JimMullinsWVCDL
State Researcher
No. There will be no motion hearing, no preliminary hearing, and no further criminal proceedings as the prosecuting attorney has dropped all charges and called on the Legislature to ban guns on college campuses.
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Man charged with bringing weapon onto college campus, yesterday, in Martinsburg, WV
- Thread starter justinmang892
- Start date
No. There will be no motion hearing, no preliminary hearing, and no further criminal proceedings as the prosecuting attorney has dropped all charges and called on the Legislature to ban guns on college campuses.
On to phase II?
hermannr
Regular Member
Now to get the college's policy invalidated, and maybe a bit of compensation? An injunction against the school so Mr. Beck can get back to class?
Definitly sounds like you are headed in the right direction.
Definitly sounds like you are headed in the right direction.
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JimMullinsWVCDL
State Researcher
New charges filed
Martinsburg Journal: Felony charges in gun case dismissed: Misdemeanor counts filed under different section of state’s code for incidents
Martinsburg Journal: Felony charges in gun case dismissed: Misdemeanor counts filed under different section of state’s code for incidents
Lord Sega
Regular Member
What I would like to know...
... is now that the criminal charges are dropped, what has or is happening with the school board's "code of conduct" disciplinary hearing?
Found the Student Handbook here: PDF link
Page 29 &30:
This is the only place that talks about firearms. It was not "Stored" or "used", it was carried (legally). So can they still say he is breaking a school code?
Maybe they will use sub B:
And if they do kick him out of the school, what civil suit might he bring against the school?
... *(^#^%$%$*(*& it, just saw JimMullins post above, so now they are trying some back-door trespassing misdemeanor charges, sheesh.
... is now that the criminal charges are dropped, what has or is happening with the school board's "code of conduct" disciplinary hearing?
Found the Student Handbook here: PDF link
Page 29 &30:
This is the only place that talks about firearms. It was not "Stored" or "used", it was carried (legally). So can they still say he is breaking a school code?
Maybe they will use sub B:
And if they do kick him out of the school, what civil suit might he bring against the school?
... *(^#^%$%$*(*& it, just saw JimMullins post above, so now they are trying some back-door trespassing misdemeanor charges, sheesh.
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Is she somehow related to the Commonwealth's Attorney in Virginia's Surry County?
And I can ask 'cause I'm from the other side of the mountain - don't you have state preemption over there? Seems to me the law she's trying to use relates to private property owners, not to state/local government agents.
stay safe.
zoom6zoom
Regular Member
Translation: "We were wrong and screwed up, so we'll change the law so we can react the same way next time and be right."
Shallnotbeinfringed
Regular Member
Here is what I'm seeing:
"oops, we screwed up when we arrested and charged him with a crime he didn't commit, so lets look around for one he did commit, or find one that has such a vauge definition that we might be able to charge and convict him with."
Tresspassing ... seriously?
"oops, we screwed up when we arrested and charged him with a crime he didn't commit, so lets look around for one he did commit, or find one that has such a vauge definition that we might be able to charge and convict him with."
Tresspassing ... seriously?
We-the-People
Regular Member
For those directly involved in this case you might want to get with Kevin Starrett at the Oregon Firearms Federation
http://www.oregonfirearms.org/
We just went through (sucessfully) a scenario that bears a lot of resemblance to this case, although the DA wasn't as rediculous. A vet lawfully concealed on campus was arrested, then released "in the interest of justice" by the DA (rather than admitting "cause he didn't break the law"). The school and the state board of education were teh BG's (as they seem to also be in this case) and put all manner of sanctions on the student including requiring a psyche eval, an essay on "the importance of following the law even when engaged in civil disobedience" (huh??), and then banning him from ANY Oregon University campus.
OFF and Kevin took on the board and just this month won at teh Oregon Appeals Court with the board being told (the courts decision) that they had no authority.
Our laws are different but the process and experiences might be helpful for those who are working this case.
http://www.oregonfirearms.org/
We just went through (sucessfully) a scenario that bears a lot of resemblance to this case, although the DA wasn't as rediculous. A vet lawfully concealed on campus was arrested, then released "in the interest of justice" by the DA (rather than admitting "cause he didn't break the law"). The school and the state board of education were teh BG's (as they seem to also be in this case) and put all manner of sanctions on the student including requiring a psyche eval, an essay on "the importance of following the law even when engaged in civil disobedience" (huh??), and then banning him from ANY Oregon University campus.
OFF and Kevin took on the board and just this month won at teh Oregon Appeals Court with the board being told (the courts decision) that they had no authority.
Our laws are different but the process and experiences might be helpful for those who are working this case.
TFred
Regular Member
I have two comments...
First, you really can't get a letter to your legislature off on a worse start than to open with 'you made a huge mistake...' :banghead:
"It is has come to the attention of my office that there is a statute which has created some unintended consequences."
ETA: What an arrogant presumption to make... that the legislature intended to ban guns from colleges. If they had wanted to do that, they certainly would have put it in the bill!
Second, it appears that there are already quite a few people who are very angry with Ms. Games-Neely. There is a previously existing Facebook group dedicated to finding her a new job. Perhaps it could use a few (dozen) more members?
http://www.facebook.com/group.php?gid=114287318613892
From that group page "Info" tab:
Best of luck in this case!
