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Thread: Homeowner called in as burglar, forcefully detained, then charged with resisting

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    Homeowner called in as burglar, forcefully detained, then charged with resisting

    http://www.ksbw.com/news/carmel-air-...#ixzz2zCXiZ7r1
    Sorry if this has already been posted. I didn't see it in this forum. Also, if it fits better somewhere else please feel free to ask an admin to move it.

    What do you all think? Would you be willing to show proof that you lived there? If not, how would you expect an officer to look into a "prowler" if it wasn't you outside? I would LOVE to have video of this encounter.

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    Regular Member Yaki's Avatar
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    I live in Salinas and followed this story. As of last week their was no resolution so the case is so another hearing next month i believe.
    The DA is going to fold I just think their trying to save face.
    I hope he get the charges dropped or if a trial is aquitted.

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    A clear case of a scared over zealous leo and a prosecutor protecting the department and the evil doing of this officer..

    The homeowner should file charges in federal court for racial profiling against prosecutor and law enforcement agency..

    File civil and criminal chargers.. Criminal being the assault of the homeowner on homeowners property...

    Are these corrupt prosecutors going to continually allow these untrained over zealous law breakers to escape from justice?

    " Evil man can only survive when honest man stand by an do nothing".... Where are all the honest man? Clearly we know where the evil ones exist.

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    Campaign Veteran since9's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    He'll get an Article 15, demoted to 2nd Lt. and booted out with a RE2 discharge code. He thinks being in the service helps promote freedom in this country ~ he does not understand the role of the military too well."
    As a retired member of the military, your comment tells me your own understanding of the military is sadly lacking. While an officer's career may screech to a halt if they're convicted or even charged in a civil matter, it's not a given. Furthermore, no member of the military is subject to courts-martial nor non-judicial punishment (Article 15) for civilian matters.

    Specifically, "A court-martial has no power to adjudge civil remedies. For example, a court-martial may not adjudge the payment of damages, collect private debts, order the return of property, or order a criminal forfeiture of seized property" (Rule 201. Jurisdiction in general, U.S. Manual for Courts-Martial, 2012, Part II, Chapter II, p. 9). Both courts-martial and NJP (Article 15) are limited to offenses "made punishable by this chapter," meaning the chapter governing jurisdiction. The UCMJ recognizes double-jeopardy, or as they call it, "Former jeopardy" (§ 844. Art. 44.): "(a) No person may, without his consent, be tried a second time for the same offense." Finally, Part V, "Nonjudicial Punishment Procedure" specifically states: para "1.f.(5) Civilian courts. Nonjudicial punishment may not be imposed for an offense tried by a court which derives its authority from the United States."

    So...

    Can he get an Article 15 for this civil matter? No.

    Can he be demoted to 2nd Lt. for this civil matter? No.

    Can he be dismissed from the service for this civil matter? No.

    The forum is fairly lax in most matters except legal. When it comes to legal matters, you should never state anything as fact unless you have the verifiable resources which back it up.

    Back to the real issue, Monterey County Deputies really screwed the pooch on this one, and the sick, twisted DA's office went back for sloppy seconds. I'm with countryclubjoe on this one. This is a clear case of law enforcement gone wrong, with the DA's office abusing their authority to cover the Deputies' butts. Aquino should file both civil and criminal charges in federal court for racial profiling, assault, unlawful detainment (what the deputy said), unlawful arrest (the fact he was handcuffed, trespassing... Essentially any and all violations of his civil rights.

    As it is, Monterey looks pretty stupid right now, and their continuing stupidity will hurt their economy as sane, rational people steer clear of their buffoonery. They may only see it as a decline in tourism and either quantity or quality of influx, but the results will be felt, including lower tax revenues, disproportionate lowering of property values, lower median incomes for workers and lower net worths for those moving to the area.

    This kind of stupidity has the power to destroy vacation towns. While I don't think Detroit-level destruction will happen as the result of this one incident, California in general is awash in the stupidity of similar actions. They're in debt up to their eyeballs and the best and brightest are fleeing the state to greener pastures.
    Last edited by since9; 04-30-2014 at 04:47 AM.
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    Monterey County District Attorney prosecutors are pressing misdemeanor charges against Aquino for resisting arrest and obstructing a peace officer. Aquino has a pretrial hearing on Wednesday

    Read more: http://www.ksbw.com/news/carmel-air-...#ixzz301mZgwE1


    Beyond a civil matter ...

