ukdkbr
07-21-2009, 8:20 PM
http://ruraljustice.com/
Here's a portion of it.
On July 11th, 2008 I was arrested for one count of Felony assault on a Police Officer
with a deadly weapon and two counts of Felony Menacing. I now face trial on August
10th, 2009 in the Adams County Justice Center (Brighton, CO) and face a mandatory
minimum sentence of 10 years for the Felony assault charge alone.
The events leading up to this arrest include an Adams County Sheriff's Deputy and two
Social Service Workers entering onto our property on July 10th, 2008 passing FOUR
"Keep Out" signs on their way. At first, I did not know who was in the two cars racing
down our long, one quarter mile rural driveway, I just knew that based on the threats
my wife and I had received earlier in the day (and earlier in the week) that I felt
threatened and I grabbed my shotgun and stood in the middle of our driveway to stop
the approaching vehicles.
Since I have had prior cause to become interested in Colorado Law (We have a private
toll road company threatening to use eminent domain to take our property) I knew
that I was taking a reasonable defensive action and that I was protected in my actions.
Colorado Constitution: Article II, Section 13 -
Right to bear arms. The right of no person to keep and bear arms in
defense of his home, person and property, or in aid of the civil power when
thereto legally summoned, shall be called in question; but nothing herein
contained shall be construed to justify the practice of carrying concealed
weapons.
Colorado Revised Statutes: 18 - 1 - 706
A person is justified in using reasonable and appropriate physical force upon
another person when and to the extent that he reasonably believes it
necessary to prevent what he reasonably believes to be an attempt by the
other person to commit theft, criminal mischief, or criminal tampering
involving property, but he may use deadly physical force under these
circumstances only in defense of himself or another as described in section
18-1-704.
There are other protections in the Colorado Constitution and Colorado Revised
Statutes against trespassers. I knew that taking defense steps to protect myself,
our property, our family and our home are inalienable rights and duties that could
not be set aside.
It was fortunate (?) that I was outside preparing the BBQ for the evening meal when I
noticed two cars driving at aggressive and reckless speeds down our driveway. The
first car was a white compact or sub-compact vehicle, the second was what looked like
a pickup truck with a camper shell. Since I did not recognize either vehicle and their
approach was unexpected and potentially dangerous to the kids and animals I was
immediately concerned. When I emerged from my shed with my shotgun I held the gun
high above my head within my right hand so that the approaching occupants of the
vehicles would be able to easily see. (The vehicles continued on their approach). I
placed myself in the middle of my driveway, next to our house deep within our
properties borders, and held the shotgun with two hands across my body with the gun
barrel angled up and to the left (in a safe position, not pointing at anyone). The
vehicles continued on their approach and the first vehicle stopped about five feet in
front of where I was standing. The vehicle contained two occupants, both female. The
second vehicle stopped 10 to 20 feet behind the first. At this point I could see that the
second vehicle was the Adams County Sheriff.
The Sheriff's Deputy then opened his drivers side door and while standing on the
floorboard of his truck leaned out behind his opened door. I immediately asked him if
he had a warrant. The Deputy responded: "No". I immediately knew that the Deputy or
occupants of the first car had no business with me or anyone living at our home so I
told him: "You are trespassing, leave immediately". The Deputy told me he was on
official business. I knew that he could not have been on official business as he had no
warrant so I told him again: "You are trespassing, leave". The Deputy attempted to
engage me in conversation and debate by asking me "What are you afraid of". My
response was, "You are trespassing, leave." The Deputy again attempted to inform me
that he was on official business and my response was consistent: "You are
trespassing, leave". After some minutes the Deputy finally understood that I was not
going to debate with him but that I was going to assert my rights and protect my
property, my family, my home and myself. The Deputy then asked if both cars could
pull forward and turn around. My response was "No, backup" (There was no exit to our
property by pulling forward and with our own cars parked at the end of our driveway
there was no room to turn around).
The Deputy backed up first, then backed into our field to execute a "Y" turn around. As
soon as the Deputy began to backup I moved from in front of the first car into our field
(at 90 degrees from the first car) and placed myself in a position to avoid being shot
by the Deputy. Both cars then left.
I immediately called 911 and attempted to file a trespassing complaint. The 911
operator had the Sgt. on duty call me back. The Sgt. on duty refused to take my
trespassing complaint; I asked three times and each time the Sgt. refused to take the
complaint. I informed the Sgt. that if they were planning on coming back out onto our
property it would be a good idea to call first as it was getting dark, I would protect my
property and I did not want anyone (my family, myself, or the Deputies) getting hurt.
The Sgt. informed me that this matter would be settled in court and then hung up the
phone. I filed a written complaint with the Adams County Sheriff's Internal Affairs
division later that night (early the next morning). We immediately moved our children
to a friend's home as we believed that at any moment a SWAT team would invade our
property. From that point forward I did not see my youngest children for a few months.
The next day my wife and I were tricked into coming into the Brighton office of the
Adams County Sheriff by telling us that the officer was out of control and they needed
some sworn statement to take effective action. The minute I stepped into the Brighton
Office I was arrested and charged with the felonies listed above. I was moved into the
County jail and my wife and friends worked together to bail me out early the next
morning.
