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View Full Version : The Napa DA Lost


F-2_Challenger
10-31-2007, 10:02 PM
Well the title says it all. Last year on my second birthday, the November 10th, former Marine if you could not tell, some crazy lady attacked me for a stupid piece of paper. She ended up scraiching me, and striking me, while her employee jumped in from behind. I did not get arrested, that was a real shocker, I thought I was done for with it being an issue with a woman, however, the lady decided to file a RO, and LOST. Then the DA decided to file charges against me, even when the cop recommended charges against her. Political connections are great! Needless to say the Jury got back and I got a straight NOT GUILTY.


TIME TO GO GET MY GUNS

And I will be back on the board now.

M. Sage
10-31-2007, 10:08 PM
Cool!

So... what happened? :confused:

savageevo
10-31-2007, 10:10 PM
welcom back, I swear DA has nothing better to do than bust the good guys Does Duk La Cross sound familiar.

DedEye
10-31-2007, 11:50 PM
I'm honestly very confused by your post :confused:. Why was she attacking you, how old are you now?

Also, do you know who the DA who argued the case was?

tiki
11-01-2007, 6:25 AM
I'm honestly very confused by your post :confused:. Why was she attacking you, how old are you now?

Also, do you know who the DA who argued the case was?

I'm also confused. If last year was your second birthday, how the hell do you have guns?

Fjold
11-01-2007, 6:33 AM
Sue her for damages, emotional distress and injuries.

tgriffin
11-01-2007, 7:56 AM
Gentlemen,

I believe he is stating that he considers Nov. 10, the birthday of our beloved Marine Corp, as his second birthday per year.

F-2_Challenger
11-01-2007, 7:24 PM
First of all I celebrate 3 birthdays a year, July 4th for my country, November 10th, for my beloved Corp, and my personal birthday. I am old enough to own firearms, seing how I have already served in the Marines.


What happened is this: I get a phone call to go pick up my final paycheck from my ex-employer, who I quit from about a month earlier. I go in and to get my paycheck from HR and they want me to sign this paper saying I received my check in 72 hours and I refused, so I got my check and left the building. Next thing I know this crazy lady, owner of the business, comes running out side in the street demanding why I didn't sign the paper. I inform her that I was not paid in 72 hours and I am not going to sign the paper. She becomes irate and starts yelling and wants the paper, then attacks me for the paper scratching me in the process. I then grab her wrist then she starts striking me with her other hand and her minion employee jumps on my back. She finally quit striking at me, so I let her go and got her minion off of my back. I leave and call the cops. The cop writes up the report and recommends that she be brought up on charges, but the DA decides to charge me with battery. In the mean time I have to deal with a bull crap restraining order hearing, which she lost, and cost me about 12 grand. Later the DA offers me a deal to plead on a 242 with 2 days in jail, 3 years probation, and a bunch of other crap. At this point what the hell lets roll the dice, needless to say the DA lost, and I got a straight not guilty verdict.

I then ask the DA why they wont file on them, but I doubt it because being rich and having connections in this town is everything.

metalhead357
11-01-2007, 7:46 PM
I gotta ask...which bizzzzz? I frequent places there and wanna know which to avoid!!!!

PM if you dont want it public and public forum I give you my word it'll go no further if you say so.

Shotgun Man
11-01-2007, 7:51 PM
You are to be commended for sticking by your guns and taking your case to jury trial. Unfortuanately, it's a big risk the way the laws are stacked against the common man.

A good decision because a young man-- a former marine no less-- has no reason acquiring a criminal record simply because the government is heavy handed.

I got to ask you-- how hard were you pressured to plead? Did you have a public defender or court appointed attorney? Contrary to popular belief, I believe they do good jobs. Just like all of us at our jobs. But you said it cost 12 grand, right? That's a heap of moola.

The two days of jail that were part of the offer, I assume you had already done that time, right? Man, I'm sorry for you.

Liberty1
11-01-2007, 8:22 PM
...they want me to sign this paper saying I received my check in 72 hours and I refused...

It may be too late time wise but contact the state labor board and report them for that violation of labor law. Many of those violations carry heavy penalties and the investigation will serve her right.



...cost me about 12 grand...

