Chesterfield Man arrested for open carrying NEAR a school

[riverrat10k]

Sending off another e-mail to the attorney......

This was a felony charge under VA18.2-308.1

"B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony.

C. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence."

Really hope he responds. Very worrisome not knowing the circumstances well.

 

[riverrat10k]

Well, no response from the attorney ast of now.

I would really like to know the circumstances of his arrest.

 

[peter nap]

I would really like to know the circumstances of his arrest.

I may try to track him down and skip the lawyer.

 

[jmelvin]

I may try to track him down and skip the lawyer.

He should be easy to find. I think I gave all the details on how to find him earlier in the thread. If I didn't just let me know, because I believe I know where he works.

 

[Fenris]

Any details?

 

[t33j]

Any details?

Last I heard case was pending, lawyer and defendant are tight-lipped.

 

[Grapeshot]

They dragged it out this long and dropped it. "Nolle prosequi" Wonder if he's will file a civil suit.

This was reported on this thread 7/13/11 by the above. Verified via the court link by case number GC11002216-00 in Chesterfield General District Court.
http://epwsgdp1.courts.state.va.us/gdcourts2/captchaVerification.do?landing=landing

Final Disposition: Nolle Prosequi

Still no word on whether a civil suit will be filed.

 

[Fenris]

Was really more wondering if anyone had any details of this new concept of being charged with almost violating a law. Has defendant or his attorney spoken to anyone?

 

[Grapeshot]

Was really more wondering if anyone had any details of this new concept of being charged with almost violating a law. Has defendant or his attorney spoken to anyone?

There has never to my knowledge been either a public statement or direct conversation with them.

Several of us contacted (left message) the attorney offering help, but no return call.

 

[riverrat10k]

Reviving this as it has been over a year since the charge.

Does the nolle pros. timeline start with the date of the charge or the date of the np adjudication?

I think it is time to try the attorney again.

 

[grylnsmn]

Does the nolle pros. timeline start with the date of the charge or the date of the np adjudication?

I think it is time to try the attorney again.

My understanding (IANAL) is that nolle prosequi literally means "Does not pursue". It simply means that the prosecutor chooses not to pursue the case. It doesn't do anything else about the underlying offense, which means that the original statute of limitations would apply.

 

[MilProGuy]

If he's smart, next time he'll conceal carry near the school. (No harm, no foul, no hassle.)

Just wanted to jump back in and add a remark or two for clarification of my earlier post, since I've received several responses to it.

We all know it is unlawful to carry a firearm on school property.

This guy was openly wearing his gun NEAR school property.

If he had chosen to conceal his handgun while he was NEAR the school property, no one NEAR the school property would have seen the weapon and would have had no cause for concern.

Sometimes common sense goes a long ways if one will take the time to use it.

 

[peter nap]

Just wanted to jump back in and add a remark or two for clarification of my earlier post, since I've received several responses to it.

We all know it is unlawful to carry a firearm on school property.

This guy was openly wearing his gun NEAR school property.

If he had chosen to conceal his handgun while he was NEAR the school property, no one NEAR the school property would have seen the weapon and would have had no cause for concern.

Sometimes common sense goes a long ways if one will take the time to use it.

And sometimes people confuse common sense and cowardice.
What you are describing is called a Chilling Effect. That's exactly what the police are trying to induce.

 

[Baked on Grease]

Just wanted to jump back in and add a remark or two for clarification of my earlier post, since I've received several responses to it.

We all know it is unlawful to carry a firearm on school property.

This guy was openly wearing his gun NEAR school property.

If he had chosen to conceal his handgun while he was NEAR the school property, no one NEAR the school property would have seen the weapon and would have had no cause for concern.

Sometimes common sense goes a long ways if one will take the time to use it.

You wouldn't like me then... I bike past a school once a week OCing, and I know people have seen it before, but never a peep as far as I can tell. I also don't live anywhere near the country, plenty of sheeple in Nova to make calls.

Common sense dictates I wear my firearm where it can be seen and easily acceesed, otherwise it's nearly useless to me. I will not live my life being politically correct or expedient from fear of making people nervous or hurting their feelings. That may cause me financial harm and other discomfort from over-zealous "law enforcers" but it's a caclulated risk I am willing to stand for in order to keep what I have from being taken from me and future generations.

Sent using tapatalk

 

[marshaul]

QUESTION ONLY --

Is it possible he was within 1000' and not in possession of a concealed handgun permit?

Shoddy reporting, but the only circumstance I can think of that would generate a report like this.

The FGFSZA is not enforceable. I knew right off the bat this was a wrongful application of the CoV.

This was not a valid charge. They've blatantly admitted as much from the get go.

We need to see that the county is sued for wrongful arrest. This cannot be tolerated.

 

[jmelvin]

I just found a record of this case in the Chesterfield General District Court records. The alleged offender Aebian Alkabily of Midlothian, has been charged and prosecuted with violation of Virginia Code 18.2-308.1 "Firearm possession at a school". As of the last court date, 4/14/2011, the case has been continued until 5/19/2011 at 8:30 a.m. The case number is #GC11002216-00 and Mr. Alkabily's defense attorney is Peter Baruch. Mr. Alkabily remains in the custody of the county.

He was charged under 18.2-308.1 per my previous post.

*I missed marshaul's revised post.

 

[marshaul]

He was charged under 18.2-308.1 per my previous post.

*I missed marshaul's revised post.

Yeah for a minute I didn't realize this was the one from last year. The rest of my post still stands.

Deciding not to prosecute isn't good enough. And, frankly, I don't care if their victim was cowed into feeling grateful for the outcome.

He needs to be encouraged to sue. This is intolerable. Wrongful arrest for "nearly" breaking the law? WTF? Jobs should be lost for that.

 

[peter nap]

thread got ahead of me

 

[marshaul]

When this fellow told the Officer he was not on school property, the Cop replied "you're close enough". That's just how Chesterfield operates.

Evidently. Not acceptable.

 

[Grapeshot]

Just wanted to jump back in and add a remark or two for clarification of my earlier post, since I've received several responses to it.

We all know it is unlawful to carry a firearm on school property.

This guy was openly wearing his gun NEAR school property.

If he had chosen to conceal his handgun while he was NEAR the school property, no one NEAR the school property would have seen the weapon and would have had no cause for concern.

Sometimes common sense goes a long ways if one will take the time to use it.

First and foremost, this is an OPEN CARRY forum - surely you are not suggesting that member/users here are lacking in common sense are you? Or maybe our forefathers lacked common sense too.

You would seem to offer that guns do not belong near schools - How is that GFSZ thing working out?

Verily, if I were to salute people endorsing/promoting/espousing no guns near schools as "common sense", it would not be with all of the digits on my hand. Woops, slipsy - ignore that.