Assault - Nashville: Part 2 (April 25 2009)

Discussion in 'USA - Central/Mountain' started by Anonymous, Apr 27, 2009.

  1. Anonymous Member

    Re: Assault - Nashville: Part 2

    It takes it into the Highway Patrol's turf though, doesn't it? Or do they only concern themselves with highways and cars outside incorporated areas?
  2. twistedpuppet Member

    Re: Assault - Nashville: Part 2

    THP's turf is the entire state and they aren't feds. They are state. Seriously, because the county/city is responsible for the roads within the city, it really doesn't matter that the road turns into a state highway. Main Street in my home town is in actuality a state highway. Yet they can still shut it down for a Christmas parade or for whatever reason they need to.
  3. celegar Member

    Re: Assault - Nashville: Part 2

    not gonna lie, those folks kept their cool a lot more then i would have in their situation. if in 44's position i prolly would have lashed out and maybe taken down one guard before the others got to me, but it would have been bad in all sides. however, if they were powertripping as bad as is talked about, they prolly would have drawn pistols on me after the first guy, and thats assult with a deadly weapon on them and a self defence charge on me(although im sure the scilons would try to spin it as resisting arrest/assult/attempted murder in the long run), a good probono lawer would turn that right around on the quick fast(and he'd be easy to procure with that vid evidence). and if i wasnt in 44's place, but was beside him i prolly would have still turned on the security, trying to help 44 out of that situation since thats attempting to prevent a crime.

    reguardless this is going to turn into a MASSIVE footbullet for scientology, and it would have only gotten worse if anonymous had fought back, granted it would have been worse for both sides, but the main point is that its much worse for their official organization than our unofficial collective.

    edit: to clarify, it is NEVER a good idea to fight back, never never never, because you dont know what their gonna do to you. im just stupid.
  4. Anonymous Member

    Re: Assault - Nashville: Part 2

    I know they're not the feds, and even interstates are operated by the states although they were funded with mostly federal money. Still, if the road-closure was not properly done, or if you were to call them when the MPD were so slow to show up, then the highway patrol might have more direct jurisdiction than if the crime happened on some side street.

    Another state police force, the TBI, does have jurisdiction here if public officials (like police officers) are suspected of wrongdoing.

    If the MPD fails to do their job, then it might be time to go over their heads to the highway patrol, the TBI or perhaps even the feds.
  5. Anonymous Member

    Re: Assault - Nashville: Part 2

    To be clear-

    Public works doesn't consider the closing to have been done improperly. They haven't shown any concern about the difference between the dates on the permit and the day the closure happened. If they don't have a problem then there isn't a problem. The arrest taking place outside of the closed street is an entirely separate matter and doesn't invalidate or call into question the permit or how they carried it out.

    The police response was slow. But so what? That's always a complaint about calling the cops and doesn't amount to anything. There is no guarentee of a speedy response when you call 911. Besides, a quick response wouldn't have made the tiniest bit of difference in the outcome. Calling 911 was smart and the correct thing to do, but it wasn't ever going to change anything.

    MPD has been cooperating, in so much as they've been requested to, since the incident. There is zero indication of any 'conspiracy' to cover this up or minimize the damage. When an official complaint is made then their internal affairs department will investigate. When that complaint happens and what it consists of is entirely in 44 and his lawyers hands. In the meantime the right people are aware of what happened and understand the whole sad story. When the time comes it will get fair treatment.

    Untill then lets just assume that Metro isn't full of crooked cops in bed with scientology trying to cover this up, mmm'kay? The feds will probably appreciate not being bothered over a misdemeanor on it's way to dismissal.
  6. Anonymous Member

    Re: Assault - Nashville: Part 2

    That's not what I was saying. I don't care much about the tresspassing that wasn't (T.C.A. § 39-14-406 aggravated criminal trespass, class B misdemeanor), what I'm concerned about is the class B felony of aggravated kidnapping (T.C.A. § 39-13-301) committed by the "guards", plus the possible color of law federal crime.