Sue her and the County separately in small claims (I believe a max is now $7500) for the $$$$$ loss and the trouble she put you through - no lawyer needed.

As for the ADA, contact his boss, the DA, and complain (office politics could mean he's not popular); also contact the State DOJ and the FBI and report his selective prosecution of you and not of the other party. You never know if they aren't already investigating him or might have other complaints on the back burner. Your report just might push them into action.

5968
11-01-2007, 10:49 PM
Congrats. I'm glad to hear everything turned out good for you!

duenor
11-01-2007, 11:24 PM
Wait.. okay I might seem a bit naive here - but if the DA charges you, and you spend a heap of money defending yourself, and the jury decides that you are innocent, then can you sue the DA for compensation for both legal costs and the days in jail, etc?

After all, a jury's verdict of "not guilty" would mean that they imprisoned an innocent man, right?

I'm sure I'm wrong and that big government (or a crazy woman for that matter) can ruin your life with impunity, but that's not the way it should be.

DedEye
11-01-2007, 11:51 PM
It may be too late time wise but contact the state labor board and report them for that violation of labor law. Many of those violations carry heavy penalties and the investigation will serve her right.





Sue her and the County separately in small claims (I believe a max is now $7500) for the $$$$$ loss and the trouble she put you through - no lawyer needed.

As for the ADA, contact his boss, the DA, and complain (office politics could mean he's not popular); also contact the State DOJ and the FBI and report his selective prosecution of you and not of the other party. You never know if they aren't already investigating him or might have other complaints on the back burner. Your report just might push them into action.

:iagree: To both.

I know a bunch of attorneys in the DA's office in Napa, including Gary Lieberstein, so I'm really curious who the ADA was (and who your attorney was for that matter). I'd also like to know which business this was so I can take my patronage elsewhere.

artherd
11-02-2007, 12:59 AM
Post details, and names. It is not libel/slander IF IT IS TRUE. Fight back, bullies respect only force.

artherd
11-02-2007, 1:20 AM
We ought to be able to recover costs for such frivilous and misguided (malicious?) prosecutorial effort.

I would really like to see somebody's bar card yanked over this, the People ignored the recommendations of the arresting officers, charged obviously the WRONG man, and got away scott free.

milsurpshooter
11-02-2007, 3:42 AM
sounds like they were both high on illegal drugs.

Can'thavenuthingood
11-02-2007, 8:07 AM
Human Resources, another load for the spreader.

I'd be seeing about a lawsuit and get a huge share of that company. That witch would be working for me and most all her profits would go to the NRA or some other conservative cause.

Good job keeping your cool Lad, I don't know I could have left the area without bodies lying around the parking lot.

Semper Fi
Vick

.22guy
11-02-2007, 4:46 PM
So I guess gettting a letter of reccomendation from them is out of the question? Sorry, couldn't resist. :eek: :)

I'm glad it worked out in your favor, I hope you can move on with your life in the best way possible. Good luck.

metalhead357
11-02-2007, 7:16 PM
:iagree: To both.

I know a bunch of attorneys in the DA's office in Napa, including Gary Lieberstein, so I'm really curious who the ADA was (and who your attorney was for that matter). I'd also like to know which business this was so I can take my patronage elsewhere.


I'm with you. Hope he comes back with a followup. I aint heard nuttin' by PM (yet?)

But he pegged it with the amiss of politickin' there...I was trying to explain "All" that is "Napa" on another thread. Immesnely beatiful but One of the strangest places I've ever been too; BIG BIG town in a lot of ways, but soooooo small town-back woods good ol' boys in another & yet some bizzzzare mix of Neo-cons and Post hippie converts mixed with a HUGE does of the completely HAVE or HAVE-NOTs. Every single stinking time I'm there I think its gonna be libberish and its not, next time I think it'll be more conservative~ they go isolationistic and lib all at the same time. They'll tear down century old historic buildings for parking lots but wont let <most> businesses expand.....

Of all the places I've lived, passed through and whatnot...Napa has had to have been the hardest dang place to classify; its a nice place to vist- but not live in, its a nice place to live in if you've got LOTS of money--just not if you're a republican: its downright hostel to vagrants it seems--but has soooo many "help" places its absurd.

