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Need info to help friend of friend re: OC incident

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,831
Location
Southeast, Missouri, USA
I know nothing more than what I am posting below. I received the below in an email from a friend. First thing I thought of was OCDO obviously and the numerous knowledgeable folks I have talked to over the years. Hoping someone on here can advise as to local resources for them:

A family friend was arrested yesterday in Marksville LA. for having an open weapon on his body. When he asked why he was being arrested he dropped his hands by his side. His gun was on his leg and he was tased. I don't know all the details but we are trying to find an attorney in that area who might handle this type of thing. We are clueless.
 

rmansu2

Regular Member
Joined
Mar 12, 2009
Messages
325
Location
Baton Rouge, Louisiana, USA
I certainly hope this guy can work everything out. I know here in Baton Rouge there isn't anything that could prevent someone from OC. And I can't imagine Marksville having anything on the books that predates the preemption.

Wish I had a name for you. Haven't had a need for one other than for insurance. Hope you find a pro-2A attorney willing to fight the fight.

Marksville can afford to pay the fine for being ignorant of the law.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
It's that furtive/threatening gesture that might have prevented a cop from safely going home at the end of shift.

In all seriousness, folks need to be more aware of where their hands are and how someone who is extremely paranoid and fully expecting you to be wanting to try and kill him will respond to moving the hands. That applies wether you are armed or not.

Not that I in any way support the actions of the cop - or of the friend of your friend - as I have almost no information to go on to even begin to form speculations let alone analysis.

FOIA requests for dashcam video is probably the first step, while finding a good criminal attorney. This has nothing to do with RKBA at the moment - it's all 4th & 8th amendment right now. Copies of all (personal as well as official) notes, reports, recordings (audio as well as video) requested under FOIA as well as discovery (see next paragraph).

Not sure how the procedure goes under the Napolianic Code, but elsewhere filing a notice of intent to file a civil suit can form the basis of discovery demands which are harder to duck that FOIA requests.

And lastly, the friend of yur friend needs to avail himself of the right to remain silent and to answer nothing (cops or concerned family/friends) except on the advice and guidance of his attorney.

stay safe.
 

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,217
Location
Saint Gabriel, Louisiana, USA
There is more to this. Apparently the OCer was at a festival when this occurred. There may be issues related to carry where a permit was issued for the event as well as alcohol sales at the festival. The head of the LOCA group posted about this over the weekend on their Facebook page. LOCAL relayed what we could on our social media sites but have not heard much else besides the OCer needs a lawyer and was going to be in jail for the weekend.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,592
Location
Granite State of Mind
It sounds like some more details have emerged, in the tragic story of two Marksville police officers being charged with murder and attempted murder for shooting the 6 year old boy and his father.

http://theadvocate.com/news/13907799-176/few-details-emerging-in-officer-involved

Smith, along with officers Stafford and Greenhouse, are among the targets of a federal use-of-force lawsuit filed in July by Ascension Parish resident Ian Fridge, who said he was tackled by officers, who also used a stun gun on him, in Marksville last year at an Independence Day festival. A gun rights advocate, Fridge said he was grabbed from behind by officers while openly carrying a weapon as the lawmen taunted, “you’re definitely not a local boy,” according to a complaint filed in the U.S. District Court for the Western District of Louisiana. Fridge also said the officers took his cellphone and deleted his recording of the incident.

Smith did not respond to requests for comment on the lawsuit.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
<snip>

FOIA requests for dashcam video is probably the first step, while finding a good criminal attorney. .


stay safe.
A FOIA request may be appropriate. But some states have it where discovery cannot be frustrated with a FOIA request. So checking to see if this state's laws have this conflict would be in order then the guy would know if the record would be unavailable under a FOIA request.

Does not mean that he cannot ask under FOIA (and who knows, even if the law is like that it may slip through the cracks ~ but I have never seen it happen); his friend can ask but I would not be surprised if the "ongoing case" exemption would apply.

So, always know in your state if you can do a FOIA request and it not be in conflict with discovery.

And one may also have a common law right to get records in their state. Also, state specific as to any limitations.

In CT, there is no conflict.
Have no idea about the guy's state.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
3,985
Location
Cincinnati, Ohio, USA
It sounds like some more details have emerged, in the tragic story of two Marksville police officers being charged with murder and attempted murder for shooting the 6 year old boy and his father.

http://theadvocate.com/news/13907799-176/few-details-emerging-in-officer-involved
What does that have to do with the OP's post? :question:

Is the person in the linked article (Fridge) the person the OP is referring to? If so, he is already suing with regard to a previous matter, and evidently has legal help...?
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
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3,985
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Cincinnati, Ohio, USA
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