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Thread: State v Norris court date set

  1. #1
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    Urban Skeet City, Alabama

    State v Norris court date set

    Quote Originally Posted by Jonathon Norris
    Circuit Court date has been set. I received a letter from Ann Marie Adams, Circuit Court Clerk, a few minutes ago.

    Monday, November 14, 2011 @ 9:00AM

    How did the dishonorable Tracy Todd so eloquently put it? "Let's kick the tires and light the fires!"

    Yes, let's.
    It's understood this will be at the Jefferson County Courthouse, before the circuit court. As this is a trial de novo, it is expected that all of the witnesses from the previous municipal court will be present, including "This Officer" Osbourne and the amazingly named Sgt. Slaughter -- Osbourne's supervisor for the arrest.

    Norris was arrested on July 4, 2009, playing chess on Starbucks' furniture with a homeless man. Norris was armed with a Glock 17 on his side and a semi-automatic AK-47 slung across his back. Another man was arrested that day, Matthew Hennigan, who was armed with a 1911 IWB with an exposed grip. While both were charged with Disorderly Conduct (Code of Alabama 13A-11-7), Hennigan's charges were dropped (null prossed) and his weapon returned to him.

    On March 9, 2011 Norris was convicted of Disorderly Conduct by Judge Tracy Todd, a first-year judge in the Municipal Court of Birmingham, Alabama.

    On July 20, 2011, the following was posted to's forums, and soon seconded by others:

    Lt Eddie Fulmer
    4409 Oak Meadow Drive
    Northport, Alabama 35473

    These are the events that occurred on July 20th 2011 at the

    Birmingham Municipal Court
    David J. Vann Municipal Justice Center
    801 17th Street North
    Birmingham, AL 35203

    To Whom it may concern,
    A friend of mine, Kyle, and I arrived at the courthouse at about 1310 hours. We had a friend that was waiting for sentencing there at 1:30. We were there to show support of Jonathon, a mutual friend, who had been arrested on a charge of disorderly conduct for openly carrying a firearm in Birmingham. As a show of support, both of us were wearing empty holsters. After being in the lobby for about 15-20 minutes, one of the officers, T. McCall, approached us and stated we couldn’t have those in the courthouse. She said we were trying to intimidate someone by having them. This is my regular attire that I wear everyday with the exception of my weapon, I explained. She replied “I run things here and you aren’t coming in my court with those on.” After thinking about it for a few minutes, we gave our empty holsters to some of the other people that had shown up to offer support. I believe there were a total of 8 of us who showed up that knew each other.
    Kyle and I then went back in, and after going through the screeners, entered the courtroom. I recall 4 of us that were sitting on the row next to the back. Court was to start at 1330 hours. At about 1340 the court doors opened and everyone that wasn’t a defendant was told they had to leave! This is a public courtroom and it’s my understanding that if I’m neither disturbing the peace nor causing some kind of alarm, there is no reason I can’t be there. I remember one gentlemen asking why he couldn’t stay with his daughter who was being sentenced that day. He received no answer. He suffered because “they” wanted us removed. That day the courtroom, and the property it sat on, suddenly became private.
    As we exited, our holsters were retrieved and we put them back on. About this time I was really feeling that I/we had been singled out and were being denied our rights as citizens of this great State. I had just been asked to leave a public Courthouse that I help pay for! While standing in the shade of the courthouse waiting to learn Jonathon’s sentence, we noticed more than seven police cars show up. A horse and 2 bicycles with LEO on them also appeared. There were 8 of us, with 3 visibly armed. When the “troops” felt they had enough to approach us, they did and we complied with every demand.
    We were threatened with arrest, told we were on private property, threatened again, then told to leave the private property we were own. Yes, she advised us that we were on “private property that was just like the post office property.”
    I can say, with some degree of authority, that I have never seen such unprofessional behavior out of police officers in my entire 27 year career with the Tuscaloosa Fire Department. The BPD officers, who were there, were very shallow in the law, disrespectful, belligerent, and threatened legally armed law abiding citizens with arrests they weren’t lawfully able to make. They made the situation, they created, worse with their posturing and almost god-like attitude. The whole thing could have been handled by one officer who knew the law. Instead the officers took it upon themselves to unnecessarily call in reinforcements, and take some of the protection they offer the citizens of Birmingham away. We weren’t displaying threatening behavior, waving signs nor doing anything to call attention to ourselves. I can assure you that every member of our group knew the law better than any officer there. We study the law and KNOW it.
    I had many of my rights violated today. I can say, without reservation, my 1st and 2nd amendment rights were trampled by the ignorance of the Birmingham Police officers who were there that day. I can only hope BPD will learn from this instead of thinking that we are going away. There needs to be some training going on and it needs to happen now. The last time something like this happened fire hoses and dogs were involved. Is this what the leaders of Birmingham want? I hope not. All we want is to be able to exercise our rights as provided by the constitution of Alabama and the constitution of the United States of America.
    The section below covers what happened to every member of our group. We were in effect, denied our rights under color of the law. I am sending this to every person listed below. Please note almost every word spoken at this event was recorded by audio and some video. We have learned through previous encounters that we need to do this to protect ourselves.
    I want to know what is going to be done about this and when. I look forward to hearing from you.

