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Details on my ordeal in Bellingham

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
This is a long read and it's on word I seen how others posted links etc. to a document but don't know how to do that.

And to preface this story, I wrote it late at night of my detention, some of the details I remember more clear now that the "trauma" has passed but I am glad I wrote it down. I am also a lot more knowledgeable on the my rights and the laws since this encounter. And one reason why I carry sterile now. I really should have just let them arrest me and next time I will.


My cousin dropped me off other side of Sehome Hill while he went to an appointment that would last about an hour or more. I walked through the trails to Sehome Village went to a Starbucks I frequent often, and have open carried into on too many occasions to recount. Most the employees there know my drink and don’t usually have to ask what I want to order.

I noticed one customer looking sideways at me, and then a few minutes later I saw the manager talking to him and she looked my way. I didn’t think anything about it and she never said anything to me. I got my coffee and decided to continue my walk enjoying my delicious beverage and the perfect walking weather. Several blocks later my walk didn’t become so enjoyable.

I crossed a street intersection and as I stepped onto the handicap ramp I heard a vehicle pull in behind me, and hear a “HEY!”, I glanced sideways over my right shoulder and noticed a white suburban with a man opening the drivers door, not wanting to get into any altercations I took another step forward intending to avoid any confrontation. Then I hear “stop hands above your head!” I raise my hands turn around to see the head of a man and a glock pointing at my head between the door jamb and the open driver’s door, then I noticed the flashing lights in the grill. It was an unmarked Police SUV a Tahoe, I believe, or something similar. I was only about 15 feet or so from the vehicle with the passenger side doors to me.

Now I am not claiming to be able to write down every detail vividly although many of the actions and words of the officers involved with this encounter are stuck vividly in my Mind.

The officer never identifies himself as an officer and yells “interlock your fingers behind your head”. I want to comply but I am holding a vente/20 oz. cup of coffee in my hands, which I wiggle a bit to let him know if I do that I will end up with hot coffee all over myself. He orders me to turn around and put the coffee down and then interlock my fingers behind my head. I comply; he has a Glock nine-millimeter gun pointed directly at my head. I guess he wasn’t taking any chances with a center mass hit.

This officer then proceeds to come up behind me and disarm me. I kept my hands above my head and turned around. I asked him if I was being arrested. He asked for identification. I stated at that point “articulate your reasonable suspicion I was engaged in unlawful activity”. Which he informed me “you are carrying a gun”. I knew where this argument was going and that would lead to the circular argument that would follow, and it did.

At this point I informed him that carrying a gun is not unlawful in the state of Washington. He again asked for I.D. I again repeated the statement telling him to inform me of any illegal activity I was engaged in. He told me they got a man with a gun call, I again told him that is not illegal. He again asked for I.D. and I could tell he was getting hot under the collar, but I remained calm, and repeated my earlier statement. This circular conversation was happening as another officer parked his car and got out and stood closely to my right side which was facing away from the main road Samish Way.

As the other officer was parking his car though he changed his tactic and added for suspicious behavior which still was a circular conversation, because I insisted that he inform me for what? Guess why? For carrying a gun. This conversation was repeated several times. Finally with the back up of the other officer he changes his tactic again and informs me that unless I surrender my I.D. I will be placed under arrest for obstructing his investigation. I asked “Are you demanding my I.D.” To which his reply was ‘yes I am’. I also had mentioned that maybe I should call a lawyer and he said I am not to make any phone calls right now.

I have been trying to follow the advice of a well respected member of the gun community, and someone who has been studying law. And not carrying my I.D. everywhere I go. Our state is not a stop and I.D. state, and this violates my rights to insist I show it when I have not been engaged in any unlawful activities and never plan on being engaged in any. So I did not have my I.D. on me. When informed of this, I truly thought they were going to cuff me and take me in, they were not pleased. And told me I am going to be arrested for obstructing his investigation. Which I reminded him I have done nothing wrong.

He asked with a glare in his eyes of utter distaste, do you have a CPL (concealed pistol license). There has been some debate on whether or not you have to provide one when asked for it. I also know it is illegal to lie to a law enforcement officer, (wish that was a two way street) and I did have one in my wallet. So I said hesitantly said “yes, but I am open carrying which is perfectly legal and I don’t need a CPL to do that. He then state well ‘that is ‘I.D’. I don’t see how since, it doesn’t have a picture attached to it, but then demanded that I hand that over.