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Beyond a civil matter ...
    Perhaps you're unfamiliar with the term?
    This isn't a 'civil matter' as in a civil suit, this is a 'civil matter' as in a matter of civilian rather than military jurisdiction.

    IF it is 'beyond a civil matter, then perhaps you would be so kind as to list the Article of the Uniform Code of Military Justice he would face a martial court under?

    Since9 is correct, you are .... well...
    Last edited by Fallschirmjäger; 04-26-2014 at 05:24 PM.

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    Quote Originally Posted by Fallschirmjäger View Post
    Perhaps you're unfamiliar with the term?
    This isn't a 'civil matter' as in a civil suit, this is a 'civil matter' as in a matter of civilian rather than military jurisdiction.

    IF it is 'beyond a civil matter, then perhaps you would be so kind as to list the Article of the Uniform Code of Military Justice he would face a martial court under?

    Since9 is correct, you are .... well...
    OK..but don't you think that an officer found guilty in the civilian world of a crime the military is just going to say "he's punished enough?" Not how it works.

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    Regular Member Fallschirmjäger's Avatar
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    And you served for how many years, David?

    Please; don't tell me "how things work" when you haven't the experience and others do.

    The military doesn't just say, "We don't like what you did, we're taking a rank or three." They have ...... rules.
    Last edited by Fallschirmjäger; 04-26-2014 at 06:42 PM.

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    http://www.ksbw.com/news/central-cal...opped/25705076


    Charges were dropped, still needs to file civil and criminal charges

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    Quote Originally Posted by Fallschirmjäger View Post
    And you served for how many years, David?

    Please; don't tell me "how things work" when you haven't the experience and others do.

    The military doesn't just say, "We don't like what you did, we're taking a rank or three." They have ...... rules.


    Sure they have rules, procedures, etc. like in the civilian world except its even worse for the defendant.

    We'll see what happens...the guy will be found guilty of something and the UCMJ will pound his butt again !
    Last edited by davidmcbeth; 04-28-2014 at 11:12 PM.

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    Regular Member Red Dawg's Avatar
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    Personally, what I have seen and read, the Deputy was way wrong. The guy was at his own home, and DID identify himself, a \nd the fact he lived there. The fact that he even SHOWED an ID is in his favor. How often are we out and about with no id on us. Especially at our own home, out in our yard. I carry nothing with me, and am only wearing my clothes. Someone cite a statute or anything saying that you have to show or ID yourself at your own home. Complete crap.

    As an aside, the Military CAN punish him under the uCMJ if they so choose. They COULD use the general article (34 I think) or conduct unbecoming of an officer. Stranger things have happened, but not likely. I have seen troops get ready to be punished while on terminal leave for retirement, for reckless driving speeding. Some of the SNCOs wanted to bring him in, and take away his retirement.
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    does this case remind anyone else of that boston professor and cop situation that obama had the beer summit with later on? same thing where a neighbor thought he was breaking in and called the cops. homeowner got rude and was detained/arrested. I dont know why military people have to inject that "im in the military" into everything. Oh ok, because said you're in the military, i dont need to see your ID and should take you at your word. I was discussing motorcycles with a guy last week (i just got a CVO road king), anyway, he said it was a POS and he couldnt afford one then later said how he is an ex marine that was wounded while carrying out 3 other marines....... apparently that gives his opinion on motorcycles more credibility.

    Anyway..... why didnt he just give the cop his ID that showed his address? military guys also do this stupid thing all the time and show civvies a military ID when a DL is requested. Use your military ID for the military and your DL for your daily ID use. We arent used to looking at military IDs. I used to work in car rental and they would do that all the time.

    At any rate, it does sound like the cop overreacted but i feel like the guy brought some of it on himself. You can get locked out, be prowling around trying to find a window open and have the cops called on you fairly easily im sure. Just laugh it off and show the cop your ID/address. He was called because someone else reported you and has to figure out what's going on. The only way for him to be sure you are the owner/resident is with a photo ID with an address or ID/bill.