    That should be investigated, and if the guards were not even MPD officers, then do you know if internal affairs investigators have the jurisdiction or care enough to go after them? I'm not suggesting bothering the TBI and FBI too much, but perhaps take a phone call to them and appraise them about what has happened, and that the MPD is investigating, giving them the case number, and they can just wait and see what the MPD does. Law enforcement officers don't like stepping on each others toes, but it can be good to know that somebody cares - and if the investigation goes outside Nashville and perhaps even outside the state, then they'll have to contact each other anyway.
  7. rummychick99 Member

    Re: Assault - Nashville: Part 2

    I guess the name of the security firm is still suppose to stay under wraps.

    Let me just say this about what I found in a post on a site frequented by officers.

    The guards at the firm make over 20 an hour and that firm does hire out of county officers.

    The site does have officers who post videos from youtube. It would be quite interesting to see Victim44's video on that site if he so desires.
  8. Anonymous Member

    Re: Assault - Nashville: Part 2

    Any action will have to be civil action once the citation/trespassing issue has been resolved. 44 will have his day in court for the citation and ample opportunity to prove he was not in the wrong. Because there is already a court date pending there is nothing more to be done until such time as that matter is resolved and a course of action on a civil suit is decided. No investigation by the FBI, the TBI or any other I until after the pending case is decided.
    No off duty Nashville police were involved in the assault.
  9. twistedpuppet Member

    Re: Assault - Nashville: Part 2

    If it had been off-duty Nashville Police, I think they might have been more professional. They would want to resolve the conflict without having it escalate to arrests. It really does sound like these are private citizens who just work security. The lack of professionalism, the blatant power trip, the way they came up with chests puffed out trying to look intimidating and important; it all just screams civilian security guard.
  10. TypingChimp Member

    Re: Assault - Nashville: Part 2

    I almost typed something, but then I realized it would just be stupid speculation. Then, I realized a lot of this is stupid speculation, and I decided "Why the fuck not post?"

    Now that I've wasted a few seconds of your life that you will never get back, I wonder what the penalties for impersonating a cop are in TN. Cocks if someone else has done this already. Too lazy to check.

    "39-16-301. Criminal impersonation. —
    (a) A person commits criminal impersonation who, with intent to injure or defraud another person:
    (1) Assumes a false identity;
    (2) Pretends to be a representative of some person or organization;
    (3) Pretends to be an officer or employee of the government; or
    (4) Pretends to have a handicap or disability.
    (b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:
    (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
    (2) Causing another to believe that the person is a law enforcement officer.

    (c) (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed.
    (2) Criminal impersonation under subsection (b) is a Class A misdemeanor.
    [Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1.]

    Class A misdemeanors are subject to a maximum of 11 months, 29 days in jail and/or a fine up to $2,500.

    The shitstorm. It is coming.
  11. Anonymous Member

    Re: Assault - Nashville: Part 2

    Uhm, that's not how it works. First of all I think the prosecutor can drop the charges if new evidence comes to light. Secondly criminal charges against the guards should be tried first, and restitution to the victim can be made part of that. After the criminal case, a civil case can be brought against the companies involved, or against the guards even if they were aquitted in the criminal case. (Criminal cases have to be decided beyond reasonable doubt, civil cases rely on a preponderance of evidence.)

    MPD internal affairs do have an interest here regarding the officer who wrote the citation, as well as any other MPD officers present, but if the guards who assaulted 44 were all not MPD, but might have been officers from other counties, then a regular criminal investigation done by either the MPD or TBI seems to be in order like nao.

    These people shouldn't just get off with a little civil settlement. They should be facing jail sentences - even suspended ones, in addition to the civil case.

    If the prosecutor won't drop the case, then I agree you should wait until 44's day in court as the defendant. But after that, criminal and civil case should be looked at simultaneously.

    It's all up to 44 of course.
    Interesting question: In some states, the prosecutors prosecute felonies no matter if the victim wants them to or not. How is it in Tennessee?
  12. Anonymous Member

    Re: Assault - Nashville: Part 2

    Exactly! We should hope that the charges will be dropped, but how to proceed with 44's case is up to 44 and his atty.

    Good question! But first we have to find out who the offending "officers" were.
  13. Anonymous Member

    Re: Assault - Nashville: Part 2

    Right. I thought by deciding the course of action, you meant waiting until a civil case was decided.

