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Interesting OC case ... acquitted

Felix

Felix

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Glad he won. Now I can hope his civil suit(s) will be successful and hit that AZ county hard in the pocketbook for the arbitrary and vindictive behavior.
 
sharkey

sharkey

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From the article:

but deny access to the defendant because he had a 'holstered' pitchfork was arbitrary, capricious and unreasonable,
Click to expand...

How do you "holster" a pitchfork?
 
H

hogeaterf6

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Or if it was sawed off. :) Wonder it if it had 3 tines or was it one of them 'high capacity' 4 prong models?
 
C

Custom Volusia

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I'll say it. He WAS tresspassing. The same rule applys there..if you are asked to leave and you don't, you're tresspassing. End of story. He was asked to leave and he didn't. Now, the reason he was asked to leave is retarded and should have resulted in an internal memo spelling out what exactly the policy is...allowing holstered handguns in but not 'holstered' pitchforks....but the reason matters little at the actual point of interaction. Asked to leave by the person that has the authority to do so...didn't leave.

Now the other things that he is looking at filing suit for...unreasonable bail..case left off the docket..all that..go for it.

But he was tresspassing.
 
hotrod

hotrod

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Custom Volusia said:
I'll say it. He WAS tresspassing. The same rule applys there..if you are asked to leave and you don't, you're tresspassing. End of story. He was asked to leave and he didn't. Now, the reason he was asked to leave is retarded and should have resulted in an internal memo spelling out what exactly the policy is...allowing holstered handguns in but not 'holstered' pitchforks....but the reason matters little at the actual point of interaction. Asked to leave by the person that has the authority to do so...didn't leave.

Now the other things that he is looking at filing suit for...unreasonable bail..case left off the docket..all that..go for it.

But he was tresspassing.
Click to expand...

Nope, not trespassing. You cannot give an illegal order (and that is what it was) and then charge a citizen with a crime. This took place on public property, not private, therefore trespassing is not the same. Trespassing on public property must include a crime, which is what they thought they had. The gentleman carrying the pitchfork was committing no crime, but law enforcement thought he was (ie. carrying a pitchfork). The judge ruled correctly, because he broke no law, he cannot be removed from public property.
 
Fallschirjmäger

Fallschirjmäger

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Custom Volusia said:
I'll say it. He WAS tresspassing. The same rule applys there..if you are asked to leave and you don't, you're tresspassing. End of story. He was asked to leave and he didn't. Now, the reason he was asked to leave is retarded and should have resulted in an internal memo spelling out what exactly the policy is...allowing holstered handguns in but not 'holstered' pitchforks....but the reason matters little at the actual point of interaction. Asked to leave by the person that has the authority to do so...didn't leave.

Now the other things that he is looking at filing suit for...unreasonable bail..case left off the docket..all that..go for it.

But he was tresspassing.
Click to expand...

You can say it, but it doesn't necessarily make it true.
Y'know ..... IF he was trespassing and it's so obvious, I kinda wonder why he was acquitted. And can you trespass on Public Property if you as a member of the Public have a reason to be there?
KINGMAN - A Kingman man has been acquitted of trespassing charges more than a year after he attempted to bring a pitchfork into the county administration building. Judge Pro-tempore Paul Julien ruled March 5 that Mervin Fried was not guilty of third-degree trespassing.
Click to expand...
 
Last edited:
MKEgal

MKEgal

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in front of my computer, WI
hogeater said:
Wonder it if it had 3 tines or was it one of them 'high capacity' 4 prong models?
Click to expand...
Looking at the picture at the top of the article, it's clearly an evil 6-pronged assault pitchfork with curved tines. Looks like the tines might even be black. No wonder they stopped him!

How's this for "reasoning"?:
Walker [county manager] said when he stopped Fried [citizen carrying the Evil Black 6-pronged Assault Pitchfork] at the door and asked him to leave the pitchfork outside, Fried asked "Why?" He testified that based on that response he didn't know what Fried might do and decided that he might be a threat.
Click to expand...
What an utter idiot!!!
Here's a citizen requiring a public official to explain himself, and the public official takes a simple question as a threat.
Maybe Mr. Walker was formerly in law enforcement? That sort of 'thinking' has been shown much too often by members of that profession.
 
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