Results 1 to 18 of 18

Thread: New hope in a weary world

  1. #1
    Regular Member rapgood's Avatar
    Join Date
    Jan 2012
    Location
    Bothell, WA
    Posts
    565

    New hope in a weary world

    I just got a call from a prospective client who drew his pistol in self-defense last year and was arrested for it. Kudos! to Renton where the prosecutor objectively evaluated the facts, determined that the act was self-defense, and is now returning the pistol to the defendant who was not charged.

    Now, if only another local municipalities would cease their knee-jerk reactions of criminally prosecuting those who simply are exercising their constitutional and natural rights... Sigh...
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  2. #2
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    New hope in a weary world

    I think I know the guy...
    Live Free or Die!

  3. #3
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,611
    That is great news.

    Did he suffer any loss/harm for which he may be justified in seeking compensatory damages?

    Are punitive damages on the table?

    Hate to see someone win, but be the lesser for it.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  4. #4
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    New hope in a weary world

    Quote Originally Posted by gogodawgs View Post
    I think I know the guy...
    I do... spoke with him a bit ago....
    Live Free or Die!

  5. #5
    Regular Member
    Join Date
    Mar 2009
    Location
    Long gone
    Posts
    2,575
    A bit of common sense how refreshing.
    Throw me to the wolves and I will come back leading the pack.

  6. #6
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Now he has an arrest record though ... going to expunge that?

  7. #7
    Regular Member Schlepnier's Avatar
    Join Date
    May 2011
    Location
    Yelm, Washington USA
    Posts
    419
    Keep up the good work rapgood.
    +thought for the day+
    ++victory needs no explanation, defeat allows none++

  8. #8
    Regular Member rapgood's Avatar
    Join Date
    Jan 2012
    Location
    Bothell, WA
    Posts
    565
    Quote Originally Posted by davidmcbeth View Post
    Now he has an arrest record though ... going to expunge that?
    Sadly, there is no provision in Washington law that allows the record of an arrest to be expunged. The only respite from an arrest record is to sue the ever-living sh*t out of the arresting LEO, if the arrest itself was made without probable cause.
    Quote Originally Posted by Schlepnier View Post
    Keep up the good work rapgood.
    Thanks, but I get no credit for this one. It was the prosecutor who was keeping up the good work in this case.
    Last edited by rapgood; 07-29-2013 at 01:41 PM.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  9. #9
    Regular Member GreatWhiteLlama's Avatar
    Join Date
    May 2007
    Location
    Bothell, Washington, USA
    Posts
    287
    Quote Originally Posted by rapgood View Post
    I just got a call from a prospective client who drew his pistol in self-defense last year and was arrested for it. Kudos! to Renton where the prosecutor objectively evaluated the facts, determined that the act was self-defense, and is now returning the pistol to the defendant who was not charged.

    Now, if only another local municipalities would cease their knee-jerk reactions of criminally prosecuting those who simply are exercising their constitutional and natural rights... Sigh...
    Details, back story, news article, etc.?

    I'm curious as to the circumstances that would lead to an arrest but not prosecution.
    "...our media are palace eunuchs gazing avidly at the harem of power and stroking their impotent pens in time to the rape of our liberties."
    -Sarah Hoyt

    "America is at that awkward stage; it's too late to work within the system, but too early to shoot the bastards."
    -Claire Wolfe

  10. #10
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    New hope in a weary world

    Quote Originally Posted by GreatWhiteLlama View Post
    Details, back story, news article, etc.?

    I'm curious as to the circumstances that would lead to an arrest but not prosecution.
    He is a member here on OCDO I will see if he wants to post...
    Live Free or Die!

  11. #11
    Regular Member rapgood's Avatar
    Join Date
    Jan 2012
    Location
    Bothell, WA
    Posts
    565
    Quote Originally Posted by GreatWhiteLlama View Post
    Details, back story, news article, etc.?

    I'm curious as to the circumstances that would lead to an arrest but not prosecution.
    Sorry. Wish I could give more details, but the Rules of Professional Conduct don't let me say more. If he wants to jump in and tell his story, that's entirely up to him.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  12. #12
    Regular Member tombrewster421's Avatar
    Join Date
    May 2010
    Location
    Roy, WA
    Posts
    1,329

    New hope in a weary world

    Quote Originally Posted by rapgood View Post
    Sorry. Wish I could give more details, but the Rules of Professional Conduct don't let me say more. If he wants to jump in and tell his story, that's entirely up to him.
    Correct me if I'm wrong but there was a thread about the incident after it happened right. Not sure if he had it deleted though.
    Guns don't kill people, bullets do!