    Carry on.
  14. Local Member

    Re: Assault - Nashville: Part 2

    If a crime or misconduct was committed by an MPD employee then it is first and foremost investigated by thier Internal Affairs department. If a crime was commited by Hayes in Nashville then it would be investigated by MPD first and foremost. Federal or state agencies would be involved without our notifying them- TIB reviews MPD's IA complaints. If they feel the need to they'll get involved all on their own.

    But it's unlikely. It would have be shown that the arrest was made without probable cause. Even though the arrest was made for a crime that wasn't committed if the officer had reason to believe that it was then he didn't act incorrectly by writing the citation. It just gets tossed out in court. Color of law, like most crime, requires that that the offender had intent, not simply negligence or poor judgement. Thats pretty hard to prove in this case. If he were simply mistaken, or misinformed, then he may have not done his job correctly but he didn't commit a crime either.

    Or maybe he's a corrupt sack of shit who's being paid off by the scifags. No way to tell from here. That's for metro's IA guys to figure out, and it will be.

    As for Hayes, whom we're assuming is responsible for the security guards, theres probably a lot more there. I imagine that, as part of the IA investigation, Hayes will be involved in some manner. At that point MPD might decide that Hayes fukt up hard and investigate further and pursue criminal charges. I couldn't even guess on those odds. 44 might also pursue a civil suit.

    It's all icing once the charge is dropped. The vindictive side of me would love to see Hayes get boned, dumbass gaurds in jail living on bologna sammiches and 44 get a big ol' settlement, but honestly, it wouldn't change much. If any metro police didn't know about us before, they sure do now (we were a prime topic of several morning briefings since the 25th, all 'positive'). We won't be having this kind of problem anytime in the near future.

    We'll have to earn our arrests from here on.
  15. Anonymous Member

    Re: Assault - Nashville: Part 2

    No. If there were offences committed, the cops should find out who they were.
  16. twistedpuppet Member

    Re: Assault - Nashville: Part 2

    IAWTC If I ever get arrested, I want it to be for something I actually fucking did.
  17. Anonymous Member

    Re: Assault - Nashville: Part 2

    In the course of finding that, it looks like the process you can use to bring a case to criminal court is to first report it to the police and then go to the DA and take out a warrant through their warrant screening office. I guess that's one of the ways which a case makes it into criminal court.
  18. Anonymous Member

    Re: Assault - Nashville: Part 2

    They assaulted 44 outside the area, while he was trying to leave, using excessive force, while impersonating police or at least using "police" markings contrary to law. "I didn't know I was breaking the law" is a valid defense in only a few special cases. By the same standard, any old anon can dress up in police gear and kidnap Scientologists on the street.
    Even if the guards were confused about where their area was, and who Anonymous is, the way they dealt with it may be the object of criminal investigation.
    Plus if they were mislead/confused, then the people who did the confusion/misleading may be criminally responsible. Criminal intent isn't just shown by a person saying "yeah, I meant to break the law", but also by a jury finding that the person, beyond reasonable doubt, meant to commit the crime.
    Let's not forget, also, that either the security company or CoS lied to the PWD about where the "arrest" had taken place.
    Not in Nashville, but they've had their org opening now.
    What needs to happen is that Nashville MPD, and Anonymous, brief the police forces on the locations of all the Ideal Org openings, with included photos and videos of this asssault, the assault on AnonOrange, the assaults on anons at the Valkyrie opening in London (I think we even know the names of some of the Scientologists there). In addition to briefing the police, plain clothes police officers should be among the protesters, both to watch out for any "bad" anons (probably not a real issue) and look out for security guards.
  19. T.W.C_Anon Member

    Re: Assault - Nashville: Part 2

    Your priority imho at this time is to discover who those fake cops/guards are. Not trying to tell anyone what to do or anything but I wouldn't be surprised if they turned out to be scientologists. The woman on the phone is clearly a scilon, who she was on the phone to I would like to know and personally if it was me this happened to I would be getting discovery/subpoena of her phone records to be finding out (when I went to trial). I am thinking that if the court/legal discovery process is used correctly it will be found that DM himself has involvement in this matter. (inb4itoldyouso)
  20. Anonymous Member

