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Thread: Surry Saga (Skidmark) amended to 4/19/11 !!!!

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    Moderator / Administrator Grapeshot's Avatar
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    Surry Saga (Skidmark) amended to 4/19/11 !!!!

    We have good news and not quite so good news.

    Earlier today the opposing attorneys appeared before the new judge to hear motions. Dan Hawes was well prepared and ready to go. Gerald Poindexter not so much - he needs more time to prepare.

    Results: The obstruction charge has been dismissed with prejudice.

    One down and one to go.

    The trial date has been moved to June 21st to hear the brandishing charge.

    For those not entirely up to speed on the background on all of this see the links to the prior threads below:

    http://forum.opencarry.org/forums/sh...5-2011-version

    http://forum.opencarry.org/forums/sh...or-Skidmark-**

    *********************
    NEWS FLASH -
    Look for some very interesting pictures from Peter Naps tonight or tomorrow.
    Last edited by Grapeshot; 02-15-2011 at 08:14 PM. Reason: format & fixed
    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
    Regular Member t33j's Avatar
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    Good news!
    Last edited by t33j; 02-15-2011 at 07:44 PM.
    Sic Semper Tyrannis

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    Activist Member swinokur's Avatar
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    Grape, let us know if additional "support" is needed.
    Last edited by swinokur; 02-15-2011 at 07:49 PM.

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    Regular Member Mr H's Avatar
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    Quote Originally Posted by Grapeshot View Post
    We have good news and not quite so good news.

    Earlier today the opposing attorneys appeared before the new judge. Dane Hawes was well prepared and ready to go. Mr Poyndexter not so much.
    Let's hear it for a "speedy trial"????

    There will be another donation forthcoming in the next couple weeks.

    Thanks for the update. Hang in there, Skid, User, et al!!

  5. #5
    Accomplished Advocate peter nap's Avatar
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    I really enjoy watching User in court. It reminds me of watching Muhammad Ali in his younger years.
    This thing dragged for the better part of the day but when Dan finally got his say before the Judge, it was impressive.

    The new Judge seems like a good one. He knows the law and when he's unsure, looks it up. The court was run like a real court this time.

    We went to lunch at Surry House after court, had a great lunch (late) and one f the local lawyers that had cases in court, came in. Dan chatted with him for a while before we left. I went back in to dump some trash and talked to him for a while about Poindexter.

    For the most part, he laughed and took the 5th.

    I'm going to put up a clip of "The Surry Side of the River" as soon as I make a few changes. Things are still tricky about what goes up and what doesn't but this should be interesting.

    I also spent a couple of hours talking to some of the locals. To be honest, it took me on a related but different track and right now I'm not sure whether I should pursue it for this Doc or save it for another day.

    This thing already has enough heads.

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    Moderator / Administrator Grapeshot's Avatar
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    Think this is just the beginning of many good things to come.

    While it is a bit early to announce plans, we will be looking for an impressive turn out in Surry on June 21st - which btw will be the last official day of Spring.

    May the sun shine brightly on Skid and may the road be gentle and smooth - either way, the mezzo soprano has not sung yetand there is still a lot of back stage work to be polished up. This whole thing gets more and more convoluted.
    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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    Activist Member swinokur's Avatar
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    So this was User's version of "rope-a-dope?"

    excellent.


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    Quote Originally Posted by Grapeshot View Post
    <snip boring stuff>
    Look for some very interesting pictures from Peter Naps tonight or tomorrow.
    Does this mean another caption contest???!!!!!








    (The "boring stuff" comment is entirely tongue-in-cheek)
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by swinokur View Post
    Grape, let us know if additional "support" is needed.
    I will do that - going to talk to Skid and Dan to get a status update to that regard.

    Plan ahead to maybe take a day of vacation June 21st - this going to be an event you don't want to miss.
    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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    Awesome. So the March 15 date is no more... and everything will happen on June 21? Just trying to line up days off...

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by wrightme View Post
    Does this mean another caption contest???!!!!!







    (The "boring stuff" comment is entirely tongue-in-cheek)
    Not on this one but....I videoed one yesterday that <Sigh> I'm sure you'll have fun with.

    Although, there will be one picture in this clip that is very serious (Not of me) that I will ask you not to caption. I may blur the face until the final Doc has cleared all the hurdles.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Awesome. So the March 15 date is no more... and everything will happen on June 21? Just trying to line up days off...
    That's what the judge said - June 21st !!!
    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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    Quote Originally Posted by Grapeshot View Post
    That's what the judge said - June 21st !!!
    Got it, thanks! i'll re-adjust the schedule....

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    One charge down, one to go... Go skidmark and attorney!

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    Regular Member 1000ydshooter's Avatar
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    June 21st sounds good. Will be back in country buy then,and im about a 20 min ride3 from surry. May bring my son show him that when you stand your ground and do things right you can win, even over those who want to keep us down.

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    Wait, so now he's down to just the brandishing charge?

    You know, the one "brandishing" they had on tape, and decided to record over in a hurr durr moment? (more likely a CYA moment...)

    Looking good to me.
    Why open carry? Because 1911 > 911.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by AbNo View Post
    Wait, so now he's down to just the brandishing charge?

    You know, the one "brandishing" they had on tape, and decided to record over in a hurr durr moment? (more likely a CYA moment...)