  13. #13
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    New hope in a weary world

    Quote Originally Posted by tombrewster421 View Post
    Correct me if I'm wrong but there was a thread about the incident after it happened right. Not sure if he had it deleted though.
    No this member had not posted anything on this particular event.
    Live Free or Die!

  14. #14
    Regular Member
    Join Date
    Feb 2012
    Location
    Kent
    Posts
    747
    Quote Originally Posted by rapgood View Post
    I just got a call from a prospective client who drew his pistol in self-defense last year and was arrested for it. Kudos! to Renton where the prosecutor objectively evaluated the facts, determined that the act was self-defense, and is now returning the pistol to the defendant who was not charged.

    Now, if only another local municipalities would cease their knee-jerk reactions of criminally prosecuting those who simply are exercising their constitutional and natural rights... Sigh...
    Renton is the same agency that used the obviously unconstitutional cyberstalking law in that case of the officer creating those online animations making fun of problems in the dept. Remember that one?

    I can just say in my agency, which is also in WA, we routinely deal with average joes using their firearms in self defense. Just the other day, I had a man hold a burglar at gunpoint in his garage until we arrived. Ironically, the burglar herself called 911 and told us to hurry up . she was afraid of getting shot! She didn't fear us. She feared the homeowner. GOOD!

    The overwhelming majority of self defense gun uses I've responded to were without shots fired, which matches the national statistics. Ime, CCW'ers are exceptionally restrained and capable in their use of force with the firearm and in their decision to shoot or not shoot.

    If anything, they are sometimes too restrained. I had one case where a guy literally executed another guy lying on the ground by emptying his semiauto into the man lying on the ground. The CCW'er got his gun out but by that time he could see the man's slide had locked back indicating he was out of ammo. He let the man walk off vs. issuing an order to stop and if he had issued an order to stop and it had been ignored, there's not a jury in the state or a prosecutor imo that would have ANY problem with him shooting the guy. He clearly represented a danger to society and under our deadly force law (and tenn v. garner) it would have been the kind of fleeing felon that he was justified to shoot.

  15. #15
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666
    Quote Originally Posted by gogodawgs View Post
    No this member had not posted anything on this particular event.
    After talking with the member and getting his permission to share I will relate the story as I know it....

    First, he is an active and respected member on this board.

    He was at the Safeway gas station in Renton getting gas and between other cars when a car came up alongside his and the driver of that car was in a hurry and then became upset with others that the line was not going fast enough....

    After getting gas the OC member got back out of his car to get the receipt... and then returned to his vehicle. The other driver was acting more and more upset and at that time got out of his car and came towards the OC member as he was getting back in his car. At this time there was a car in front of and behind the OC members car and the upset drivers car was along side... effectively limiting exit routes.

    Instead of getting stuck in his vehicle and being attacked the OC member exited his vehicle (he was CC at this time, coming from school) after a small verbal exchange the driver kept coming towards the OC member. At this time fearing for his safety, the OC member drew his firearm from the CC position and told the driver to back down....

    911 was called and the OC member's firearm was taken for evidence.....

    That is really all that I know....
    Live Free or Die!

  16. #16
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    Well,,,

    Glad the legal stuff came out in his favor, but
    He could have avoided an arrest record, and kept himself safer too.
    He could have/should have, got in/stayed in, his car,,, windows up, doors locked, till he was able to drive away.
    He still could use his gun to defend himself from the safety of his vehicle if needed!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  17. #17
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Quote Originally Posted by 1245A Defender View Post
    Glad the legal stuff came out in his favor, but
    He could have avoided an arrest record, and kept himself safer too.
    He could have/should have, got in/stayed in, his car,,, windows up, doors locked, till he was able to drive away.
    He still could use his gun to defend himself from the safety of his vehicle if needed!
    Sorry but when you're all locked up nice and tight in a vehicle you have absolutely no options available to you to escape. Someone could merely stand back and fill the vehicle with holes should they be so inclined. I'd rather face my potential attackers outside where I have room to maneuver or even escape.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  18. #18
    Regular Member acmariner99's Avatar
    Join Date
    Feb 2010
    Location
    Renton, Wa
    Posts
    662
    I'm guessing this was the Safeway on 4th? (If so that is practically my backyard). I think he did the right thing, apparently the Renton DA thought so too. People really ought to have a little more patience.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •