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Female OC advocate needs our help to fight bogus charges!

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
http://forum.opencarry.org/forums/sh...ed-with-941-23
http://www.wisn.com/r/29843825/detail.html
Short summary: Krysta Sutterfield was legally OCing while parked in her car. She was using a wi-fi connection of a business that was closed for the evening, which the owner had given her permission to do so. A LEO noticed her and approached her, once her OC was noticed she was placed under arrest, her car impounded, and she was jailed until she could be bailed out. All for doing nothing in violation of the law?

Krysta has been a advocate for OC in WI (see link) this recent charge reeks of "payback" in my honest opinion.
http://www.wisn.com/r/26361282/detail.html

Please give what you can - be it $1 or $1,000 as every penny helps. We need to help each other because..well I think this quote sums it up pretty well “A single twig breaks, but the bundle of twigs is strong.” wolfdyke · Tecumseh Shawnee Chief quotes (American-Indian Warrior, 1768-1813)
PayPal Link below
https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=BBQMJQKDB5QWN

Or send it c/o her attorney.

Mastantuono Law Office
c/o Krysta Sutterfield defense fund
817 N Marshall St.
Milwaukee, WI
53202

http://www.mastantuono-law.com
 
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H

Herr Heckler Koch

Guest
The incident IIRC occurred shortly after Wisconsin's Act 35 was passed and before the defendant had actually received a Concealed Carry License. The issue will likely be the elements of the existing crime of concealment; "The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden."

The defendant may maintain that the gun was openly carried and not hidden. The prosecution may hold that the approaching officers did not see the weapon on approach. There is precedent that supports this as a "hidden" weapon.
 
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lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
Im unfamiliar with Wisconsin laws....I take it she didnt need a permit to carry?

Permit was not required. The WI ACT 35 that created the WI permit system, also allows OC in a vehicle without a permit. Some police stated they would continue to enforce a previous case law that OC in a vehicle was considered concealed even though ACT 35 being newer law has rendered the old case law moot.
 
H

Herr Heckler Koch

Guest
... Some police stated they would continue to enforce a previous case law that OC in a vehicle was considered concealed even though ACT 35 being newer law has rendered the old case law moot.
The defendant was indicted on state charges of concealment, suggesting that the state's prosecuting attorney and the judge agreed with the Milwaukee Police Department's recommendation of the charge of illegal concealment. I am not an attorney.
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
The defendant was indicted on state charges of concealment, suggesting that the state's prosecuting attorney and the judge agreed with the Milwaukee Police Department's recommendation of the charge of illegal concealment. I am not an attorney.

Yes, but such a decision is based on the previous case law which was based on the law that was modified by ACT 35. I suppose the quickest way to put the old case law to rest and create anew will be a case just like this one.

Thanks MKE GAL for being a test case. Get the the old case law tossed and get back to what the statute actually states, or in many cases does not state.
 
H

Herr Heckler Koch

Guest
Yes, but such a decision is based on the previous case law which was based on the law that was modified by ACT 35. I suppose the quickest way to put the old case law to rest and create anew will be a case just like this one. ...
I am not an attorney. I believe that case law is made by the court of appeals and higher courts. To reach the level of an appeal the verdict will have to be guilty with reversible legal error and pursued by the appellant defendant.
 

TeamHi-Point

Regular Member
Joined
Aug 24, 2011
Messages
13
Location
Detroit area
Sending a couple of bucks in. Wish I could do more but I carry a Hi-Point so that tells you how much extra cash I have laying around:shocker:
 

stargateranch

Regular Member
Joined
Feb 25, 2012
Messages
100
Location
West Jordan
Sending a couple of bucks in. Wish I could do more but I carry a Hi-Point so that tells you how much extra cash I have laying around:shocker:

Sent her a few bucks, its all a cop with three kids can afford. Team Hi-point, I lived in D-town for a few years. Good for you for carrying there.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Sending a couple of bucks in. Wish I could do more but I carry a Hi-Point so that tells you how much extra cash I have laying around:shocker:

Sent her a few bucks, its all a cop with three kids can afford. Team Hi-point, I lived in D-town for a few years. Good for you for carrying there.

