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Thread: Oath honoring sheriff arrested

  1. #1
    Regular Member 77zach's Avatar
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    Oath honoring sheriff arrested

    http://www.wctv.tv/home/headlines/Li...210152161.html

    Surely there is more to this story. LEO officials this high do what want, when they want, to whomever they want and usually get away with it for a long time.

    Although I wouldn't be surprised if it's true in this case because the sheriff is actually promoting the freedom and welfare of his county instead of harassing and collecting. By my limited research, gov Scott could encourage the state to take a fall in Norman v. Florida and doesn't care at all. He is doing nothing to reign in his brown shirted and mathematically challenged commissarina, Pam Bondi, so this is consistent with his track record so far on gun rights.
    Last edited by Grapeshot; 06-06-2013 at 10:03 PM. Reason: Edited title
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  2. #2
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    UPDATED 7:20pm
    by Julie Montanaro

    Sheriff Nick Finch has declined to comment on his arrest. His attorney, Jimmy Judkins, released the following statement:

    "The records at the jail show exactly what happened in this case and the records speak the truth. The sheriff looked at the facts and said 'I believe in the second ammendment and we're not going to charge him.' That is not misconduct at all. That is within the Sheriff's perogative whether to charge someone or not."


    ************************************************** ****above from link

    I think its fine he releases a guy ... if he can then toss records relating to the arrest? People might complain the citizen would lose records that could aid him in a 42 usc 1983 suit ...

    Still thinking about this one...

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    Source: Constitutional Attorney (KrissAnne Hall) Youtube

    --------------------------------------------------------------------

    Support for Liberty County Sheriff Nick Finch - Facebook Site

    https://www.facebook.com/SupportForL...eriffNickFinch

    ------------------------------------------------------------------

    The New American Article - June 07

    http://www.thenewamerican.com/usnews...cond-amendment
    Last edited by seminoles1999; 06-08-2013 at 03:29 AM.

  4. #4
    Regular Member 77zach's Avatar
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    I have no problem with him falsifying records for arrests that are immoral and/or unconstitutional. That said, I would instruct my deputies not to detain or arrest anyone peacefully carrying weapons.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  5. #5
    Regular Member 77zach's Avatar
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    Re: Oath honoring sheriff arrested

    http://www.thecountyrecord.net/archi...d-sheriff.html

    There was a rally for the purported non-pig oath honoring sheriff Finch in Tallahassee.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  6. #6
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by 77zach View Post
    I have no problem with him falsifying records for arrests that are immoral and/or unconstitutional. That said, I would instruct my deputies not to detain or arrest anyone peacefully carrying weapons.
    I get the feeling there is bad blood between the deputy, and the suspended sheriff, or he would not have stirred the pot with the state.
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  7. #7
    Regular Member We-the-People's Avatar
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    Is there anything new on this case?
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  8. #8
    Regular Member 77zach's Avatar
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    Quote Originally Posted by We-the-People View Post
    Is there anything new on this case?
    http://www.clarionledger.com/article...nclick_check=1
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  9. #9
    Regular Member We-the-People's Avatar
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    So typical of the state, they try to "disposition" the case by filing charges then offering a plea to avoid court.......and in a case like this I have to believe it's because they think they're on shaky (at best) ground.

    If the sheriff was truly doing the right thing he needs to hold them accountable and demand his trial! If he takes ANY plea at all the state will spin it to "we got the bad guy".
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  10. #10
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    Quote Originally Posted by We-the-People View Post
    So typical of the state, they try to "disposition" the case by filing charges then offering a plea to avoid court.......and in a case like this I have to believe it's because they think they're on shaky (at best) ground.

    If the sheriff was truly doing the right thing he needs to hold them accountable and demand his trial! If he takes ANY plea at all the state will spin it to "we got the bad guy".
    Have you seen any of the evidence in this case? Statements from multiple SO employees documenting the Sheriff's alleged illegal activity. Unless they are all lying under oath, it looks bad for the Sheriff.

  11. #11
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by notalawyer View Post
    Have you seen any of the evidence in this case? Statements from multiple SO employees documenting the Sheriff's alleged illegal activity. Unless they are all lying under oath, it looks bad for the Sheriff.
    Evidence can be manufactured and is quite often manufactured in corrupt bureaucracies. Considering that the man (Sheriff Finch) is standing on his principles and was upholding the Constitution, I would put far more credence into his statements than any manufactured evidence.....particularly at this point where "evidence" need not meet the rule of law but only promote the spin being put on the story by those who want to oust the Sheriff.

    Here's a short quote of the Sheriff post arrest, during an interview:

    "TNA: What can you tell me about the man, Floyd Eugene Parrish, that you released from the holding cell?

    Sheriff: I didn’t know him before I saw him in the jail that day. I know a member of his family, but not well. When I ordered him released from the holding cell I say that he has a right to carry a gun under the Second Amendment, and so I let him go.

    TNA: What prompted you to take that step?

    Sheriff: My beliefs and my stand on the Second Amendment.