I carry my wallet in my front pocket, old habits from bad neighborhoods. So when I reached for my wallet the somewhat stoic officer an my right twitched and his hand instantly went to his gun. I stopped and looked at him and said “I am just trying to do what he insisted I do”, then slowly reached in retrieved my wallet opened it up and removed my CPL and stated looking at the first officer in this encounter and the aggressor in this matter, and stated “I want you to understand I am only handing this over under threat of arrest and under duress, officer Slodysko.”, reading the name off of his shirt. “It’s Lieutenant Slodysko” and I replied as long as you understand that “Mister Slodysko”

I also used this moment to pull my phone out of my pocket, expecting to be told by the officer to my right to put it away but he didn’t so as Officer Slodysko proceeded to radio my info from my CPL in I tried to find voice record on phone but came across video first, and I tried to take video of him radioing my info in and I asked the officer to my right if he is willing to state why am being detained , his reply “not while you are recording”, When officers say this and the law in our state specifically says we can record them, it always makes me suspicious of them. At this time a third patrol car pulls onto the seen, the officer in that vehicle doesn’t exit the vehicle as far as I know.

I hear Officer Slodysko tell the person on the other end of the radio to call Starbucks and ask them if they want me to be trespassed. Now I am already, about half a mile or more from Starbucks at this point and am standing in the handicap ramp to a sidewalk. He is looking for an excuse to justify his illegal detainment, and then trying to get me kicked out of my favorite coffee place, that I have never had any problems with in the past. Matter-of-fact all my encounters with the employees of Starbucks have been pleasant ones. But a few minutes later he approaches, with my gun in his hand magazine removed, apparently they didn’t want to trespass me. So I figured it must have been a customer that called and they didn’t want to loose a faithful customer. He put the gun in my holster and told me not to install the magazine until I was well away from any officers. Then proceeded to lecture me about carrying my gun and to tell me he will continue to harass me if I am to open carry. Yes he used the word ‘harass’. I told him that he can’t stop me for engaging in a lawful activity. He replied “suspicious activity” and he will anytime he wants. I decided to walk away at this point, and half way down the block form where I am I slid my magazine into my gun without removing it from its holster. As I did so I saw the third officer drive by me he never involved himself in the encounter and his face looked like he didn’t want to be there.

Now I am one to let many things go but I am a strong supporter of our right to openly carry our arms that is the epitome of the second amendment in my opinion. I was curious to as who made the call and pondering my next move. So I called Starbucks and asked for the manager. She said ‘this is her Mary’. I then explained that I had been in her store and was wondering if it was a customer or someone else who had called the police. She said it was her because she had a customer freaking out, ‘what am I to do?’ I told her inform him I been there many times and its legal in Washington. She said ‘well it’s my right to call because he was freaking out, so bye’, and hung up the phone.

Still walking and thinking what my next move should be, I do not want to back down on this one. I am not angry at the ill-informed manager of the coffee shop, but am perturbed about the intrusive and in my opinion illegal (or at least should be) actions of the officers. At this point since I am in town and unable to drive my vehicle so not sure when I could get to town again, I decide to walk to the police station to file a complaint and try to get an FOIA, and yes I have been informed its not called that here in the State of Washington, that’s a federal request. I just wanted to get the incident reports along with filing a complaint.

I walked down Holly St., turned right on Dupont and went to the police station. The state of Washington preempts the common areas and egress areas of all public buildings, except federal, with RCW 9.41.300. So I walked in, the receptionist behind the bullet proof glass asked if she could help me. I stated I wanted to file a complaint and get the city’s version of an FOIA act on the incident. She asked if I wanted to make a report on a crime, I said yes but against an officer. She asked the officer’s name that I couldn’t hardly remember or pronounce. I said I think it ended in isko or something. She couldn’t figure out who I was talking about, so I told her I know he’s the lieutenant. This puzzled her and she said for me to go have a seat in the waiting area. I figured well good at least they are not hassling me in here about my weapon.

So I sat down she called out was it Lt. Slodysko, I replied yes I think so. She told me that she will call his supervisor at this time I had wondered over so I could hear what she was saying better. She informed me I have to wait outside, to which I informed her that state law says I don’t. She insisted I go outside, so I grabbed my phone and said “I will but do you mind me recording you giving me that order”. She stated that I didn’t have her permission to record her, that it is not allowed, and told the officer behind her I am refusing to leave. So the officer leaves his chair comes around the corner and engages me in conversation. I have recorded this conversation, although the sound is low and garbled, I know I pointed out that the state allows me to be here, he asked why I was there I said to file a complaint, unclear on his next words but I definitely felt this wasn’t going to end well for me if I didn’t step outside the doors. So I asked him his name and got out.

