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Thread: What really happened in vancouver last spring

  1. #1
    Regular Member spikeXD45's Avatar
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    What really happened in vancouver last spring

    Hello my name is Kurk Kirby and I owe you all, though especially go-go and m1, an explanation of my actions on both the day this all began and the day it ended for me. Let me begin by saying the both of you (gogo, M1) you have my sincerest thanks and gratitude for everything that u did. Thank you. OK to business this is what really happened. On the day in question (sorry I have a flair for the dramatic lol) the offending party (Me in case anybody has gotten bored already) did commit the offence of removing his jacket on a hot day, exposing his fire arm. Thatís all I did. Oh and buy charcoal for a bbq I never got to have. That was it the rest is pretty well know the primary witness (Iím not allowed to use his name for fear of harassment charges lol) from his mighty perch in his karate dojo became disturbed by the mere sight of this act did call the police and said offending party was sighted.

    Ok that said here is how the rest of the last six months went. after the first court day I was offered a deferment agreement that required me to swear to primary witnesses statements (the Wyatt Earping and eye balling BS) take an NRA cert safety class and forfeiture of my weapon (I loved the XP pistol bit oh and to settle the score I was caring 36 rounds one short in each mag reporters canít get anything right the first time lol) and pay a bigger fine. Thank to some great PI investigation into the primary witnesses background gave us some superb incite on his character and prior military record (didnít look pretty Iíll tell you what and he's teach'n children OMGlol) so we of course declined this deal and returned one of our own and several motions to dismiss. Then came the unfortunate events of josh's case. And directly after they offered me back my basic deal plus a smallish fine. I didnít have to agree to the primary witnessís allegations I had to agree that I scared someone and there by broke the law. I didnít get the deferment time we wanted (6 months as opposed to a year) or time to get my firearm back (immediate to a year). And I didnít have to take a NRA cert class (saves some $$$ there). Not too bad all things considered. Now the reasons I took the deal. MY FAMILY sums it up in two words. I like that LOL. With the things I deal with on a day to day basis with my son there is no room for me to be locked up (not to mention the absolute waste of 2.5 years on a criminal justice degree LOLLOL). As for me I am a law abiding gun owner that up to this point had a clean record. (Well except for my discharge from the navy for arguing with a Senior Chief oops LOL) so I guess that is it Thank you all again for all your ideas that I took from the boards secretly (shh donít tell anybody LOL). If anyone has questions I will answer them all to the best that I can over the next few days months years whatever. I owe you all that much at least. Thank you again
    Kirby
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

  2. #2
    Regular Member spikeXD45's Avatar
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    Sorry I wanted a place to answer all the inevitable questions LOLOLOL
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    I don't judge and look forward to coming down to Vancouver to meet you someday. Family MUST COME FIRST! Always! You did what you had to, and I will be the LAST person to tell you that you were wrong.

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    Regular Member spikeXD45's Avatar
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    i will look forward to it and thanks again
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member amzbrady's Avatar
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    Can you fight this on the sidelines and get the charges reversed later? Maybe through embarrasing the courts through the media, and through our political leaders. The sentence has been passed, but if you could get this expunged at a later date that would benifit you.
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

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    Regular Member spikeXD45's Avatar
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    i do feel bad about not being able to attend the bbq at ester shore park. Chris had to put his foot on my back to do it. strick radio silence LOLLOL. but i have been snooping threw the boards alot since this started.
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member Batousaii's Avatar
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    Glad to hear from you

    - I am sorry the libby courts played this past the constitution. I think it's a bad rap, and i am sincerely sorry you had to deal with it. Sounds like the Vancouver political group there is way out of wack, PD, Courts etc. It's a cryin shame. I do however understand fully why you took the rout you did, and agree with Goose, you did what you had to do, and likely what could be afforded, either monetarily, or via ones own hide. I commend you for your efforts. Hopefully the day will come where things like this will be simply tossed out via Constitution and our Bill of Rights.
    - On a lighter note, i see it is your Sixth post, so I'll give a Welcome to the Forum.

