Rural Justice - Colorado

http://ruraljustice.com/

On July 11th, 2008 I was arrested for one count of Felony assault on a Police Officer
with a deadly weapon and two counts of Felony Menacing. I now face trial on August
10th, 2009 in the Adams County Justice Center (Brighton, CO) and face a mandatory
minimum sentence of 10 years for the Felony assault charge alone.

The events leading up to this arrest include an Adams County Sheriff's Deputy and two
Social Service Workers entering onto our property on July 10th, 2008 passing FOUR
"Keep Out" signs on their way. At first, I did not know who was in the two cars racing
down our long, one quarter mile rural driveway, I just knew that based on the threats
my wife and I had received earlier in the day (and earlier in the week) that I felt
threatened and I grabbed my shotgun and stood in the middle of our driveway to stop
the approaching vehicles.

Since I have had prior cause to become interested in Colorado Law (We have a private
toll road company threatening to use eminent domain to take our property) I knew
that I was taking a reasonable defensive action and that I was protected in my actions.

Colorado Constitution: Article II, Section 13 -

Right to bear arms. The right of no person to keep and bear arms in
defense of his home, person and property, or in aid of the civil power when
thereto legally summoned, shall be called in question; but nothing herein
contained shall be construed to justify the practice of carrying concealed
weapons.

Colorado Revised Statutes: 18 - 1 - 706

A person is justified in using reasonable and appropriate physical force upon
another person when and to the extent that he reasonably believes it
necessary to prevent what he reasonably believes to be an attempt by the
other person to commit theft, criminal mischief, or criminal tampering
involving property, but he may use deadly physical force under these
circumstances only in defense of himself or another as described in section
18-1-704.

There are other protections in the Colorado Constitution and Colorado Revised
Statutes against trespassers. I knew that taking defense steps to protect myself,
our property, our family and our home are inalienable rights and duties that could
not be set aside.

It was fortunate (?) that I was outside preparing the BBQ for the evening meal when I
noticed two cars driving at aggressive and reckless speeds down our driveway. The
first car was a white compact or sub-compact vehicle, the second was what looked like
a pickup truck with a camper shell. Since I did not recognize either vehicle and their
approach was unexpected and potentially dangerous to the kids and animals I was
immediately concerned. When I emerged from my shed with my shotgun I held the gun
high above my head within my right hand so that the approaching occupants of the
vehicles would be able to easily see. (The vehicles continued on their approach). I
placed myself in the middle of my driveway, next to our house deep within our
properties borders, and held the shotgun with two hands across my body with the gun
barrel angled up and to the left (in a safe position, not pointing at anyone). The
vehicles continued on their approach and the first vehicle stopped about five feet in
front of where I was standing. The vehicle contained two occupants, both female. The
second vehicle stopped 10 to 20 feet behind the first. At this point I could see that the
second vehicle was the Adams County Sheriff.

The Sheriff's Deputy then opened his drivers side door and while standing on the
floorboard of his truck leaned out behind his opened door. I immediately asked him if
he had a warrant. The Deputy responded: "No". I immediately knew that the Deputy or
occupants of the first car had no business with me or anyone living at our home so I
told him: "You are trespassing, leave immediately". The Deputy told me he was on
official business. I knew that he could not have been on official business as he had no
warrant so I told him again: "You are trespassing, leave". The Deputy attempted to
engage me in conversation and debate by asking me "What are you afraid of". My
response was, "You are trespassing, leave." The Deputy again attempted to inform me
that he was on official business and my response was consistent: "You are
trespassing, leave". After some minutes the Deputy finally understood that I was not
going to debate with him but that I was going to assert my rights and protect my
property, my family, my home and myself. The Deputy then asked if both cars could
pull forward and turn around. My response was "No, backup" (There was no exit to our
property by pulling forward and with our own cars parked at the end of our driveway
there was no room to turn around).

The Deputy backed up first, then backed into our field to execute a "Y" turn around. As
soon as the Deputy began to backup I moved from in front of the first car into our field
(at 90 degrees from the first car) and placed myself in a position to avoid being shot
by the Deputy. Both cars then left.

I immediately called 911 and attempted to file a trespassing complaint. The 911
operator had the Sgt. on duty call me back. The Sgt. on duty refused to take my
trespassing complaint; I asked three times and each time the Sgt. refused to take the
complaint. I informed the Sgt. that if they were planning on coming back out onto our
property it would be a good idea to call first as it was getting dark, I would protect my
property and I did not want anyone (my family, myself, or the Deputies) getting hurt.
The Sgt. informed me that this matter would be settled in court and then hung up the
phone. I filed a written complaint with the Adams County Sheriff's Internal Affairs
division later that night (early the next morning). We immediately moved our children
to a friend's home as we believed that at any moment a SWAT team would invade our
property. From that point forward I did not see my youngest children for a few months.

The next day my wife and I were tricked into coming into the Brighton office of the
Adams County Sheriff by telling us that the officer was out of control and they needed
some sworn statement to take effective action. The minute I stepped into the Brighton
Office I was arrested and charged with the felonies listed above. I was moved into the
County jail and my wife and friends worked together to bail me out early the next
morning.

The 4th amendment to the U.S. Constitution States:

Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

Article II, Section 7 of the Colorado Constitution reaffirms this natural right:

Security of person and property ­ searches ­ seizures ­ warrants. The people
shall be secure in their persons, papers, homes and effects, from
unreasonable searches and seizures; and no warrant to search any place or
seize any person or things shall issue without describing the place to be
searched, or the person or thing to be seized, as near as may be, nor without
probable cause, supported by oath or affirmation reduced to writing.

