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CRTguns
08-31-2007, 11:44 AM
Charges dropped, Mr. Lake and 3 co-defendants are free to go.

bwiese
08-31-2007, 11:48 AM
Congratulations!
Whee!

Have you filed paperwork to get the firearms back?

CRTguns
08-31-2007, 11:53 AM
Teusday AM will file for restitution..
Judge said it was a separate case, and would have to be handled separately from this one that closed today.

mecam
08-31-2007, 11:58 AM
Did Iggy call to congratulate you?:jump:

LAK Supply
08-31-2007, 12:09 PM
NIIIIIICE! Pick up your phone....:D

bwiese
08-31-2007, 12:09 PM
"Restitution"= legal fees.

All parties involved should file LEGR forms ("Law Enforcement Gun Release", copies available on DOJ website) immediately, with requisite $20(?) fees.

Start the clock!

G17GUY
08-31-2007, 12:14 PM
SWEEEEEEEEEET!!! Congrats!:willy_nilly:

Beatone
08-31-2007, 12:18 PM
Yes Congratulations!

:party::taz::party:

WokMaster1
08-31-2007, 12:42 PM
Excellent!:D:D:D:43::43::43:

Fjold
08-31-2007, 1:05 PM
WTG!

Is it cleared yet to say what the Judge's basis for dropping the case was (or if the DA dropped the charges what their reasoning was)?

Does anyone know when it all is published and becomes public record?

bwiese
08-31-2007, 1:09 PM
WTG!
Does anyone know when it all is published and becomes public record?


Trial court decisions are not formally published. They are public record, you can go court house and get transcripts, etc.

JawBone
08-31-2007, 1:09 PM
Congratulations!

Given the fact that the case is over and protection against double jeopardy, does anyone want to fill in the juicy/non-juicy details?

StukaJr
08-31-2007, 1:27 PM
Congrats! Good to hear!

supersonic
08-31-2007, 1:29 PM
Congratulations!

Given the fact that the case is over and protection against double jeopardy, does anyone want to fill in the juicy/non-juicy details?

:iagree:
S.S.:43:

StukaJr
08-31-2007, 1:33 PM
These were the charges?

http://www.madison-society.org/laws/Lake.htm

So is this a case to file under "Don't prosecute OLL needlessly"? Can we strike another DA off the list? Can we have a coke and a smile?

dfletcher
08-31-2007, 1:45 PM
OVERT ACT NO. 1

"Defendant brought .......... the bottom receiver of a potential semi-automatic rifle ................."

I've searched and searched, but I just can't seem to find any California law banning those pesky "potential" semi-automatic rifles.

bwiese
08-31-2007, 1:50 PM
Given the fact that the case is over and protection against double jeopardy,

He said charges were *dropped*. I don't think this went thru a full trial, so I believe jeopardy issues not yet applicable.

They ain't gonna refile, however, and I believe Modesto area is OLL-safe :)

donger
08-31-2007, 1:53 PM
Nice, beers are on me!!

C.G.
08-31-2007, 1:57 PM
I walk away from the computer and look what happens.:eek: Maybe I should do that more often.:D

This is very good news.:)

WolfMansDad
08-31-2007, 2:10 PM
Great news! Congratulations.

.50DE
08-31-2007, 2:18 PM
score one for the good guys!

mecam
08-31-2007, 2:19 PM
This should somehow help with BWO's case right?

RudyN
08-31-2007, 2:20 PM
I would get a couple of certified copies of the clerk's minute in this case for your records. A reporter's transcript is somewhat costly depending on the length and the reporter would have to transcribe it and then certify it as a correct rendition of the court proceedings.

Kestryll
08-31-2007, 2:22 PM
Very cool!

Little by little we whittle away at it!

LAK Supply
08-31-2007, 2:34 PM
WTG!

Is it cleared yet to say what the Judge's basis for dropping the case was (or if the DA dropped the charges what their reasoning was)?

Does anyone know when it all is published and becomes public record?

The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.

bwiese
08-31-2007, 2:37 PM
LAK, thanks for the nice summary.

G17GUY
08-31-2007, 2:40 PM
+1 for us in modesto!:grouphug:

StukaJr
08-31-2007, 2:41 PM
The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.

Hmmm... Sounds like something that's happening in BWO's case, doesn't it? :sleeping:

CRTguns
08-31-2007, 2:42 PM
We are seeking the guns, and restitution for the fees we were complelled to incur, and a protective order or mandate to stop this before it happens again. .

The Judge was a little peeved when he saw that the DA council was not present, and that 1 of the co-defendant(Joe gunguy)'s attorney was not present- He pointed out to the 1 da pros that this was our 5th appearance, and there was nothing more in the case file than the original criminal caomplaint- no pics, no briefs, no discovery, nothing to constitute a case- he said- "there is no case here... how do you expect to proceed?"

The DA schmuck left, came back in @ 20 min with another DA schmuck who was authorized to file motion to dismiss. judge says, "good idea!"

