bad Police Work?

Monday, July 29th, 2013

This post courtesy of Station.6.Underground

The oppression of the modern police-state against the people is something that can’t be understated, and seems to only get worse by the day here in America. From criminal cops, to incompetent cops, to flat out bad policy which the police are there to enforce,  it’s little wonder that there are more and more Americans who are fed up and speaking out.

Unfortunately, there is a racial dynamic to these problems as well. There are racist people people in our society and therefore it should come as no surprise that a certain amount of that will make it into police forces. But racism and bigotry are not necessarily synonymous either. Racial profiling is not necessarily born of some inherent hatred of people with different levels of melanin. It has been argued by some that, statistically speaking, black people are more dangerous than white people. Even within the black community, a black person is far more likely to be killed by another black person.

To look at it another way, if you happen to be driving a Honda Accord, the police may “profile” you based on the car you are driving. They may give you a little closer scrutiny in a routine traffic stop, ask a few more questions, be a bit more insistent, based on the fact that the Accord is the most frequently stolen car in America. It’s not the job of the police to harass Honda owners though simply because they didn’t choose to buy American. Which is why a whole host of other factors should go into the formulation of deciding whether or not there is something suspicious going on.

They are probably not as likely to be so suspicious of a woman driving a Accord with two kids in the car on a Sunday afternoon, as they would be of a teenager who was stopped in the middle of the night for driving without the headlights on. It also doesn’t rule out the possibility that a mother of two might be driving a stolen Ford around town on a Sunday afternoon either. So from these examples we can see that while profiling may have some basis in general context when an officer conducts an investigation, it is not applicable as the entire basis of an interaction with police. It’s just bad police work to be overly focused on any particular profile, all moral considerations aside. This is one good reason why profiling should not be the basis of policy as it is now in places in places like New York City.

An Inside Look at NYPD’s ‘Stop and Frisk’ Policy

Mayor Bloomberg Defends Race Comments on Stop-and-Frisk

While the crap-storm swirls around the racial element of the deluded Mayor’s policy and his comments, the core truth of the matter gets completely left out. The race-card has trumped the real flaw in the policy. That flaw is the blatant disregard for the 4th Amendment of the Constitution. The problem is not that the NYPD is stopping and frisking minorities. The problem is that they are stopping and frisking anyone without probable cause or a warrant. The problem is that there is a policy in place that would even allow people to be stopped simply on the basis of their skin color in the first place.

The debate over percentages and numbers is beside the point. If this despicable policy were not in place, then the police could not be stopping and harassing minorities or anyone else. The problem is not that minorities are being targeted by this policy, the problem is the policy itself. While white people may not be stopped as frequently, you can be sure that a white kid low-riding his pants, wearing hip-hop duds and listening to Immortal Technique is just as likely to be harassed by the NYPD. People with tattoos, people with piercings, people living in high crime areas, people driving Honda Accords may all be targeted without actual cause.

Of course, this is not just a NY thing. Black folk often feel that they are being targeted because of their race alone. Sometimes their complaint has some validity. Often times though, it doesn’t. Take this case of a man who was arrested for DUI, even though he wasn’t drunk.

Sober Man DUI: Arizona Driver Blows 0.000, Gets Penalized

The 64-year old black man was arrested, thrown into the back of a police vehicle and had his car impounded, even though he was not drunk at all. The officer disagreed with the breathalyzer device and decided to make the arrest anyway based on the fact that Jessie Thornton had bloodshot eyes. Keep in mind that alcohol doesn’t always cause bloodshot eyes, and that it is just as illegal to drive under the influence of substances like marijuana as it is to drive drunk. Thornton admits his eyes may have looked bloodshot, but says that may have been due to a late night swim at a fitness center.

Mr. Thornton doesn’t see a flaw in the law though, and he doesn’t complain that the officer was just incompetent and unable to tell the difference between a DUI and a man who just climbed out of a swimming poor. Instead, he believes the officer was a racist.

“It was driving while black,” he said, adding: “I just don’t want any of this to happen to somebody else.”

Was the officer really a racist though? Was he really profiling the driver? It’s possible, but there is no real reason to believe that based on the information which Mr. Thornton himself shared with the media in that article. So outside of that, either the officer was utterly incompetent, or he was just a cop harassing a citizen. A bully, which is more often than not the fact of the matter. Those same two options stand in this following case, where a white woman was arrested for being drunk, when she was actually the designated driver and had not touched a drop of alcohol that night.

Heather Squires was arrested for DUI without drinking a drop of alcohol

In short, police are not the spokespersons for “white people” and are not a standing army to protect whites from blacks. It’s time we take a step back from the racial issues and take a good hard look at what is happening to our country. All of us, black, white, and all the rest across the board are being targeted by a fascist police-state. We are not so different at all really, we the people that is, and we have a common enemy. Tyranny.

 

First they came for the communists,

 

and I didn’t speak out because I wasn’t a communist.

 


 

Then they came for the socialists,

 

and I didn’t speak out because I wasn’t a socialist.

 


 

Then they came for the trade unionists,

 

and I didn’t speak out because I wasn’t a trade unionist.

 


 

Then they came for the Jews,

 

and I didn’t speak out because I wasn’t a Jew.

 


 

Then they came for the Catholics,

 

and I didn’t speak out because I wasn’t a Catholic.

 


 

Then they came for me,

 

and there was no one left to speak for me.

 


 

-attributed to pastor Martin Niemöller (1892–1984) about the sloth of German intellectuals following the Nazis’ rise to power and the subsequent purging of their chosen targets, group after group.

Also see:

Papers Please (Checkpoint Video)

Papers Please Incident Makes Cops Looks Like Gestapo

-Captain Six

Racial Profiling or Bad Police Work? is a post from Cop Block - Badges Don't Grant Extra Rights

Follow up to “Parma Ohio. Arrested for exercising my rights”

Sunday, July 21st, 2013

Original Post describing the arrest can be found HERE

Official Ptl Ogradys account of my case:

On 20sept2012 at approximately 2059 hrs. I, Ptl. OGrady was responding S/B on Ridge rd.,conducting follow up regarding an unrelated B&E/ Theft, when I had occasion to interact with the DEF. While operating S/B on Ridge rd., I attempted a right, southbound turn onto Pearl from Ridge.

As I did so, I noted an individual attempting to “balance” on the curb, in a clear attempt to reach out in to the roadway as far as possible, holding a sign in the lane I was traveling in. This necessitated that I make a blind lane change, thus operating around the individual, in order to prevent a collision. I immediately did so and advised Ptl. Stavetski, who was following behind to be cautious of the turn as a male was holding a sign regarding the checkpoint in the lane of travel. I had actually gotten close enough to the individual that despite the low light conditions and the lack of a large sign was able to read what it said. I further advised radio that I would return to check on the male/advise him upon completion of what was expected to be a short follow up.

