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Thread: ** Legal Defense fund for Skidmark **

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    Moderator / Administrator Grapeshot's Avatar
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    ** Legal Defense fund for Skidmark **

    Legal Defense fund for Skidmark -

    Several weeks ago Skidmark took a notion to drive to Williamsburg from his home near Richmond, thinking that he'd take the scenic route to enjoy the fall color in the leaves along the James River. His leisurely trip was interrupted at the Surry ferry crossing; a private contractor working for VDOT to "ensure security" ordered Skidmark to get out of his car, instead of asking if he could look inside the vehicle as he is supposed to do. Perhaps the "security" contractor noticed Skidmark's GSL and VCDL magnets on the rear of the car.

    Skidmark asked the guy what authority he had for ordering him out of his car instead of simply asking him to pop the back open so they could look inside. The guy refused to answer that question, and simply reasserted his demand that Skidmark get out of the car. Skidmark elected not to take the ferry, and went to the turn-around point where he had a conversation with the "security" contractor's supervisor. When Skidmark asked him what authority the first guy had to order him out of the car, the supervisor basically called Skidmark a liar and told him that what had just happened never did happen. Skidmark pointed his finger at the supervisor, punctuating the word, "you", and said, "You don't know, you weren't there."

    The supervisor took the finger-pointing as "a threat" and ended up calling the Sheriff's office. Now, Skidmark was openly wearing his Rohrbaugh 9mm at the time, but never made any reference to it during the course of these events. A deputy showed up after a while and interviewed everyone else who was involved before getting around to talking to Skidmark. By now, Skidmark had parked and locked his car, and was never "operating a motor vehicle" during the time the deputy was present. The deputy demanded that Skidmark produce a driver's license. The deputy threatened Skidmark with unspecified criminal charges if he failed to produce the driver's license as ordered. Since Skidmark was not in, or even near, a car, he declined to do so, orally identifying himself by giving the deputy his name and address.

    At no time did Paul gesture towards, touch, mention, or make any reference to, his handgun.

    The deputy demanded that Skidmark produce "paperwork for that gun". Skidmark asked what "paperwork" the deputy was referring to and was told "We want to make sure that gun is legal."

    After finally getting the deputy to state that he was not detained and was free to leave, Skidmark got in his car and left. No attempt was made to stop him or to place him under custodial arrest for any offense.

    Much later, having arrived back at home in Chesterfield County, Skidmark was placed under full custodial arrest by five deputies from the Chesterfield County Sheriff's Office (who even brought their K-9 unit along). These men cuffed Skidmark, put him in the back of a cruiser and took him to the Chesterfield courthouse where he was fingerprinted, photographed and took him in front of a magistrate. There, Skidmark learned that he had been charged with obstruction of justice and brandishing a firearm. (Obviously, if either of these charges had been legitimate, Skidmark would have been arrested on the spot.) Skidmark had to put up a sizeable cash bond in order to secure his release, because the magistrate in Surry County had specifically marked the misdemeanor arrest warrants to prohibit release upon recognizance or by issuance of a summons. They clearly wanted Skidmark to have to go to jail pending trial.

    Several members of this Forum attended the first hearing in Surry to set the trial date fully expecting both charges to be nolle pros'ed. We were not allowed in the court room – the hearing was CLOSED. Trial was set for Jan 4, 2011.

    Let me consolidate this for you – Skidmark "brandished" his finger and didn't produce his papers on demand. He thought he had the situation resolved, but apparently underestimated the deputy's determination to punish him for contempt of cop – the "we can do this the easy way or the hard way" type of thing.

    Like a lot of us, Skidmark is not in a position to comfortably afford the needed representation on his own. Something I think that the deputy was counting on – what they don't understand is our collective resolve.

    Accordingly, we are setting up a legal defense fund for Skidmark and hope that many of you will contribute and plan to attend the trial. The following from his attorney:
    Skidmark's Legal Defense Fund
    Anyone wishing to contribute should send a check to:

    Virginia Legal Defense
    P.O. Box 100
    Broad Run, Va. 20137


    Checks should be made out to "VLD Attorney Escrow", with a notation on the memo line that it's for Skidmark (Paul Henick). Just writing "Henick" will be sufficient. All such checks will be deposited into the attorney-trust account on Paul's behalf and as his property; anyone who does so should understand that this is not tax deductible, and that it's an irrevocable gift to Paul. If there's money left over at the end of all this, it will go to him.

    ....................................OR

    Send your contributions via PayPa


    Be sure you click the PERSONAL tab, and then click the GIFT button, This will eliminate PayPal taking a cut of your contribution.
    • I see this as an attack on all of us and we cannot let it go unanswered.


    • I am shocked that a problem like this exists in my state.


    • I am appalled that Surry has proceeded with it.


    • I am angry and determined to do what I can.
    Last edited by Grapeshot; 12-04-2010 at 07:18 PM. Reason: add & fix
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  2. #2
    Accomplished Advocate peter nap's Avatar
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    ,I posted briefly about this earlier. Because Skidmark wasn't sure what his attorney wanted, I deleted it immediately. In the two minutes that the thread was visible, two members contributed to the fund.

