Tempestuous Fish

A journey for justice. Low profile is currently a necessity.

Friday, January 21, 2005

Onward and Upward

Anything to report? Well, we would like to say that all is going well... and being an optimist/idealist, Jason says everything is going great, (we pay someone else to assume the worst). Today Jason made a quick drive to Spokane for the pretrail on those charges, (reckless driving/loaded gun in a car).

The prosecutor was open for a plea deal, but hadn't looked into the case very much. He started reading the police report and found that Jason had the outstanding warrant, so he changed his mind on making any deals until looking into the case further. Lawyer filed and was granted a motion for continuous on grounds discovery and negotiation is not finished. Next Spokane court date set is Feb. 28th., 9 am.

After the hearing Jason drove out with the investigator to take pictures at the scene and tell him a play-by-play of the police stop.


As for the City of Ellensburg's attempt to be the first in Washington State to convict a citizen for peacefully open carrying a handgun, we are waiting until Feb. 3rd to see how that goes. Jason is suppose to call the city prosecutor on Jan. 24th and see what deal, if any, they would be willing to make.

Monday, January 10, 2005

Late Christmas Run

Well, weather and roadways are still bad in Spokane so no pictures. I've started classes back up, and Jason has taken a drive to finish the Christmas run that was rudely interupted. He will be heading over to the coast tomorrow. Sadly, not for the rally against Chris stealing the governor's seat. Just taken Christmas presents for the brother and family in Granite Falls. Jason is taken his mom with him so she can visit the grandkids. Trying to get it done before the next rush of bad weather or legal action.

Also the g u n is evidence so we must wait until a ruling is made to find out what becomes of it.

Friday, January 07, 2005

It Snowed Today

With the snow Jason's drive to get pictures taken at the scene in Spokane was cancelled.

He also called in hopes of getting his g u n back. He was directed to call the officer that took it from him in hopes of getting permission for it's release, (a call he decided against making until further discussion with his lawyer on Monday).

Thursday, January 06, 2005

A Side Note

What I will type of at this blog is mostly information already in the hands of prosecutors. Since those details are already in the hands of prosecutors, not much will be gained "against" Jason if this website comes to light.

Next Witness Statement

Ellensburg incident. This one was also collect June 1st, (the day Jason filed the complaint, not May 22nd, the day of the incident). This was the 18 year old bank teller and here is how he remembers the incident that had happened 11 days earlier:

On Saturday 22 of May a gental man came into the branch with a firearm (hand g u n) in the waist of his pants. It was a normal transaction and I had helped him once before but this time it just made me a little uncomfortable. He didn't act weird it is just that this is a bank. The last time I helped him he had the hand g u n as well but it was so busy it slipped my mind. I felt uncomfortable so I talked to my supervisor and he decided to call EPD.

Witness Statement

This is for the Ellensburg charge under city code, "...manifests an intent to intimidate another or that warrants alarm for the safety of other persons..."

Police stop was May 22nd, with no citation filed. Jason filed complaint June 1st. Later same day this witness state was collected.

Gentleman came into my place of employment with an unholstered, cocked + locked, .45 automatic p i s t o l. I was alarmed with the way the gentleman was carrying the weapon, thinking he might have been here for another purpose. I had other customers in the store that I was concerned about but didn't know whether they noticed or not. The gentleman was carrying the weapon in the front waistband of his pants and I could see from the handle of the g u n to the cartridge extracter on the top of the slide. This happened at {business removed} in Ellensburg @ {address removed} at approximately 12:30 pm on 5/22/2004

Signed and dated 6/1/2004

We find no concidence in how the buzz word 'alarmed' was included.

And this witness statement doesn't sound much like the 911 call that Jason listened to June 1st when filing the Freedom of Information request. Jason typed this on June 1st about what happened that day. Here his summary, in my words:
Jason turned in his formal complaint against the city officers earlier today. He then walked to the courthouse and turned one in against the county deputy involved as well.

The request for public records was next located at the 911-dispatch center, which is about a mile out of town. He decided to walk, (not wanting to be caught dead driving around right now... ha, ha).

Well, the dispatch center director was in and he read Jason's request for the 911 tape. He asked if Jason was a defendant in a case. He told him no.

He invited Jason inside of the secure building so he could look up if the 911 tape was now considered public record.

They made small talk about cell phone locators during 911 calls. The director voiced his concern about voice over internet 911 calls.

Getting back to Jason's request, he stated he believed that it was public record because there was a note with it that said the case had been closed the evening of the incident. He tried getting on the phone with the city police to find out if they had any objections to releasing it as a matter of public record. He could not get a hold of the officer in charge of the case, but came to the conclusion that the tape was public record. He said, well, I’ll let you listen to the tape first and then you can decide if you would like to pay for your own copy.