I DO NOT consider this a victory. These poosees ran off before we could start a fight. This will continue to happen unless we are sucessful at securing a protective order or mandate to all DAs to not arbitrarily take AW cases.

arguy15
08-31-2007, 2:43 PM
I agree. A very nice no B.S. summary.

Kestryll
08-31-2007, 2:44 PM
The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.

Is it just me or does that sound like they trashed these people's lives, cost them and us as taxpayers money, wasted the courts time and everyone else's just on the hopes that these people would get scared or tired of it and just plead out?

Dang it must be nice to go through life with no accountability or liability for your actions!

tango-52
08-31-2007, 3:03 PM
And I love how the DOJ cuts and runs from the fight once it gets serious. Sounds like the jerks in high school that would taunt a couple of other guys into fighting each other, then step to the side and start taking bets!

HK fan
08-31-2007, 3:12 PM
wow that's great news

anothergunnut
08-31-2007, 3:21 PM
I'd like to know how much involvement the DA, Birgit Fladager, was involved. Is this the kind of thing we should hold against her when she runs for office again? Or is it just an ADA run amuck?

WokMaster1
08-31-2007, 3:21 PM
CRT, what's the next step? Are you guys using the same attorneys to recover your expenses, etc? Is the Madison Society still the key donation collection center? I, for one am interested in donating what I can as this will benefit me & all here if you guys win & a mandate to all the 58 & minus DAs to get up to speed on theOLL issues & stop f*cking around.

Maybe we can pay directly to the lawyers like in the BWO case. Just my $0.02

CCWFacts
08-31-2007, 3:35 PM
He said charges were *dropped*. I don't think this went thru a full trial, so I believe jeopardy issues not yet applicable.

Right, you only are in "jeopardy" when the first witness is called in the trial. If the case doesn't get to that stage, there is no jeopardy.

But practically, it sounds like this is over, permanently.

wilit
08-31-2007, 3:52 PM
Great to hear! I know this case dragged on for quite a while. I hope you guys can recoup your legal fees. It's nice to know the judicial system isn't completely hosed yet.

Can'thavenuthingood
08-31-2007, 4:20 PM
It's nice to know the judicial system isn't completely hosed yet.

I don't mean to squelch the happy times here, BUT.

This can happen over and over again up and down the state in every county and city reapeatedly.

They come into your life, ransack it, run you to death, bleed you broke and then leave saying "Oops, we got nothing, sorry about that".

The government is run by Men of poor character. Those are the ones that need to pay the consequences out of their own hide not the entities budget they work for.

Vick

LAK Supply
08-31-2007, 4:21 PM
I don't mean to squelch the happy times here, BUT.

This can happen over and over again up and down the state in every county and city reapeatedly.

They come into your life, ransack it, run you to death, bleed you broke and then leave saying "Oops, we got nothing, sorry about that".

The government is run by Men of poor character. Those are the ones that need to pay the consequences out of their own hide not the entities budget they work for.

Vick

These are the reasons for the actions that will follow with this case. If all goes well the DOJ will not be able to continue this without serious repercussions.

PIRATE14
08-31-2007, 4:24 PM
VERY COOL.......:cool:

DHiggmo
08-31-2007, 4:37 PM
Is it just me or does that sound like they trashed these people's lives, cost them and us as taxpayers money, wasted the courts time and everyone else's just on the hopes that these people would get scared or tired of it and just plead out?

Dang it must be nice to go through life with no accountability or liability for your actions!


Iggy's M.O. :mad:

ivanimal
08-31-2007, 4:37 PM
Good news, now turn the tables on em!

Diablo
08-31-2007, 5:46 PM
Great news!!!!:D

But lots of tax payers money wasted....:rolleyes:

LAK Supply
08-31-2007, 5:49 PM
...... and lots of a few individuals' money wasted..... almost like it was planned that way....... hmmmm....... :censored:

Fjold
08-31-2007, 6:34 PM
Thanks LAK and CRT, short and sweet.

I wonder how many times DA's are going to let the DOJ lead them down a path and abandon them there before they figure out that the DOJ is not on their side?

capitol
08-31-2007, 6:50 PM
Is it just me or does that sound like they trashed these people's lives, cost them and us as taxpayers money, wasted the courts time and everyone else's just on the hopes that these people would get scared or tired of it and just plead out?

Dang it must be nice to go through life with no accountability or liability for your actions!

That right there is the entire problem. The CADOJ doesn't do their job, the 58 DA's bring forward bogus AW charges and the law abiding citizen suffers.

LAK Supply
08-31-2007, 7:13 PM
That right there is the entire problem. The CADOJ doesn't do their job, the 58 DA's bring forward bogus AW charges and the law abiding citizen suffers.

This is not the problem.... this is exactly what the DOJ wants to happen. They are the ones that requested these charges be picked up after some BOF field agents and their supervisor walked into the store and stole Dave & company's guns.

