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Campus Carry Arrest at Xavier

JediSkipdogg

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http://www.fox19.com/story/29413109/male-arrested-during-officer-kims-visitation


BB62 and COL, you going to go to his defense? And yes, that's a serious question. I don't see how he could have been arrested for that charge at all.

According to the Clerk's website they are really handing it to this guy....

http://courtclerk.org/case_summary.asp?sec=sched&casenumber=C/15/CRA/16535

$250,000 straight bond on an F5? I've seen F3s get out with a lot less than that, and I mean a TON less. The only other criminal history this guy has locally is unlawful sexual conduct with a minor (M1). That could be anything but seeing it was reduced to an M1 and he's not a sex offender, I'm thinking boyfriend/girlfriend with age difference over 4 years.

I will say what he did I think was stupid (due to the timing of it), and he most likely did commit a crime, but he did not commit the crime he was arrested for, charged with, and being held in jail on right now. I've read conflicting statements if Xavier is posted or not, but if it was, wouldn't it still only be civil trespass since all of this occurred in a parking lot? Other articles say the handgun was loaded, so I'm thinking if he violated anything he violated 2923.12, just normal everyday CCW assuming he didn't have a license.
 
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skidmark

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url for the clerk's record comes back as 404, even when copied in full (without the ellipses).

stay safe.
 

color of law

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Before me personally came Det. Joe Ruchti P736 (Cincinnati PD) who, being duly sworn according to law, states that on or about
on or about the 25th day of June, 2015, at Cincinnati, Ohio, Kamaron Lyshe, did** On 6/25/15 at approximately 1550 hours Kamaron Lyshe transported a fIrearm onto the property of Xavier University, against posted signage. Lyshe was observed by the affiant and Special Agent Frank Occhipinti (ATF) exit the driver's seat of his vehicle, open the rear driver's side door to retrieve a fIrearm which he subsequently placed in his waistb while concealing his body in the rear driver's side door jamb from a passing marked patrol car. Lyshe then returned to the drivers seat and remained in the vehicle. The affiant then requested CPD Response team PO Dan Brockman and PO Matt Waters respond to initiate a terry stop based on the affiant's observations .. A loaded Ruger Handgun was recovered from Lyshe's person by PO Brockman. Norwood PD also responded to intiate an investigation due to the offense occurring within the Norwood City limits. This offense occurred on Xavier University's property during the funeral of Cincinnati PD Police Officer Sonny Kim.

Location of offense 3658 Herald Ave, Norwood Ohio 45212

Sounds fishy.
 
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Baked on Grease

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Concealing his body behind a vehicle door jam... a two, maybe two and a half inch door jam... that's one skinny dude to pull that off.

Fishy indeed.
 

deepdiver

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No, School safety zone applies to K-12 only. Colleges do not fall anywhere under 2923.122.

If that is accurate then it should be a slam dunk dismissal of Count 1 of the charges on the charging sheet you posted:

Count 1: ILLEGAL CONVEYANCE OR POSSESSION OF A DEADLY WEAPON OR DANGEROUS ORDNANCE IN A SCHOOL SAFETY ZONE 2923-122A ORCN
Count 2: CARRYING CONCEALED WEAPONS 2923-12A2 ORCN
 

rightwinglibertarian

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As I said this case is fishy. The guy is 25. Other than traffic violations, at age 18 was guilty of UNLAWFUL SEXUAL CONDUCT, a misdemeanor.

This is why I hate mainstream media. The spin makes me sick. I don't care what he did in 2009. Point is he was assaulted and kidnapped for exercising his rights and i'm betting the judge will uphold the illegal so called law banning firearms on campus. Sounds to me like we need several thousand to converge on that location and OC. United we stand, together we fall
 

Werz

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No, School safety zone applies to K-12 only. Colleges do not fall anywhere under 2923.122.
If that is accurate then it should be a slam dunk dismissal of Count 1 of the charges on the charging sheet you posted:

Count 1: ILLEGAL CONVEYANCE OR POSSESSION OF A DEADLY WEAPON OR DANGEROUS ORDNANCE IN A SCHOOL SAFETY ZONE 2923-122A ORCN
Count 2: CARRYING CONCEALED WEAPONS 2923-12A2 ORCN
The second count is new, presumably coming out to the grand jury. If there is sufficient evidence that the handgun was concealed, then Lyshe has a problem:

"A valid concealed handgun license *** does not authorize the licensee to carry a concealed handgun into any *** premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle[.]" R.C. 2923.126(B)(5).
 

JediSkipdogg

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Interesting that the first charge made it through grand jury. The second charge doesn't surprise me but I would think that would be hard to prosecute since he stayed at the vehicle. Therefore his defense can be he was in the process of locking it up in the front of the vehicle.
 

color of law

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Interesting that the first charge made it through grand jury. The second charge doesn't surprise me but I would think that would be hard to prosecute since he stayed at the vehicle. Therefore his defense can be he was in the process of locking it up in the front of the vehicle.
Not if he does not have a CCL.

I see fruit of the poisonous tree. I don't see that the cops had any reasonable suspicion of a crime about to be committed.
 

JediSkipdogg

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Not if he does not have a CCL.

I see fruit of the poisonous tree. I don't see that the cops had any reasonable suspicion of a crime about to be committed.


Another news article advised he did he have a CHL. However, the indictment does not seem to mention that and acts as if he didn't. So I'm wondering if it was suspended.
 

color of law

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Another news article advised he did he have a CHL. However, the indictment does not seem to mention that and acts as if he didn't. So I'm wondering if it was suspended.

If that's true (CHL) that adds to this case as having a foul odor, fishy.

I have personal experience with Cincinnati prosecutors. They have no values. They will lie to the court and they don't care. They will sell their soul to the devil for a win. And the worse part is the court will not sanction them when caught.
 

Werz

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Another news article advised he did he have a CHL. However, the indictment does not seem to mention that and acts as if he didn't. So I'm wondering if it was suspended.
The possession of a concealed handgun license is an affirmative defense. Lack of a concealed handgun license is not an element of the offense, so there is no reason to mention it in the indictment.
 
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