Another update to the docket:
11-07-2011 STATE'S MOTION TO AMEND CRIMINAL COMPLAINT. FILED BY PROSECUTOR JENNIFER FITZSIMMONS
Doesn't show what she amended the complaint to... wonder if it was "loitering" or something....
Doesn't matter where he was as long as they did not see him violating any laws. Doesn't matter how bad the neighborhood was or what kind of people may or may not be out at that time of night. They were just fishing because they did not actually see any laws violated.I haven't read this entire thread (need to do office work ), so perhaps this has already been discussed. I agree that the officer was out of line and should face stiff consequences. But, my first thought at the beginning of the video was that this guy was in a situation that he really didn't need to be. Not casting moral judgement, but let's face it- he was in a bad looking area, at night, with a women standing outside his car. From the perspective of the officers, they have seen this situation countless times... Men, we need to think more often with our "big head" rather than the other one .
I am all for the right to carry, and that certainly was violated. However I would say that the citizen put himself in this difficult spot. I wonder if the officers would have reacted the same way if it were a nice neighborhood and the man was helping someone change a flat tire?
I don't know if you have ever used a GPS much, but they don't know the good neighborhoods from the bad ones. I found myself in a bad situation once while in Memphis Tn while trying to get back to my hotel, I can see how it could have ended up much like that has the circumstances been just a little different. There is absolutely no excuse for that officers behavior. He should "catch a felony" for that. Or worse.I haven't read this entire thread (need to do office work ), so perhaps this has already been discussed. I agree that the officer was out of line and should face stiff consequences. But, my first thought at the beginning of the video was that this guy was in a situation that he really didn't need to be. Not casting moral judgement, but let's face it- he was in a bad looking area, at night, with a women standing outside his car. From the perspective of the officers, they have seen this situation countless times... Men, we need to think more often with our "big head" rather than the other one .
I am all for the right to carry, and that certainly was violated. However I would say that the citizen put himself in this difficult spot. I wonder if the officers would have reacted the same way if it were a nice neighborhood and the man was helping someone change a flat tire?
Did the police even ID her that night? Are we trusting the veracity of Officer Harless to identify suspects without confirming their ID. I thought he summarily dismissed her from the scene once he focused his attention on Bartlett.The woman that was with him was arrested last week during some sort of drug sweep. My gut tells me they have turned her and are adding a "patronizing a hooker" or some such charge.
Trying to amend up 2 days before trial is a shaky proposition in Indiana depending on notice and prior delays. I don't know about Ohio.
Best,
Joe
While I agree that the guy made some choices I would not have made, it doesn't matter if he had just finished trading crack to a prostitute for sex. The officer's reaction was so far beyond the realm of sanity and stability that it is - completely independent of the criminal actions (if any) of the CCW holder - well deserving of punishment (as you point out).I agree that the officer was out of line and should face stiff consequences. But, my first thought at the beginning of the video was that this guy was in a situation that he really didn't need to be.
Yes, if he were a civilian most assuredly.Admittedly, I try to avoid the criminal justice system as much as possible. But it would appear to me that Officer 1 may have violated a number of laws.
Wouldn't the video be probable cause for arrest?
Is it possible William tried to hand officer Harless his license and officer Harless refused it? Diels couldn't answer this.
Defense attempts to introduce evidence but the prosecutor objects. It is believed that this is the police report. There appears to be a debate over if its admissible. The judge allows the evidence, defense exhibit A. It is identified by Diels as a concealed carry weapon complaint signed and sworn to under oath by both Diels and Harless.
The complaint states that the weapon was not discovered until AFTER the pat down search of the defendant and that the defendant didn't identify that he was licensed until AFTER this pat down search and the discovery of the weapon occurred. Diels admits on the stand that the criminal complaint is not truthful. (The criminal complaint doesn't properly identify what took place on the video and makes it sound like Bartlett never identified)