Upon checking the area just south of the incident for a possible suspect yielded negative results, I responded back to the intersection along with Ptl. Stavetski. As I was pulling up I noted a cruiser(later noted to be an auxiliary) complete a U-turn in an adjacent lot: clearly attempting to locate the male, but had not. As the Auxillary unit completed his u-turn, I noted the male “poke” his head out from behind a pole in what appeared to be a clear attempt, to ascertain the location of the police unit.

Upon apparently noticing the police cruiser heading back south, the male again stepped out and began displaying his sign in the traffic way: clearly unaware of other police units being within 20 or so feet of him and in clear visual sight.

Upon pulling up with ptls. Manzo and Stavetski, I made verbal contact with the male, and he immediately began to fold up his sign. I advised him that he did not need to fold up his sign. as I already read it and was not concerned of it’s contents but, was however concerned with his and the motoring public’s safety, regarding the manner in which he had chosen to display it. The male immediately took up a defensive posture and began stating that he did not recognize the “authority” of Police Officers nor, recognize the Constitution of the United States. I advised the male that those were non of my business and that while he was free to exercise any God or Constitutionally guaranteed rights, he would need to do it in such a manner as to not create a condition which presents a risk of harm to himself or others.

We further attempted to explain that all checkpoints have to be advertised and that, their purpose was in deterring not detecting intoxicated drivers so therefore we were really uninterested in his sign.

We were clearly not believed in our attempt to explain the issue to the male. At one point we even offered to get him a chair to sit in,away from the roadway, with a larger sign, and some water if he wished as long as he stay out of the road. While trying to explain this the male continued stating that his rights were being violated, that he did not recognize the laws of the U.S., nor officers ability to stop, id, nor detain any individual for any reason, as well as would continue displaying his sign in any manner he wished.

This was all stated in a highly agitated, angry manner while the male rotated between defensive and “fight” Posturing. As the male continued yelling, he was also advised numerous times to keep his hands away from his pockets and was requested to furnish his name/birthdate or social security number. The male continued ranting stating that he was being kidnapped along with making statements that the world should rid themselves of cops due to their enforcement of President Obamas “Nazi like plans”

Also noted during this time was that the male had difficulty with short term memory, had impaired motor functioning skills, was having difficulty with balancing and or standing still, had slurred speech patterns, an apparent excessively dry mouth, and an odor of an alcoholic beverage emanating from upon his breath.

Despite all of this, I continued to try to advise the male to calm down and even offered to get him a safe ride home as we noted him to be under the influence of alcoholic beverages as well.

The male refused all co operation, stated that he had been drinking, but was not intoxicated, repeated he would not be advising officers of his name nor furnishing ID, and refused to keep his hands away from his pockets as he stated he had no weapons on him was able to do as he wished being that he recognizes nothing which authorizes police officers ability to order anyone to do anything. I again attempted to reason with him, resulting in further utterances about being kidnapped and he had now placed his hands in his pockets. I subsequently advised the male to place his hands on the police cruiser for a pat down as his aggressive mannerisms, statements that officers should be gotten rid of, inability to comply with requests to keep his hands away from his pockets, all coupled with his posturing were clearly presenting and suggesting a threat to officers safety.

While completing the pat down, a lock blade knife was recovered from his right front pocket. Upon mentioning the knife, the male immediately stated “That’s the only law I broke tonight. That’s the only place where I screwed up.”

The male was advised that he would be receiving some citations from the incident however; officers would still be willing to give him a ride somewhere as long as a sober adult would be present and willing to provide for his welfare. The male stated he was neither calling anyone , nor going anywhere while still refusing to identify himself to officers for citation issuance.

He was informed he was leaving officers no choice but, to take him into custody and transported to the PPD Jail Facility. Upon arrival at the jail, the males identity was learned and he was subsequently cited.

While at the jail facility, attempts were again made to advise the male now identified as the DEF, as to the reason behind what occurred and how it could have been easily avoided but, were to no avail. These attempts were met by further anger and DEF stating President Obama and all cops should die because we are all nazis.

The knife was entered into evidence

PTL Ogrady.

Well Do I have questions!!!! Questions like:
1.How does man put both hands in his pockets if he is holding a sign?
2. How does a man, you obviously dismiss as intoxicated, able to take a defensive and then switch to a “fight” posture?
3. How do you let a man you believe to be a threat to officers safety, continue putting his hand in his pocket, continue through all the shit you said I did, and still be offered a ride home?????
4. If I’m on the curb how could I be in the roadway to necessitate a lane change when the speed limit is only 25?
5. What low light conditions? I was standing on the curb under a street light a stop light. Lights from the we buy gold place. It was so light out that when you pulled up, you never needed a flashlight to illegally search me!!!!!!!!!!!!!!
6. How long after you pulled up did your partners pull up, cause you all werent there at the same time. You showed up first and a few minutes later your buddies. How much of this supposed conversation of ours last before the other officers arrived?
7. How much of your account of what was said can actually be corroborated by the other officers there?
8. Why would an activist like me, who relies on the constitution to protect me from thugs like you, say that I didn’t recognize the authority of the Constitution?
9. So by the time you tryed explaining the purpose of checkpoints, how many officers were present? ( I contend that didn’t happen till I was in the cell when the officer later claims to try to explain himself to me and why this happened!)
10. You offered a chair? where were you goning to get it from?
11. How many times to you run into a hostile, what you percieve to be agressive male, that you feel officer safety is threatened by, that you then take exrtensive amounts of time to explain all this shit to?? Usually if officers safety is threatened don’t you pounce on the suspect? Or “Perp” as you like to refer to people as?
12. Not a question, but I was never offered any water, chair or any other comfort. There was a 1 minute conversation, between me and Ogrady, before he started asking for ID and patting me down when I said I wasn’t givin my ID!!
13. How many videos have we seen? How many times have you heard an officer ask for someones name/birthdate or SS#? NO! They imidiately ask for ID! And you expect us to believe that you asked for my name and not my ID?
14. Was it before or after I was in cuffs that I admitted to drinking and what did I admit to?? 1 beer!
15. How does one beer equal the state of total state of ineptitude and intoxication, you’d have us believe officer???
16. How does a person get away with saying to get rid of cops in front of cops who testify they fear for their safety, and not be takien down forcibly?? (Its because i never resisted! I gave in to a pat down willingly! I let you put handcuffs on me willingly!!!!!!)
17 How does someone that willingly, peacefully, surrenders to police that are violating his civil rights, be percieved as a threat? Wouldn’t someone who was ranting and raving all that shit WANT to fight with police? Or was the threat exagerated for the police report??? And to justify the need to ID the person?
18. “Also noted during this time was that the male had difficulty with short term memory, had impaired motor functioning skills, was having difficulty with balancing and or standing still, had slurred speech paterns, an apparent excessively dry mouth, and an odor of an alcoholic beverage eminating from upon his breath.” Does this person sound like a threat? Sounds sickly to me!!!! I’d be more threatened by a bottle of milk!!!!!!
19. “Despite all of this, I continued to try to advise the male to calm down and even offered to get him a safe ride home as we noted him to be under the influence of alcoholic beverages as well.” Despite all this you still had me in handcuffs at this time!!! Did you intend to take them off and let me go after all this?