TFred
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JimMullinsWVCDL
State Researcher
"On the same day felony charges against a student who allegedly carried a gun onto campus were dropped, new misdemeanor charges were filed. "
JimMullinsWVCDL
State Researcher
Hagerstown Herald-Mail: Weapons charges against man now are misdemeanors
bcr229
Regular Member
From the WVCDL Facebook Page:
What: Protest in Opposition to Pam Neely, Martinsburg Prosecuting Attorney
When: 12:00 Noon, November 17th, 2011
Where: Intersection of W. Stephen Street, and S. Church Street, Martinsburg, WV
Why: On October 25, Pam Neely, Berkeley County Prosecuting Attorney, sent a letter to the legislature requesting more gun control. Surely, you read the WVCDL alert containing her ridiculous, anti-gun, anti-self-defense, anti-liberty tirade. The contents of that tirade are sickening regurgitations of Brady-esque style anti-gun phobia and paranoia. You have seen it all before, and you will see it again.
We feel that it is our duty to make sure that the residents and voters of that county are aware of Ms. Neely's ragingly anti-gun, anti-self-defense position.
Words of caution: Martinsburg has no city ordinances that I can find which would prohibit or impede this protest. However, signs and slogans must be clean, non-profane, and certainly non-threatening. Protestors may not impede the thoroughfare. Protestors may not make excessive noise.
A note: Open and concealed (with a permit) carry is legal in West Virginia. However, I would request that any WVCDL members or the general public avoid bringing longarms, loaded or unloaded, to the protest. Black rifles and shotguns are another battle. This battle is about the simple ability to carry the daily tools of self-defense while on college campuses, meaning, the handgun. Our goal is to inform and educate. We are not attempting to make a statement about so-called "assault rifles." Our goal is to inform and educate the middle, meaning those who have little or no opinion on the matter of self-defense.
Please feel free to spread the word on this protest via facebook, via email, via gun forums, and any other medium you can imagine. We need a large showing. Ms. Neely, the Prosecutor’s office, Martinsburg Police, and Blue Ridge Community and Technical College need to be aware that they have kicked a hornet’s nest. We must be that nest. Share this as many times as you can. Invite everyone you know.
What: Protest in Opposition to Pam Neely, Martinsburg Prosecuting Attorney
When: 12:00 Noon, November 17th, 2011
Where: Intersection of W. Stephen Street, and S. Church Street, Martinsburg, WV
Why: On October 25, Pam Neely, Berkeley County Prosecuting Attorney, sent a letter to the legislature requesting more gun control. Surely, you read the WVCDL alert containing her ridiculous, anti-gun, anti-self-defense, anti-liberty tirade. The contents of that tirade are sickening regurgitations of Brady-esque style anti-gun phobia and paranoia. You have seen it all before, and you will see it again.
We feel that it is our duty to make sure that the residents and voters of that county are aware of Ms. Neely's ragingly anti-gun, anti-self-defense position.
Words of caution: Martinsburg has no city ordinances that I can find which would prohibit or impede this protest. However, signs and slogans must be clean, non-profane, and certainly non-threatening. Protestors may not impede the thoroughfare. Protestors may not make excessive noise.
A note: Open and concealed (with a permit) carry is legal in West Virginia. However, I would request that any WVCDL members or the general public avoid bringing longarms, loaded or unloaded, to the protest. Black rifles and shotguns are another battle. This battle is about the simple ability to carry the daily tools of self-defense while on college campuses, meaning, the handgun. Our goal is to inform and educate. We are not attempting to make a statement about so-called "assault rifles." Our goal is to inform and educate the middle, meaning those who have little or no opinion on the matter of self-defense.
Please feel free to spread the word on this protest via facebook, via email, via gun forums, and any other medium you can imagine. We need a large showing. Ms. Neely, the Prosecutor’s office, Martinsburg Police, and Blue Ridge Community and Technical College need to be aware that they have kicked a hornet’s nest. We must be that nest. Share this as many times as you can. Invite everyone you know.
Slightly confused..
Being on the other side of the country (Idaho) and not knowing WV law, what WV law is he now being charged with? It reads like he is being charged with disobeying school policy. Grasping for straws? My head is about to asplode.
Being on the other side of the country (Idaho) and not knowing WV law, what WV law is he now being charged with? It reads like he is being charged with disobeying school policy. Grasping for straws? My head is about to asplode.
JimMullinsWVCDL
State Researcher
The new charges are misdemeanor charges for allegedly violating W.Va. Code § 61-7-14. Without tipping my hand, I will say that these charges are a stretch and represent nothing more than a little CYA and the result of dredging the ocean floor in search of anything to charge.
hermannr
Regular Member
I am with bowb: I am also on the other side (WA), and what I found strange was: "released on $3500 bond"? For a misdemeaner? and it sounds like a tespassing misdemeaner no less? Are you kidding me? Not only do you have a PA that is a real piece, she has the judge in her pocket too.
How much do you want to bet they are trying to plea bargin this so they won't get sued?
How much do you want to bet they are trying to plea bargin this so they won't get sued?
JimMullinsWVCDL
State Researcher
This was Mr. Beck's bond on one of the now-dismissed felony charges. He was released on his own recognizance on both misdemeanor charges.
Dreamer
Regular Member
I might actually drive out for this. I lived in Martinsburg for 5 years, and it is a wonderful town, that is unfortunately being ruined by carpetbagging DC-ers who moved out there for the lower real estate prices and lower cost of living, and now are just trying to turn it into another DC suburb.
(I actually lived on West John St., between Raleigh and Church, and this college was literally in my back yard...)
If I can get the time off work, I'll be OCing AND CCing...
Does WV have a "duty to inform" if you are CCing? Also, is WV a "Stop and ID" law for pedestrians? And lastly, does WV have any restrictions on audio or video recording in public, when there is no expectation of privacy?
I believe the answer is "no" on all three counts, but I think these are important points to know for people who are coming to this protest...
jmelvin
Founder's Club Member
Interesting stuff, thanks for keeping us filled in. I suppose the question that would arise is whether the college or university operating staff is granted personhood to fulfill the role of the person charged with the care, custody and control of real property.