    Looking good to me.
    It would have been "just" if both charges had been dismissed.

    We will be planning a return trip to Surry to clearly communicate our solidarity and support - details later - the 21st of June is still 4 months away.
    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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    Regular Member The Wolfhound's Avatar
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    Anyone selling Kangaroo pelts?

    There seems to be a sudden shortage of Kangaroos in Surry. Continued prayers for a good final outcome.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by The Wolfhound View Post
    There seems to be a sudden shortage of Kangaroos in Surry. Continued prayers for a good final outcome.
    No shortage - They have cross bred with ostriches - head stuck firmly up their in the sand.
    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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    Regular Member 2a4all's Avatar
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    Quote Originally Posted by AbNo View Post
    Wait, so now he's down to just the brandishing charge?

    You know, the one "brandishing" they had on tape, and decided to record over in a hurr durr moment? (more likely a CYA moment...)

    Looking good to me.
    That the brandishing charge survived motions to dismiss is a bit troubling. Apparently, there's enough to establish that the security supervisor's concerns about being spoken to sternly (feeling threatened?) by a MWAG are credible. This seems to lower the threshold that could get an irate OCer in trouble, leaving the issue of "I wasn't trying to scare him, just trying to make my point." as a matter of intent.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Accomplished Advocate user's Avatar
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    Glad to have been able to provide some entertainment!

    Status:

    As to the obstruction charge, the plea in abatement was granted and the case dismissed with prejudice. The problem was that the sworn statement filed in support of the issuance of the warrant failed to provide any facts supporting the charge of obstruction of justice. The Commonwealth's Attorney told me that he'd spoken to the Sheriff who basically confirmed that there was no factual basis for that charge, and to his credit, agreed to the order dismissing the charge on that basis.

    As to the charge of brandishing a firearm, the Commonwealth's Attorney indicated that he wanted more time in which to file a bill of particulars and discovery response; I'd filed a motion to dismiss for failure to do so based on what Judge Palmer had ordered orally at our last hearing; unfortunately, however, he failed to provide any written indication of what he'd ordered, and in Virginia, "a court speaks only through its written orders". Generally, in the General District Courts, the judge will simply write, "granted" or "denied", on the front of whatever written motion they're ruling on, along with the date and signature. Judge Palmer apparently left no record whatsoever. So the compromise was that the Commonwealth gets another three weeks in which to file, but this time a written order (supplied by me) was entered.

    I'd also had some problems getting subpoenas issued by the Clerk of Court and served by various sheriffs. The result is that three of the four subpoenas duces tecum (demands for documentary evidence) received no response at all. The continuance of the trial date allows the Commonwealth to produce pleadings and discovery, and for me to do another round of subpoenas, and to give me time to do some independent investigation of the facts that the Commonwealth will rely upon to prove that Skidmark actually engaged in some behavior justifying a charge of brandishing a firearm. (The Commonwealth's Attorney has told me some things informally, and I've read the original complaint to the magistrate, but thus far, I haven't heard or seen any factual basis that would support the elements of the crime alleged, much less anything amounting to evidence of each of the elements by proof beyond a reasonable doubt.) So the continuance of the trial date will be helpful.
    Last edited by user; 02-16-2011 at 12:49 PM.
    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.

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by 2a4all View Post
    That the brandishing charge survived motions to dismiss is a bit troubling. Apparently, there's enough to establish that the security supervisor's concerns about being spoken to sternly (feeling threatened?) by a MWAG are credible. This seems to lower the threshold that could get an irate OCer in trouble, leaving the issue of "I wasn't trying to scare him, just trying to make my point." as a matter of intent.
    That wasn't the issue: the question was whether the Commonwealth should have provided written support for the charge on a timely basis as originally (but orally) ordered at the last hearing. The factual basis of the complaint (if there is one) has not been subjected to test as yet.
    Last edited by user; 02-16-2011 at 12:51 PM.
    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.

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    Making my plans...,

    to be there. Tazdad says if things work out for him, he's gonna come with me.

    On another note, great breakfast the other day at RCD, and much thanks to peter nap for all the info I got on 1911's, not to exclude all of the work he's done on this "Surry Sewage" mess and tons of other things, extremely helpful as always.

    Keep up the great work peter nap, but see if you can catch a "nap" here and there, and carry on brothers and sisters!!!

    sidestreet

    we are not equal, we will never be equal, but we must be relentless.

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    Moderator / Administrator Grapeshot's Avatar
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    Planning to Attend 6/21 Surry Event?

    If you are planning to attend the Surry court date for Skidmark, send me a short simple PM so that we may keep track of the numbers etc.

    I have recorded/counted those of you that have already so indicated.
    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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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by sidestreet View Post
    to be there. Tazdad says if things work out for him, he's gonna come with me.

    On another note, great breakfast the other day at RCD, and much thanks to peter nap for all the info I got on 1911's, not to exclude all of the work he's done on this "Surry Sewage" mess and tons of other things, extremely helpful as always.

    Keep up the great work peter nap, but see if you can catch a "nap" here and there, and carry on brothers and sisters!!!

    sidestreet

    we are not equal, we will never be equal, but we must be relentless.
    Thanks Sidestreet.
    I've spent most of the day today, at the VDOT headquarters in Richmond. I have filed more FOIA's and raised a little Hell. Rode my motorcycle too

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