I was never offered any water or chair or anything. There was no other officers present until I was already being patted down. When has ANYONE been in a similar situation, and let go? The whole offering a ride is complete bullshit! I was never asked nor did I ever state I had a weapon. I don’t consider that knife to be a weapon even if I was asked. To nme it’s a tool Just like you Ogrady!!!!!!!!!!!!!!!!!!!

And a jusdge bought this whole story!! Without hearing my side. Judge Gilligan, said to me” I believe every word of this statement”
DEO

Follow up to “Parma Ohio. Arrested for exercising my rights” is a post from Cop Block - Badges Don't Grant Extra Rights

Parma Ohio. Arrested for exercising my rights

Saturday, July 20th, 2013

This post sent in by DEO via our Submit feature

I was arrested in Parma Oh for protesting a checkpoint. I was on my way home from work one day, and I was headed to meet my girlfriend at our local watering hole for dinner. As I turned the corner from Ridge rd onto Pearl rd, I noticed them setting up a checkpoint in front of Chuppas market. Not wanting to be held up not sure weather it was set up 100% or not. I turned out of it and continued to the place on Snow rd.

Upon arriving and being the only voice of cop block in the Parma area at the time, I informed everyone in all the rooms of the bar, making sure I forgot no one, that the checkpoint was being set up and that everyone should go home another way. I informed the bartender, and everyone else including my girlfriend of my intention to go out and cop block the checkpoint.

We ate dinner, and I had a beer to drink with it. To be perfectly honest, I may have had a second beer, but didn’t finish it. I drink pints for those in Ohio that know they offer a monster 22 oz beer in most bars around here. lol We went home and about an hour later after making my sign which read “checkpoint ahead”, I went back to the neighborhood and parked my car in front of my friends house and gave him the keys. If I had to go to jail I didn’t want my car impounded on top of that.

I spoke to my friend to inform him of what I planned to do as well. He said he’d testify that I was completely sober by this time. As if a beer and a half could make a 6′ 280 lbs guy impaired anyway. It was already an hour and a half at least since I had anything! So then I set off walking down the road with my sign.

I went down to the corner of Ridge and Pearl in front of the “We buy gold” place. Stopping at the several bars that are on that stretch of road and announced the checkpoint to everyone in the bars. Incidentally, a couple weeks later, the gold place was on shipping wars!!! lol

I was standing on the corner of Ridge and Pearl on the side of the telephone pole that is there, and in between a telephone pole and red light pole, and reached the sign out over the curb so people could see it. It was a small sign, so I was worried people couldn’t see it. The position of the telephone pole allowed for me to stand on the side of it and reach my hand over the edge of the curb so people could see it.

After only a few minutes. 3 Parma cop cars came up Ridge and turned right onto Pearl with a vengeance. They were going faster than, if not trying to take the turn at the full 25 mph allowed. In my opinion they sere going faster than that, because their tire screeched as they went around the corner. I may have yelled “Go a little faster asshole!” As they went around the corner. I don’t remember specifically, but this is a common yelling of mine, when people come flying down my street in front of my house!!! lol I could have very well said that.

A few minutes later a cop car pulls up behind me and shines the light on me. Cop gets out of the car and I recognize him as the cop in the first car round the corner. He asks what I m doing? I say. “I don’t answer questions and (because I could tell by his posture, he was gonna make this difficult) I don’t consent to searches.” He asked for my ID. I said “Am I being detained? Or am I free to go?”

He said your being detained. I asked” For what crime?”
He said ” Your standing in the middle of the street obstructing traffic.”
To which I responded, “I wasn’t in the middle of the street and you know it!”
He said I know, but you were holding that sign out over the road obstructing traffic. You look like you can’t stand up straight. And your putting yourself in danger”

Now, I suffer from vertigo, and sometimes I lean one way or another. Anyone who knows what its like knows what I mean. He never had a chance to ascertain that, because he was already trying to make a case against me and approaching me as if searching me was a forgone conclusion. In my opinion, it was because Parma PD didn’t want me out there, spoiling their chance at makin a buck off some unsuspecting drivers. We all know they are no longer just looking for DUI suspects as was the original reason to go against the constitution to allow these types of checkpoints. Remember? They said “We are only looking for impaired drivers!” And everyone signed our 4th amendment rights away to keep drunks off the road!

I’m all for keeping drunks from behind the wheel, but how many are cops???? How many cops get DUIs? The answer is probably close to none! I know for a fact there is a Parma Pd officer that I used to see at the bar. I have seen him falling down drunk, get in his car and drive home from the bar!!! But that is hearsay and a little off topic! lol

Back to me and Officer Ogrady standing on the corner. So at this point Im thinking. He admitted there was no crime so why am I still being detained? The answer? I wouldn’t give him my ID! He didn’t like that so he manufactured probable cause so he could think, in his little mind, he’s justified in asking for ID. LEST WE FORGET!! I WASN’T DRIVING AND UNDER NO OBLIGATION TO CARRY ID!!!! I was trying to get my stupid fucking blackberry out of my pocket the whole time this is going on to record!

My phone at the time, a blackberry, kept resetting and Rebooting, which was taking a long time. The phone was a piece of shit so this happened a lot. I tried to wait. Before I left I charged it, which was why I was home so long before going out. I reset it before talking to my friend and by the time I announced the checkpoint at the second bar, it appeared to be working. A few minutes before the cop pulled up, I looked at it, because I was gonna record a little preface video of what I was doing, and the fuckin phone was rebooting again!!! So when he rolled up I kept trying to check the phone, and he kept telling me to take my hands out of my pockets, but desperately wanting to record, knowing I was about to be fucked with, I kept subconsciously slipping my hand back in my pocket.

I am not one to resist police, even when they lie and manufacture Probable cause on me, so I submitted when he started to pat me down. The pocket my phone was in was the left and I had my tactical folding knife on my right pocket.

I carried a knife with a window breaking point and a seatbelt cutter, because I was a truck driver. I felt safe knowing I could cut and break my way out of a truck if I had an accident. Not to mention cutting plastic ties all day long with the blade!!!

The knife in question is a USA design knife. It is marketed to police, firefighters and EMTs for exact same reason, and the exact same features. If you look at a picture of any cop, EMT or firefighter, they all have the same kind of knife clipped to their pockets as well!!! I will try to include a picture of it.

So anyway, he pats me down and finds the knife clipped to my pocket, and exclaims, “Now your goin to jail!!”
“For what?”
“Carrying a concealed weapon!!”
“So that’s what your going with? I fucked up by not leaving my knife at home? That I carry? Everywhere I go???”
“That’s what your gonna use as an excuse to arrest me?”