When I read the title I knew it was about her. Mkegal or something?

You act like $1,$5,$10 isn't helpful. I think she is appreciating all the money she can get to fight this. I only could send in $5, so I sent that knowing that if we ALL sent just a couple of dollars then she should have plenty of money to fight this to the end. Reading her other threads she will come here and thank each of you, regardless of what you sent.
 
T

TWG2A

Guest
SHe should be able to get free legal help through any of the major 2A groups, such as SAF, NRA, GOA.....
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Tucker6900 said:
I take it she didn't need a permit to carry?
I was carrrying openly.
Open carry has been & still is legal with no license, no gov't registration, no tax.
There are some areas where only licensees or cops may carry, but I wasn't in one & last year's change to the transport statute specifically made it legal to carry a pistol in a car pretty much however you please - loaded or not, encased or not - though there is some confusion with the cc statute in that some will tell you having it encased & not in the trunk is considered cc.
And a later change to the same law made carrying an unloaded & unencased long gun legal.
The legislative intent is clear.

lockman said:
Thanks MKEgal for being a test case.
I'm perfectly willing to let someone else have their name on the landmark case!
Or if the DA wants to come to his senses & realize he's relying on the word of one unobservant, lying cop (not bashing - those are things we have proof of), then drop the whole mess & return my property with no further hassle*, maybe it would lessen the damages they'll have to pay.

09jisaac said:
You act like $1, $5, $10 isn't helpful.
I think she is appreciating all the money she can get to fight this.
Yes, I am. Every bit helps.
If you can "only" afford $10, that pays for a morning's parking when I have to be at the courthouse.
[Or for the days when I'll have to be there the whole day, if I get there early enough & hike a half mile or so it'll cover the whole day in a different parking lot.]
And as important, though in a different way, is the emotional support.
I can't count how many times my eyes have leaked when I've learned how much & how widespread this support is. Some parts have made me laugh, such as when I was being held at the police station & so many people called to check on me & ask how to bail me out that the police eventually hung up upon hearing my name. (Didn't find out about it until well after I was released.)

Reading her other threads she will come here and thank each of you, regardless of what you sent.
I will & I am & I do.
I'm also trying to pay more attention to the yahoo email account linked to the paypal donations, so I email a thank you note to each person.
I've noticed some emails popping up every payday. Little bits add up.
And if you're in dire financial straights, like me, spread the word, pass on the paypal link &/or USPS address.
That's free.

* They even stole things from the locked safe in my trunk. (Since the lock can be picked that quickly, I'm looking for a different safe.) They kept my purse & my orange plastic training pistol. They kept pretty much everything that was in my range bag, even the closed pockets. (The next morning I was going to the range then teaching a class, so you can imagine what all was in there.)
 
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Get2DahChopper

Regular Member
Joined
Dec 18, 2010
Messages
65
Location
Warren. Michigan
Thank you for standing up for our rights.

Saw this in the MI forum MKEgal. Sending you a small token of my esteem in the mail. Thanks for fighting for all of us.:banana:
 

TheShadow

Regular Member
Joined
Aug 31, 2011
Messages
24
Location
Zug Island, MI
Funds on the way. I hope she breaks off a malicious prosecution suit in their a$$ess and a civil rights suit to boot. What chowder heads.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
Challenge to all OCDO

I will match all donations made via PayPal upto $250 in the next week ending Sat. March 31 @ 11:59 PM.

This means we could raise a quick $500 to help one of our own who needs us! Come on folks, I know things are tight, but we can do this!

P.S. - I know some may think "why should I care?"
Because one day this could be you fighting for your freedoms & rights. I'd like to think we'd be there for you too.

Kind regards,

G9OS
 
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