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Any updates on Mack Worley?

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badey

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I was on another forum, and someone was asking what ever happened to Mack Worley's case (arrested for OCing a rifle in Vancouver. Does anyone here know? I did a search on here and came up empty. Thanks for any info you might have.
 
slapmonkay

slapmonkay

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badey said:
I was on another forum, and someone was asking what ever happened to Mack Worley's case (arrested for OCing a rifle in Vancouver. Does anyone here know? I did a search on here and came up empty. Thanks for any info you might have.
Click to expand...

Just posted the video of the encounter on the 4th of July. Not sure what the update is on the legal side of things but the video was crazy.

https://www.youtube.com/watch?v=e-cvipwCcm8
 
davidmcbeth

davidmcbeth

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Tacitus42 said:
Guilty. Here is his podcast on the trial.
http://www.blogtalkradio.com/onthem...ial-guest-cj-grisham-episode-32-onthemoveshow
Click to expand...

About 95 min into the blog he talks about the trial, jury instructions etc.

Guilty of RCW 9.41.270 ... http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.270

Snip from statue:
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

I figure the DA said that carrying rifles is something that is not normally done today ... and this caused warranted alarm ... really, this guy's attorney has not read recent case filings regarding this point? Even if he did not point it at anyone, the state claimed (and the jury agreed) that the mere carrying, while not illegal, is enough to warrant alarm.

Likely should have brought up open carry of firearms as being normal (handguns) ... and asked the witnesses if a handgun carry would cause them alarm too (likely would have said yes) ~ showing that their alarm is unreasonable....maybe they did bring this up- anyone have an audio link to the actual trial (maybe not .. some courts do not allow recording still). Or just ask the witnesses if people carrying guns cause them alarm...not even distinguishing between a long gun or handgun .... then ask how far were they when they saw the gun ... in range of a handgun? oops, their goes their reasonable standard...


Penalty? from statue
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

Conceal carry of rifle OK?
 
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Dave_pro2a

Dave_pro2a

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Jeff Hayes said:
Another great example of why people are slowly losing respect for Cops.
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'Slowly?'

beating-web_17441.jpg
 
D

deanf

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Is there any newer source as to the trespassing allegations, the initial media reports indicated he refused to leave two different private places after being asked to....
Click to expand...


Did you listen to the podcast? It's all explained. Send him some money.
 
EMNofSeattle

EMNofSeattle

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deanf said:
Did you listen to the podcast? It's all explained. Send him some money.[/COLOR]
Click to expand...

I wanted to, but my tablet won't open the file until I download the podcast app, in progress.

Ill make the decision once I listen to the podcast wether to donate, which reminds me, I still haven't donated to MKE which I said I would....
 
Schlepnier

Schlepnier

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Well that pisses me off, he needs to get ahold of rapgood to quash this thing now. this is why I have a membership with the armed citizens legal defense fund, but I will gladly help fund an appeal.
 
davidmcbeth

davidmcbeth

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http://forum.opencarry.org/forums/showthread.php?37490-quot-Alarm-quot-and-Terry-Stop-Court-Ruling
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=353334MAJ
http://www.impsec.org/~jhardin/gunstuff/legal/State_v_Casad_(unpublished).pdf

A similar case of open carry has been ruled on ... of course, in the Casad case (that's not a cite-able case??) the defendant motioned to suppress the evidence, won, and they had no hard evidence that he was carrying a rifle ... I wonder if the current guy's lawyer motioned to suppress..if not, then its waived.

I assume Casad did not talk to the cops at all....unlike in the current case. (I think that the defendant in this case made a statement that he was openly carrying a rifle ~ not smart---why it may seem obvious, to a third person, it would not ~ and may have killed his chances of a suppression motion being successful).

So the Casad case really did not rule that open carry of a rifle cannot be the basis of "causing alarm" but suppressed the evidence available in the case.

Not having the transcript of the guy's trial, so I'm guessing ... I would guess that no such motion was made in the current case. It may be the first one then to answer the legal conclusion that carrying a rifle can be enough in itself.

Again, answer no questions..none. You never know what will be used against you and what you tell cops will certainly not be used to help you, for sure.

Of course, its state specific when it comes to carry of long guns ... in CT, here is a state police bulletin on the subject of carry openly, including long guns ... note.. its specific to CT ... but is interesting reading even to others & possibly visitors
http://ctcarry.com/Document/Download/a034b530-1221-425d-a99f-53af710ff219
 
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Schlepnier

Schlepnier

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As good as casad is, it cant be used because apparently the judges in the case figured it was a no brainer and didn't put it in the register(published). it is a crime to even reference it directly in court.

US V black is a better example of how the police in this video broke the law repeatedly. there is also state V spencer

Also if I am not mistaken didn't the AGs office stipulate that peaceable carry in itself was not grounds for warranting alarm.
 
D

deanf

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Also if I am not mistaken didn't the AGs office stipulate that peaceable carry in itself was not grounds for warranting alarm.(sic)
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You misunderstand the meaning of stipulate, or you misunderstand the role of the attorney general, or both.

The AG gives an opinion about a law, and that's about it (in this context). They've no authority to cause police officers, courts, or juries to conform to their legal opinions.
it is a crime to even reference it directly in court.(sic)
Click to expand...

Really? What crime is that?
 
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