By this time, several other cars showed up, and there were 4 or 5 cops around me. I asked Ogrady, “SO now I’m under arrest?” He said yes, and I said, “So then I have nothing further to say to you!” He said,
“Are you ok, you look like your having trouble standing, you smell like a brewery, and I smell Marijuana.” I

I was insulted that he was gonna try to claim I was intoxicated, which I think he said at one point. I was livid and trying to hold my tongue. He asked how much I had to drink tonight. I told him I had one beer with dinner. He asked if I had any weed on me, and how much I had to smoke. I replied, “Did you find any? NO? Then I don’t have any do I!?”

At this point he walks me over to the police car and starts to put me in the back. He starts to frisk me again and goes right for my wallet. Of course because identifying me is very important. They have to be able to tag and harass activists into stopping their activism right? Start a file on me right? So I say again, “I don’t consent to searches!” To which he replies, ” No one ever does.”

He puts me in the back of the police car. Not his, cause hes a K-9 cop, so he had the dog in the car. In his buddies car. He shuts the door and they go pow wow a minute. He comes back after I had already invoked my right to remain silent and to have a lawyer present during questioning, and proceeds to ask more questions. I responded over and over again at this point, I have nothing to say to you! I have nothing to say to you without a lawyer!! I have nothing to say to you!!!!!!!!!!!!.

After the last one he stopped asking questions and they took me downtown. Downtown! haha. its not Cleveland! lol They took me to the Parma jail. They put me in a cell that smelled like piss, and I watched this lying pig, regaling his colleagues with his big arrest! Every cop that came in the room, he would tell what happened.

The room is sorta semicircled lung high countertop with the intake officers sitting on this side at a desk and the people comin in on the high side. So Im in the cell and he s telling his story. And every time he tells it, he is making a motion like hes holding a sign out over the road. And every time he tells the story, he’s reaching out further and further. Making it look like I was sticking the sign in front of the drivers faces! Like that would be even possible without getting run over!!!

So after about the third time, cause I’m staring right at his face looking him right in the eye for every minute of this bullshit, I yell out, “Your a fucking liar!!!! You piece of shit, you keep on exaggerating the story!!!! The truth is gonna come out in court bitch!!!” They basically ignore me tell me to pipe down. They don’t know who they got in there!!!!! lol I don’t pipe down. I keep yelling at him til I get it all out!

Then another officer comes from inside the jail and he’s tellin the story again. Only this time, he’s not using hand signals to describe it!! I hear the other cop ask, “How old is he??” As if to say, this guy is still protesting at his age?? (Its how I took it anyhow!) And they laugh a little when they realize im not some young punk! So I yell out, “Is there an age you stop fighting tyranny??!!”

What I get from him at that time is an unintelligible argument that starts by him saying how he fought for his country in Iraq, and don’t tell me about fighting tyranny until you stand in a forward unit. I fought for freedom he’s telling yelling at me at this point!! Which is interrupted by me yelling louder, you fought for oil you pussy!!! Aint nobody fought for freedom since WWII, and I even question that!!!

After a few minutes of back and forth on this subject, We go silent. He finishes the paperwork, and comes over to the cell and starts trying to talk quietly and personally with me. He starts with; “I just wanna explain my position to you. I fought for this country and I believe in your right to say what you want and that,” I interrupted him and said, ” You don’t have to explain your nothing to me! I don’t believe one fucking word that comes out of your mouth cause your a fucking liar!!

He then proceeds to tell me about how to get out of there. He says my bail is gonna be 800$, and that if I can have someone bring it down, I can get right out. At this point they let me out of the piss cell to go pee and use the phone. I turned to see above the cell I was in it said “Drunk tank” I laughed a little at that. lol I went piss, and used the phone to call my girlfriend, and see if she could get the money. She agreed and came down to pay. When she got there, they told her the bail was 8000$!!!!! So this fuck lied to me AGAIN!!!!!! She was not happy!!! She heard over the phone, cause I asked out loud what the bail was and she heard them say 800.

They started to do intake on me asking questions to which I was responding ” I refuse to answer til i talk to a lawyer. I refuse to answer til I see a lawyer” The poor guy filling out the forms was nobody in this giant machine, so I took pity on him after a few and started to answer. Questions like, have you ever thought about suicide? Ever want to blow up the white house? Dumb shit like that!!! They went to take my picture and I originally flipped em off, but the rookie gave me a “come one man” look and I relented! lol

I sat in the piss cell for a couple more hours while my girlfriend was bringing the money and all that. It was like 2 in the morning at this point. I had been taken in about 10. I had to piss myself, so I started asking to go. They changed the guards at this point so there was a woman intaking a prisoner. I said, “I gotta pee!!!” She said, “Were busy right now, Ill get to you in a minute.”

I really had to go so I asked again a few minutes later, and I had noticed there were 3 cops standing leaning on the semicircle counter top bullshittin. Again she said she was busy. I started to yell, “I GOTTA FUCKING GO!” She said, ” Go down the drain!” I yelled back, “WHY? SO YOU CAN CHARGE ME WITH SOMETHING ELSE??!! WHY CAN’T ONE OF THESE ASSHOLES HOLDING UP THE COUNTER LET ME GO??!!!

At that point I saw one of the assholes get mad in the eyes. He came over and jerked the cell door open and said, ” lets fucking go!!!” He took me, and I thought I was going to the same bathroom as before so as I started heading that way. Little angry man shoved me in the other direction. I almost lost my balance but being normally without the vertigo, so sure footed all my life, I got myself back up before I went down, and when I got up and stood up straight, I was kinda towering over angry little man, with a look like,” Go ahead mother fucker!! I need all the evidence I can get so I can sue you fucks when this is all over!!!!!!!!!!!”

Right then, a superior officer stepped between us, and directed me nicely to the bathroom with the shower. I didn’t know. I just wanted to pee. They wanted me to shower so they could put me in the jail coveralls, and put me in a bed til I could see the judge. I took a shower and came out to the superior officer, who asked if I ever been in jail before? I said I don’t have to answer that. He said he just wanted to know, so he knew how much he had to tell me about it. I said I got it dude! Don’t worry!! lol He put me in the cell and the light went out. The next day I woke to open door. And went outside and ate breakfast. Not that I ate much of their shitty food!! I just wanted to know when I could see the judge!!

This was September 20th I think. It was a Thursday, so luckily, I had in my mind that Id have chance to see a judge on Friday and ask that my bail be reduced to ROR. So I sat in the cell and was trying to contact my girlfriend and tell her to call a bondsman and all this. Eventually I saw the judge and convinced him that I have no record(in Ohio or within the last 22 years!! lol) and that trust me I WANT TO COME TO COURT AND PUT THIS LYIN ASS COP ON THE STAND!!!! the judge agreed I was no threat and let me go. My girlfriend picked me up and we went home.

So, a month goes by and I have to go to court. I have no idea how to get a lawyer or anything. I have no job now thanks to this, so I have to ask for a public defender. They have me fill out a financial indigent form. I do, and they approve it. Come back next month!

Another month goes by and its time to go back to court. I had gotten another job and had to take the day off to go to court. I told them why, and they told me not to come back. They didn’t need someone who was gonna be taking off to go to court for the next 6 months. O well, right?

