Brandishing

[peter nap]

Shoulda paid more attention in Warrington's typing class.

 

[sidestreet]

I'd love to be there…,

but I don't think I could make it in time, especially after working all night.

sidestreet

Jeremiah 29 vs. 11-13

we are not equal, we will never be equal, but we must be relentless.

 

[grylnsmn]

I would love to be there, and I even have Friday off already, but I am already committed to a more important event. My father is going to be in town, and he and I are taking my 3-year-old son fishing for the first time. The boy has been looking forward to it for weeks, and has been practicing casting with his fishing pole (a 2.5 foot Star Wars pole I found for cheap) too much for me to disappoint him.

I'll be there in spirit.

 

[TFred]

There's a really interesting brandishing case coming up, it's a public hearing, and we can use all the support we can get! August McCarthy will be arguing a motion to dismiss on Friday, April 11, at 9 o'clock a.m., and the jury trial is set for Wednesday, April 16 at 10 o'clock. Both hearings will be of great interest.

We've been working for some time on identifying the problems with the brandishing statute, both with an eye to legislative reform, as well as criminal defense, and the motion to dismiss will be attacking the statute on a number of fronts. If that motion is unsuccessful, the trial will be one of those cases in which the defendant did, in fact, hold a gun, but it was in self-defense against a much larger guy who was approaching him in an aggressive manner and making threats. And he never held the gun other than at "ready position", muzzle pointed at the ground. The other guy was road-enraged - in a case similar to that of our Liverpudlian friend, he thought the client should have gotten out of his way.


Prince William County Circuit Court, 9311 Lee Avenue Manassas, VA 20110
There are security scanners operated by the sheriff's office at the entrance; weapons, cameras and recording devices prohibited, and court-room-appropriate attire is required. Best to leave everything other than car keys, emergency medicines, and Id. in the car. If you feel like wearing shooting glasses, that's ok.

The case number is CR13002711-00; the Defendant's name is Raul Linares.
It will be in one of the Circuit Court courtrooms, probably on the third floor.
The docket will be posted, but will also be lying on the counter at the information desk.
No specific courtroom has yet been assigned.
There will be a number of cases heard on that same motions docket, but when it comes up it will take a half-hour or less. It starts at 9, and I generally figure I'll be out by lunchtime.

Bump.

TFred

 

[Grapeshot]

Caravan leaving Richmond at 6:30 am



Skidmark at the controls, Grapeshot attending shotgun.

Hope we see some of the NoVa crew there.

 

[scouser]

Caravan leaving Richmond at 6:30 am



Skidmark at the controls, Grapeshot attending shotgun.

Hope we see some of the NoVa crew there.

Just so long as you remember this time what you are not supposed to have on your person when entering the courtroom

 

[Grapeshot]

Just so long as you remember this time what you are not supposed to have on your person when entering the courtroom

 

[Arma1911]

Case will now be argued at 1pm today

If you couldn't make it this morning you have an opportunity to hear the arguments at 1pm today. The judge determined the parties needed more time than was alloted this morning so it was pushed back to 1pm. There were a handful of us there to give support and follow this interesting case. We will be returing at 1pm. Hope to see others if anyone else can make it.

 

[skidmark]

Thanks to Arma1911 & TFred for coming out and doubling the cheering section.

Lunch was at one of the historical sites in Manassas - Tony's Pizza. (Go look it up if you can't remember/don't know.)

Cliff Notes version of today's hearing:

August - It's unconstitutional 'cause it's vague and chills an inherent right imortalized by Heller.

Commonwealth Attorney - No it aint.

August - Yes it is.

Jusge - No it aint. See all y'all next Wednesday (4/16/14) for the real trial. Jury gets inpaneled first, then probably it's time for lunch, and then the real fireworks begin.

I know it's in the middle of the week, but it would be nice to see more folks come out and provide moral support.

 

[peter nap]

Thanks Skid!. I had a problem with the Focus today but doesn't look like I missed much.

 

[Grapeshot]

Indeed was an interesting day even with the all to frequent traffic back ups.

Think some ground work was laid for some major points to be heard/seen next Wednesday. Jurors can be hard to read sometimes, but we only need one (1) who refuses to convict for what should be a legal act of self-defense. No I won't go into that more here on a public forum.

