This case has slipped a couple of times.   The last one about two weeks ago due to LEO not showing up to court.   Judge....he be mad.    Rogers District court.


Here is a brief synopsis of what happened during the arrest.    The arrest was way earlier this year.



This is from one of his attorneys of whom one of them is the Libertarian candidate for Arkansas Attorney General.


Basically this guy was sitting in his car talking on his phone minding his own business when all of a sudden Po Po made a felony stop across the street where he was parked.    Apparently they were pretty rough during the stop.   They thought he was filming them.   They approached, he notified them of his firearm.   Things went downhill from there.      Ownage!

time to rock the boat of LEO abuse

Case was heard today.     This is what the attorney posted about the ruling:





Seems pretty much like the judge wanted to see this guy as guilty no matter the facts of the case.   Even without the gun these charges seem like a stretch by any means.   Hopefully appeal forthcoming.

This is my surprised face.

Did he waive a jury trial? I'd have taken it to a jury trial and allow for discovery (including phone records) to prove law enforcement abuse.

I'm assuming jury trial is more expensive.

But you have no chance of getting a fair trial without a jury trial where evidence can be submitted and where the burden of proof lies with the prosecution. If you just allow a judge to arbitrate then you're fucked, always.

This was a lower court trial.   His decision does not help the rest of Arkansas.   It will go to the next higher court where a ruling will have a greater degree of influence.     I believe at this point, if the defendant get's better financial support,  this will eventually get overturned.    The law is already on the defendants side.   This seems fairly clear at this point.  Jury trial or not.   There are now two cases going to higher courts involving Act 746.    Although yesterday's case goes beyond a charge of Carrying a Weapon(ACA 5-73-120).    He also has a VERY good case for a Civil Rights violation IF he can find the right attorney.   Read up on Stoner vs Watlington, U.S. 8th Circuit Court of Appeals(12-3383).

I don't think jury trials are allowed in District court.

Was this the same judge who gave that cop a 30 day sentence off a plea from 1st degree murder to misdemeanor negligent homicide?



And wasn't Bela Vista the place they were still arresting people for "carrying a knife as a weapon" well after that law was repealed?  I know it was in Benton County.





 

They don't even have to appoint poor people an attorney if they don't seek jail time for misdemeanors.  Which they almost never do.  I bet most people who get their cases rammed through like this have no idea how badly they're being screwed and they probably don't even know they can appeal.



 

Will have to research this.    Also Bella Vista already had it's own court case for someone carrying a weapon.   They chose to amend the charges to something different to avoid the new Act 746 amended law.   He still won his case against them however.  I posted about it on the HTF.

So food, water, first aide, batteries, etc. is proof of having unlawful intent. Gotcha.
I'd be interested to know what his "prepper" gear was.
Unless he had a Dexter kit, then I don't see how it shows ill intent.

I've pretty much checked out.... Waiting for the civil war to start.

You'll be waiting a while.

your reasoning good sir?

More than likely!   Not enough freedom loving men left anymore.     Just talkers.   Kinda like all the ones in CA, NY, MD, CT, etc     Most are happy with their rifle, pistol and shotgun.

I won't go near so far as to claim anything thesis-ready, but:

If by civil war we have the conception of the American Civil War, I cannot believe that the American people today would have the rancor sufficient to begin an organized military campaign against government forces - especially given the armament disparity.  However, even if they had, a number of things would need to happen, and happen in rapid succession without losing the momentum that drove to the separation: first, the partisans would need to organize - if not geographically (which would be a strategic blunder as I see it - the war would be fought and won on guerrilla campaigns aimed to thin government supply lines and resources, and create and maintain general chaos) - then at least politically and militarily.  There would need to be an established and recognized leadership and strategy, which is always precarious during a prolonged civil operation, much less even as it leads to the next point; second, the incipient stages of a domestic guerrilla campaign would have to overcome two major, local obstacles:  a civilian population either not ready to engage with or unsympathetic to the cause, and local police forces that have either not yet recognized the unrest and upheaval for what it is or are also unsympathetic to the cause.  Within certain geographies and amongst certain demographics this will be of varying difficulty, but it is a real obstacle nonetheless; and finally (as this post goes), the resistance - assuming it overcomes the obstacles of its early stages and flames into a real fighting force - will inevitably have to face the government forces that will be sent to quell the insurrection.  That is a dubious and daunting proposition for all but anyone wholly committed to the cause and convinced that victory is both necessary and possible; see line 1.  

Still, there is a chance that you mean civil war in the sense of the Crisis of the Roman Republic and the myriad political and civil issues that dismantled the Republic over the 100 years leading to Caesar's death (or his Constitutional reforms).  In this sense I can understand your waiting, though if so it has probably already begun - in which case I'm going to shut my mouth, go install my new Geissele and wait alongside you.

The above is just what I see off the top of my head.  Perhaps I am completely wrong in my initial reading of the political environment as it stands today; I haven't really fleshed it out.

Nobody's gonna humor me?

You think we can read that? Do you see how long that is dude?

You're right - as usual, Bama said it better