So I go into court to meet with the public defender. He started right in on me about trying to take a plea. I started to tell him how I was innocent and I wasn’t takin no fuckin plea. This graduated into a shouting match between him and I. His name by the way is James Gallagher. He is the public defender for several courts in the area. Overworked, and not interested in every single case. A successful day for him was getting everyone to take a plea. Not an activist friendly guy.

As the shouting match continued, he began to tell me how he thought all his clients were guilty and then he took out the financial form and began questioning, in the third degree, about my income. To which I responded by asking him, “Are you gonna be my lawyer? or not? Because if not then my financials are none of your fucking business!!!! His response was to take the financial form back into the judge and have him have me fill it out again. I do, and since i have a job at the time, that I’m not eligible for the public defender. they said I wasn’t honest about my income on the form so fuck me right?

The problem was , I drive a truck. the questions on the form are how much do you make per hour. I don’t make an hourly. I get paid by the trip and the mileage. I had just started the job so I wasn’t sure how that would be breaking that down. I told the clerk about it and she said to just fill it out the best I could, so I tried to explain that on the form, and they accused me of lying on the form!! Then denied me access to the public defender. So the public defender, basically recused himself from the case by having me fill out the forms again. SCUMBAG THAT HE IS!!

So I went back in the court room and had to try to explain to an already pissed off judge, that I had to represent my self. He tried to talk me out of it and get me to hire a lawyer. Not having the resources and the fact that a lawyer would cost more than the fines levied, I told him I had no choice but to defend myself.

The Judge siad, ” You have a choice! You have a choice to hire a lawyer!” He was almost scolding at this point. I said, “Your honor. I have no choice because I am not financially able to hire a lawyer and you have denied me the public defender!” He said, “You have job” Or words to that effect. When I tried to explain about the job and the form and not being clear, i was cut off and he said to schedule the matter for pretrial, so I could talk to the prosecutor. I did and he wouldn’t listen to reason so we went back in the courtroom and the judge asked me, ” You couldn’t come to an agreement with the prosecutor? Did you have a chance to speak to him?” I said, I did, and he asked me, “Why don’t you just plead to a disorderly person charge and be done with this?” I said, “Your honor, if I was standing in the middle of the street drunk, I would believe me, but I did nothing wrong, so I can’t, in good conscience, take a plea for something I did not do!!!”

He said OK, Set it for trial. A couple months go by and I go back. Im going to trial, and the judge says, “Why didn’t you hire a lawyer?” I said because I lost my job because of this, and I can’t afford to. He then had me fill out the financial form again and reassigned the public defender. He asked why I hadn’t informed them of the lost job. I said I didn’t know. I said I thought you took it away, I didn’t think you’d give it back. He said”Well. Im sorry you don’t understand our system and that it’s above your comprehension, but fill the forms out again” I did and I went to talk to the public defender and he remembered the argument we had. We calmly talked about it, but I still didn’t trust him because of what he had said prior. He absentmindedly, I think, said that the judge was already annoyed at this case, or words to that effect, and I thought, “Is he pissed off because of me? Or is he pissed off that his officer put him in this position again?”

They set the matter back up for another day. I went home and started looking for free consultation lawyers. I found one name a Anthony Amato. I explained everything, and when I was explaining, i said, “I was cop blocking a checkpoint.” He said, “Whats that?” I explained and he chuckled. I said, ” I don’t know how to take that you find that funny?” He apologized and let me finished telling the story, interrupting occasionally, as lawyers to do, to find out if I was facing south north whatever.

In the explanation I told him, I was broke, and I needed someone to take the case pro bono, and that i wanted to fight until he told me he couldn’t win. I went to meet him at his office and we had a discussion about what happened and I introduced him to cop block. I showed him video I had taken before to demonstrate what exactly copblocking was. He seemed receptive to the idea. So I thought I found a winner!!

I showed him some picture s of the knife I had and he said, ” I don’t even know if that’s a weapon under the ordinance” He proceeded to look up the ordinance on his phone, but I had interrupted him to show the video, so he never, in my presence, finished looking it up. We ended the meeting and he said he’d look up the ordinance, and he’d see if the judge would reset it for pretrial, so he could try to file a motion to suppress. He said the public defender should have done that first thing. I told him about the shouting match and he said o I see.

Apparently, unbeknownst to me, you only have so much time after you are arrested to file such a motion. Or so Amato said. Anyway, the judge, allowed it and a pretrial was set. I went back and he said the prosecutor was offering a disorderly as a plea bargain. I never heard anything the lawyer ever said to the prosecutor. I never heard any of the conversations at all. (For all I know, the prosecutor, public defender, and my lawyer were in the same room at any given time, and the prosecutor and the Public defender could have been talking shit about me to my lawyer, which influenced his decision to plea.) I told him no, and they set the matter for trial. We went back in a month and my lawyer said he was gonna talk to the prosecutor again, and came back with the same offer.

I told him. “I told you I am not taking a plea unless you tell me you can’t win!” He said, ” I can’t win! I m gonna lose a motion to suppress, so I cant win the case.” So I said take the deal then, but I don’t like it. I did nothing wrong and if I wanted to take a fuckin plea I could’ve done that myself months ago!!!!! He said he knew that but it was a loser.

We went to sit in the courtroom and wait to be called. Before we went in I wrote a whole statement I told the lawyer I wanted to read on the record. He told me not to read ALL that. To condense it down, because the judge wasn’t gonna let me read all that. I can’t have my say in court???? WTF???

So we’re sitting there and I ask him, “Whatever happened to when you said you didn’t know if the knife was a weapon under the ordinance?” So he began to look it up on his phone, and I m thinking, “We are in court for a trial? And he has to look this up on his phone?? Why doesn’t he know this already??? Is he not prepared for a trial??? Was the idea to get me to plea from the get go??? WHAT THE FUCK???” So he looks it up and says, ” To me that’s not a weapon…. Not in my opinion…” So I say, “SO WHY THE FUCK AM I TAKING A PLEA HERE??????”

ALL RISE!!!!!!!!!!!!!!!!! Next thing I know I m taking a plea. I tried to plead no contest, which was my impression from the lawyer that I was to do. The judge says, “You can’t plead no contest you have to plead guilty” I turn to Amato and say What the fuck?? We never agreed to that?? I got a dumbfounded look. So I said fine guilty! I was so frustrated at this point! i could feel he was selling me out! Amato then said I wanted to say a few words.

I said”Your honor, I just wanna get it on record that I take this plea under protest. I did nothing wrong…” The judge then interrupted me and said, ” You did do something wrong!”
I said, “If you believe that bullshit police report!” He interrupted again and said, ” I believe it! I believe every word of this!” Then he started to read it aloud, and then, I tried to interrupt him to say that he hadn’t heard both sides of the story and how could he believe that when he doesn’t know the whole story.

I never got the chance. He read the verdict. and the sentence. I was condemned to 24 hours of community service in lieu of fines because I am still disabled and out of work, and with this disability, still unemployable!!

