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Trial set in open-carry gun case - Kurk Kirby update

nathan

Regular Member
Joined
Jul 31, 2007
Messages
227
Location
Vancouver, Washington, USA
Trial was set for Oct. 1 for a Vancouver man accused of unlawfully carrying a handgun at Albertsons, a case that sparked a nationwide debate last spring on open-carry gun rights.

Kirby was cited March 19 for carrying the gun because prosecutors said he was displaying the gun in a way that either “warranted alarm” or “manifested an intent to intimidate.”

more at:
http://www.columbian.com/news/2010/jul/19/trial-set-in-open-carry-gun-case/
 

Grapeshot

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May 21, 2006
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35,317
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Valhalla
On trial for what people perceive, not for any action/intent on his part.

Don't offend anybody, that's illegal. :banghead:
 

Just Us

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Jan 4, 2010
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248
Location
West Fargo, ND
The possible misleading MEDIA report tells the people what will catch their eye and give what some folks want to hear.

The original police report doesn't say much?????
 

Tomas

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Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
I hope the defense can convince folks that if it wasn't in the original call or the original police report of the incident that it didn't happen. What he was arrested (catch and release) and cited for has to be in those original documents, doesn't it? If it is not, the arrest had no basis if I am reading things right.

===>IANAL<===
 

devildoc5

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Jun 9, 2010
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Somewhere over run with mud(s)
I still wanna know what one of these damn XP pistols are? And will it be backward compatibility with my current system?

And just wow, at some of those comments....Apparently some of the posters on there know Mr. Kirby ALOT more personally than M1 or GoGo do. And they say he is "a whacko" "a nutjob".

Me personally? I tend to believe the people I already know when it comes to others, having never met Mr. Kirby myself I will defer to M1 and GoGo's descriptions of him as "a nice guy"

I certainly will try and get that day off of work so I can go down there and "raise a ruckus" as "one of those opencarry.org members" ;)
 
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Tomas

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Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
(I use a Mac so an XP pistol probably wouldn't be of any use to me...)

All I can say, is good luck Kirby. I don't know you, but I seriously hope this all comes out in your favor.
 

gogodawgs

Campaign Veteran
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Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Me Too

I should be going from Tacoma. I have room for one.

Yes, I have met him and after doing so believe that he is a regular guy. The police report and 911 recording is at nwcdl.org (but it is off line right now :( )
 

Son_of_Perdition

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Mar 22, 2010
Messages
166
Location
SW , Washington, USA
“Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket…” This is the information the Police used to wrongfully give Kirby a ticket. A gun on the hip was the big evil crime. After the fact and days latter (from what I understand) they coerced the people to give them something more tangible then just calling 911 for seeing him smoking a sig with a gun holstered. I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.
 

kwikrnu

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May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
“Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket…” This is the information the Police used to wrongfully give Kirby a ticket. A gun on the hip was the big evil crime. After the fact and days latter (from what I understand) they coerced the people to give them something more tangible then just calling 911 for seeing him smoking a sig with a gun holstered. I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.

This is how some cops operate, they lead and coerce the witnesses. Read the thread in CT. They have done it to me. They're probably doing it in las vegas.
 

amlevin

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Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Son_of_Perdition;1311317 I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.

This is done all the time. Investigations are often continued long after a citation is issued. Sometimes it even exonerates the defendant.
 

gogodawgs

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Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
I will be in attendance.

I will be there and I believe M1Gunr and perhaps Deros will also attend and maybe DevilDoc.

For those who haven't heard the 911 recording or read the police reports here is the link. Also, note that I did get poor quality b&w pictures back and was told that Kirby's gun was given back to him after the VPD had already taken it so that they could take the pictures.

911 Recording

Police Report


I should be going from Tacoma. I have room for one.

Yes, I have met him and after doing so believe that he is a regular guy. The police report and 911 recording is at nwcdl.org (but it is off line right now :( )

Just yesterday I was looking at the police documents for this one again. Be nice to know what goes down.
Thanks for the thread bump!
 

Dave_pro2a

Regular Member
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Nov 28, 2007
Messages
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Location
, ,
hand on the gun? This wasn't in the original reports was it.

While I wouldn't do that, it is largely irrelevant imho.

Show enough video of police officer adopting that pose 'for comfort' in public and a jury should see it for what it is: much ado about nothing.

I was just on a train with a cop who did that, and I wasn't alarmed ;) cop = citizen fundamentally no different than any one else (for proof just see instances of cops arrested for murder, drug dealing, wife killing, rape, theft, etc).
 
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