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  #11  
Old 08-04-2006, 04:21 PM
David Merrill's Avatar
David Merrill David Merrill is offline
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Quote:
Originally Posted by greatwolf75
Here's the thing, the officer never gave a report to anybody except the neighbor who's land they were on when the crime took place. That however was not on the report, the only thing on the report is a trespassing violation on the 4 who assaulted the guy. The old man has never been in trouble for anything with the law(less). My neighbor has been in touch with the guys brother, we found out that his bail is set for 10 grand. So this guy who is almost 60 is guilty of getting beat up. His brother is trying to come up with the money to free him. I told my neighbor that I want any papers that they give to him so that I can put that in the complaint I'm writing also. I don't know where the cops get off thinking that they are the gestapo.


I was talking about your report. However I suppose should you get the backside of the Uniform Summons and Complaint against him for what, assault? That would be informative.

I may be misreading you but your friend was issued a summons and complaint that only mentions the four trespassers for tresspassing? What was your friend charged with; assault or trespassing?

Last edited by David Merrill : 08-04-2006 at 04:23 PM.
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  #12  
Old 08-05-2006, 03:09 PM
greatwolf75 greatwolf75 is offline
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I'm sorry if I wasn't making too much sense but this whole thing has got me quite upset (to say it mildly). I'll try to explain it a little more sensibly. The guy that got assaulted was charged with aggravated battery. Thing was, he never threw a punch or anything, he just got the tar beat out of him. The officer said that it was his call on who to arrest. One of the people who hit him was a female who hit him with a golf club, the cop took that, we're not sure why. The trespassing part comes into play with where the fight took place, that was at my neighbors house. The old man knows my neighbors because his daughter is friends with them. The old man was on his way over to my neighbors when they jumped him. We think the reason why they did this is because they don't like my neighbors. So in order to show my neighbors how tuff they are they beat up a near 60 year old man. Anyway, he was on his way over there and was actually on my neighbors property when they got him. That is where the trespassing part comes in, I will try to get that on here sometime tonight or tomorrow. To try and summerize for you: 4 people jumped an old man on my neighbors property, the 4 thugs are free to go about there merry way, the old man goes to jail for getting beat up and is charged for aggravated battery and my neighbor gets a piece of paper saying that the 4 thugs were there.
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  #13  
Old 08-05-2006, 03:58 PM
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David Merrill David Merrill is offline
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What is the header of that piece of paper saying that the 4 thugs were on the neighbor's property? Is that a trespassing complaint of some sort? Is it an affidavit?

From what I gather in your posts the police officer made a big mistake about who attacked who and it sounds as though he refused to correct his mistake. It sounds as though he got very stubborn and self-righteous about protecting his original but erroneous judgment call.

The local newspaper might run an article about it.

Here is another thought. Sue in the civil forum - a $30 civil complaint asking for compensation for injury. Once the complaint is filed have a process server drop a copy off with the District Attorney. Look at this:

http://198.187.128.12/colorado/lpext...s-main.htm&2.0

Quote:
16-­2-­105. Issuance of summons after complaint. A summons may be issued by the clerk of the county court, if a sworn complaint has been filed by any person with the county court requesting issuance of a summons under simplified procedure. A copy of a summons so issued shall be supplied to the district attorney or deputy district attorney for the county. If the district attorney so requests, a warrant may be issued by the county judge, upon a showing of probable cause. In such event, the person named in the warrant shall be brought before the court as provided in the Colorado rules of criminal procedure.

[Go into the Colorado Statutes and then County Court Provisions, then look for 16-2-105 first by "Title 16" then "Chapter 2"...] By the way folks, this looks like a free Lexis Nexus subscription but I don't know how extensive the privileges are.

http://www.state.co.us/gov_dir/leg_d...s98/hb1088.htm

It would seem that they have legislated around the matter in the State of Colorado corporation by repealing the statute but it is the DAs job just the same; if a criminal matter is brought to his attention then he should prosecute it.* Here is what got transferred into the federal jurisdiction (since everything is admiralty anyway @ Rule C(3)(a)(ii)(B) attached below.