So Amato takes me downstairs to register for the community service, with me bitching in his ear the whole way!!! He sits me in front of a window and tells me he has to go. Just as I expect, when my name is called, there s a problem. All of a sudden I owe 300 dollars and not the community service. Amato was still there so he said, “Wait that s not right. He has community service.” They see the mistake and tell me I have to go to the probation window. Amato sits me down there and leaves.

The lady comes out the probation office and tells me I have to be on probation. I call Amato back and ask WTF??? Nobody said anything about probation!!! He tells me that he could come back and go back before the judge, but that the judge would only amend the sentence to include the probation. Frustrated with Amato and the whole process, I hung up on him, and I agree and sign probation papers, after a long discussion with the probation lady about my rights on probation, and do I lose the ability to own firearms, and do I lose the ability to vote, and am I subject to drug testing???

Side note here: I received a letter from the court in the mail today. Its now 36 hours community service!!! Whats it gonna be next week 42?????

She proceeds to tell me that he only reason I have to sign up for probation is cause that he way community service works. You have to, to be able to get community service as a sentence. She proceeds to tell me that even thought rules I have to initial and sign for state that I am NOT to possess firearms. That I am NOT use alcohol or drugs. (I’m 42 fuckin years old!! Im having a fuckin beer if I want!!!!) I am TO BE FULLY EMPLOYED OR LOOKING FOR WORK AND I HAVE TO PROVE IT!!!! I just told you Im disabled? She proceeds to tell me how they aren’t gonna be going after me about that stuff and that Im only on probation to complete community service, but I have to be on it 6 months regardless of weather I finish the community service or not!!! WTF????

I guess we’ll see how not strict they are about it when they raid my house and find our firearms!!!! Or when they want me to take a drug test right?????? Will keep you updated how that bullshit goes!!!!!!!!!!!!

Another side note: When I was preparing my own defense. I filed a proper motion for discovery from the prosecutor. When I asked him for it, he said the tickets I recieved was all there was. No dashcam, no nothing else. I was like what about the knife? No reciept for it? Just take your word you have it still? that is hasn’t been lost? How do I know the officer is not using it right now and has claimed it was lost in evidence? My lawyer Anthony Amato was able to obtain a police report in his discovery. Why was I not privy to that as well? I will include a picture of the police report Ogrady filed on the matter. It paints me to be ranting and raving like a maniac about how I don’t acknowledgs the police authority, or the judges authority, and that I think Obams should die and all cops should die, and how I renounce the constitution. Any activist worth his salt, depends on his constitutional rights, regardless of volentaryist status! Why would I be giving it up, I was fucking depending on it!!!!!

Sidenote II: I was charged with carrying a concealed weapon, obstructing police business. As I understand for not providing ID, and disorderly. The officer made sure to make a note that I was intoxicated with no test to prove it!

SO after all is said and done, I start to think about all the events and everything. I have more fucking questions than answers.
1. How did my lawyer not know about the weapon ordinance before the trial??
2. Why did he take the case after I explained that I wanted to fight and I explained the whole story?
3. Why did my lawyer not know about the stories I found about the Ogrady prior to the start of him appearing before the court?
4. Why did my lawyer not think those reports would be good to use in court? One describes officer Ogrady , violating the 4th amendment on another person by entering her house without a warrant and with out probable cause.
5.How can a judge make statement that he believes the police report, without hearing both sides, when a plea bargain was taking place?
6. How can a public defender recuse himself by making a defendant fill out a financial form again??
7. This cop apparently was fired before for misconduct. How does he get back on the force???
8. How can a judge read a sentence then amend it after the trial is over and the sentence read, then charge more hours 3 weeks later?
9. Why is there no recourse for me about not recieveing proper discovery?
10. Why was the judge upset about the case about? Me or the cop? And what did Amato hear about that?
11. How the officer charge that I am intoxicated without giving at least a breath test to confirm it?

I contend the officer had no PC to approach me in the first place. I have videos taken after the fact that show interactions with 2 other separate Parma officers, in which they also manufactured probable cause, because by the video, you can see I was doing nothing wrong to have to ID myself to them, yet they insisted. Rather than go to jail again, i complied under protest, as is evidenced on the video. To me this shows that officer Ogradys actions are the rule, not the exception. Amato didn’t think so, unless the video was of officer Ogrady. I have also after the fact, witnessed Ogrady speeding up State rd heading towards Pleasent Valley road. We were in the left lane behind someone, doing the speed limit, and he came up the right lane beside us and hit the gas and got it up to like 50 60. The speed limit is 35!! And he passed us on the right!!!!!!!!!!!!

Then he left his dog in the car while he was in a store getting his taxes done. He left his car running for the AC for the dog. I took a short video of the car running to show his disregard for the taxpayers dime filling his gas tank!!!

While I appreciate the AC for the dog, why is he getting his taxes done on the clock? After I took the video, he came out and took the dog out of the car and walked him. Trying to identify the person who was taking the video. Someone was sitting outside, and Im sure the little rat told him I took a video of his car and what I said about it on the video. Which was that he left the car running wasting taxpayer money on gas while he’s inside!!

I think this shows another pattern of this officers total disregard for the people hes sworn to serve, and the constitution he’s sworn to uphold!!!!!!!

If there are any lawyers out there ready and willing for this type thing, I would like to appeal, get this shit out and exposed!!!!!!!!

Among others. But these are most important to me!!!!

DEO
almost-exactly-what-I-was-carrying

Parma Ohio. Arrested for exercising my rights is a post from Cop Block - Badges Don't Grant Extra Rights

Interview With Nevada Cop Block Editor, Kelly W. Patterson, RE: “Second Saturday” Graffiti (Audio Clip)

Saturday, July 20th, 2013
Second Saturdays

Every Second Saturday of every month at 5pm. Meet us in front of the LMPD Headquarters Buildings on 400 S. Martin Luther King Blvd.

Below is the audio of an interview by Kelly W. Patterson, editor for NVCopBlock.org and member of the Sunset Activist Collective (SunsetActivistCollective.org) on the “Round Table Group” show, which is hosted by Jim Duensing and Sean Gruber regarding a citation the “Sunset 3″ received supposedly for graffiti while drawing on a sidewalk with (wait for it) sidewalk chalk, which really is nothing more nor less than an attempt by the LVMPD to keep us from exposing their crimes and in all likelihood will do nothing but backfire and create even more publicity.

On June 8th, while participating in Nevada Cop Block‘s monthly “Second Saturday” protest against police brutality at the headquarters of the Las Vegas Metro Police Department, three members of the Sunset Activist Collective, Kelly, Ballentine, and J.R. Dazo, were accused of doing graffiti while writing tributes to past victims of Metro, including Stanley Gibson; Eric Scott; and Trevon Cole, and bringing attention to the total lack of accountability within Las Vegas area police departments (not one cop has EVER been charged for shooting an unarmed/innocent person in the history of the LVMPD), and in fact throughout the country.