The DA in this case was did not have anything to do with the initial incidence..... after 3 requests from the DOJ the DA's office picked up the charges and made a case out of them. They were even unsure as to what law was supposedly broken. The local DA would not have ever been involved if the DOJ had not started and pushed this issue. That "58 DA's" crap is total BS.... the DOJ is just using that to take the responsibility off of their shoulders.

capitol
08-31-2007, 7:33 PM
OK then... It's back to the DOJ not doing their job again.

Sooner or later these correctly configured AR15's will be common place and no big deal. Until then the law abiding citizen will be rolling the dice.

LAK Supply
08-31-2007, 7:48 PM
OK then... It's back to the DOJ not doing their job again.

Sooner or later these correctly configured AR15's will be common place and no big deal. Until then the law abiding citizen will be rolling the dice.

Barring catastrophic changes, the CA DOJ will never "do their job." They will either have to be forced to or they will continue doing this **** as they please. I think some of these "public officials" must be held personally responsible for their actions no matter the job. These jr. Gestapo foot soldiers will stop their crap in a hurry if their *****e$ are on the line....... both with their finances and healthy jail sentences for the weapons theft they commonly commit.

LAK Supply
08-31-2007, 7:51 PM
i can't get the link open on page two

Neither can I..... looks like they're having a server issue.

Kestryll
08-31-2007, 8:06 PM
Is this the info from the link you were trying to find?


STANISLAUS COUNTY SUPERIOR COURT
STATE OF CALIFORNIA

THE PEOPLE OF THE STATE OF CALIFORNIA, )

vs

DAVID ANDREW LAKE

NICHOLAS ANDERSON

JOE GUNGUY

MATHEW GENE MAULDIN

DEFENDANTS

No. 1218875 ) COMPLAINT - CRIMINAL

State of California

County of Stanislaus ss. CAL 06-20691



On February 15, 2007, C. DELIANNIS, STANISLAUS COUNTY DISTRICT ATTORNEY'S OFFICE, complains and alleges, upon information and belief, that said defendant(s) did commit the following crime(s) in the County of Stanislaus, State of California.

COUNT I : On or about September 8, 2006, defendant, DAVID ANDREW LAKE, did commit a Felony, POSSESSION OF AN ASSAULT WEAPON FOR SALE OR OFFER FOR SALE, violation of Section 12280(a) (1) of the California Penal Code, in that the defendant(s) did willfully, unlawfully and feloniously have in his possession for purpose of sale, an assault weapon, to wit: SUPERIOR ARMS 5.56 SEMI-AUTOMATIC RIFLE.

COUNT II : On or about September 8, 2006, defendant, DAVID ANDREW LAKE, did commit a Felony, MANUFACTURE AN ASSAULT WEAPON, violation of Section 12280 (a) (1) of the California Penal Code, in that the defendant(s) did willfully, unlawfully and feloniously manufacture an assault weapon, to wit: VULCAN ARMS, 5.56mm SEMI-AUTOMATIC RIFLE.

COUNT III : On or about September 8, 2006, defendants, DAVID ANDREW LAKE and NICHOLAS ANDERSON, did commit a Felony, CONSPIRACY TO MANUFACTURE AN ASSAULT

WEAPON, violation of Section 182/12280 (a) (1) of the California Penal Code, in that the defendant(s) did willfully, unlawfully, and feloniously conspire, combine and agree together to commit the crime of MANUFACTURING AN ASSAULT WEAPON, that pursuant to and for the purpose of carrying out the objects and purposes of the aforesaid combination, agreement and conspiracy, the defendant(s) committed the following overt act(s) at and in the County of Stanislaus, State of California. Each of the following overt acts were committed in order to further the defendants agreement and conspiracy.

OVERT ACT NO. 1

Defendant Anderson brought to Defendant Lake, the bottom receiver of a potential semi-automatic rifle at Lake's business on 1408 N. Carpenter Road, Modesto, Stanislaus County, California .

OVERT ACT NO. 2

Defendants Anderson and Lake conspired to use the aforementioned bottom receiver to construct an assault weapon.

OVERT ACT NO. 3

Defendant Lake provided Defendant Anderson a receipt for the work he would do to construct the weapon.

OVERT ACT NO. 4

Defendant Lake constructed an assault weapon for Defendant Anderson using the bottom receiver provided by Defendant Anderson.

COUNT IV : On or about September 8, 2006, defendants, DAVID ANDREW LAKE and NICHOLAS ANDERSON, did commit a Felony, POSSESSION OF AN ASSAULT WEAPON, violation of Section 12280 (b) of the California Penal Code, in that the defendant(s) did willfully, unlawfully, and feloniously possess an assault weapon, to wit, VULCAN ARMS, 5.56mm SEMI-AUTOMATIC RIFLE.

COUNT V : On or about September 8, 2006, defendants, DAVID ANDREW LAKE and DANIEL FRANK MCLEOD, did commit a Felony, POSSESSION OF AN ASSAULT WEAPON, violation of Section 12280 (b) of the California Penal Code, in that the defendant(s) did willfully, unlawfully, and feloniously possess an assault weapon, to wit, 5.56mm SEMI-AUTOMATIC RIFLE.