I desperately want to know as I simply want to avoid the place whenst I'm there. There ARE some strange politics afoot there....Its like the Conservatives went dafy on the wine and do way too many leftist things and the leftists are trying not to admit they've "sold out" to thier own beliefs whilst doing strangely conservative things. Some of the abolute NICEST people I've ever met there and yet some of the WIERDEST people too that knock'd my previous dealings with Oregonians to the bottom of the list. No offense meant-- but some of them Oregonians ARE WIERD;) and yet Napa has a slice of the truly strange.....

the stories I was told coming to Napa about the 'powerful families' only seems to be more alive with THIS tale...and yet thankfully I've yet to come across/run across any of it directly....nor do I want to!!!!

rumbling rant off:rolleyes:

But a second call for the info PLEASE.

RP1911
11-02-2007, 7:53 PM
Was the officer's name Tom?

G17GUY
11-02-2007, 10:30 PM
Was the officer's name Tom?

Why does that matter?

shonc99
11-02-2007, 11:25 PM
Tag for an interesting read

DedEye
11-03-2007, 1:37 AM
Why does that matter?
Depends on if you know Tom ;).

metalhead357
11-03-2007, 10:17 AM
Depends on if you know Tom ;).


I dont know an officer Tom- but I do know several officers; bet they're not too happy about the DA's move on this diregarding the report..........., but come to think of it- there is a local 'undergound' paper in town called the liberty? libertien? or some other revolutionary name IIRC that pretty much does nothing but rag on evrything political and everything leo in the area..........

I'll see if I cant find a copy and maybe do a scan for you guys- it's trippy to say the least: I aint been to the downtown area in ages but next time there I'll try and get one.

DedEye
11-03-2007, 12:06 PM
I dont know an officer Tom- but I do know several officers; bet they're not too happy about the DA's move on this diregarding the report..........., but come to think of it- there is a local 'undergound' paper in town called the liberty? libertien? or some other revolutionary name IIRC that pretty much does nothing but rag on evrything political and everything leo in the area..........

I'll see if I cant find a copy and maybe do a scan for you guys- it's trippy to say the least: I aint been to the downtown area in ages but next time there I'll try and get one.

The Napa Sentinal, written by city councilman and former mayoral candidate Harry Martin.

MedSpec65
11-03-2007, 12:36 PM
I'm with you. Hope he comes back with a followup. I aint heard nuttin' by PM (yet?)

But he pegged it with the amiss of politickin' there...I was trying to explain "All" that is "Napa" on another thread. Immesnely beatiful but One of the strangest places I've ever been too; BIG BIG town in a lot of ways, but soooooo small town-back woods good ol' boys in another & yet some bizzzzare mix of Neo-cons and Post hippie converts mixed with a HUGE does of the completely HAVE or HAVE-NOTs. Every single stinking time I'm there I think its gonna be libberish and its not, next time I think it'll be more conservative~ they go isolationistic and lib all at the same time. They'll tear down century old historic buildings for parking lots but wont let <most> businesses expand.....

Of all the places I've lived, passed through and whatnot...Napa has had to have been the hardest dang place to classify; its a nice place to vist- but not live in, its a nice place to live in if you've got LOTS of money--just not if you're a republican: its downright hostel to vagrants it seems--but has soooo many "help" places its absurd.

I desperately want to know as I simply want to avoid the place whenst I'm there. There ARE some strange politics afoot there....Its like the Conservatives went dafy on the wine and do way too many leftist things and the leftists are trying not to admit they've "sold out" to thier own beliefs whilst doing strangely conservative things. Some of the abolute NICEST people I've ever met there and yet some of the WIERDEST people too that knock'd my previous dealings with Oregonians to the bottom of the list. No offense meant-- but some of them Oregonians ARE WIERD;) and yet Napa has a slice of the truly strange.....

the stories I was told coming to Napa about the 'powerful families' only seems to be more alive with THIS tale...and yet thankfully I've yet to come across/run across any of it directly....nor do I want to!!!!

rumbling rant off:rolleyes:

But a second call for the info PLEASE.Napa residents remind me of Ron Paul supporters who are basically conservative but cloak themselves in the "Libertarian" label to maintain their relationship with their ditzy girlfriend. Having things both ways has evolved to where it's not even rocket science anymore. I travel to Napa on civil courts business from time to time and have served civil process on local residents. Your description is on the mark. Strange town.

metalhead357
11-03-2007, 2:30 PM
The Napa Sentinal, written by city councilman and former mayoral candidate Harry Martin.