In this interview, Kelly discusses the general lack of any repercussions for local cops that murder people (and animals), the incentive to kill that the policy of rewarding those cops involved in shootings with multi-year paid vacations (something that Jesus Arevalo mentioned as a motivation for wanting to find an opportunity to shoot someone shortly before he did exactly that to Stanley Gibson) while their friends “investigate” those shootings represents, and the details surrounding the Second Saturday incident itself.

The full video from the incident with Metro during Second Saturday is available here: http://www.youtube.com/watch?v=iAj5MKHlPiY

The full broadcast can be found within the archives of the Round Table Group show at: http://www.blogtalkradio.com/freedomizerradio/2013/06/10/the-round-table-group, which is part of the Freedomizer Radio Network – http://www.freedomizerradio.com/.
Kelly W. Patterson

Interview With Nevada Cop Block Editor, Kelly W. Patterson, RE: “Second Saturday” Graffiti (Audio Clip) is a post from Cop Block - Badges Don't Grant Extra Rights

A very bothering moment in life being released off my chest

Saturday, July 20th, 2013

This post was sent to us via our SUBMIT feature

My record has been clean for 5 years. It would of been clean for way longer if the police never acted very unprofessionally. “Detective James Lave” is who I believe a creative thinker, a mastermind plotter, a corrupted leader who has his police friends following his thinking and actions. James believes in putting away bad guys in jail and stretching the law to do so wouldn’t be his concern knowing he is backed up by his friends. If I hadn’t of moved away from Des Plaines to California, I’m pretty sure detective Lave would of done something to hurt me and my family again.

It all started out long ago with my gang history. I was a former member of the so called notorious “Latin kings” street gang in which Det. Lave, Det. Bueno, and officer Bowler were very familiar with as these 3 men worked as a team to do whatever by any means even if they had to disobey the law to jail me. I got out the gang when I was 18 by just ditching out so then I was labeled as a gang “runaway”. A couple years later I was found by them in a van while I was walking to my vehicle on the northside of Chicago. They jumped out and beat me repeatedly then took my wallet with my ID.

Now they know where I live. These specific gang members that took my wallet are known to shoot at houses so i am prepared and detective Lave knows I am. I went to Des Plaines police and made a report of what happened and warned them that the gang will come back and try to shoot at my house. I remember looking at Detective Lave when I was telling the police officer at the front desk what happened so he was aware.

I had a ex girlfriend who confessed later on that she called Des Plaines Police and was transferred to Det. Lave. Her name is “Mariam Sleyano”. She told me that she told Lave I have multiple guns in my house and I am a former gang member that is very paranoid. She also made up a few other things to make me look real bad so that Det. Lave wouldn’t just disregard the guns. After Lave received the inside scoop from Mariam, he decided to take matters into his own hands by jailing me.

I don’t break the law no more like I used to when I was 18 and younger. I received a phone call threat in which I believe Mariam and Det. Lave probably had planned it. A private caller called me at 11pm on a Friday night and said that they would come by and shoot my house up with other latin king members. Me being young and stupid over the phone said “come by my house and see how many shells I can let loose on yous” Being armed with a .38 revolver on my property, I was waiting for the gang members to come by my house. 30-45 minutes later i noticed a Honda accord with no headlights coming down my street (1032 stockton ave des plaines 60018) headed east on stockton passing me up very slowly with the driver window cracked about 4 inches.

They kept going around the block. The 3rd time he went around my block, he stops in front of my house flashing the “Latin Kings” gang sign. and drives up about 10 feet. He then parks his vehicle on Koehler and Irwin which is the corner behind my house. I left my house about 30 minutes later thinking they were gone. I was armed for my protection. Making a right out of my driveway and a left on Koehler, I noticed the Honda being behind me now with no lights on. The driver makes a right on Howard and a left on Eastview then we see red and blue lights, all cops (Det Lave, Bowler and a couple others I couldn’t recognize) jump out with guns drawn telling everybody to get out of the car.

Bowler pushes my face in the back window of my friends SUV and kicks the leg that he knew I had a surgery on. With all the commotion and me realizing that I am about to go to jail for something that wasn’t supposed to happen, the pain didn’t bother me then. Bowler kicked me so hard in my bad thigh with steel rod and screws in it that I noticed I couldn’t walk up the stairs normally anymore after that. In the report they lied about everything to get the case to stick. I made no statement. My lawyer recommended that I do 1 year in the penitentiary because of the lies that sounded really good in the report.

The 2 people with me witnessed the corruption and how everything went down. While i’m fighting the case, at one time there was a weekend of getting harassed by Det. Lave, Bowler, Bueno and the “team”. Bowler stops his undercover ford explorer in front of my house w/ Bueno. Bowler then says “Who do you think you are bitch? You don’t think i’ll jump out and fuck you up?” I kept looking at him while i was taking steps back on my driveway knowing I couldn’t underestimate what he just told me. He jumps out very quickly and says “You think im playing with you? You think I won’t fuck you up right now? Come here!” He starts chasing me to my door.

As I enter the house and try to close the door, he gets a hang on the handle and is basically playing tug of war with me and my screen door. My mom is screaming now in the kitchen telling the police officer to stop it. His buddy Bueno grabs him and says “What the fuck are you doing!? Get back in the car before you get us fucked” Sargeant Kevin Hansen (#7734695842) from the U.S. Army who went to Iraq not once but twice is a very credible witness to that incident as he was right by my door telling Bueno to cool off and it wasn’t right what he just did. This incident was brought up to the mayor and State Police in which nothing was handled. The mayor told me to go into the station and talk to this one chief who is now fired for other corruption or so I believe.

The chief basically said that he would keep an eye out on his guys and that’s about it. The next day they came by my house late at night in a ford explorer again. Somebody yelled out of the window “Don’t let me catch you on the street because if I do I will beat the shit out of you” I called 9-11 right away and told the police about the undercover ford explorer yelling threats at me. A squad car comes about 15-20 mins later telling me off.

Time goes by after that and I did 2 months in the penitentiary for the 1 year bid so now i’m on parole. While on parole and basically on thin ice, I had a parole compliance check performed on my house a couple months later after being released . Somehow Det. Lave and Bueno were there too. Agent Hopkins was very very rude and mean. I tried to explain to Agent Hopkins my relationship with Lave so he would put 2 and 2 together but he wasn’t trying to hear it. They found a safe in my brothers room and asked him to open it. My brother says “You guys aren’t here for me you guys are here for my brother, I am not opening my safe”

They took us both down to the station. Hours later Detective Lave comes into the interview room and puts about a half ounce of marijuana (misdemeanor) on the table and tells me its mine. Now I get sent to Stateville NRC 24 hour lockdown because I am fighting the misdemeanor. NRC was hell, showers once a week, 24 hour lockdown, lunchable sized trays leave you starving daily, no razors or barber, etc etc etc etc.

