No jail for Folklife shooter

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FailAttorney
FailJudge
FailCity

The attorney should be disbarred, the judge removed.

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Based only on what we have read in the article, what would it take to get this appealed and/or overturned ?

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Difficult if not impossible.

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There are several points that would have to be resolved:

1. Incompetence by defense counsel (given by his actions)

2. Failure to represent the client's best interest. ( also a given)

3. Collusion with the court ( nearly impossible to prove)

4. Bias on the part of the judiciary ( possible by statements made by the judge in the course of his personal life, but still very difficult. )

5. Recant his "confession" ( difficult if not impossible after conviction)

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M1Gunr wrote:

Based only on what we have read in the article, what would it take to get this appealed and/or overturned ?

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Most appeals are based of new evidence or objections that are on the record.

In very rare cases an arrest of judgment can be filed.

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M1Gunr wrote:

Grainger was also ordered to continue treatment for heroin addiction.

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Gotta play devils advocate here. Does this sentence raise any flags? It sounds like he was already on treatment for HEROIN, but they may have been treating him for the 78 days he was incarcerated. If he is a heroin addict, that kinda worries me, the same way a drunk with a firearm worries me. I know he had a permit, and that he had no intention of shooting anyone when he showed up, but there is no Tox-Screen mentioned in the article, so he was probably clean at the time of the shooting, but you puta gun in an addicts hands and you have... an armed addict. I don't feel any sympathy for him, sorry. I would like to see him get better council, and I know the system worked him over, but a heroin addict with a gun is a bad combination. Now, if I am out of line and he has been clean for years, so be it. One more issue, he was carrying a concealed weapon, and got into a scuffle, ok, could happen to anybody right? Here's my other problem, how did the gun get involved if he didn't attempt to draw it? It was on his ankle, thats pretty tough to notice, unless you know the weapon is there, which may have been the case as they called the aggressor an "acquaintance". But if I am concealed, nobody knows I am carrying, hence "concealed".If this has been covered already, let me know and I'll shut up.

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flyin_ryan wrote:

It was on his ankle, thats pretty tough to notice, unless you know the weapon is there, which may have been the case as they called the aggressor an "acquaintance". But if I am concealed, nobody knows I am carrying, hence "concealed".If this has been covered already, let me know and I'll shut up.

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Maybe he was wearing shorts with his ankle holster? :lol:

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heresolong wrote:

flyin_ryan wrote:

It was on his ankle, thats pretty tough to notice, unless you know the weapon is there, which may have been the case as they called the aggressor an "acquaintance". But if I am concealed, nobody knows I am carrying, hence "concealed".If this has been covered already, let me know and I'll shut up.

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Maybe he was wearing shorts with his ankle holster? :lol:

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Maybe but they did state it was concealed, and it sounds like he wasn't open carrying. But who knows?

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M1Gunr wrote:

http://seattlepi.nwsource.com/local/377123_folklife30.html?source=rss

No further jail for Folklife shooter Can't even write a headline factually
Plea deal mandates community supervision, accepts time served

By LEVI PULKKINEN
P-I REPORTER

A Snohomish man charged in the shooting of two people at the Northwest Folklife Festival won't see further jail time for the incident.

Clinton Chad Grainger, who spent 78 days in jail following the May 24 shooting, was sentenced to time served Friday after pleading guilty to two counts of third-degree assault.

Grainger had initially faced a more serious second-degree assault charge, which could have carried a nearly four-year prison term. Prosecutors reduced the charges as part of a plea deal, granted in part because the shooting did not appear to have been intentional.

In King County Superior Court, Grainger's attorney, Kearney Lee Hammer, told Judge Michael Trickey his client was "criminally negligent" to bring a loaded pistol to the Seattle Center festival. But Hammer disputed initial police accounts of the altercation.

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criminal negligence, ((law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences))

Not criminally negligent just to bring it, oh unless he was drunk or maybe mentally ill or hey, WHAT IF HE WERE ALREADY BREAKING THE LAW BY SHOOTING HEROIN AND BEING A TWEAKED OUT POS. That might qualify as criminally negligent.