Here's a portion of it.
On July 11th, 2008 I was arrested for one count of Felony assault on a Police Officer
with a deadly weapon and two counts of Felony Menacing. I now face trial on August
10th, 2009 in the Adams County Justice Center (Brighton, CO) and face a mandatory
minimum sentence of 10 years for the Felony assault charge alone.
The events leading up to this arrest include an Adams County Sheriff's Deputy and two
Social Service Workers entering onto our property on July 10th, 2008 passing FOUR
"Keep Out" signs on their way. At first, I did not know who was in the two cars racing
down our long, one quarter mile rural driveway, I just knew that based on the threats
my wife and I had received earlier in the day (and earlier in the week) that I felt
threatened and I grabbed my shotgun and stood in the middle of our driveway to stop
the approaching vehicles.
Since I have had prior cause to become interested in Colorado Law (We have a private
toll road company threatening to use eminent domain to take our property) I knew
that I was taking a reasonable defensive action and that I was protected in my actions.
Colorado Constitution: Article II, Section 13 -
Right to bear arms. The right of no person to keep and bear arms in
defense of his home, person and property, or in aid of the civil power when
thereto legally summoned, shall be called in question; but nothing herein
contained shall be construed to justify the practice of carrying concealed
weapons.
Colorado Revised Statutes: 18 - 1 - 706
A person is justified in using reasonable and appropriate physical force upon
another person when and to the extent that he reasonably believes it
necessary to prevent what he reasonably believes to be an attempt by the
other person to commit theft, criminal mischief, or criminal tampering
involving property, but he may use deadly physical force under these
circumstances only in defense of himself or another as described in section
18-1-704.
There are other protections in the Colorado Constitution and Colorado Revised
Statutes against trespassers. I knew that taking defense steps to protect myself,
our property, our family and our home are inalienable rights and duties that could
not be set aside.
It was fortunate (?) that I was outside preparing the BBQ for the evening meal when I
noticed two cars driving at aggressive and reckless speeds down our driveway. The
first car was a white compact or sub-compact vehicle, the second was what looked like
a pickup truck with a camper shell. Since I did not recognize either vehicle and their
approach was unexpected and potentially dangerous to the kids and animals I was
immediately concerned. When I emerged from my shed with my shotgun I held the gun
high above my head within my right hand so that the approaching occupants of the
vehicles would be able to easily see. (The vehicles continued on their approach). I
placed myself in the middle of my driveway, next to our house deep within our
properties borders, and held the shotgun with two hands across my body with the gun
barrel angled up and to the left (in a safe position, not pointing at anyone). The
vehicles continued on their approach and the first vehicle stopped about five feet in
front of where I was standing. The vehicle contained two occupants, both female. The
second vehicle stopped 10 to 20 feet behind the first. At this point I could see that the
second vehicle was the Adams County Sheriff.
The Sheriff's Deputy then opened his drivers side door and while standing on the
floorboard of his truck leaned out behind his opened door. I immediately asked him if
he had a warrant. The Deputy responded: "No". I immediately knew that the Deputy or
occupants of the first car had no business with me or anyone living at our home so I
told him: "You are trespassing, leave immediately". The Deputy told me he was on
official business. I knew that he could not have been on official business as he had no
warrant so I told him again: "You are trespassing, leave". The Deputy attempted to
engage me in conversation and debate by asking me "What are you afraid of". My
response was, "You are trespassing, leave." The Deputy again attempted to inform me
that he was on official business and my response was consistent: "You are
trespassing, leave". After some minutes the Deputy finally understood that I was not
going to debate with him but that I was going to assert my rights and protect my
property, my family, my home and myself. The Deputy then asked if both cars could
pull forward and turn around. My response was "No, backup" (There was no exit to our
property by pulling forward and with our own cars parked at the end of our driveway
there was no room to turn around).
The Deputy backed up first, then backed into our field to execute a "Y" turn around. As
soon as the Deputy began to backup I moved from in front of the first car into our field
(at 90 degrees from the first car) and placed myself in a position to avoid being shot
by the Deputy. Both cars then left.
I immediately called 911 and attempted to file a trespassing complaint. The 911
operator had the Sgt. on duty call me back. The Sgt. on duty refused to take my
trespassing complaint; I asked three times and each time the Sgt. refused to take the
complaint. I informed the Sgt. that if they were planning on coming back out onto our
property it would be a good idea to call first as it was getting dark, I would protect my
property and I did not want anyone (my family, myself, or the Deputies) getting hurt.
The Sgt. informed me that this matter would be settled in court and then hung up the
phone. I filed a written complaint with the Adams County Sheriff's Internal Affairs
division later that night (early the next morning). We immediately moved our children
to a friend's home as we believed that at any moment a SWAT team would invade our
property. From that point forward I did not see my youngest children for a few months.
The next day my wife and I were tricked into coming into the Brighton office of the
Adams County Sheriff by telling us that the officer was out of control and they needed
some sworn statement to take effective action. The minute I stepped into the Brighton
Office I was arrested and charged with the felonies listed above. I was moved into the
County jail and my wife and friends worked together to bail me out early the next
morning.