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View Full Version : Interesting Story From Colorado: Follow the Colorado constitution, go to jail!


ukdkbr
07-21-2009, 9:20 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.

Vacaville
07-21-2009, 9:36 PM
Hope the guy had it all on video.

hectoris
07-21-2009, 9:37 PM
Ever heard of the OPEN FIELD DOCTRINE....The police can search any OPEN FIELD with out warrents. The only part you have protected is YOUR HOME and the curtilidge which is the area around the home.

Hate to say it but I htink you messed up....BAD!!!!!!!!!!

I am not a lawyer but took a few law classes in college... Here is a link

http://en.wikipedia.org/wiki/Open_fields_doctrine

Again I am not a lawyer.....

Fjold
07-21-2009, 9:50 PM
That's one side of the story.


He was "tricked" into going into the Sheriff's office, obviously not the smartest knife in the drawer.

FortCourageArmory
07-21-2009, 9:58 PM
Something's missing from this story.

B.D.Dubloon
07-21-2009, 10:01 PM
Something's missing from this story.

Like why the cops were going there in the first place.

FortCourageArmory
07-21-2009, 10:06 PM
Like why the cops were going there in the first place.
DING DING DING!!!! WINNA!!!!!

bden
07-21-2009, 10:56 PM
Something's missing from this story.

Yeah, and I'm willing to bet the ranch it's more than just a little sliver or tidbit of info. Don't know which side is right/wrong, but that whole story makes about as much sense as a one-wheeled roller skate. Dude kinda comes off sounding like the leader of a cult or something. Maybe he's clear & good, but that's not where my money's at.

ke6guj
07-21-2009, 11:00 PM
Something's missing from this story.

Like why the cops were going there in the first place.

DING DING DING!!!! WINNA!!!!!

from a quick read of the guy's website, it appears that his 18 year-old daughter started hanging out with the wrong crowd, moved out, and sic'ed Child Protective Services on him (made up reasons per the father). It appears that CPS was going out to investigate with the Deputy in tow.

Mstrty
07-21-2009, 11:13 PM
Something's missing from this story.

Allot is missing. But my actions would be similar if either car failed to identify themselves as Police. If they identified themselves as Police my next response would be "how can I help you" not your trespassing leave... That response is only valid after the police engage in a manor that is unconstitutional. I would of assumed the rear vehicle was in a high speed pursuit with the lead vehicle and attempted to assist in any way I could. Like getting the *ell out of the way.

gazzavc
07-22-2009, 12:05 AM
There's one thing in being "bloody minded" and another for being reasonable. If you've done nothing wrong why be so damned hard nosed about letting the po-po onto your driveway ??

Something just dosen't add up on this one.

Gary

packnrat
07-22-2009, 1:34 AM
I have nothing to hide.

But with not warrant the police can go away.
Go away mad, glad, sad, no matter, just go.

And I live on the right side of the tracks.
Just have a distrust of the goverment.

hvengel
07-22-2009, 2:53 PM
I have nothing to hide.

But with not warrant the police can go away.
Go away mad, glad, sad, no matter, just go.

And I live on the right side of the tracks.
Just have a distrust of the goverment.

Yes this is exactly right. If the police are on your property and don't have a warrant or probable cause they are no different then any other person with respect to needing your permission to be there. If you ask them to leave and they don't they are trespassing. In addition, if they are on your property and you have not asked them to be there then they are NOT there to help you. They are there to try to find something to put you in jail for and the best thing you can do is to tell them to get off of your property and it does not matter in the slightest if they like being asked (told) to leave.

Satex
07-22-2009, 7:29 PM
Ever heard of the OPEN FIELD DOCTRINE....The police can search any OPEN FIELD with out warrents. The only part you have protected is YOUR HOME and the curtilidge which is the area around the home.


Per the wikipedia entry, the open field doctrine does not nullify trespassing, so it was in his right to ask them to leave.

Yankee Clipper
07-22-2009, 8:17 PM
Per the wikipedia entry, the open field doctrine does not nullify trespassing, so it was in his right to ask them to leave.

Plus I don't believe the OPEN FIELD DOCTRINE is applicable in all states and Colorado may be one state where it is not.

1911su16b870
07-22-2009, 8:57 PM
Me thinks that upon first noticing the "speeding" vehicles comming down his drive, retreating into his home with his family, then retrieving the shotgun and calling 911 regarding the incident, and remaining inside the house, it would have gone differently.