Grainger had become involved in a scuffle with an acquaintance at the festival, Hammer said. The second man lunged for a holster holding the weapon on Grainger's ankle in an attempt to seize the gun and use it against Grainger.
If you can't stay out of scuffles over stupid crap then you probably are not either mature or stable enough to carry a gun.

Why wasn't the gun grabber charged? Probably his word against heroin addict Grainger's word as to who went for the gun first.

The Glock pistol "Well there's your problem!" - Adam Savage , Hammer said, discharged as the men wrestled with the gun. The round penetrated a man's wrist before lodging in a woman's leg. Neither victim was involved in the altercation.

"For people who think they need a gun in a public place, they should have second thoughts," Hammer told Trickey.
Acquantinces of tweaked out jackasses carrying guns starting scuffles and then going for the other guys gun scare me. Since the jackass who tried for a gun grab isn't in jail, I think I better be sure to carry my gun at all times in case he gets hold of the next person's and turns it on me someday.

"No kidding," the judge answered, without humor.

After an apology from Grainger, Trickey called the 22-year-old's decision to bring a gun to a crowded public gathering "a colossal lapse of judgment."

Colossal lapse of judgment to shoot up heroin, especially if you have and carry a gun. Colossal lapse of judgment to get into a scuffle about anything while armed. Colossal lapse of judgment to allow others to know where/how you are carrying if you are not willing and capable to defend and protect your weapon. Colossal lapse of judgment to let Trickey represent him in this case instead of getting a real atty who doesn't have an agenda against his own client. Actual, about the ONLY thing in this entire situation that was NOT a colossal lapse of judgment was CCing a self-defense weapon in an ankle holster while going forth into the general public.

Trickey then followed the agreed sentencing recommendation and placed Grainger on two years of community supervision. Grainger was also ordered to continue treatment for heroin addiction.

At the hearing, Hammer disputed news reports that Grainger suffers from schizophrenia and should not have been issued the concealed pistol license he carried. He should have been disqualified instead for being a narcotics addict. Despite earlier statements to the contrary, prosecutors did not offer any evidence Friday that Grainger suffers from the mental illness and the evidence as to Mayor Nickels mental illness was ruled irrelevant.

"He has never had any schizophrenia," Hammer said. "He was legally qualified to possess a firearm. He's just a heroin addict and an a$$hole. I on the other hand am a patronizing anti-2A self-righteous dill hole."

The conviction, however, bars Grainger from carrying a gun in the future. Not feeling any sympathy here.

The shooting prompted an effort by Mayor Greg Nickels to ban concealed firearms from city parks and facilities. The prohibition has not been enacted and no change in the law is before the City Council because it would be illegal as it would violate state preemption, but then I am just a reporter and don't know facts. Oh wait ...

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flyin_ryan wrote:

M1Gunr wrote:

Grainger was also ordered to continue treatment for heroin addiction.

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Gotta play devils advocate here. Does this sentence raise any flags? It sounds like he was already on treatment for HEROIN, but they may have been treating him for the 78 days he was incarcerated. If he is a heroin addict, that kinda worries me, the same way a drunk with a firearm worries me. I know he had a permit, and that he had no intention of shooting anyone when he showed up, but there is no Tox-Screen mentioned in the article, so he was probably clean at the time of the shooting, but you puta gun in an addicts hands and you have... an armed addict. I don't feel any sympathy for him, sorry. I would like to see him get better council, and I know the system worked him over, but a heroin addict with a gun is a bad combination. Now, if I am out of line and he has been clean for years, so be it. One more issue, he was carrying a concealed weapon, and got into a scuffle, ok, could happen to anybody right? Here's my other problem, how did the gun get involved if he didn't attempt to draw it? It was on his ankle, thats pretty tough to notice, unless you know the weapon is there, which may have been the case as they called the aggressor an "acquaintance". But if I am concealed, nobody knows I am carrying, hence "concealed".If this has been covered already, let me know and I'll shut up.

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The sentence says basically nothing. He could, at this time be seeing a therapist once every two weeks for all we know from that sentence. As to how his assailant knew he was carrying is unknown, but why wasn't his assailant charged with this as he started the fight is a better question. Seattle justice.