After a little searching past a horse on the roadway call and others, he reached one starting out like this:911 Operator: 911?

Caller: Yeah, I was wondering about the laws on conceal carrying a handgun?

911 Operator: Well, you should be directing your call to this agency… blah, blah, blah.

Caller: Oh.

911 Operator: So, you should ask them this question, (911 operator going for the hang-up).

Caller: But, the reason I called was that I just had a customer in my store that had a .45 stuck in the front of his pants “cocked, locked and loaded.” He wasn’t doing anything, but I was wondering about the law.

911 Operator: (Now interested). Where was he? Do you know him? What was he wearing? Did you see where he was going? You said it was cocked? We are sending an officer out now? Do you want to be contacted?

Well, plenty of reasonable suspicion of a LEGAL activity there. The 911-call was better then Jason thought.

Jason asked if there were any other calls on this incident. The director took a closer look at his computer screen, (it was a very large flat screen), trying to find another call. He said he didn’t have one. He then noticed an entry that the case had been reopened only 30 minutes earlier at 2:25 pm today. Now he was unsure of what to do.

So, he got on the phone with the city police and started asking question. Jason overheard as the director said, “I see no reason to not let this phone call go out as public record. What do you think?” About 30 seconds of listening, then, “Oh, I see. Yes, then this is most certainly not available for public record.”

Jason was trying to hold in my laughter.

He got off the phone and said request denied because there is currently an active investigation. I cannot tell you anything more.

Jason held in his laughter again, stood up and got ready to leave. The director asked if Jason wanted his request for public records back. Jason asked him to please make his denial of public records in writing. He said he would send Jason a letter. Jason walked home.



Back to Ellensburg

Ellensburg charge is display of dangerous weapon for open carrying on May 22nd. The citation wasn't issued against Jason until after he turned in a complaint on June 1st about the police stop and harassment. This could lead to a dismissal on grounds of it being a retaliatory citation. Also it is a city code Jason has been cited under which has been preempted by state law, so there is another grounds for dismissal. We hope to get this case dismissed at the next trial date in Ellensburg, Feb, 3rd, at 9am. Jason does not have a lawyer for this case. Lawyers he has talked to say that it looks to be a fairly clear cut grounds for dismissal, but Jason wants to insure that the procedural side of these dismissals are done correctly. If we do hire a lawyer they would want to prepare for the worst, (a full blown trial), so are asking for a large chunk of change to even represent Jason for the dismissal.

More Recently

Jason will be driving to Spokane tomorrow to meet with investigative service to take pictures of car at the scene. What officer could/could not see, things like that. This was recommended by his lawyer, although, we are not sure what it will accomplish. $600 went to the this investigative service.

Tuesday, January 04, 2005

Where Are We At?

Lets start with the Spokane case. We were pulled over while traveling for the Christmas holidays. We will not start to go through the details of what we went through that night. Let's just explain what the officer's has signed under oath to be true.

His report cited driving too fast for conditions, (claims foggy and roads slick). Following too closely. Not signaling when changing lanes. Officer then claims followed to observe for DUI. Officer ran plate and found registered owner had a warrant for dangerous weapons. Due to driving error officer decided to perform stop. During stop brakes were slammed. Officer observed driver doing something with hands. Officer approached. Officer saw a "black" semi auto hand-g u n with hammer cocked back. Officer saw clip between legs. Officer says impolite words were exchanged. Officer backed off and waited for back up. Then ordered out of vehicle at g u n point. Later officer states wife says, "yes," that the g u n was loaded during the incident. Officer claims weapon unloaded during the "slamming" on of the brakes. Officer indicates this view substantiated by wife. Officer states more impolite "conversation," on way to jail and that a statement to the effect of shooting the officer at the scene was made while in jail.

That sums up the officer's sworn statement. Oddly his report doesn't include the original reason we were told when pulled over, 'rear license plate light out.'

Refresher

There are two cases going on. The Ellensburg case started in May, (summons sent to street address not PO box), which caused an outstanding arrest warrant on a displaying a dangerous weapon type of charge. The Spokane case is a reckless driving and loaded g u n in a car charge. I may go into some details of each of these later.

As for now, only citations have been issued, (no ruling have been made).

Intro

Sierra here: I will do what I can to keep some information flowing.

First off, Jason was not told to take anything offline by those involved with his cases. As far as we know, the cogs involved are in the dark. For now, it should stay that way. Comments will be reviewed closely.

The general story will be outlined, but no specifics will be discussed, (exception is future court time/date/location).

As for now, this is the best we can do.