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For those who cannot, or chose not to access the link provided, here is a summary, provided by the wife of the charged (with disorderly conduct and obstruction of official business) man:
"“I am Harleys&Guns wife Cathy and I would like to clear a few things up if I may. My husband was charged with Obstruction of Official Business because he was Open Carrying in WalMart when a police officer approached him and I and immediately demanded to see his CHL. My husband told him that OC did not require a CHL. He then demanded to see a state issued ID from him, and my husband immediately verbally identified himself to the cop. As a matter of fact, the cop demanded to see a state issued picture ID 3 or 4 times and each time Bill verbally identified himself and finally he produced a drivers license at about 33 seconds into the encounter according to the video tape of the encounter. You can clearly see him handing the drivers license over to the cop at approximately 33 seconds. He then informed us that WalMart was posted no guns and my husband corected him and even the store security people told the cop that he was wrong.
Then my husband was asked to hand his gun to the cop and he instead turned and raised his right hand out of the way to allow the cop to remove his gun as my husband told him that unneccessary handling of a loaded firearm was unsafe. The cop took the gun out and attempted to clear it (Model 1911 Colt Defender) and when he didnt know how to clear it he then told my husband to clear it and hand it back to him. My husband refused, as a litle while earlier, the cop told Bill that he was fully trained in firearm handling when Bill asked if he had ever handled a 1911 before. Bill then said that since you are a fully trained expert, clear the gun yourself cause In not touching it. Bill was then placed under arrest for disorderly conduct. At the police station, the cop told me that he was arrested for obstruction for taking too long to produce a photo ID when demanded to by the cop, and was arrested for disorderly for having the audacity to look the cop in the eye when talking to him (cop said that was a threatening maneuver on my husbands part, and that Bill was loud in the store causing a scene, but my husband has some hearing loss in the left ear, and he normally tallks louder and moves his hands when he talks and talking louder is pretty normal for people with hearing loss)
At the suppression hearing, the cop said under oath that me or my husband was doing nothing wrong and there was no reasonable articulate suspicion that we were either going to commit a crime, had committed one, or were in the process of committing one. Our position is that the Terry stop was non consensual as the cop first approached us and demanded to see Bills CHL. The judge never even ruled if the stop was legal or not, she just stated that the cop was allowed to demand to see a state issued ID to see who he was dealing with and that if an ID made him feel better, then that was all she was concerned with.
So now, we wait for a court date and fight it out in court.
A few of you on here know Bill and Im sure that noone here would ever think he would do anything illegal. He was complying with the cops order to "ID yourself to me" by verbally Id ing himself, but that was not near good enough for the cop, although the Ohio Supreme Court says differently, due to the RAS not being met.
There is more that will come out at the trail, but I dont wanna say too much more than I have already, but I definitely felt the need to try to clear up a few things and to let you guys know that Bill is NOT someone who goes around looking for trouble or breaks laws(OK maybe he speeds a little but thats about it) Please keep us in your thoughts and prayers that this ends in a good way for Bill and that he gets justice in a town thats known for doing things their own way."
This incident occured in December, 2010 and is just now getting to trial.
Originally Posted by Yiteurp