It is important to protect and assert our Bill of Rights, both of the U.S. Constitution and
the Colorado Constitution. Without these fundamental rights we would live in a
dictatorship or a fascist state or some other form of government that is opposed to
free people. The concept that a police officer may come onto your property, anytime
they choose, search you, ask you questions is directly opposed to our form of
government. There are processes in place to provide the Police with the necessary
authority to require you to address their questions or provide for lawful searches.
Without accessing these lawful processes the police organizations debase themselves
to common criminals independent of their intentions.

This site is dedicated to documenting the abuse of power of the Adams County
Sheriff's Department and the Adams County Social Service Department. Of course this
abuse of power would have no teeth if not for the support of the Adams County District
Attorney's office.

As with any situation there are at least two sides to any event. There are complexities
of personal perspectives and multiple interpretations of laws. I have attempted to be
as honest as humanly possible and relay my perspective without degrading into
attacks upon the Adams County Officials. I view this situation as not only a personal
test of my integrity (not to mention my personal freedom from incarceration) but as an
opportunity to help educate our County Officials so that these same forms of abuses
are not suffered by more members of our community.

I am not a violent person as my criminal history clearly demonstrates. On the other
hand, I am not a sheep who would allow himself or his family to be placed in jeopardy
in any way if my actions could prevent it. When I am confronted with strange vehicles
racing down our long rural driveway I hope that I will always prepare myself to protect
my family. As is documented by the Sheriff's Deputy as well as the Social Service
Workers I never pointed my gun at anyone or verbally threatened anyone. I simply
stood my ground and asserted my rights. I remained calm and dealt with the challenge
directly without yielding any of our rights.

Unfortunately, and apparently, when you are on your own property in Adams County
Colorado you are no longer protected by the Colorado Constitution or the Constitution
of the United States. While it would be easier and less expensive to simply accept the
District Attorney's plea bargain, I simply am unable to follow that path. I did nothing
wrong, I was absolutely in alignment with Constitutional Law and State Statutory law
with my actions. Although I was arrested, jailed and financially brutalized through legal
expenses and consequently I have had a pretty bad year, I honestly do not think I
would change my response today if confronted by an identical situation (Although, I
will definitely add video recording to any future events!). I placed myself in front of on
coming cars that could have delivered serious bodily injury, I took this action to protect
my family.

I hope you take some time to review this site. I suspect that my experiences are not
uncommon and that my research and "adventure" might prove useful to others. You
might also decided that you would like to take a stand for the rule of law and help
return Colorado, or your State, back to the firm foundation of our Constitutions. The
situation I now face is not some "freak occurrence" but rather the manifestation of our
County Official's shift in perspective toward "We The People". I dare say this "shift" is
not localized to County Officials alone and is rather developed through "trickle down"
processes from the Federal Government. This direct attack on Private Property Rights,
Private Protection Rights (Gun Rights) is focused on me for the moment. However, at
any time the new Police State may shift their attention to you or your family as their
philosophy is that of the authoritarian compliance and submission.

Obviously, I could use some help. And while financial donations are desperately
needed to help fund my legal defense I do understand that we are all locked down in a
stagnant economy and excess funds are non-existent. I could use help calling County
and State Officials, Help developing this web site, Help researching the laws and prior
cases, Help developing trial strategy, Help asking for help..... And a short prayer for a
just outcome for this case and the protection of my family is also needed and greatly
appreciated.

While I have retained an attorney, since I have had no prior criminal challenges, I have
no idea if my attorney is any good or not. In fact, I have learned that I will likely only
know AFTER the trial if my attorney is an excellent advocate. My experience with the
criminal Justice System over this last year is that it is a "meat grinder" with very little to
no focus on "justice" and is more focused on "process" then the "practice of law".

Honestly, I have no optimism for a fair outcome at trial. I have resigned myself to the
fact that I will likely spend at least the next 10 years in prison. And while that concept
is personally frightening I am more concerned with how my family will be negatively
impacted in that time period without my assistance, as I am the sole source of income
for our family. Yet, to give into the pressures of the State through a plea bargain is
more unacceptable. I would simply reinforce the local Tyranny and potentially subject
more people than just my children to escalating abuses by both the Adams County
Sheriff's Department and the Adams County Social Services Department. Someone has
to stand up and say "NO", "No More". We are a land of laws that apply equally to all
People, the Police and Social Service Workers do not represent a special protected
class.

While my idealism is the antithesis of pragmatism and I am old enough to realize that
our world functions in opposition to the idealist, I am also reminded of a couple of
quotes from Thomas Jefferson:

"The tree of liberty must be refreshed from time to time with the blood of patriots
and tyrants. It is it's natural manure."

"The last hope of human liberty in this world rests on us. We ought, for so dear a
state to sacrifice every attachment and every enmity."

It appears to me that it is my turn to feed the tree of liberty and I should not back away
from such an important honor, for fear that others will find it easier to seek their
comforts through licking the slave masters boots then to protect liberty for our
posterity. "Go along to get along" is surely the slippery slope that our present nation is
confronted with; the ultimate destination clearly mapped: Despotism. While I am
average in every meaning of the word, I was raised to acknowledge that a single
person is able to make a difference, and it is every persons responsibility to try to be
the change they want to see in the world. (Twisted form of the famous quotes from
John F. Kennedy & Mahatma Gandhi).

Feel free to contact me at: NoJustice@KrakatoaRanch.com