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Kirkland altercation & charges

RayeHawk

Regular Member
Joined
Aug 4, 2009
Messages
36
Location
Seattleish, Washington, USA
Hi -

I got this eMail from a Kirkland activist the other night. Any thoughts / help you can give? Thanks! :eek:)

____________________________________

On August 8th, I wandered upon an altercation between the dock master at Marina Park in Kirkland, WA. When I witnessed a man slap a woman who was trying to get back on the boat and determined that the dock master already had the police on the phone, I started recording video to help corroborate the story for the dock master should these men have attacked him. As the action moved on, I started to follow. However, because I had just injured my ankle two days previous, I was paying more attention to the ground under my feet than how close i was getting to the action. When I realized I had caught up with everyone, I spun around and backed away from them. At this point, the men realized I was recording and assocated me with the dock master. One man came directly at me and the other man walked to my right flank -- leaving me no where to run even if I were capable (again, I was wearing an ankle support and couldn't run). I yelled for hte men to back up four times before the closest man -- already at arms length -- took another step toward me and started reaching for his pocket. Not knowing what he was going to do, and assuming he was going to follow up on his previous threats, I drew my concealed firearm and yelled for them to back up again. This had the desired effect so I holstered my firearm immediately. As I did, I could hear the dock master tell the police there was a man with a gun at the scene. I yelled "I have a concealed permit" so they didn't think it was a random thug. My video unfortunately cut out at this point.

I reached to unlock my cell phone ot start recording again, and at this point the men realized that it wasn't my firearm I was holding toward them, but my cell phone. This emboldened them and they began attacking me again, Circling me, yelling at me, taunting me. I did not draw my firearm again as it was no longer safe to do so. The police arrived but past us up. The men started shouting that I was in trouble now -- that I was done. I began backing away from the men as best as I could to get to where the police had gone. When the police arrived, I cooperated fully with them. The man who was going to assault me fled and got away. The other man was arrested, but released without charge as far as I know.


The police arrested me fro 9.41.270 -- displaying a weapon. The prosecutor has refused to meet with my attorney to review the video. He told my attorney in email today that there would be no deal other than to let me plead guilty and I would walk with no jail time. The problem is that this would give me a criminal history, potentially giving me employment issues in the future. It would also prevent me from getting my concealed permit back. I'm not sure what affect it would have on my ability to purchase firearms in the future either.

I'm welcome any advice you have.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Contact a lawyer IMMEDIATELY.

Did you miss the part where the prosecutor won't meet with "his attorney"? Also the part where the prosecutor told "his attorney" there'd be no deals?

In hindsight one might draw the conclusion that since he was not directly involved with the altercation he should have remained at a distance and just observed. Taping is nice but this incident reveals how it can get one "more involved".

I wish this person well on his "day in Court". Hopefully there was enough recorded to make a believer of the Judge or Jury if it comes to that. It's important to note that this was not a case where someone was cited for merely Open Carrying, it is a situation where the person was cited for actually drawing and pointing a weapon. The tough part will be convincing the "Court" that it was justified.

BTW, are there Security Cameras in the Marina Park. If so, the defendant or his attorney should obtain the "tapes". Likewise for any business security cameras that might also be in the area. In this day and age there are so many cameras out there recording what we do one even needs to be careful where they "scratch". Never know if it might show up on the internet some day.
 
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Jayd1981

Regular Member
Joined
Mar 14, 2010
Messages
387
Location
Richland, Washington, USA
Ok, my reading comprehension is lacking today. Sorry, please forgive my errors, I will submit to my lashes. I guess if I were in that unfortunate situation, I would wait for my day in court. As mentioned there is a disparity in force. If its several guys against me, then I would feel in danger of life and limb.
 

RayeHawk

Regular Member
Joined
Aug 4, 2009
Messages
36
Location
Seattleish, Washington, USA
RayeHawk is a grrl

He's not the defendant. Come on people, pay attention.


ACtually, RayeHawk is a grrrl - Nama (grandma) to 2 doll babies. Married. Old. Libertarian. Carry a Taurus Titanium .38 Spl. That's the 14oz blue 5 shot revolver.

Have attended an Appleseed event (with my purple .22) - ready to go again. :eek:)
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
I hate to sound overly suspicious, but this whole thing sounds fishy.

Why would someone be seeking advice by e-mail after having retained an attorney? He does not mention that he distrusts his attorney, or is looking for another.

What sort of activist is this guy? Gun rights? Privacy? Police Accountability? Domestic Violence Prevention? Smaller Hooks for Game Fish?