COUNT VI : On or about September 8, 2006, defendants, DAVID ANDREW LAKE and MATHEW GENE MAULDIN, did commit a Felony, POSSESSION OF AN ASSAULT WEAPON, violation of Section 12280(b) of the California Penal Code, in that the defendant(s) did willfully, unlawfully, and feloniously possess an assault weapon, to wit, SUPERIOR ARMS .223 CALIBER SEMI-AUTOMATIC RIFLE.

AC/cd

All of which is contrary to law in such cases made and provided, and against the peace and dignity of the People of the State of California.

Said Complaint therefore prays that a warrant be issued for the arrest of said defendant(s) and that said defendant(s) be dealt with according to law.

I certify under penalty of perjury, at Modesto, California, that the foregoing is true and correct.

Dated: ___________________________________

_______________________________________________

Complainant

Mr. Ed
08-31-2007, 8:08 PM
Does this mean i can finally complete my oll?

DHiggmo
08-31-2007, 8:16 PM
Yes if correctly configured. (Especially in Stanislaus County):D

Steyr_223
08-31-2007, 8:33 PM
Great News! United we are strong! United we will win!

http://www.nh.gov/ww2/images/ww50.jpg

aplinker
08-31-2007, 9:12 PM
Just wanted to congratulate you on what's the first of many victories, I'm sure. It's got to be a one huge sigh of relief for you.

I'll be hoping you get your property and restitution back ASAP.

69Mach1
08-31-2007, 9:16 PM
Congrats. This should have never happened, but the more it does the more credibility BOF will loose with the DA's.

CRTguns
08-31-2007, 9:19 PM
Thanks Gents...

I appreciate the support.


I was recently recounting how, one night in a dimly lit basement, we CONSPIRED to do nasty and evil deeds... we formulated an evil plan to construct a potentially semi-automatic firearm. And silly me, I gave my cohorts in crime reciepts- cause we were trying to do this secret like right- So I printed copies of the work orders and even filed for eligibility checks with the DOJ to make sure that my partners in crime was legal to purchase, cause you can never be too careful. Yes- we were going to commit heinous and feindish crimes against humanity. We conspired! Lucky for all the terrorist rodents out there, we were caught. We almost saw this evil plan come to fruition. Would-be dealers of wholesale death. So close...

bwiese
08-31-2007, 9:23 PM
Dammit, Dave, why do you keep conspiring to follow the law?

;)

Oh BTW, if you can (unless your lawyer thinks otherwise) can you now post a picture of the bug you discovered when you were putting in your security system?

LAK Supply
08-31-2007, 9:24 PM
Tall order.... it was doomed from square one. The real question is - what are we doing tomorrow Brain?

Thanks Gents...

I appreciate the support.


I was recently recounting how, one night in a dimly lit basement, we CONSPIRED to do nasty and evil deeds... we formulated an evil plan to construct a potentially semi-automatic firearm. And silly me, I gave my cohorts in crime reciepts- cause we were trying to do this secret like right- So I printed copies of the work orders and even filed for eligibility checks with the DOJ to make sure that my partners in crime was legal to purchase, cause you can never be too careful. Yes- we were going to commit heinous and feindish crimes against humanity. We conspired! Lucky for all the terrorist rodents out there, we were caught. We almost saw this evil plan come to fruition. Would-be dealers of wholesale death. So close...

CRTguns
08-31-2007, 9:52 PM
SCREEEEEWING my RRA 16" ML together!!!

unt mein Sturmgewehr 58.



Someday I'll figure out how to stick a picture on here- On that day, you'll see my litle motorola.

ldivinag
08-31-2007, 10:13 PM
holy carp...

date on the first count is sept 2006.

it took a year?!?

jeez...

CRTguns
08-31-2007, 10:23 PM
That was part of what pissed judge off...
they tried twice in '06 to charge me, but the DA then would't do it. Enter the new District Tool, and here we are.

Muzz
08-31-2007, 10:51 PM
Quote:
COUNT VI : On or about September 8, 2006, defendants, DAVID ANDREW LAKE and MATHEW GENE MAULDIN, did commit a Felony, POSSESSION OF AN ASSAULT WEAPON, violation of Section 12280(b) of the California Penal Code, in that the defendant(s) did willfully, unlawfully, and feloniously possess an assault weapon, to wit, SUPERIOR ARMS .223 CALIBER SEMI-AUTOMATIC RIFLE.

AC/cd

All of which is contrary to law in such cases made and provided, and against the peace and dignity of the People of the State of California.

Said Complaint therefore prays that a warrant be issued for the arrest of said defendant(s) and that said defendant(s) be dealt with according to law.



Does this part anger any of you as much as it does me? Oooooo posess a weapon that 90% of the rest of the population of the USA can waltz in and buy in their towns and be out in 20 min. BUT F--- NO! Not in CA!

