Today Was Scheduled To Be The Motions Hearing
Yesterday, my attorney (Terry O’Malley) called to let me know that the court had asked that our motions hearing time (9:00 AM) be moved up a half hour to 8:30 AM. When we arrived at the court this morning we learned that the court was unable to hear and rule on our motions today. After about 45 minutes of discussion we arrived at a new schedule:
- January 29th, 2010 (9:00 AM): Motions Hearing
- March 3rd, 2010: Pre-Trial Hearing
- March 8th, 2010: Trial Begins
I admit that I am more than a little frustrated; It was July 10th, 2008 that I allegedly broke the law by holding a gun when two unknown vehicles came racing up our driveway. Today is 17 months later….
The District Attorney remains convinced I am a criminal that needs to be brought to justice and is also convinced that he will be able to cajole a jury of 12 Adams County Residents into thinking that is “un-reasonable” to grab your gun after you have been threatened over the phone and see two cars approaching quickly. The argument goes something like this — even if I did NOT know the cars occupants were Social Service Workers followed by a Sheriff’s Deputy the moment I did realize the trailing vehicle was a Sheriff I should have dropped my gun.
I am pretty sure that the Deputy D.A. is correct that he will be able to convince a jury that I am a criminal and I will be found guilty and sent to jail. Surprised? This is all independent of the law in Colorado where our Constitution clearly states that the right to keep and bear arms in the protection of your home, your property and yourself shall not be called into question. There are no loop-holes in our Constitution that state “unless confronted by a Sheriff or Social Service Workers”. Still, no one is stating that I made any verbal threats or that I pointed my gun at anyone — simply that I was holding my gun, and that is enough to convict me and sentence me for 10 years in prison.
I have been reading what I am able to find about the Rick Stanley case that took place in Adams County a few years ago and this is why I am certain the D.A. is correct — they sentenced Mr. Stanley to 6 years in prison for filing a motion with the court stating that the judge was violating his oath of office (OK, it is a little more complicated and I suggest you Google “Rick Stanley” to get a big picture view of that case).
Here is the problem I see in front of me: There is NO law — You may be charged with anything and as long as the D.A. is able to convince a jury that your behavior was “unreasonable” you will be found guilty. Since most of the occupants of Adams County (and Colorado in general) have NEVER read the Colorado Constitution they will never know that in our State bearing arms is perfectly legal — even if they “think it is unreasonable”. This is why I say there is “no law”. If the laws we have enshrined in our Constitution are just brushed aside so easily and trial commences how could anyone claim that we have any laws? We have the force of the State, we have the force of the Police, we have the force of Social Services, we have District Attorneys will feel obliged to back up the Police and Social Services — what we are missing is the adherence to well documented laws.
I will admit that I am shocked by lack of outrage in my community. We live in a world today where if you are charged with a crime you must be guilty of that crime. While we are surrounded by examples of government and government officials run amok we continue with our “good-faith” beliefs that our government and government officials are benevolent.
Don’t read me wrong, I am not claiming anyone in the government has malicious intentions toward me or my family. I am stating that a chain of events was put into play and no government official is willing to stand up and state the obvious: Mr. Brady was within his Constitutionally protected natural rights to hold a gun when unknown vehicles came down his driveway unexpectedly. Instead of asking me why I did not put my gun down when I realized the trailing vehicle was a Sheriff why aren’t they asking why the Sheriff and Social Services Workers didn’t stop when they saw me standing there holding my gun, why aren’t they asking why the Sheriff and Social Service Workers did not stop when they saw my four keep out signs, Why aren’t they asking why didn’t you stop and call Mr. Brady?
No, a chain of events has occurred and of course no government employee could have made an error in judgment so Mr. Brady must be a criminal and we need to destroy his family and his life.
Why didn’t I put down my gun when I saw recognized the trailing vehicle as a Sheriff? Simple, I was scared of being shot. Was that a rational fear? From what I see on the news and on the Internet I think it was a rational fear. Instead of second guessing the person in the defensive position why aren’t we second guessing the aggressors? (Because they are the benevolent government employees who never make any mistakes).
I know I am very likely to be convicted and be sentenced to jail yet I persist in my course of action to take this case to trial. Why? I still believe in the rule of law even if everyone else has given up on it. I still believe that we have fundamental rights and that those rights should not be infringed by OUR EMPLOYEES — the benevolent government workers. We reached this position in our society where the rule of law has been tossed on the dung heap of “popular opinion” largely because we do not stand for our natural rights. When you do stand for your natural rights you will find that you stand almost in isolation. Sad fact folks but this country was freed from the British Empire’s oppression by 10% of the population. Your freedoms were won for you not my the majority but by the dedicated minority.
If 10% of the rural adults in Adams County would stand by my side I would have no fear — I am guessing we are at the 0.1% level today and I am headed for a rough future.
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