What sort of "earlier" threats was the writer afraid were going to be acted on? None are mentioned.
 

eb31

Regular Member
Joined
Sep 18, 2010
Messages
109
Location
Woodbridge, Va
Hopefully...no matter how your day in court goes....lesson learned about randomly involving yourself in matters thT dont concern you. Luckily the two guy were just common thugs and not something more (intent on killing).
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
I hate to sound overly suspicious, but this whole thing sounds fishy.

Why would someone be seeking advice by e-mail after having retained an attorney? He does not mention that he distrusts his attorney, or is looking for another.

What sort of activist is this guy? Gun rights? Privacy? Police Accountability? Domestic Violence Prevention? Smaller Hooks for Game Fish?

What sort of "earlier" threats was the writer afraid were going to be acted on? None are mentioned.

If this is "fishy" I wonder how long it will be before the plea for donations to assist with hiring a new, or paying for the old, attorney? Of course it could be legit but how does one know?
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Hire a different attorney. I'd suggest www.jhblawyer.com

It'll cost your friend 5k if things go easy, 15-20k min if it goes to trial.

Here is a site that allows one to pick a Criminal Attorney based on Client Reviews (in other words, were their clients satisfied on their work).
http://www.avvo.com/criminal-defense-lawyer/wa/seattle.html#sort=client_rating&client_reviews=1
John Henry Browne might be good but he also has had some issues with "misconduct. There are a lot more that are free of this "misconduct" reference with near perfect ratings by their clients. They probably don't charge as much for their "fame" as old JHB does. (note:In 2006, the Washington State Bar admonished Browne as part of a settlement of ethics charges stemming from his overcharging a client by $30,000 to $40,000)

He goes for the high profile cases and is currently "starring" in the "Colton Harris-Moore Affair".
 

Dave_pro2a

Regular Member
Joined
Nov 28, 2007
Messages
2,132
Location
, ,
Here is a site that allows one to pick a Criminal Attorney based on Client Reviews (in other words, were their clients satisfied on their work).
http://www.avvo.com/criminal-defense-lawyer/wa/seattle.html#sort=client_rating&client_reviews=1
John Henry Browne might be good but he also has had some issues with "misconduct. There are a lot more that are free of this "misconduct" reference with near perfect ratings by their clients. They probably don't charge as much for their "fame" as old JHB does. (note:In 2006, the Washington State Bar admonished Browne as part of a settlement of ethics charges stemming from his overcharging a client by $30,000 to $40,000)

He goes for the high profile cases and is currently "starring" in the "Colton Harris-Moore Affair".

COMMENTS REMOVED BY MODERATOR: No lawyer bashing

Pick the one that will put the best scare into the DA and roll the dice. IMHO, for the Seattle area, that is John Brown. That's exactly because he handles the highest profile cases (Ted Bundy, Sen. Ted Stevens, Martin Pang, etc.).

Personally I don't care if he sold his soul to the devil at some point in the past, and regularly sacrifices chickens. I would want the attorney most likely to make the charges go away.

Getting someone like Gerry Spence, Johnnie Cochran or Alan Dershowitz is simply unrealistic. They are nationally renowed figures: generally not available, and not affordable. But JHB is the big fish in our small local pond, and can be had by any common Joe with modest means. The local DAs know his name, and generally want to avoid him in court imho.

But lawyers are like shoes. Find the one that you're comfortable with and stick with it. Do your own due diligence. The OP asked for advice and I just offered what I thought was the best route to take ;) It sounds like the guy screwed up on many levels, and came on the radar of a prick DA. That's a bad combo.

*My apologies to scum sucking, bottom feeding fish. I don't mean to disparage thier good name and description by the comparison of them to lawyers. It's just an "if the shoe fits..." kind of comparison. I could have also said "parasitic leeches that have virtually zero redeemable qualities ;)
 
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Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
SNIP *My apologies to scum sucking, bottom feeding fish. I don't mean to disparage thier good name and description by the comparison of them to lawyers. It's just an "if the shoe fits..." kind of comparison. I could have also said "parasitic leeches that have virtually zero redeemable qualities ;)

You do know the owners of this site are lawyers, right? No, I'm serious. They are.

It was nice knowing you, Dave. :D
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Getting someone like Gerry Spence, Johnnie Cochran or Alan Dershowitz is simply unrealistic. They are nationally renowed figures: generally not available,

Yeah, Cochran has been unreachable by anyone for several years . . . . :rolleyes:
 
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