    If two of us can do it in two minutes, I certainly hope the rest will shoot a box less of ammo and at least kick that amount in.

    There is constantly talk here of defending our rights. Well this is the most blatant abuse of rights I've seen.

    Many of us know Skidmark. The rest have benefited from his research and wisdom on this forum. While he may seem abrupt to newcomers, those of us that know him see a very different person. One that has a heart of gold and has given much more than most to the gun community.

    Hopefully, we can give some back now, both in monetary support but also moral support.

    Being arrested for just being a law abiding Citizen who exercises his rights, is a stressful thing. It doesn't bother criminals but plays hell with honest people.
    Last edited by peter nap; 12-03-2010 at 08:49 PM.

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    If he has a carry permit are they going to try and revoke it?

    "The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts."

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    This is from the ferry's VA.gov website:

    What can I do to make things move more quickly?

    We encourage passengers to arrive early, be patient with the security officers screening vehicles, and be prepared to open trunks and enclosed containers when selected for screening. Security officers will work to make the screening process move as quickly as possible.

    What if I refuse to be screened?

    All passengers must consent to security screening to board the ferry.

    What are you looking for?

    • Unaccompanied baggage or packages
    • Explosives and incendiary devices
    • Hazardous materials
    • Items that could result in significant loss of life, environmental damage, or a disruption to the transportation system

    http://www.virginiadot.org/travel/fe...stown-faqs.asp

    It would be helpful to see the criminal complaint that was filled out. Also, who's name is on the warrants? Is the deputy from the ferry, the supervisor from the ferry, or someone else? Depending who's name is on the warrant (it should be on the left side approximately 1/3 of the way from the bottom), it will explain a great deal.

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by palerider116 View Post
    ... It would be helpful to see the criminal complaint that was filled out. Also, who's name is on the warrants? Is the deputy from the ferry, the supervisor from the ferry, or someone else? Depending who's name is on the warrant (it should be on the left side approximately 1/3 of the way from the bottom), it will explain a great deal.
    The brandishing charge was made by the contractor's supervisor; the obstruction charge was made by the deputy. What do you make of that?

    By the way, can I talk you into sending money?
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by palerider116 View Post
    snip.........It would be helpful to see the criminal complaint that was filled out. Also, who's name is on the warrants? Is the deputy from the ferry, the supervisor from the ferry, or someone else? Depending who's name is on the warrant (it should be on the left side approximately 1/3 of the way from the bottom), it will explain a great deal.
    Any and all such questions will default to user who is Skidmark's attorney, for reasons that should be obvious.

    The primary point here is to make all aware of the situation and encourage everyone to rally to the cause.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Campaign Veteran kimbercarrier's Avatar
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    Sorry to hear about this. I guess they will find out that he's not a pushover. I'll be glad to help.

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    Quote Originally Posted by Grapeshot View Post
    Much later, having arrived back at home in Chesterfield County, Skidmark was placed under full custodial arrest by five deputies from the Chesterfield County Sheriff's Office (who even brought their K-9 unit along). These men cuffed Skidmark, put him in the back of a cruiser and took him to the Chesterfield courthouse where he was fingerprinted, photographed and took him in front of a magistrate.
    Unfortunately Chesterfield is sucked into this because Surry issued warrants, and without a doubt, informed Chesterfield that Skidmark was armed with a weapon. They were just doing what they are required to do by law (18.2-475 & 18.2-476 & 18.2-469).

    A FOIA request for the CAD report or CFS for Chesterfield would be beneficial. It would show what information was relayed to them by Surry.
    Last edited by palerider116; 12-03-2010 at 09:06 PM. Reason: Added a reference.

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    Regular Member dedeye's Avatar
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    I'm not in the State, But i'm gonna donate to the Fund!

    http://www.concealedcarrylegal.com/travelingInTexas.cfm

    I'm not selling for them and this may be just for Texas, but should be some in every state.

  10. #10
    Regular Member ChiTown's Avatar
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    Unbelievable!!! I can't believe that this has happened. I guess Surry County didn't have anything else better to do. What ever happened to "land of the free"? We will keep Paul in our prayers.

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    Quote Originally Posted by user View Post
    The brandishing charge was made by the contractor's supervisor; the obstruction charge was made by the deputy. What do you make of that?

    By the way, can I talk you into sending money?
    Brandishing: The deputy didn't find probable cause for the offense. Under 19.2-81 subsection G, the deputy would have had legal authority to effect the arrest. The criminal complaint filled out by the contractor's supervisor would shed light on what was conveyed to the magistrate.

    Obstruction of Justice: I'm going to throw a flag for contempt of cop because at no time did the deputy place Skidmark in investigative detention for any crime. Secondly, it appears from Grapeshot's post that there really wasn't a crime being reported. It probably fell under the catch all "disorderly conduct/civil disturbance" category. I would do a FOIA request for the 911 recording, the CAD/CFS report, and the clearing notes from the deputy (assuming he has an MDC/MDT). The deputy's criminal complaint (if Surry requires their LEO's to fill out the form) would explain what the deputy conveyed to the magistrate.

