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Thread: Exercising in a public park while armed = "Suspicious"

  1. #51
    Regular Member Fallschirmjäger's Avatar
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    Chris,

    The criminal case has been “nol prossed,” meaning the case against you has been dropped. It’s off the calendar and you do not have to go to court Thursday or next week (or ever).

    John Monroe
    The civil suit naming Hanna, Bell and Dantzler is still going forward of course.

  2. #52
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    Congrats on the case being dropped! Good luck with your civil rights suit.

  3. #53
    Regular Member Fallschirmjäger's Avatar
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    Another "Attention Hoe" just trying to capitalize on the notoriety.
    I won't go back to the park, not 'till things are settled.

  4. #54
    Regular Member Fallschirmjäger's Avatar
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    A monetary offer was made on behalf of Plaza Security and its employee Reid Hanna to drop Mr. Hanna from the civil suit. Said offer was accepted with a conventionality agreement of a small penalty to be paid should the details be released to third-parties without permission.

    The civil suit against Officers Adam G. Bell and Rodney Dantzler is still proceeding.

  5. #55
    Regular Member davidmcbeth's Avatar
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    Quote Originally Posted by badey View Post
    Congrats on the case being dropped!
    I dunno, I always argue against a nol of a case. It does not dispose of the case, it just removes it from the docket. The DA can re-file anytime.

    Every-time I had objected to a nol, the case was dismissed voluntarily with prejudice ...

    A nol is a favorable outcome but not a permanent outcome until the SOL runs out. Have trouble again and it will be re-filed.

  6. #56
    Regular Member Fallschirmjäger's Avatar
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    The County Solicitor's opinion was that there was "insufficient evidence to prove guilt beyond a reasonable doubt" and unless additional evidence surfaces (unlikely) that shouldn't change.
    Subsequent to that opinion and in light of the recent depositions of Reid Hanna, Adam Bell, and Rodney Dantzler, the only evidence is that my conduct was strictly in accordance with the law and Gary Pirkle Park rules.
    Nolle Proequi document available HERE I'm particularly pleased to note the Solicitor's hand-written notation. I believe it's indicative of the Solicitor recognizing WHY the incident occurred in the first place.
    Last edited by Fallschirmjäger; 09-27-2012 at 01:48 PM.

  7. #57
    Michigan Moderator Big Gay Al's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    The County Solicitor's opinion was that there was "insufficient evidence to prove guilt beyond a reasonable doubt" and unless additional evidence surfaces (unlikely) that shouldn't change.
    Subsequent to that opinion and in light of the recent depositions of Reid Hanna, Adam Bell, and Rodney Dantzler, the only evidence is that my conduct was strictly in accordance with the law and Gary Pirkle Park rules.
    Nolle Proequi document available HERE I'm particularly pleased to note the Solicitor's hand-written notation. I believe it's indicative of the Solicitor recognizing WHY the incident occurred in the first place.
    Did they confiscate your weapon? If they did, did you get it back?
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    Quote Originally Posted by Big Gay Al View Post
    Did they confiscate your weapon? If they did, did you get it back?
    Good question. OP, good luck with your case!!!

  9. #59
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Big Gay Al View Post
    Did they confiscate your weapon? If they did, did you get it back?
    It was seized immediately upon being detained by Officer Adam Bell, and then searched without my permission by Officer Rodney Dantzler. Confiscation officially occurred during the course of the arrest for "safe keeping".

    I had to make two separate trips to retrieve my pistol and ammunition; apparently the Gwinett County police department is under the impression that people intent on nefarious deeds aren't capable of thinking ahead and bringing ammunition with them when they go to pick up firearms held for safe-keeping. One good thing came of it though, since I didn't immediately see the magazines included with the pistol and thinking they were with the ammunition, I went ahead and got two new magazines (something I had been planning on, but putting off.)

    The settlement check arrived yesterday, I'll be putting a few dollars into getting the car repaired, some plumbing done, a new pair of shoes, and that new FN SCAR I've had my eye on is now easily affordable.
    Last edited by Fallschirmjäger; 10-01-2012 at 07:57 PM.

  10. #60
    Regular Member Fallschirmjäger's Avatar
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    An offer to remove Plaza Security's employee Reid Hanna from the civil suit has been made and accepted. As part of the agreement, the exact nature of the payment must remain confidential upon a $100.oo penalty.