Quote:
Originally Posted by The Supplemental Rules for Certain Admiralty and Maritime Claims

Rule (C)(3)(a)(ii)(B) Arrest Warrant. If the plaintiff or the plaintiff's attorney certifies that exigent circumstances make court review impracticable, the clerk must promptly issue a summons and a warrant for the arrest of the vessel or other property that is the subject of the action. The plaintiff has the burden in any post-arrest hearing under Rule E(4)(f) to show that exigent circumstances existed.




Regards,

David Merrill.


* I am not finding it online so I may have to go downtown and get into the older C.R.S. books to see it. In the video clip what I am showing got repealed is the clerk's duty to issue a summons upon any verified complaint. I went a few rounds back in 2000 with the clerk of court about that but he is more afraid of the Attorney General than me. That was just after the Repeal of the statute too. But I recall there was a stipulation that if a complaint were brought to the DAs attention and it involved criminal activity - in this case felony assault against the elderly - then the DA would be compelled to pursue it as though reported by a police officer. That is what the clerk of court wanted me to do back in 2000, and the summons would be issued by the county court. Subsequently I could show the complaint for review to the District Attorney. All I had to do was file my complaint in the civil forum which I had objections to going into. If your friend carries a driver license (is identifying himself as a quasi-government employee) then he may not have such objections.
Attached Files
File Type: zip issuance of summons.pq.zip (1.17 MB, 4 views)

Last edited by David Merrill : 08-05-2006 at 04:39 PM.
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  #14  
Old 08-05-2006, 05:41 PM
jerrypitts
 
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David: may I suggest that you do your search on the term "misprision of felony"? Just a thought. 18 USC 4,5,and 6

Jerry
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  #15  
Old 08-05-2006, 06:19 PM
greatwolf75 greatwolf75 is offline
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BINGO!! You hit the nail right on the head. The officer did make a mistake, but said that he had the right to make the call on who goes to jail. The man got out and was not given any report or anything. He and his brother are trying to get it and said when they do they will give it to me to look at. Anyway I have the trespass paper, but it doesn't look to good when I scan it in so I will just write out what it says. I have to block out the names but other than that it will read the same

The above listed person went onto the address of ********** and calling people names. ****** was at work and his wife ************ told ****** to leave, he left but a fight started up the street over the visit. ****** and ******* both request that ****** not come onto their property again. ****** was told if he comes on the property he would be subject to arrest. Warrant was negative per operator.

The person calling names and all that was one of the thugs that started the fight. The old guy is not even on this report. I'm hoping that I will get his info soon.
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  #16  
Old 08-05-2006, 08:05 PM
David Merrill's Avatar
David Merrill David Merrill is offline
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Quote:
Originally Posted by jerrypitts
David: may I suggest that you do your search on the term "misprision of felony"? Just a thought. 18 USC 4,5,and 6

Jerry


Quote:
MISPRISION OF FELONY - Whoever, having knowledge of the actual commission of a felony cognizable by a court of the U.S., conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the U.S. 18 USC

Misprision of felony, is the like concealment of felony, without giving any degree of maintenance to the felon for if any aid be given him, the party becomes an accessory after the fact.


It sounds as though GreatWolf is doing his best not to be guilty of that.
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  #17  
Old 08-06-2006, 06:19 AM
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Fed-Up Fed-Up is offline
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assault the cop instead

next time the cop is seen on the street either in uniform or his civies....ordering a donut at his favorite waistline enhancement center...smack him in the face with a nine iron!! Whisper in his ear
that next time you'll tie him to the tracks and let the next 'A' train do the work.
Quote:
Originally Posted by greatwolf75
Fellow members, I need help with something that happened just a little while ago today. A man was assaulted, the police were called in. When the police got there they arrested the man who was assaulted, he was assaulted on private property by several individuals. The officer arrested the old man and none of the people who did this to him. The arresting officer said that the decision on who to arrest was up to him. A friend said to the officer "so I can go on somebody else's property, beat them up and they get arrested and not me". The arresting officer said if that is the decision the officers make. This man who was assaulted is nearly 60 years old, was assaulted by 4 people, one of whom used a golf club on this old man, and none of them were arrested just the old man. There were 8 eyewitnesses to this and the officer still did nothing about this. My problem is that justice was not done by this officer, this man was falsely arrested, can anybody help me on what to do?
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