    If the two criminal complaints do not rise to the probable cause of the two offenses, I would recommend complaining to the Virginia Supreme Court (here is the link: http://www.courts.state.va.us/courta...html#complaint )

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by kimbercarrier View Post
    Sorry to hear about this. I guess they will find out that he's not a pushover. I'll be glad to help.
    Skidmark is well educated in the principles and extremely dedicated to the cause - we have all benefited from his council.

    Rally 'round the flag boys and girl's - now is the time to show our resolve and help set this right.

    This a CALL TO ACTION for one of our own. The trumpet has sounded!
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Campaign Veteran kimbercarrier's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Skidmark is well educated in the principles and extremely dedicated to the cause - we have all benefited from his council.

    Rally 'round the flag boys and girl's - now is the time to show our resolve and help set this right.

    This a CALL TO ACTION for one of our own. The trumpet has sounded!
    Grape that's one of the reasons I want to help. I know he's done a lot for us and will continue to do so.

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    Obstruction of justice tends to be a catch all code for police officers, but there is a two prong test to be used:

    1) What is the justice process at that moment in time? (i.e. is there a criminal matter being investigated and if there is, what is it?)

    2) Is the person actually obstructing justice (preventing the officer from discharging his duties) or just not cooperating?

    It appears that the deputy appears ill acquainted with the VA code. He decided to confirm this with swearing out a warrant.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by kimbercarrier View Post
    Grape that's one of the reasons I want to help. I know he's done a lot for us and will continue to do so.
    I was just adding my "dollar two ninety-five"
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
    Regular Member HeroHog's Avatar
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    This chaps my tail to no end! I hope that Skidmark gets enough hide out of this to live out his remaining years comfortably or at the least buy a NICE new Van!

    Skidmark, I am back home in Louisiana and still as poor as a church mouse but if there is ANYTHING I can do, you just let me know!

    UNbelieveable!
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  17. #17
    Regular Member Dreamer's Avatar
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    Has the Paypal account been set up yet?

    I'm a ramen-eating grad student, but I'll GLADLY scrape something together to donate to Skid. He is one of the most honorable, upstanding, and GENUINE people I've ever met, and I'll do anything in my means to help him out on this one...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Dreamer View Post
    Has the Paypal account been set up yet?

    I'm a ramen-eating grad student, but I'll GLADLY scrape something together to donate to Skid. He is one of the most honorable, upstanding, and GENUINE people I've ever met, and I'll do anything in my means to help him out on this one...
    Hopefully will be done during the day tomorrow - will want separate bank account.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    When you get the PayPal set up, I will send a contribution.

    I'd love to see us set up a war chest for such defenses and the ensuing civil suits. I would regularly contribute to such a set-up. In time, with civil suits, it could become self-sustaining--at least until rogue LEAs and DAs get the message to leave LACs who carry alone and the civil suits dry up.

    BTW, I am pissed.

    On edit: Did skidmark have a recorder? Where it is lawful, everyone needs to carry a recorder. When I OC in pubic, mine is always running. It helped me get my last LEO encounter on tape.
    Last edited by eye95; 12-03-2010 at 10:00 PM.

  20. #20
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Or you direct funds through PayPal
    Will do.

    Hopefully Paul had his digital recorder ON and running. A reminder to all.. having a DIGITAL Record is always better to build a timeline and "remember" what happened and what was said. When the gun goes on, so does the recorder.
    Ed
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    I have just been advised that this has been cross posted/linked on the following sites:


    • TheFirearmsForum.com


    • Glocktalk.com


    • VaGunTrader.com


    • VaGunForum.net

    Please feel free to repost/quote the OP (post #1) in it's entirety wherever beneficial to Skidmark, be sure to include the link to this thread.

    Let's roll!
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  22. #22
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    Quote Originally Posted by Grapeshot View Post
    I have just been advised that this has been cross posted/linked on the following sites:


    • TheFirearmsForum.com


    • Glocktalk.com


    • VaGunTrader.com


    • VaGunForum.net

    Please feel free to repost/quote the OP (post #1) in it's entirety wherever beneficial to Skidmark, be sure to include the link to this thread.

    Let's roll!
    I will link this on http://AlabamaOpenCarry.com.

  23. #23
    Regular Member AtackDuck's Avatar
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    I'm in

    A little bit in the mail tomorrow...
    Go get 'em.

  24. #24
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Grapeshot View Post
    I have just been advised that this has been cross posted/linked on the following sites:


    • TheFirearmsForum.com


    • Glocktalk.com


    • VaGunTrader.com


    • VaGunForum.net

    Please feel free to repost/quote the OP (post #1) in it's entirety wherever beneficial to Skidmark, be sure to include the link to this thread.

    Let's roll!
    I just added it here:
    http://countryplans.com/smf/index.ph...6680#msg126680

    Fits right in with the TSA threads.

  25. #25
    Founder's Club Member - Moderator ed's Avatar
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    Postcard Sent

    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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