I was fighting the case for 5 months in there and Det. Lave would never show to testify so he can stretch my time in there. At on point in the courtroom my mother did not recognize me. As soon as my friend told my mom that it was me, she fainted and hit her head very hard in the courtroom. They took me out and I had to reschedule the court date. 5 months of being there I had enough of Stateville NRC as I was really losing my mind in there. I decided to cop out to the misdemeanor charge so I can get sent to another penitentiary with all the regular privileges. I just wanted to live normal.

After copping out, I still ended up staying so there was no point in copping out. Did 5 months and a half and finished my parole time in there so now i’m free. It had to of been the 2nd day of me getting out. As I was leaving my house I noticed a regular squad car parked up on the east end of stockton facing my house. I made a left from my driveway onto stockton approaching the cruiser. I noticed it was Det. Lave and my heart dropped. I’m thinking that I just got out of jail and he wants to keep me in so he probably has something on him to plant on me.

I make a right onto shepherd and a right onto howard in order to go back to my house and he pulls me over. I was with a friend in the vehicle. Det. Lave came to my window and asked for my drivers license and insurance. I gave both to him. He went back to his squad car and stayed in there for over an hour. I told my friend that I was scared of Det. Lave and I have never in my life been waiting for a police officer to get back to me for over a hour being hemmed up. He told me not to jump out but instead to stay in the car and keep my cool.

Det. Lave then comes back to my window and tells me the computers were down. He then hands me 3 tickets and I leave. Everyday i’d leave my house I would make sure Det. Lave wasn’t around the area to harass me. When I go to court I noticed that it was the same exact judge that seen me not even a month ago while I was in a statesville penitentiary uniform fighting the case with Det. Lave. He notices me and Det. Lave and just drops the case right away. Nice coincidence.

Later on that year the police raided my house with a search warrant searching for that same 2×2 electronic combination safe that they found in my brothers room while I was on parole. They thought I still had it. They said that they were looking for marijuana in the search warrant. They never found anything but seized about $5,000 worth of electronics that I was refurbishing and selling on eBay which has been my job since I was 12 years old. They released me from the station with no charges. (Ebay id: electronicalneeds, electronicaloutlet)

Today after reading up on corruption from these officers that I just informed you about, I decided to bring up the past once again. I hope I get a response. I hope people actually read this long story and believe everything that I mentioned.

Jesse Lazar

A very bothering moment in life being released off my chest is a post from Cop Block - Badges Don't Grant Extra Rights

Mission Kansas Police Cavity Search Mom After Toddlers Drop Pebbles in Mail Slot

Monday, July 15th, 2013

On the evening of 3-16-2013 around 5 pm I was leaving the Mission Post Office. I had just put my two young daughters (Ages 4 & 2) in the minivan. While I was putting packages in the car, I was unexpectedly approached from behind by a female cop– Officer Michelle Pierce.

She stated, “I’m going to need your identification.” I asked her, “Why?” Again, she said, “Give me your ID.” I again asked her, “Why?” The third time she was more demanding & said, “GIVE ME your identification.” I then agreed that I would give her my ID but I wanted to know WHY first. I said “Okay, but why?” She still would not tell me. At that point, you can see what happens in the video. Without warning, she started walking towards me, twists my arm, starts cuffing me, flings me around & slams me on the ground while finishing cuffing me. At that point, Officer Tim Gift arrived & assisted her. They hurt me when they dropped me on the ground & also got my thumb stuck in the cuffs. You can hear my toddler age girls crying & screaming in the car as they took me down & throughout the hour or so they had me there.

Just to mention, the THIRD officer that shows up later was not mentioned AT ALL in the Police Report. They act as if he was NEVER even there. I later found out who the THIRD officer was due to a local senior citizen contacting me & telling me WHO he was. They knew because he had abused them as well. The third officer’s name was Tige Dean.

Out of ALL THREE Police Officers, NOT ONCE did ANY of them make an attempt to console my baby girls who were huddled in the car crying & watching all this out the window. My oldest actually thought they were going to SHOOT me. This has caused much trauma.

I kept asking them to call my husband to come get our scared children. They would NOT call my husband until much later. It’s like they were playing head games. I had asked (nearly BEGGED) many times for them to call their father, yet Tige Dean threatened he would take my kids away by CPS because they couldn’t get a hold of dad! Yet, they HADN’T EVEN ATTEMPTED to call him yet!

I later found out that the Postal Employee, Yvette Jenkins, called 911 after saying that I was yelling at her, kicking the door & throwing rocks at her through the mail slot! In reality, I was arguing with my husband on the cell phone in an EMPTY Postal lobby while using the automated machine. My bored toddlers dropped pebbles in the mail slot. You can also hear Yvette Jenkins say on the video while the cops are talking to her that the Post Office has protocol & that they asked me to leave. Yet ANOTHER LIE. She was actually in the back warehouse area where I couldn’t even see her & she NEVER came out to speak to me. I was leaving on my OWN ACCORD after I told my husband on the phone, “You can ship your own dang packages on Monday!” We have tried & tried to get the Post Office to give up the video footage but they say they have NO cameras, even though they have a sign in the lobby that says the premises are monitored.

I’m disgusted with The Mission Kansas PD. From the illegal CAVITY SEARCH, to horrifying my children, to the lies in the police report, lies from the post office, trumping up charges on me to cover their asses & then LYING again saying there was NO VIDEOS of anything– out of THREE police dash cams & a FEDERAL BUILDING (Post Office). We have ALSO been THREATENED by the Prosecuter of MISSION,KS himself–Mr. David Martin!!!

I explain more under the video description.

Truly, Catrina Engle

***Below Is A List Of Relevant Individuals & Their Contact Info***

Mayor of Mission Kansas
Laura McConwell
(913)676-8350
lmcconwell@missionks.org

Chief of Police
John Simmons
6090 Woodson Road
Mission, KS 66202
(913)676-8300

http://www.facebook.com/John.simmons.56808

Officer Tim Gift (Badge # 861)

http://www.facebook.com/Timothygift

Police Dept Main Line:
913-676-8300

Officer Michelle M. Pierce (Badge # 865)
Police Dept Main Line:
913-676-8300

Officer Tige Dean
(The bald cop who was NOT EVEN mentioned in the Police Report!)
Police Dept Main Line:
(913)676-8300

Mission Kansas Post Office
6029 Broadmoor St
Mission, KS 66202
(913) 831-5325
Store Manager: Mitch Bilyeu
www.facebook.com/mitchell.bilyeu
Post Employee who made FALSE REPORT to 911: Yvette Jenkins
www.facebook.com/yvette.jenkins.31

Lead Prosecutor of Mission (Who threatened us)
David Martin
11000 King St.
Overland Park, KS 66210
Phone (913) 469-4100
Fax (913) 469-8182

Governor of Kansas
Sam Brownback
300 SW 10th Ave,Ste 241S
Topeka, KS 66612
(785) 296-3232

Catrina Engle
Cdenglefam@gmail.com
My personal site with FULL LENGTH video.

http://catrinaengle.yolasite.com/

Mission Kansas Police Cavity Search Mom After Toddlers Drop Pebbles in Mail Slot is a post from Cop Block - Badges Don't Grant Extra Rights