    Now that it is part of discovery and the Gwinnett County defense attorney's are in possession, I can't see any reason not to release the audio of the incident.
    (Note that the audio file is too large for Google Drive to check it for viruses, but it should offer the ability to download. File size should be just over 48k.)

    AUDIO- Gary Pirkle Park 20APR12 (excluding first 20 minutes of heavy breathing).MP3
    Last edited by Fallschirmjäger; 10-01-2012 at 03:03 PM.

  11. #61
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    An offer to remove Plaza Security's employee Reid Hanna from the civil suit has been made and accepted. As part of the agreement, the exact nature of the payment must remain confidential upon a $100.oo penalty.

    Now that it is part of discovery and the Gwinnett County defense attorney's are in possession, I can't see any reason not to release the audio of the incident.
    (Note that the audio file is too large for Google Drive to check it for viruses, but it should offer the ability to download. File size should be just over 48k.)

    AUDIO- Gary Pirkle Park 20APR12 (excluding first 20 minutes of heavy breathing).MP3
    Awesome...I wish I could make this recording my ring tone.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by Fallschirmjäger View Post
    It was seized immediately upon being detained by Officer Adam Bell, and then searched without my permission by Officer Rodney Dantzler. Confiscation officially occurred during the course of the arrest for "safe keeping".

    I had to make two separate trips to retrieve my pistol and ammunition; apparently the Gwinett County police department is under the impression that people intent on nefarious deeds aren't capable of thinking ahead and bringing ammunition with them when they go to pick up firearms held for safe-keeping. One good thing came of it though, since I didn't immediately see the magazines included with the pistol and thinking they were with the ammunition, I went ahead and got two new magazines (something I had been planning on, but putting off.)

    The settlement check arrived yesterday, I'll be putting a few dollars into getting the car repaired, some plumbing done, a new pair of shoes, and that new FN SCAR I've had my on is now easily affordable.
    Engrave a pair of tactical socks on the SCAR grips.

  13. #63
    Regular Member Baked on Grease's Avatar
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    Re: Exercising in a public park while armed = "Suspicious"

    "You've got the cutest eyes." I definately burst out laughing at that one.

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    "A Right Un-exercised is a Right Lost"

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  14. #64
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    it certainly didn't help that you were soo rude to the security officer. that could have went down a lot differently if you werent so confrontational and rude to the guard. He seemed like a nice guy, and he just wanted to know if it was legal or not.

    it seems if you were respectful of the guy, and politely explained to him its legality. then he probably would have understood and left you alone. or maybe had a nice conversation about guns, and why you carry.

    of course being rude isnt an excuse to lose your rights.

  15. #65
    Regular Member osmanobma's Avatar
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    Quote Originally Posted by Baked on Grease View Post
    "You've got the cutest eyes." I definately burst out laughing at that one.

    Sent from my SCH-I800 using Tapatalk 2
    i think he said "thighs"

  16. #66
    Regular Member Fallschirmjäger's Avatar
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    Had security guard Paul Hanna been respectful in the first place, perhaps asking "Is it legal to carry openly" instead of his accusatory opening of "I don't think you can" which implied I was a criminal then perhaps the company he works for wouldn't have had to make an offer to settle.
    I'm not terribly fond of implications that my behavior is criminal. Don't make such implications and we'll get along famously.

    The same goes for Officer Adam Garth Bell and the other responding officers, had they treated me with respect by a) not detaining me without cause, b) not either making misrepresentations of the law through ignorance or telling outright lies, c) not attempting to evade answering questions, or d) refusing to answer my questions then we wouldn't be where we are today. Treat me with respect and I'll do the same to you.
    Last edited by Fallschirmjäger; 10-02-2012 at 07:00 AM.

  17. #67
    Regular Member self preservation's Avatar
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    On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  18. #68
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by self preservation View Post
    On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?
    Corporal Kimsey's statements leave me somewhat confused as to exactly what his "good faith" was in reference to. At the time there wasn't any suspicion that I had been trespassed from the park (one will note that immediately after the "good faith" statement Corporal Kimsey left to speak with security guard Paul Hanna.) At the time the only thing I could be accused of and that the Supreme Court would agree I was doing was openly carrying a firearm. I'm not going to be the one to say I wasn't since I most certainly was carrying a firearm in an open and honest manner.