The only things that are "against the peace and dignity of the People of the State of California" are these laws and those who enforce them.

chico.cm
08-31-2007, 11:33 PM
Congrats to the victors, and Thank You for fighting the good fight!
I sincerely hope that the DA's office is required to make restitution.

FortCourageArmory
08-31-2007, 11:50 PM
As another dealer is said "evil assault weapons", I applaud your victory and thank you for fighting the good fight. Your victory strengthens my ability to make a living as a firearms dealer.

MedSpec65
08-31-2007, 11:56 PM
Congratulations. Have you discussed the possibility of a malicious prosecution case and filing a memo of attorney fees and costs with your lawyers? I'm sure this bogus case was a financial setback for these 3 legally armed citizens. I know lawsuits against government entities are difficult or impossible, but the bureaucrat who initiated the action on behalf of the DOJ might be liable as an individual for a civil harrassment or malicious prosecution under color of authority. I'm sure most of us are not surprised the DOJ has no clear understanding of it's own regulations concerning AR builds.

DHiggmo
09-01-2007, 12:36 AM
This is what I get by reading between the lines.

Iggy shoots desk :iggy: everybody laughs at him in the department, higher ups say we will tell them to stop laughing at you if you do something for us.

Iggy starts his witch hunt. He then targets gun stores in the sticks with a female DA's

Hassles gun shops in area to probe them for any weakness. they flood a shop with agents to Divide up employees so as to get an opportunity to get a bug planted.

later comes in and seizes legal firearms and charges proprietor and customers with several felonies without tell the proprietor of these charges. The DOJ come in to shop many times after that to do they're thing. but say nothing about charges (waiting for a traffic stop or broken head-light on a Thursday // Sunday so he will have to spend the weekend in the poky before seeing a Judge) classic.

DOJ starts pushing the case.

Bug is found. It gets on Calguns gets over 23000 views (big news for a while).

Time passes, then proprietor post on Calguns and writes this.

Chin himself told me last year over the phone that the "law I broke" was forthcoming and that he would make the necessary modifications to my superior lower to make it a machine gun. thus proving that I was/am selling machine guns. Sounds like fabricating evidence huh?
I wonder what a recording of this conversation could do to him?

Iggy reads posts on Calguns puts two & two together,:eek: He doesn't make any machine guns and doesn't send anything to DA.


Later the Judge says to the DA this case is incomplete.:confused:

DA tells Judge, DOJ is not forwarding any evidence ( wonder why:rofl2:) and I can't see what law's they have broke (out in the stick there are sharp DA's)

Higher ups at DOJ say, Iggy whats up, where is our case. He says the dog ate it I can't find it. Bada bing bada boom he is on the gang task-force

Judge throws the case out after year (He is probably thinking what a fiasco and a big wast of money on both sides:()

The bad thing is, this is caused by internal politics in the DOJ. This is the only way these things can go on in a department, only if the higher-ups allow it.:mad:

I could be wrong or maybe I should be waring my glasses when reading between the lines.

ivanimal
09-01-2007, 12:47 AM
This is what I get by reading between the lines.

Iggy shoots desk :iggy: everybody laughs at him in the department, higher ups say we will tell them to stop laughing at you if you do something for us.

Iggy starts his witch hunt. He then targets gun stores in the sticks with a female DA's

Hassles gun shops in area to probe them for any weakness. they flood a shop with agents to Divide up employees so as to get an opportunity to get a bug planted.

later comes in and seizes legal firearms and charges proprietor and customers with several felonies without tell the proprietor of these charges. The DOJ come in to shop many times after that to do they're thing. but say nothing about charges (waiting for a traffic stop or broken head-light on a Thursday // Sunday so he will have to spend the weekend in the poky before seeing a Judge) classic.

DOJ starts pushing the case.

Bug is found. It gets on Calguns gets over 23000 views (big news for a while).

Time passes, then proprietor post on Calguns and writes this.



Iggy reads posts on Calguns puts two & two together,:eek: He doesn't make any machine guns and doesn't send anything to DA.


Later the Judge says to the DA this case is incomplete.:confused:

DA tells Judge, DOJ is not forwarding any evidence ( wonder why:rofl2:) and I can't see what law's they have broke (out in the stick there are sharp DA's)

Higher ups at DOJ say, Iggy whats up, where is our case. He says the dog ate it I can't find it. Bada bing bada boom he is on the gang task-force

Judge throws the case out after year (He is probably thinking what a fiasco and a big wast of money on both sides:()

The bad thing is, this is caused by internal politics in the DOJ. This is the only way these things can go on in a department, only if the higher-ups allow it.:mad:

I could be wrong or maybe I should be waring my glasses when reading between the lines.



Brilliant!

jdberger
09-01-2007, 2:01 AM
Yes. I think that is an reasonable summary as anything else.