I went outside and almost immediately this officer in the video whose name sounds like Elmendore but I am not sure comes out with an officer Aiama or Aiamu. I am asked if he can disarm me for officer safety while we talk. This again is a debated law in our state so immediately acquiesce. Well Elmendore, (not intentionally getting his name wrong if I am) tugs once on my handle lightly but I carry a serpa holster that he must be unfamiliar with. So he asks me to remove my weapon and hand it to him. I raise my hands above my head and say “no sir, I am not comfortable removing or handling my weapon in your presence.”

Here is where this gets all troubling again. He says “we can always just handcuff you”.
To which I incredulously state “ you are going to handcuff me?”
His reply was yes as he was already in the motion of handcuffing me.

They then engage with me in the same circular conversation that I just had with Mr. Slodysko previously. Finally they ask if I have a CPL, I inform them it doesn’t matter I am open carrying. They ask again I reply yes, I have one. Mr. handcuffer asks where it is I say in my wallet, then he reaches into my front pants pocket and retrieves my wallet. Not asking permission at all. He knew he slipped on this because later he said he asked for permission to retrieve it and when I told him he did not and I did not give permission, he ignored my remarks.

I spend some time cuffed in front of the police station’s front doors before Flo Simon the Deputy Chief of services comes out. She is dressed in civilian clothes and I have no Idea who she was at this point. And she says “let’s talk”. I told her that I am here to file a complaint. She starts lecturing me that I am not allowed in the station with my firearm, I told her she was mistaken. She then asks me why I am there. I tell her to file a complaint about officer Slodysko, she said that’s not how you pronounce his name. Apparently Mr. Slodysko is sensitive about this, but I am not doing this on purpose. Also he had come out of the building too. With another plain clothed man who stood behind Flo Simon arms crested on his chest leaning against the wall glaring at me. Well then another circular conversation continues with Flo about why I am there. Finally she states that it’s not good enough for her she isn’t going to file a complaint. I then ask for her boss, she informs me it is the chief of police, and smiling in a haha way says ‘and he’s on vacation’. I said then I need to talk to his boss. She informed me that that is the Mayor and if I go to city hall they will arrest me. I told her again it’s not illegal for me to go there and if there are restricted areas they must by law provide me a lock box.

Finally she tells me well you see the law is “very vague” on this issue. I told her no its not it is very clear. She has a smug look on her face and say “oh yea?”. Opens a paper she had obviously copy and pasted onto from a computer program then printed out and reads RCW 9.41.050, the only part of the RCW’s dealing with guns she had pasted onto the sheet. I told her that has nothing to do with me I am open carrying. She said it has everything to do with me and that if I don’t have a CPL it’s very clear that I must leave my gun locked in my car. I said I am walking. One of the other officers scoffed, and told her my license is suspended. Officer Sodysko than spoke up and said you can cover it with your shirt, I simply said “I don’t want to” again all the officers some raising their voices were telling me how they can detain me every time for suspicious behavior.

Flo who is boss of these other officers tells me the same, and tries to point to the RCW’s I tell her there are a lot more RCW’s that pertain to open carry. And that even court cases in Washington like State vs. Cassad although not a published case confirms the legality of what I am doing. She says name the other RCW’s and quickly walks away into the building stating she is done. Officer Slodysko tries to justify their actions by saying this is a very liberal town, eventually he gives up breaking 18 USC section 241 and goes inside. But I guess that wasn’t enough for Elmendore and Aiama.

At this point I get from officer Aiama more of a lack of knowledge of the law and at least a willingness to discuss, the other officer is fairly hostile, and keeps making claims to me about me being hostile and suspicious, lying about me giving him permission to retrieve my wallet. Telling me I am ignorant of the law and I don’t have the right to record him, again our state specifically allows it in two different ways.

Aiama says how do I know you are not going to rob a bank (really?!!! How do we know anyone isn’t going to do anything we don’t like). I told him criminals carry concealed. He replies “not always”. I am getting very tired of being berated, and abused and trampled on by these officers so I mention do I just walk away with these handcuffs or what? I want to leave now please unlock me; they start lecturing about if I am going to go to City Hall, and how they will arrest me if I do. They will call ahead and if they don’t want me in there they will trespass me. FROM PUBLIC PROPERTY!!!!!! I am so dumbfounded by the lack of knowledge of these law enforcement officers have. I tell the aggressive, guy For a Law Enforcement Officer you are truly very ignorant of the laws. Of course I am only referring to the several they were trying to “discuss” with me.

Again they continue to hassle me about open carry, and will detain me for “investigation” every time they see me or receive a call about me. Asking repeatedly if I am going to go complain to the Mayor or not. (not that it would do any good, this town) I state that at this point a lawyer would be a good idea. Again they say a few more things before releasing me.