    TNA: Going forward, is there a time you might give up this case?

    Sheriff: Never! I will take this case all the way to the Supreme Court."


    http://www.thenewamerican.com/usnews...ever-back-down


    FURTHER: Here is the affidavit supporting the arrest warrant. If you read it, you'll notice a LOT of people quoted the Sheriff as saying "I support the second amendment".

    The last paragraph of the affidavit reads:

    "Based upon the aforementioned information, your affiant has probable cause to believe that Sheriff Finch did violate Florida Statute 838.022, Official Misconduct by concealing, by covering up, destroying, mutilating, or altering the official arrest record or official document of Floyd Parrish or causing another person to perform such an act, with the corrupt intent to obtain a benefit for another person."

    Here's the affidavit:
    http://media.graytvinc.com/documents...st+Warrant.pdf


    And Florida Statute 838.022 reads (in pertinent part....the very first part)

    "(1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to:"

    Statute: http://www.lawserver.com/law/state/f...atutes_838-022

    As the Sheriff's stated intent was that he believes in and will defend the Second Amendment, AND that the affidavit supporting his arrest lists multiple "witnesses" as giving statements that that is why he was releasing the arrested individual, there is no "Corrupt intent" and therefore no probable cause let alone evidence to support an arrest and conviction under 838.022. Then again, Holder and other corrupt members of the "justice" system don't particularly care about the law, only advancing their political agenda.

    From everything I've seen, heard, and read, the Sheriff is RIGHT and should persevere!!!!
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  12. #12
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    Quote Originally Posted by We-the-People View Post
    Evidence can be manufactured and is quite often manufactured in corrupt bureaucracies. Considering that the man (Sheriff Finch) is standing on his principles and was upholding the Constitution, I would put far more credence into his statements than any manufactured evidence.....particularly at this point where "evidence" need not meet the rule of law but only promote the spin being put on the story by those who want to oust the Sheriff.

    Here's a short quote of the Sheriff post arrest, during an interview:

    "TNA: What can you tell me about the man, Floyd Eugene Parrish, that you released from the holding cell?

    Sheriff: I didn’t know him before I saw him in the jail that day. I know a member of his family, but not well. When I ordered him released from the holding cell I say that he has a right to carry a gun under the Second Amendment, and so I let him go.

    TNA: What prompted you to take that step?

    Sheriff: My beliefs and my stand on the Second Amendment.

    TNA: Going forward, is there a time you might give up this case?

    Sheriff: Never! I will take this case all the way to the Supreme Court."


    http://www.thenewamerican.com/usnews...ever-back-down


    FURTHER: Here is the affidavit supporting the arrest warrant. If you read it, you'll notice a LOT of people quoted the Sheriff as saying "I support the second amendment".

    The last paragraph of the affidavit reads:

    "Based upon the aforementioned information, your affiant has probable cause to believe that Sheriff Finch did violate Florida Statute 838.022, Official Misconduct by concealing, by covering up, destroying, mutilating, or altering the official arrest record or official document of Floyd Parrish or causing another person to perform such an act, with the corrupt intent to obtain a benefit for another person."

    Here's the affidavit:
    http://media.graytvinc.com/documents...st+Warrant.pdf


    And Florida Statute 838.022 reads (in pertinent part....the very first part)

    "(1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to:"

    Statute: http://www.lawserver.com/law/state/f...atutes_838-022

    As the Sheriff's stated intent was that he believes in and will defend the Second Amendment, AND that the affidavit supporting his arrest lists multiple "witnesses" as giving statements that that is why he was releasing the arrested individual, there is no "Corrupt intent" and therefore no probable cause let alone evidence to support an arrest and conviction under 838.022. Then again, Holder and other corrupt members of the "justice" system don't particularly care about the law, only advancing their political agenda.

    From everything I've seen, heard, and read, the Sheriff is RIGHT and should persevere!!!!
    The Sheriff gets to decide what laws to follow and which ones to violate just as we all do. Destroying evidence, if that is what happened, can never be supported by a belief in the Second Amendment. Once an arrest is made, and the facts show this was the case, the Sheriff has no legal authority to alter evidence of that arrest, period.

    If the Sheriff had such a powerful belief in the Second Amendment then he should have instructed his deputies not to make any arrest for gun possession. That would have been legal discretion on his part. Attempting to cover up the arrest after the fact by destroying evidence is illegal, period. It does not matter why.

    "Based upon the aforementioned information, your affiant has probable cause to believe that Sheriff Finch did violate Florida Statute 838.022, Official Misconduct by concealing, by covering up, destroying, mutilating, or altering the official arrest record or official document of Floyd Parrish or causing another person to perform such an act, with the corrupt intent to obtain a benefit for another person.
    Black's Law Dictionary: Corrupt Intent means doing something with the full knowledge that it is illegal.

    So it is alleged that the Sheriff had full knowledge that it was illegal to destroy/alter evidence and he did it to obtain a benefit of another person.

    Based on the facts released so far, I support his arrest and removal from office. IF proven in a court of law, he needs to spend some time in prison.

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