My thanks also to TFred and Arma1911 for hanging in there - too we can all say we have been to Tony's and were not arrested :lol:

Skid and his battery powered Skidmobile were the subject of an impromptu training session/demonstration - seems the deputy that passed him through security never checked the storgage pouch behind the seat. They were not hassling Skid, just explaining to each other how that should not be overlooked.

I jokingly suggested to the deputy that we would not have to give him our attorney's card - we'd just let him introduce himself......User did just that :lol:

 

[Rusty Young Man]

SNIP...Skid and his battery powered Skidmobile were the subject of an impromptu training session/demonstration - seems the deputy that passed him through security never checked the storgage pouch behind the seat. They were not hassling Skid, just explaining to each other how that should not be overlooked.

I jokingly suggested to the deputy that we would not have to give him our attorney's card - we'd just let him introduce himself......User did just that :lol:

You didn't happen to get a photo of the look on their faces, did you?:lol:

 

[scouser]

SNIP...Skid and his battery powered Skidmobile were the subject of an impromptu training session/demonstration - seems the deputy that passed him through security never checked the storgage pouch behind the seat. They were not hassling Skid, just explaining to each other how that should not be overlooked.

I jokingly suggested to the deputy that we would not have to give him our attorney's card - we'd just let him introduce himself......User did just that :lol:

You didn't happen to get a photo of the look on their faces, did you?:lol:

would not be possible beyond the checkpoint in a Virginia court, and was probably too far away from anyone on the non-sterile side of the checkpoint to be aware of what was being said so they wouldn't be ready to take advantage of the photo op.

 

[peter nap]

would not be possible beyond the checkpoint in a Virginia court, and was probably too far away from anyone on the non-sterile side of the checkpoint to be aware of what was being said so they wouldn't be ready to take advantage of the photo op.

Actually it is possible Scouser. It's just a bad idea to show it to anyone after :uhoh:

 

[Grapeshot]

You didn't happen to get a photo of the look on their faces, did you?:lol:

No did not, but you may reflect on this image -

 

[skidmark]

Indeed was an interesting day even with the all to frequent traffic back ups.

....
Skid and his battery powered Skidmobile were the subject of an impromptu training session/demonstration - seems the deputy that passed him through security never checked the storgage pouch behind the seat. They were not hassling Skid, just explaining to each other how that should not be overlooked.

I jokingly suggested to the deputy that we would not have to give him our attorney's card - we'd just let him introduce himself......User did just that :lol:

I was the one that brought the matter to the bailiff's attention. Did it as I was drawing my ninja-nuncheck folding cane out of the pouch - it's wrapped in a cloth pouch to keep if from coming un-folded and the handle does in many ways look like either a grip or a shoulder stock. I assured the bailiff, who was looking slightly nervous, that it was just a cane, and told him that the bailiff wearing the First Sergeant stripes was the one that had merely passed the metal-dectector wand around the base of the ATV and had never bothered to look inside the pouch.

He called his supervisor for guidance. His supervisor (a mere 3-stripe sergeant) came up to inquire. Still, nobody actually searched me, the pouch, the ATV, or even checked the cane to see that it was really and truely not some sort of nefarious device.

For those of you old enough to remember the billboard - SLEEP WELL TONIGHT. YOUR NATIONAL GUARD IS ON DUTY.

(For those too young to remember, it came out early in the Cold War when folks were afraid of either a Russian amphibious invasion via submarines of Red Chinese hordes riding Mongolian ponies storming across the Bering Straits. As you might have guessed, the billboard did little to assure sound sleep in any who saw it.)

stay safe.

 

[Arma1911]

I was very happy to meet Skid, Grape, TFed, User.....folks that are on the front lines, if you will. I enjoyed their company and the experience of seeing the legal system in action. August expects that the trial will last most of the day on Wednesday. I plan on being there in the early afternoon as my schedule allows and encourage others to do the same.

 

[skidmark]

^&**$#@@&(^$!!

Got a letter from the VA changing an appointment from Tuesday (15th) to Wednesday (16th) - and I cannot afford to not get that matter attended to.

Somebody take notes and tell the rest of us what happened.

stay safe.

 

[Grapeshot]

Will be there and maybe with one additional.

 

[8404'Doc']

Ride or drive to brandishing trial

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