Hindsight is 20-20...:D

ukdkbr
07-22-2009, 9:46 PM
Found a little more info from the page I found the link from:
http://www.reddit.com/r/WTF/comments/937hu/man_charged_with_assault_for_telling_officer_he/c0ba4mn

Folks, Someone was nice enough to inform that that my story had been cross linked here... Yes, I am the accused and I am the non-artistic creator of the RuralJustice.com website that documents my situation.
I apologize to anyone who's eyes I have afflicted with my web page design skills! I am working to create a new site leveraging WordPress and a standard Theme and as soon as I have it stuffed with content I will replace the old site (Which is just a few weeks old).
I have posted the police reports on my website so that the "other side of the story" had a chance to be heard. I have redacted all names, addresses and phone numbers to protect all parties privacy. You will find those documents on my site by clicking on the "Case Docs" button on the left navigation bar.
As far as I am able to tell the Sheriff and the Social Services Case workers were NOT trespassing when they entered our property. The Sheriff and the Case Workers have the right to enter private property for the purpose of investigating allegations. However, From the moment I learned that the Sheriff did not have a warrant and told him to leave --- until they actually left, they WERE trespassing (They remained on the property after I asked them to leave and that is technically trespassing).
The trespassing is not the "big element" to this story. The point I think people should think about is that the Colorado Constitution (Article 2, Section 13) specifically states that the right to keep and bear arms shall not be called into question when you are bearing arms to protect yourself, your property or your home. Colorado Revised Statutes (C.R.S. 29 - 11.7 - 101,102,103,104) specifically confirm this right as a "fundamental right". Yet, the county officials have chosen to ignore this fundamental right, press felony charges and place our inalienable rights into jeopardy through the vote of 12 jurors. As I understand the construction of a Constitutional Republic this is a concerted effort to create and "end around" the Constitution.
The Sheriff and the Social Workers saw me standing with my gun as they approached. They made the decision to continue to advance. I did not approach them, they approached me. Ponder that for a few minutes... because if I am guilty of menacing there is not such thing as a right to keep and bear arms for if anyone views you with a gun and approaches you until they have "scared themselves" you are guilty of felony menacing.
As for the first degree felony assault the police report, written by the Sheriff's Deputy who came onto our property clearly states that I never pointed my gun at anyone.
No, not all of the discovery material is posted on my site. It takes a while to scan, redact and post those pages. When I have the new site up I will start putting more of those pages on-line.
I am a father, a farmer, and an electrical engineer -- but not a web site designer... please bare with me as I improve my web skills. I am open to critical input feel free to send your input to Dave@RuralJustice.com.
I admit that my website it written from my perspective.... I have tried to be honest and fair but I am human which is why I have also been posting the police reports.
Peace, Dave

thatrogue
07-23-2009, 1:07 AM
I have seen these go bad before I believe there's a video on you tube with a county inspector + cop trespassing on a guys property, btw... without the shotgun is fine but not appropriate to defend one's property

Flopper
07-23-2009, 1:35 AM
Ever heard of the OPEN FIELD DOCTRINE....The police can search any OPEN FIELD with out warrents. The only part you have protected is YOUR HOME and the curtilidge which is the area around the home.

Again I am not a lawyer.....

1. The area in question was by definition curtilage, but is mooted because

2. Open Field Doctrine only applies to questions of unreasonable searches/seizures, and is not a defense against trespassing.

Untamed1972
07-23-2009, 9:28 AM
Something's missing from this story.

Yes....I noticed that too.....like what the stated reason of the LEOs and socials workers was for going out there in the first place?

Not making any judgements about the guy, but he claims to be being as honest and forthright as possible yet left one pretty big piece of info out.

Untamed1972
07-23-2009, 9:36 AM
The guy use a little tactical training though.....stepping in front of a moving vehicle is never a good idea. It might seem manny and heroic.....but its a quick way toend up dead and leave your family unprotected anyway.

GuyW
07-23-2009, 1:48 PM
There's one thing in being "bloody minded" and another for being reasonable. If you've done nothing wrong why be so damned hard nosed about letting the po-po onto your driveway ??

Something just dosen't add up on this one.

Gary

Gee, maybe because Child Protective Services in every state, violate Constitution rights multiple times per day, per state??

.

hill billy
07-23-2009, 3:00 PM
Gee, maybe because Child Protective Services in every state, violate Constitution rights multiple times per day, per state??

.

Exactly. I am not a fan.

M. Sage
07-23-2009, 5:30 PM
Per the wikipedia entry, the open field doctrine does not nullify trespassing, so it was in his right to ask them to leave.

It also doesn't apply to the land immediately surrounding a home (per Wiki). So if they were on his lawn (depending on how big his lawn was...) they were too close for open field to matter.

IGOTDIRT4U
07-23-2009, 5:51 PM
It also doesn't apply to the land immediately surrounding a home (per Wiki). So if they were on his lawn (depending on how big his lawn was...) they were too close for open field to matter.

I thought the same thing. According the the homeowner's account, he was BBQing when he saw the cars racing up his driveway, went to the shed to retrieve his shotgun, and then stood on his driveway. Not exactly a good description of an "open field".

M. Sage
07-23-2009, 5:52 PM
Yep. But it's still open ground, and that's not where you'll find me making my stand. ;)