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Has anyone gotten the transcripts yet? What are the legal privacy concerns? I would be willing to drive and pickup the transcripts, and build them into a pdf if someone can tell me if any parts should be blacked out(if at all).

Anyone?

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Also, let me know exactly what I can and need to retrieve. What records will be accessible?

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Alright, I've got a long list of files for everyone. It only cost ~$12.50 to order 100 pages through the online clerks office site. You have to pay for the pages ahead of time, before you know how many you need to pay for... then you get to pay the convenience fee of ~$2.50 no matter how many pages you order.

The defendants name is: Clinton Chad Grainger
Case number: 08-1-04970-8

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Another file

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Another file

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Another file

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Another file

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While I post files that have info. I'll also post what is available. Contact me if there's a file that you want, that I didn't post, and is on this list.

1 4 09/08/2008 INFORMATION 09/22/2008
2 4 09/08/2008 ORDER FOR WARRANT $350,000 09/22/2008
3 2 09/08/2008 NOT OF APPEAR AND REQ FOR DISCOVERY 09/22/2008
4 2 09/08/2008 SHERIFF'S RETRN ON WARRNT OF ARREST 09/22/2008
5 2 09/08/2008 NOT OF APPEAR AND REQ FOR DISCOVERY 09/22/2008
6 1 09/08/2008 NOTICE OF WITHDRAWAL OF ATTORNEY 09/22/2008
7 1 09/08/2008 NOTICE OF SCHEDULING 09/22/2008
8 2 09/08/2008 NOTICE RE: VIENNA CONVENTION 09/22/2008
9 2 09/08/2008 NOT OF APPEAR AND REQ FOR DISCOVERY 09/22/2008
10 1 09/08/2008 NO CONTACT ORDER 09/22/2008
11 1 09/08/2008 DISPOSITION REPORT RCV'D 09/22/2008
12 1 09/08/2008 HEARING CONTINUED: UNSPECIFIED 09/22/2008
13 1 09/08/2008 ORDER OF CONTINUANCE /SCHED 09/22/2008
14 1 09/08/2008 DISPOSITION REPORT RCV'D 09/22/2008
15 1 09/08/2008 HEARING CONTINUED: UNSPECIFIED 09/22/2008
16 1 09/08/2008 HEARING CONTINUED: UNSPECIFIED 09/22/2008
17 1 09/08/2008 ORDER OF CONTINUANCE /SCHED 09/22/2008
18 1 09/08/2008 HEARING CONTINUED: UNSPECIFIED 09/22/2008
19 1 09/08/2008 HEARING STRICKEN: IN COURT OTHER 09/22/2008
20 1 09/08/2008 ORDER ESTABLISHING COND. OF RELEASE 09/22/2008
21 2 09/08/2008 GUILTY PLEA ONLY HEARING 09/22/2008
22 1 09/08/2008 NOTICE OF HEARING 09/22/2008
23 2 09/08/2008 AMENDED INFORMATION 09/22/2008
24 2 09/08/2008 ORD PERMITTING FILING AMENDED INFO 09/22/2008
25 19 09/08/2008 STATEMENT OF DEFENDANT,PLEA GUILTY 09/22/2008
26 10 09/08/2008 STATEMENT OF PROSECUTING ATTORNEY 09/22/2008
27 1 09/08/2008 ORDER SEALING DOCUMENT SUB 28 09/22/2008
29 1 09/08/2008 NOTICE OF INELIGIBILITY TO POSSESS A FIREARM 09/22/2008
30 11 09/08/2008 PRE-SENTENCING INVESTIGATION REPORT 09/22/2008
31 4 09/08/2008 SENTENCING HEARING CR JOE RICHLING 09/22/2008
32 1 09/08/2008 COURT ORAL NOTICE RIGHT OF APPEAL 09/22/2008
33 8 09/08/2008 FELONY JUDGMENT & SENTENCE 09/22/2008

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lets see the information (1st page)

EDIT = I found the info in Prosecuter PDF you attached

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Here are all of the documents in a single zip file.