    Bat
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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by amzbrady View Post
    Can you fight this on the sidelines and get the charges reversed later? Maybe through embarrasing the courts through the media, and through our political leaders. The sentence has been passed, but if you could get this expunged at a later date that would benifit you.
    in one year it will be dismissed with predjudice. you will be able to see i was charged and that it was dissmised.but there is really nothing to embaress about the courts. they did there job and defended the primary witnesses right to be afraid.
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by Batousaii View Post
    - I am sorry the libby courts played this past the constitution. I think it's a bad rap, and i am sincerely sorry you had to deal with it. Sounds like the Vancouver political group there is way out of wack, PD, Courts etc. It's a cryin shame. I do however understand fully why you took the rout you did, and agree with Goose, you did what you had to do, and likely what could be afforded, either monetarily, or via ones own hide. I commend you for your efforts. Hopefully the day will come where things like this will be simply tossed out via Constitution and our Bill of Rights.
    - On a lighter note, i see it is your Sixth post, so I'll give a Welcome to the Forum.

    Bat
    thanks for the welcome and I to hope for a day when every LEO knows every law LOLOL
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member TechnoWeenie's Avatar
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    WTF is a Springfield xp?

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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by TechnoWeenie View Post
    WTF is a Springfield xp?
    havent figured it out yet i hope its vista compliant
    truthfuly it is what the reporter for the columbian called my XD49 Earping gun LOLOLOL
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by spikexd45 View Post
    havent figured it out yet i hope its vista compliant
    truthfuly it is what the reporter for the columbian called my xd49 earping gun lololol
    xd45
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Thanks for posting an update with the history and your explanation.

    Now... can someone run that OP through the transmogrifier?

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    What is some of the background info you found out about the Karate instructor?
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by END_THE_FED View Post
    What is some of the background info you found out about the Karate instructor?
    that is the question i was hopeing was asked. there is alot of lies he said but there are a few i can prove lets start with his BCD (bad conduct discharge) from the marine corps. this requires a criminal trial called a courtmartial. and the charge distribution of a controled subsance and conspirace to contribute. there are a few more things but they are really minor. but add it all up he is a grade a dirt bag. and now he is teaching kids. i think thats the part that scares me the most. we where going to chalange his right to own weapons as the offence is concidered a felony in wa though he got lucky in the fact that it is not under the UCMJ otherwise he would have got a dishonerable and never been alowed to evan own a firearm. and he's a liar as can be told from his witness statment. we where going to have fun with him lol. so thats the proveable dirt i had on him.
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Regular Member spikeXD45's Avatar
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    Quote Originally Posted by spikeXD45 View Post
    that is the question i was hopeing was asked. there is alot of lies he said but there are a few i can prove lets start with his BCD (bad conduct discharge) from the marine corps. this requires a criminal trial called a courtmartial. and the charge distribution of a controled subsance and conspirace to contribute. there are a few more things but they are really minor. but add it all up he is a grade a dirt bag. and now he is teaching kids. i think thats the part that scares me the most. we where going to chalange his right to own weapons as the offence is concidered a felony in wa though he got lucky in the fact that it is not under the UCMJ otherwise he would have got a dishonerable and never been alowed to evan own a firearm. and he's a liar as can be told from his witness statment. we where going to have fun with him lol. so thats the proveable dirt i had on him.
    sorry 4 am it was distribution of a controled substance and conspiracy to distribute a controled substance got him 8 months in brig.
    "Speak Softly and Carry a Big Stick; You Will Go Far" Theodore Roosevelt

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    Maybe we can get a collection going to take out a full page ad in the local newspaper informing everyone of his previous charges. Does Vancouver have its own local paper?
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by END_THE_FED View Post
    Maybe we can get a collection going to take out a full page ad in the local newspaper informing everyone of his previous charges. Does Vancouver have its own local paper?
    Why not try and get a newspaper reporter to "investigate" and essentially do this for free?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    Regular Member Fuller Malarkey's Avatar
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    Quote Originally Posted by KBCraig View Post
    Thanks for posting an update with the history and your explanation.