Congrats. The DOJ folded.

five.five-six
09-01-2007, 2:28 AM
Tall order.... it was doomed from square one. The real question is - what are we doing tomorrow Brain?

same thing we do every day pinky, conspireing to use our potentaly semi-auto .223 rifels to TAKE OVER THE WORLD

KenpoProfessor
09-01-2007, 4:43 AM
Congratulations. Have you discussed the possibility of a malicious prosecution case and filing a memo of attorney fees and costs with your lawyers? I'm sure this bogus case was a financial setback for these 3 legally armed citizens. I know lawsuits against government entities are difficult or impossible, but the bureaucrat who initiated the action on behalf of the DOJ might be liable as an individual for a civil harrassment or malicious prosecution under color of authority. I'm sure most of us are not surprised the DOJ has no clear understanding of it's own regulations concerning AR builds.


Exactly, I don't see how this is any different than Mike Nifong's actions, and he got the heat and might be doing some jail time.

Have a great gun carryin' Kenpo day

Clyde

shark92651
09-01-2007, 7:52 AM
This is great news. Specifically how were these rifles configured?

Wulf
09-01-2007, 8:23 AM
I don't mean to squelch the happy times here, BUT.

This can happen over and over again up and down the state in every county and city reapeatedly.

They come into your life, ransack it, run you to death, bleed you broke and then leave saying "Oops, we got nothing, sorry about that".

The government is run by Men of poor character. Those are the ones that need to pay the consequences out of their own hide not the entities budget they work for.

Vick

Not to put too fine a point on it but at some point if they continue, this DOJ/DA reindeer game is going to leave someone broke and broken with nothing but a legally configured rifle they get back in the aftermath. You dont have to be a fortune teller to see how that could eventually play out.

LAK Supply
09-01-2007, 8:44 AM
same thing we do every day pinky, conspireing to use our potentaly semi-auto .223 rifels to TAKE OVER THE WORLD

That's the one I was looking for....! :jump:

.223
09-01-2007, 8:52 AM
This is what I get by reading between the lines.

Iggy shoots desk :iggy: everybody laughs at him in the department, higher ups say we will tell them to stop laughing at you if you do something for us.

Iggy starts his witch hunt. He then targets gun stores in the sticks with a female DA's

Hassles gun shops in area to probe them for any weakness. they flood a shop with agents to Divide up employees so as to get an opportunity to get a bug planted.

later comes in and seizes legal firearms and charges proprietor and customers with several felonies without tell the proprietor of these charges. The DOJ come in to shop many times after that to do they're thing. but say nothing about charges (waiting for a traffic stop or broken head-light on a Thursday // Sunday so he will have to spend the weekend in the poky before seeing a Judge) classic.

DOJ starts pushing the case.

Bug is found. It gets on Calguns gets over 23000 views (big news for a while).

Time passes, then proprietor post on Calguns and writes this.



Iggy reads posts on Calguns puts two & two together,:eek: He doesn't make any machine guns and doesn't send anything to DA.


Later the Judge says to the DA this case is incomplete.:confused:

DA tells Judge, DOJ is not forwarding any evidence ( wonder why:rofl2:) and I can't see what law's they have broke (out in the stick there are sharp DA's)

Higher ups at DOJ say, Iggy whats up, where is our case. He says the dog ate it I can't find it. Bada bing bada boom he is on the gang task-force

Judge throws the case out after year (He is probably thinking what a fiasco and a big wast of money on both sides:()

The bad thing is, this is caused by internal politics in the DOJ. This is the only way these things can go on in a department, only if the higher-ups allow it.:mad:

I could be wrong or maybe I should be waring my glasses when reading between the lines.


Sounds like the plot for a crappy made-for-TV movie.

hoffmang
09-01-2007, 10:34 AM
This is great news. Specifically how were these rifles configured?

My understanding were that these were relatively normal unlisted AR complete rifles with old fashioned Prince-50 set screw kits. The seizure occurred before bullet buttons were available.

-Gene

LAK Supply
09-01-2007, 10:43 AM
My understanding were that these were relatively normal unlisted AR complete rifles with old fashioned Prince-50 set screw kits. The seizure occurred before bullet buttons were available.

-Gene

Gene- these were not set up with Prince 50's..... mag release button and spring was removed on each of these rifles and nut was tightened in place and/or welded. A little more DOJ-friendly than the 50 if anything......

hoffmang
09-01-2007, 10:57 AM
So more like a sporting conversions kit then?

-Gene

LAK Supply
09-01-2007, 11:08 AM
I'm not sure Gene.... I'm not familiar with that kit.

Jicko
09-01-2007, 11:47 AM
So more like a sporting conversions kit then?

-Gene

1st generation home-made sport conv / home-depot nut setup? :D


PS. CRTguns/LAK: do you guys have an approx "out of pocket" money spent to this point?

LAK Supply
09-01-2007, 12:00 PM
1st generation home-made sport conv / home-depot nut setup? :D

Ah.... a Home Depot nut and a welder...... That's the one! :D

PS. CRTguns/LAK: do you guys have an approx "out of pocket" money spent to this point?