    I also fully identified myself (not that it's required by state law, but you always want to be cooperative when you're surrounded by a half-dozen, nervous armed men) in a manner that the Supreme Court had no problem with in Hiible v Sixth Judicial District Court of Nevada.

    Quoting from Wikipedia "In United States constitutional law, the good-faith exemption (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule.

    The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (bona fides) reliance upon a defective search warrant — that is, they had reason to believe their actions are legal (measured under the reasonable person test).

    The rule was established in the two companion cases decided by the U.S. Supreme Court in 1984: United States v. Leon (468 U.S. 902) and Massachusetts v. Sheppard (468 U.S. 981). The exception permits the courts to consider the mental state of the police officer."


    As Corporal Kimsey was not executing a search warrant, it is my gut feeling that Corporal Kimsey heard the phrase "good faith" during some training and latched on to it as a totem to excuse any less than exemplary conduct.
    Last edited by Fallschirmjäger; 10-02-2012 at 05:22 PM.

  19. #69
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    GCPD released the audio of the initial call earlier today -

    http://www.youtube.com/v/IlUXUHgYn0g...6fmt%3D18&fs=1
    What in the f**k is "black police style socks"???????????? I have black socks that I wear to work. So am Iwearing "police socks"?? I also wear a pair of black boots...so are they "military" boots??
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  20. #70
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by self preservation View Post
    What in the f**k is "black police style socks"???????????? I have black socks that I wear to work. So am Iwearing "police socks"?? I also wear a pair of black boots...so are they "military" boots??
    Yes and, yes.
    Congratulations, you're now in the "suspicious person" category any time you go outside your house.
    Here's a photo of the same clothes the short, dumpy dwarf was wearing at the time of the incident -

    dang fisheye makes me look two feet shorter, I'm really 4'6 not 3'6.

  21. #71
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    Just finished listening to the audio, good job on answering their questions as required by law.

  22. #72
    Regular Member papa bear's Avatar
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    Quote Originally Posted by osmanobma View Post
    it certainly didn't help that you were soo rude to the security officer. that could have went down a lot differently if you werent so confrontational and rude to the guard. He seemed like a nice guy, and he just wanted to know if it was legal or not.

    it seems if you were respectful of the guy, and politely explained to him its legality. then he probably would have understood and left you alone. or maybe had a nice conversation about guns, and why you carry.

    of course being rude isnt an excuse to lose your rights.
    the security guy did seem to be OK. but, he did call the police before he talked to the OP. if you listen to the call in tape he was asking if it was legal. i don't think he told them he needed them. but i could be wrong
    Last edited by papa bear; 10-04-2012 at 12:50 PM.
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  23. #73
    Regular Member Logan 5's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    Yes and, yes.
    Congratulations, you're now in the "suspicious person" category any time you go outside your house.
    Here's a photo of the same clothes the short, dumpy dwarf was wearing at the time of the incident -

    dang fisheye makes me look two feet shorter, I'm really 4'6 not 3'6.
    Do you have a federal license to be that short?







    (I say that in jest, as I am 5'2" and heavy as well)
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    Exercising in a public park while armed = "Suspicious"

    Quote Originally Posted by self preservation View Post
    On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?
    That the officer knowingly was relying on the courts citing "good faith" as an excuse not to make sure he was acting appropriately is, in itself, bad faith!


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  25. #75
    Regular Member Cubex DE's Avatar
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    Quote Originally Posted by badey View Post
    Just wanted to let you know that this incident made it onto the 3rd hour of Armed American Radio this past week.
    I went and found the direct link to the show episode:

    http://armedamericanradio.org/2012/05/5-27-2012-hour-3/
    Jesus thought it was more important to be armed than well dressed:

    Then said He unto them, But now, he that hath a purse, let him take it, and likewise his
    scrip: and he that hath no sword, let him sell his garment, and buy one.~Luke 22:36

    (Emphasis mine.)

    (Note that the word "garment" here refers to an outer cloak, equivalent to today's sport coats or
    suit jackets in that they both provided warmth and conveyed a certain level of sophistication.)

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