Well this story is long and not ‘just the facts ma’am’ but I had to write this out this way to flush as much out of it out of my brain as possible. I did talk to a reporter at the Bellingham Herald, and of course that might be fruitless, and one sided once he gets the police’s point of view, I am upset about my gun rights, but really worried about the way they also trampled on all my other rights. If they wouldn’t have done that my second amendment rights wouldn’t have been an issue. Also the only reason I talked to the reporter is my cousin urged me to do something since I cannot afford a lawyer at this time. He sat in the parking lot of the police station not far from this last encounter and can contest to the demeanor and actions of the officers. He has served in the military for several years including Iraq for at least two tours, with many medals and honors. He is a very disgusted that these folks trampled on my freedoms that he so honorable fought for.
 

sudden valley gunner

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The one thing I left out was there was a split second where it was almost a fight or flight situation. While behind his door he looked down for a second I almost dove for the bushes /or drew my weapon, his looking down though was to flick on his grill lights which at that point is when I realized for sure he was an officer. Very very close call.

I wrote it in word is there an easier way to post the document?
 
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VW_Factor

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Leesburg, GA
Reading this is pretty much why I am hesitant to try open carry yet. I really don't want my first encounter to be a difficult one.
 

sudden valley gunner

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Messages
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Whatcom County
Reading this is pretty much why I am hesitant to try open carry yet. I really don't want my first encounter to be a difficult one.

This happened over a year ago. I wouldn't be hesitant, we all got to start the fight for the rights somewhere. I highly doubt your encounter would be a bad one this encounter happened many months after I had decided to open carry everywhere I go.
 

amlevin

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Feb 16, 2007
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North of Seattle, Washington, USA
This happened over a year ago. I wouldn't be hesitant, we all got to start the fight for the rights somewhere. I highly doubt your encounter would be a bad one this encounter happened many months after I had decided to open carry everywhere I go.

I guess there is a little cynic in me. The Bellingham PD has agreed to settle but what of the Officers involved? Did any disciplinary action get taken on them? Their blatant willingness to threaten you with harassment every time they saw you open carrying surely should get them, at a minimum, a letter of reprimand.

Just settling may be OK but how about the "Instigators"?
 
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VW_Factor

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Leesburg, GA
I have my CHL for Oregon. (Because preemption only exists if you have the OR CHL)

I have OC'd in Oregon, including Woodburn this summer with no issues.

Preemption is only important in those areas where open carry is denied though correct? Places such as Salem, PDX, and the like?

I ask because mines "in the mail" atm.
 

gogodawgs

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Oct 25, 2009
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Federal Way, Washington, USA
Preemption is only important in those areas where open carry is denied though correct? Places such as Salem, PDX, and the like?

I ask because mines "in the mail" atm.

Correct. Again I have had no issues. I do carry a video or voice recorder when I am out and about. I am versed in the 4th amendment if I have an interaction, but I have had no issues in Oregon or Washington.
 

sudden valley gunner

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Messages
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Whatcom County
I guess there is a little cynic in me. The Bellingham PD has agreed to settle but what of the Officers involved? Did any disciplinary action get taken on them? Their blatant willingness to threaten you with harassment every time they saw you open carrying surely should get them, at a minimum, a letter of reprimand.

Just settling may be OK but how about the "Instigators"?

I would be more concerned with disciplinary action and training reports. But it's good there was some compensation.

Training reports is part of the deal!! Disciplinary action I wish, and there is something else I have in the works. They don't like me and my last "encounter" was proof of it my mind. But I now have a documented action against them, so any other people who have rights violated should have an easier time pursuing disciplinary action.
 

Wolfebane

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Aug 11, 2010
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Whidbey Island
Reading this is pretty much why I am hesitant to try open carry yet. I really don't want my first encounter to be a difficult one.

Whew, a year ago...you scared the crap out of me if this had been recent. Awful story though. I live near Sehome and would be willing to OC with you at the same coffee shop if that's something you are interested in.

-Wolfebane
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Whew, a year ago...you scared the crap out of me if this had been recent. Awful story though. I live near Sehome and would be willing to OC with you at the same coffee shop if that's something you are interested in.

-Wolfebane

Sure, I still go there all the time, all the cops did was make this stubborn ass more determined to stand up for what I believe in.

I am self employed and pretty open to impromptu meets or a gathering we haven't had one in Bham in a little while.
 

Cougar125

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Aug 20, 2008
Messages
278
Location
Coupeville, WA
SVG - The next time I'm in WA to visit my daughter (she lives with her mom in Burlington), I'll pack my XD and we'll grab some coffee.
 
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