That'd be the one. Sounds like you been there a time or two;) Am I lying about Napa? Its wonderdous and yet strange all in the same regard....



Napa residents remind me of Ron Paul supporters who are basically conservative but cloak themselves in the "Libertarian" label to maintain their relationship with their ditzy girlfriend. Having things both ways has evolved to where it's not even rocket science anymore. I travel to Napa on civil courts business from time to time and have served civil process on local residents. Your description is on the mark. Strange town

That'd do for a decent description....

DedEye
11-03-2007, 2:36 PM
That'd be the one. Sounds like you been there a time or two;) Am I lying about Napa? Its wonderdous and yet strange all in the same regard....





That'd do for a decent description....

Lived there since I was 5. More or less accurate.It's a small town, it just happens to have 75k+ residents.

metalhead357
11-03-2007, 2:41 PM
Lived there since I was 5. More or less accurate.It's a small town, it just happens to have 75k+ residents.


LOL! drop me a line next time you're up. I've met a few others from here that also live there; I'm in and out of the area a LOT.

F-2_Challenger
11-03-2007, 9:22 PM
Was the officer's name Tom?

Sounds like you already know all about it.

F-2_Challenger
11-03-2007, 9:29 PM
But you said it cost 12 grand, right? That's a heap of moola.

That was just for the restraining order, not including the trial. I have yet to get the final bill for the criminal.

As for the whole jail thing, I didn't serve time. With the deal they tried to strike they wanted me to plead on a 242, take 2 days in jail, 3 years probation, and a bunch of other crap.

As for if I was even entertaining the deal, the answer was no. I did not do the things she claimed I did, and that prevaricating, evil, ... well you get the point.

As for where to stay away from, I really dont want to deal with these people any more. The only time they will be hearing from me is in court.

metalhead357
11-03-2007, 9:31 PM
As for where to stay away from, I really dont want to deal with these people any more. The only time they will be hearing from me is in court.


Fair enouff, but as said...PM's work and you do have some here that desperately wanna know....

either way. Glad you made it ok, though a little lighter in the pockets.....

artherd
11-04-2007, 1:24 AM
Napa (city) is indeed a weird place. Frankly, I don't like it. The valley itself is georgeous, best on the north end near Calistoga / St. Helena.

metalhead357
11-04-2007, 11:11 AM
Napa (city) is indeed a weird place. Frankly, I don't like it. The valley itself is georgeous, best on the north end near Calistoga / St. Helena.


Amen on a lot of fronts. I've told peeps for years that it IS awsome for great meals and wine (Duh:D) but the entire wine-thang' is lost on me and mine...as we just dont drink wine all that often; sure I can taste the diff, can tell a bordeux from a pinoit....but once you've recognized you dont like wine-- what else has the place got? A lotta good food...but a lot of EXPENSIVE good food and who wants to drop several hundred on a weekend just for eats? Thier "art" is there...just not my flair.

Yountville, St Helena and Calistoga are all indeed kick butt places....just not much to do. The wife and I have traveled around the area pretty extensively & theree are more kick butt smaller places off the beatedn path(s) from Rutherford all the way out to Santa Rosa...... but they all share one thing in common; EXPENSIVE with the only other commonality...nothing to do there 'cept wine/food.

But hey...I digress- there ARE places to go for peeps like us. Knoxville is semi-close. The elusive & exclusive Napa gun club is kick butt (name another range that is open 24/7) but you just gotta KNOW who to ask to take ya' there--as they aint taking new members anytime soon. Pleny of private lands to hunt (deer and turkey are IMMENSE in the area)- but again....it comes down to who you know and rubbing the "right" elbows.......................... and hence why I'd still really like to know WHO NOTTTTTTTTTT to rub elbows with after hearing this story from the OP.

But Napa is strange, its either the southern entrance to wonderous areas further along or its the true-break between the "Bay area" and the rest. Heck, 15 minuts south and you're totally into "Generica" with Vallejo, Richmond...etc. where everything looks pretty much the same as the rest of the Bay area.............