    Now... can someone run that OP through the transmogrifier?
    Ya. If someone could lend me a decoder ring....

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    Regular Member Cremator75's Avatar
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    Quote Originally Posted by END_THE_FED View Post
    Maybe we can get a collection going to take out a full page ad in the local newspaper informing everyone of his previous charges. Does Vancouver have its own local paper?
    Or go picket his dojo with signs telling of his offenses while OC'ing.

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    Regular Member mparramore's Avatar
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    Quote Originally Posted by Cremator75 View Post
    Or go picket his dojo with signs telling of his offenses while OC'ing.
    no doubt..im game!
    This is my safety

  22. #22
    Opt-Out Members BigDave's Avatar
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    Kirby I cannot say that I am happy it did not go to court but I understand the reasoning and faced with the same circumstances I cannot say I would not have done the same thing. And me being happy has nothing to do what is best for you.

    I know there was a wrench thrown in the works when it would have been infront of a jury trial and I feel it was pretty low of the prosecutor to do so as he as well as everyone else need to be in it for the truth and all he did is work the system.

    Lets say you were able to continue onto the court case did you have any experts lined up to educate the jury?
    Did you attorney plan on educating the jury on what would and would not be alarming along with your past training and experience and on the rights and laws concerning lawful carry.

    Just trying to get a little incite into what you were facing if it continued to trial.

    And I am guessing but you can still open carry, correct? or will you be open carry or just lay low for this period of time and conceal carry?

    Dave
    Last edited by BigDave; 10-16-2010 at 02:10 AM.
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    Quote Originally Posted by spikeXD45 View Post
    that is the question i was hopeing was asked. there is alot of lies he said but there are a few i can prove lets start with his BCD (bad conduct discharge) from the marine corps. this requires a criminal trial called a courtmartial. and the charge distribution of a controled subsance and conspirace to contribute. there are a few more things but they are really minor. but add it all up he is a grade a dirt bag. and now he is teaching kids. i think thats the part that scares me the most. we where going to chalange his right to own weapons as the offence is concidered a felony in wa though he got lucky in the fact that it is not under the UCMJ otherwise he would have got a dishonerable and never been alowed to evan own a firearm. and he's a liar as can be told from his witness statment. we where going to have fun with him lol. so thats the proveable dirt i had on him.
    BATF Form 4473 question #12 g. g. "Have you been discharged from the Armed Forces under dishonorable conditions?" And at the end of the form it says, "I understand that a person who answers ďyesĒ to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm." I would suppose this would mean he cannot own a firearm. And I am pretty sure that any parents with kids in his class would remove them if they only knew.

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    Quote Originally Posted by ridgerunner98570 View Post
    BATF Form 4473 question #12 g. g. "Have you been discharged from the Armed Forces under dishonorable conditions?" And at the end of the form it says, "I understand that a person who answers ďyesĒ to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm." I would suppose this would mean he cannot own a firearm.
    A BCD is not the same thing as a dishonorable discharge. A BCD reflects a misdemeanor level conviction at a special court martial; a DD reflects a felony level conviction at a general court martial.

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    Quote Originally Posted by KBCraig View Post
    A BCD is not the same thing as a dishonorable discharge. A BCD reflects a misdemeanor level conviction at a special court martial; a DD reflects a felony level conviction at a general court martial.
    Lets put this in perspective....

    I have seen soldiers kicked out for failing a urine test, for pot.

    On the flip side I was put in charge of a guy once who was arrested in Nurnburg for having a bag of 300 pills of "X", with intent to distribute. He was honorably discharged. No lie at all.

    Typically if it goes to court martial and you receive either a BCD or DD, it's because you truly F'd up.
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