TFred
Regular Member
Thanks for your brief summary. That is the nugget that we've all been waiting for until User can fill in the meat.Details at dinner tonight, and later on for all the correspondents at sea.
Basics are: 1) motion to dismiss did not fly as there just was not enough to show that someone specific was responsible for ether a) saving the video or b) preventing the video from no longer being available. 2) The complainant was in apprehension of some harm but the defendant did nothing to, for, with, about a gun to make the complainant feel the apprehension he felt.
NOT GUILTY as the Commonwealth failed to prove beyond a reasonable doubt that both elements of the crime were present.
I have been thinking about this for a long time, but ultimately did not get around to writing it down until now.
This case was vitally important to win, not only for Skidmark personally, but for all of us.
Note the bold above. If the prosecution had won this case, (and winning this round wouldn't have really counted, they would have to prevail all the way up as high until our money ran out...) the precedent that would be set is unconscionable. The resulting case law would be changed such that any person, whether an "authority" or not, could just state that any gun carrier made a gesture which, coupled with the fact that they were carrying a gun, was sufficient to cause them to "apprehend" harm. Such an outcome could virtually outlaw the open carry of firearms in any location where anyone happened to not like it, and was willing to bring charges against gun carriers.
The fact that all indications in this case clearly pointed to the fact that the state destroyed (or at the very least allowed to be lost) exonerating evidence would have made a loss even more drastic.
From the other perspective, this case was also monumentally important. I suspect Mr. Poindexter is going to lose quite a bit of sleep starting this evening. His career should be over, and I would bet top dollar he is wishing like crazy he could get back that offer to drop charges in exchange for no civil litigation.
The corrupt, crony-filled justice system of Surry County has failed you Mr. Poindexter. Perhaps for the first time in your life, you know what it feels like to see that real justice has prevailed.
TFred