    Respectfully submitted,

    Eddie Fulmer

    18 U.S.C. 242 : US Code - Section 242: Deprivation of rights under color of law
    Whoever, under color of any law, statute, ordinance, regulation,
    or custom, willfully subjects any person in any State, Territory,
    Commonwealth, Possession, or District to the deprivation of any
    rights, privileges, or immunities secured or protected by the
    Constitution or laws of the United States, or to different
    punishments, pains, or penalties, on account of such person being
    an alien, or by reason of his color, or race, than are prescribed
    for the punishment of citizens, shall be fined under this title or
    imprisoned not more than one year, or both; and if bodily injury
    results from the acts committed in violation of this section or if
    such acts include the use, attempted use, or threatened use of a
    dangerous weapon, explosives, or fire, shall be fined under this
    title or imprisoned not more than ten years, or both; and if death
    results from the acts committed in violation of this section or if
    such acts include kidnapping or an attempt to kidnap, aggravated
    sexual abuse, or an attempt to commit aggravated sexual abuse, or
    an attempt to kill, shall be fined under this title, or imprisoned
    for any term of years or for life, or both, or may be sentenced to

    Don Lupo, Co-Director
    City Hall - Second Floor
    710 North 20th Street
    Birmingham, Alabama 35203-2216

    Chief A.C. Roper
    1710 1st Ave North
    Birmingham, AL 35203

    Sgt. Johnny Williams PIO
    1710 1st Ave North
    Birmingham, AL 35203

    Honorable Mayor William A. Bell, Sr
    Birmingham City Hall
    710 20th Street North
    Birmingham, Alabama 35203-2216

    Sheriff Mike Hale
    2200 Reverend Abraham Woods Jr. Blvd.
    Birmingham, AL 35203
    Brandon K. Falls DA Jefferson County
    801 Richard Arrington Jr. Boulevard North
    Birmingham, Alabama 35203
    Fulmer and others have filed complaints with The City of Birmingham Police Department. To date, the City of Birmingham has yet to respond or even indicate if such complaints have been investigated.
    Last edited by Kirbinator; 09-20-2011 at 12:20 AM.
    It takes a village to raise an idiot.

  2. #2
    Regular Member Brimstone Baritone's Avatar
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    Mar 2010
    Leeds, Alabama, USA
    In case it wasn't clear, July 20th was the sentencing for the March 9th conviction. Mr. Norris was sentenced to pay a $500 fine (the maximum statutory penalty for a class C misdemeanor), serve 90 days in jail (once again the maximum), and was 'graciously' given 2 years probation (again, maximum) in return for not having to serve 180 days (more than the maximum punishment prescribed by law).

    The lawyer mentioned that in more than 20 years, he had never seen such a harsh sentence for a first time offender.

  3. #3
    Regular Member
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    Jan 2010
    Urban Skeet City, Alabama
    Ladies and Gentlemen,

    It is my honor to pronounce that Norris V State is over.:

    Quote Originally Posted by Jonathon Norris

    Outcome of Birmingham vs. Norris
    on: Today at 06:08:53 PM

    Today was a monumental and bittersweet moment in the history of Alabama Open Carry.

    There is good news and bad news, the good news is that the charge of Disorderly Conduct against me has been DISMISSED by Judge Lichtenstien. He has ordered the BPD to return my weapons and I will probably get my permit back. The bad news is that it is now up to Jason Tulley to file suit in Federal Court, as I have signed a release to not sue the BPD. I feel that I have let you guys down.

    The truth is that I would not have had time (before July) nor resources to file a Federal suit against these guys and that they were admonished by the judge to be more careful. Also, if this happens again, it won't take as long and we will be able to establish a "pattern of abuse" rather than an "isolated incident." This isn't stopping me from feeling that I have lost my honor. I will work hard within ALOC to regain it, and at least now we can all get behind Jason Tulley who has a better chance than I at getting some much needed recompense for the wrongs we have suffered. We can also fight by getting SB 337 and HB 132 passed this session. I feel that this is a neutral-to-generally-positive outcome.

    The charge has been dropped; the state nolle prossed.
    Last edited by Kirbinator; 04-02-2012 at 11:18 PM.
    It takes a village to raise an idiot.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Last edited by FTG-05; 04-03-2012 at 03:57 PM.

  6. #6
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    SW Idaho

    Thumbs up

    Glad to hear it!
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  7. #7
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    Its wonderful to finally hear some good news.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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