    It does seem excessive to charge him and continue to press the issue.
    Last edited by Kopis; 04-29-2014 at 02:13 PM.

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    Quote Originally Posted by Red Dawg View Post
    I have seen troops get ready to be punished while on terminal leave for retirement, for reckless driving speeding. Some of the SNCOs wanted to bring him in, and take away his retirement.
    Sounds as insanely stupid as both a cop and the DA charging a homeowner after barging into the man's home by mistake. What's next? Slamming into another driver then charging them for reckless driving?

    These are the kinds of cases where sane judges gather everyone together before saying, "Are you people out of your damned gourds???"

    Pass the popcorn.
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    Regular Member OC for ME's Avatar
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    Charge the cop with trespassing, assault and battery while armed with a deadly weapon, unlawful restraint, and terrorist acts (the victim is in the military).....Patriot Act, perhaps? Get a judge to have the cops drag the nitiwt who called the cops and charge him with conspiracy to commit terrorist acts as well as false report, harassment, and anything else that can be thought of.

    Splash the cops name all over the interwebz and let the public know that the cop is a rights abusing thug.

    Anyway, another case of cops never believe what is clearly evident before their eyes.
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    Regular Member DaveT319's Avatar
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    Quote Originally Posted by Yaki View Post
    I live in Salinas...
    I'm sorry. I lived there my whole life until a year and a half ago, and couldn't wait to leave at the end. The gang violence alone was enough to make me want to leave; the asinine state politics just helped solidify the decision. Moved to Oregon and have never been happier.

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    Regular Member solus's Avatar
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    Quote Originally Posted by Red Dawg View Post
    Personally, what I have seen and read, the Deputy was way wrong. The guy was at his own home, and DID identify himself, a \nd the fact he lived there. The fact that he even SHOWED an ID is in his favor. How often are we out and about with no id on us. Especially at our own home, out in our yard. I carry nothing with me, and am only wearing my clothes. Someone cite a statute or anything saying that you have to show or ID yourself at your own home. Complete crap.

    As an aside, the Military CAN punish him under the uCMJ if they so choose. They COULD use the general article (34 I think) or conduct unbecoming of an officer. Stranger things have happened, but not likely. I have seen troops get ready to be punished while on terminal leave for retirement, for reckless driving speeding. Some of the SNCOs wanted to bring him in, and take away his retirement.
    tis a kinder and gentler volunteer military service now and as previously commented on, unless the speeding etc., occurred on post/base UCMJ does not prevail and to take away their retirement would require a less than honorable discharge and sorry Article 15 punishment would not prevail for this kind of discharge. you have been feed a line!!

    FYI it is article 133, conduct unbecoming an officer and gentleman. applicable to only officers of the uniformed services since, by law, they are appoint by congress to their rank.

    Article 134, general article is the catch all which applies to all uniformed service members:
    Quote: Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. unquote http://www.law.cornell.edu/uscode/te...t-us_code_tabs

    while not privy to your particulars of your point about the urban legend(s) of commands putting out the word that even "if you are on terminal leave, you are still subject to the UCMJ" to scare their personnel to behave and not get into mischief ... but i have never heard of a command pursuing any type of UCMJ activities unless the event was flagrant and on military facilities.

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    Regular Member solus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Sure they have rules, procedures, etc. like in the civilian world except its even worse for the defendant.

    We'll see what happens...the guy will be found guilty of something and the UCMJ will pound his butt again !
    once again, whatever you have eaten has affected your mental faculties severely...

    actually, UCMJ is better for the military defendant by providing clear cut guidance for everyone to follow in 10,subtitle A. http://www.law.cornell.edu/uscode/text/10/subtitle-A

    no tremendous volumes of statutes from fed, down to state, down to county, down to municipality, etc. just one volume service members must follow including the prosecutors and judges.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  18. #18
    Regular Member Fallschirmjäger's Avatar
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    Well, since Monterey County District Attorney Dean Flippo has requested that all criminal charges be nolle prosequi'd, David's prognostication that he'd be 'found guilty of something' is looking mighty foolish.
    Last edited by Fallschirmjäger; 05-11-2014 at 05:31 PM.

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