I don't know for sure....... I've been filled in on some figures along the way, but I don't know the end-tally as far as dollar amounts go. I also don't want to post anything that I'm aware of in regards to cost...... CRT would be better equipped to answer that one if he's inclined to do so.

Rob P.
09-01-2007, 1:59 PM
I have a couple questions. Did the judge dismiss the case "in the interests of justice"? IF so, what code provision did he use for authority? AND, was the case dismissed "with prejudice"?

Certain rulings lead to certainty of knowledge on whether the case can be refiled or not. Scan a copy of the final minute order for me/us.

LAK Supply
09-01-2007, 3:33 PM
I have a couple questions. Did the judge dismiss the case "in the interests of justice"? IF so, what code provision did he use for authority? AND, was the case dismissed "with prejudice"?

Certain rulings lead to certainty of knowledge on whether the case can be refiled or not. Scan a copy of the final minute order for me/us.

CRT will have to jump in on this one..... He said the case was "dismissed in the interest of justice," but I'm not sure about the code..... I didn't hear anything about "with prejudice."

Dave.....?

CRTguns
09-01-2007, 4:25 PM
I can't believe I left that part out... the dee dee dee from the DA said, "in the interest of Justice" just like the other cases.


$ out of pocket...

3 upper kits...
$640
$580
$580

Reddot site...
$90

3 superior lowers...
$200
$200
$200

Harris Bipod...
$70

CAA bipod adapter, CAA M4 stock...
$20
$80

retainer for me, and 1 co-defendant...
$2000

another payment to lawyer, by me...
$1000

other defendant...
$1000

Joe gun guy's retainer...
$2000

My donation of M1 Garand and 2 Rock island pistols for raffle fund raisers...
$1700

Printing and postage, for fund raising...
$1380
(Raffles and mailers grossed $7500.00 only)

$11160.00

Add business lost, for 3 days I could not sell guns in March cause they suspended my COE, about another $8000.00
Ill-will generated toward me and my shop, $$$$$$$$$$$$$ (people lose trust as rumors fly)

And I don't think there's a happy ending or snappy comeback that ends with "priceless"

five.five-six
09-01-2007, 5:09 PM
That's the one I was looking for....! :jump:
is it just u and me or did everyone else miss it?

LAK Supply
09-01-2007, 5:21 PM
is it just u and me or did everyone else miss it?

I think we're it five..... :(

gmcal
09-01-2007, 6:08 PM
So which one is a genius and which one is insane? narf! :)

LAK Supply
09-01-2007, 6:14 PM
So which one is a genius and which one is insane? narf! :)

There we go..... I think it's a little of both (speaking for myself of course)! :D

gmcal
09-01-2007, 6:18 PM
So, if I'm understanding this correctly; the BoF can push DA's to file charges, not provide any evidence to substantiate the charges, then cut their losses (actually the tax payers losses) and have the charges dropped? Please tell me there is something that can done under current law and regulations to put a stop to this.

I don't own any OLL's but as a taxpayer this angers me to see the tremendous waste and misuse of limited resources.

EDIT TO ADD:

CRTguns, I'm happy to hear your ordeal is coming to an end. I hope the process of getting your property back and receiving restitution for your expenses go well.

Kestryll
09-01-2007, 7:43 PM
So which one is a genius and which one is insane? narf! :)


I thin this will answer your question....

http://www.youtube.com/watch?v=iJPFSNu_QNs

Grouch
09-01-2007, 10:06 PM
Knowing very little on how the legal system works. Is there any kind of counter suit that can be filed against the DOJ for your loses?

Something like

DAVID ANDREW LAKE

NICHOLAS ANDERSON

JOE GUNGUY

MATHEW GENE MAULDIN

VS.

DOJ of California



Seems like there was some intentional attempts to get you to cop to a crime not committed and to place personal and financial hardships on you.

LAK Supply
09-01-2007, 10:19 PM
I thin this will answer your question....

http://www.youtube.com/watch?v=iJPFSNu_QNs

ROFL..... I haven't seen that for a while...... :D

USMC_2651_E5
09-01-2007, 11:34 PM
Congrats! This is a win for all of us, but you carried all the weight. Thank you.

supersonic
09-02-2007, 6:39 AM
Congrats! This is a win for all of us, but you carried all the weight. Thank you.

:iagree:
s.s.:43:

Rob P.
09-02-2007, 10:20 AM
I can't believe I left that part out... the dee dee dee from the DA said, "in the interest of Justice" just like the other cases.



So, it was the DA who made a motion to dismiss the charges and not the judge on his own motion? If so then you still may have some possible future liability if they decide to refile unless the dismissal was "with prejudice". Which is possible depending on which code section was used as authority for the dismissal.

Again, a copy of the minute order is needed to really clarify the whole issue.

CRTguns
09-02-2007, 7:51 PM
I think we're it five..... :(

Dude- sure I saw it- I own the Complete DVD box set of Pinky and the Brain... And watch them regularly. It's just such a normal part of my day- it's not out of ordinary to hear it.

LAK Supply
09-02-2007, 9:59 PM
Dude- sure I saw it- I own the Complete DVD box set of Pinky and the Brain... And watch them regularly. It's just such a normal part of my day- it's not out of ordinary to hear it.

If you ever make it up here you have to bring those...... or you should send them to me so I can make copies! :D

Dont Tread on Me
09-02-2007, 10:27 PM
Wow. It is hard to read through this thread and be left with any confidence in our CA DAs. Talk about malicious prosecution. Throwing the weight of the legal system against folks with no foundation should cost these people their jobs.

LAK Supply
09-02-2007, 11:24 PM
Wow. It is hard to read through this thread and be left with any confidence in our CA DAs. Talk about malicious prosecution. Throwing the weight of the legal system against folks with no foundation should cost these people their jobs.

Yeah, except they only answer to others in their fold. So much for checks and balances.... unless you want to take them to court. I think CRT has standing for this now..... what say you CRT?

Grouch
09-03-2007, 12:07 AM
Yeah, except they only answer to others in their fold. So much for checks and balances.... unless you want to take them to court. I think CRT has standing for this now..... what say you CRT?

I say take those ****ers to court.

CRTguns
09-03-2007, 1:18 PM
we're doing just that. Rest assured We're doing it.

Insurgent
12-17-2007, 10:50 PM
get the bastards!

troyus
12-17-2007, 11:08 PM
Thanks Gents...

I appreciate the support.


I was recently recounting how, one night in a dimly lit basement, we CONSPIRED to do nasty and evil deeds... we formulated an evil plan to construct a potentially semi-automatic firearm. And silly me, I gave my cohorts in crime reciepts- cause we were trying to do this secret like right- So I printed copies of the work orders and even filed for eligibility checks with the DOJ to make sure that my partners in crime was legal to purchase, cause you can never be too careful. Yes- we were going to commit heinous and feindish crimes against humanity. We conspired! Lucky for all the terrorist rodents out there, we were caught. We almost saw this evil plan come to fruition. Would-be dealers of wholesale death. So close...

The DOJ knows and sees all, apparently... Our tax dollars, hard at work. :rolleyes:

Satex
12-17-2007, 11:25 PM
...... and lots of a few individuals' money wasted..... almost like it was planned that way

This is known as "death by a thousand cuts" or "war of attrition". They know they don't have a case to stand on, but they also know that every time they drag someone to the court it costs him over $10k, so its a matter of time until people start to fold.

spgk380
12-17-2007, 11:49 PM
Congratulations!

Given the fact that the case is over and protection against double jeopardy, does anyone want to fill in the juicy/non-juicy details?

Double jeopardy? He was never tried and acquitted.

artherd
12-18-2007, 2:05 AM
every time they drag someone to the court it costs him over $10k, so its a matter of time until people start to fold.

Or it's only a matter of time before a whole community rallies behind it's fellows, puts it's money where it's mouth is, and says collectively, "We will not stand for this!"

Congratulations gentlemen, today is a very good day. (and it will be a good week!)

Rob P.
12-18-2007, 8:58 AM
Oh, ONE OTHER THING you should do (duh me for not mentioning it earlier):

File a complaint with the Cal State Bar Assoc. Under the rules of professional ethics, a DA CANNOT proceed with an action against an individual if he does not believe that the defendant is guilty of a crime. Your casefile (according to what you said the judge said about it) is empty of evidence of criminal acts. Without this evidence the DA charging you and holding you to answer for a crime violates State Bar Rules.'

FILE A COMPLAINT against EVERY DA INVOLVED. ( I am also posting this tidbit on BWO's "welcome back" thread.

artherd
12-18-2007, 1:55 PM
Not to put too fine a point on it but at some point if they continue, this DOJ/DA reindeer game is going to leave someone broke and broken with nothing
Yeah. Alison.

Rhys898
12-18-2007, 4:44 PM
Yeah. Alison.

We can always hope! :inquis:

Jer

5968
12-18-2007, 8:39 PM
Another win!!!

LAK Supply
12-18-2007, 10:05 PM
We can always hope! :inquis:

Jer

Not in CA.... only Spanish. ;)

exon111
06-02-2008, 1:42 PM
Dammit, Dave, why do you keep conspiring to follow the law?

;)

Oh BTW, if you can (unless your lawyer thinks otherwise) can you now post a picture of the bug you discovered when you were putting in your security system?

Sorry to resurrect an old thread, but was there seriously a bug? Does anyone know anything about that?

LAK Supply
06-02-2008, 2:18 PM
Sorry to resurrect an old thread, but was there seriously a bug? Does anyone know anything about that?

What do you want to know?

exon111
06-02-2008, 2:20 PM
What do you want to know?

Was there really a bug or is that just a joke? Was there a related news story that anyone might have a link to?

hoffmang
06-02-2008, 2:26 PM
Having looked into the matter some I have no reason to doubt the veracity of the claim that there was a listening device left behind.

-Gene