    Re: Assault - Nashville: Part 2

    Usually, a professional - especially a LICENSED professional - is held up to a higher standard of knowledge and action than a regular person and is more likely to be liable for the consequences of his foibles than the average Joe Citizen. This is probably in part because a licensed professional usually has to be "trained" in something and so we can assume he remembers at least the rudiments of his training. Also, we hire a professional because... well... because he's a professional and knows his stuff. If we wanted to hire an untrained John Q Public, then we wouldn't pay professional rates for a "professional".

    This is true in most professions. I don't know about law enforcement, but I'll bet it's similar there, too.

    Any lawfags in the house who can comment on this?
  21. Anonymous Member

    Re: Assault - Nashville: Part 2

    ^^^This I <3 you
  22. Elbynonamous Member

    Re: Assault - Nashville: Part 2

    LocalMudkip, have I told you that you rock my fucking socks off?

    Because you do.

    ilu. <3
  23. Local Member

    Re: Assault - Nashville: Part 2

    Yes, and have I told you what I do with those socks afterwards?
  24. twistedpuppet Member

    Re: Assault - Nashville: Part 2

    Brain hurtzez! >.<
  25. NotMike Member

    Re: Assault - Nashville: Part 2

    The biggest issue I see are private security pretending to be Nashville Police officers. I am sure that if you hand that video & the screen shots of the shirts & emblems the Nashville PD WILL find out who has been impersonating their officers & fast & shut that down.
  26. AceOfSpades Member

    Nashville assault legal discussion continued in NBC news channel 4 discussion

    [MOD EDIT: Many of the following posts have been split out from this thread about the first NBC news report about the assualt, on May 6th:
    -- ARC]

    So does this mean to all those people on the other thread who said we were doing it wrong....they just got served a nice slice of humble pie?

    Also, I'm LOVING the Tom Newton comments on the Nashville Scene.
  27. juche Member

    Re: 44 on Nashville NBC affiliate

    lol ikr
  28. twistedpuppet Member

    Re: 44 on Nashville NBC affiliate

    Yes, they get a HUGE bowl of SHUT THE FUCK UP. >XD

    I guess because it was an assault, that's the only reason they're giving us press now. Kinda sad that the old saying still applies. "If it bleeds, it leads." Also really sucks that it was 44's blood. No one should have had to get hurt before the fucking media would take notice.
  29. AceOfSpades Member

    Re: 44 on Nashville NBC affiliate

    Mainstream media is VERY cautions about tackling religious stories. They can't afford to be seen as anti-religion.

    It really does take something like this for the mainstream media to take notice and realize there's a larger story here.
  30. LilDebbie Member

    Re: 44 on Nashville NBC affiliate

    while media coverage is all well and good, DID THEY FILE A FUCKING POLICE REPORT YET?

    as you know, if it isn't in writing and filed with the proper authorities, it didn't happen.
  31. cubby Member

    Re: 44 on Nashville NBC affiliate

    aw, butthurt is SO kawaii ^________^
  32. Joe Blitz Member

    Re: 44 on Nashville NBC affiliate

    This Week in History - "ON THIS DAY IN 1970: Four Kent State students are killed and nine wounded by Ohio National Guard troops during a campus protest." Sadly, injury always bumps a cause.
  33. twistedpuppet Member

    Re: 44 on Nashville NBC affiliate

    Yeah, but it still sucks that someone had to get hurt.
  34. AceOfSpades Member

    Re: 44 on Nashville NBC affiliate

    He has a lawdog on his side, all legal aspects have been taken care of.
  35. qwertyuiop1 Member

    Re: 44 on Nashville NBC affiliate

    Thats not the type of day you want in court - put them on the defensive. A good defense is a strong offense.
  36. Anonymous Member

    Re: 44 on Nashville NBC affiliate

    The atty has it all under control, thanks!
  37. AceOfSpades Member

    Re: 44 on Nashville NBC affiliate

    The lawyer has taken care of this.
  38. Anonymous Member

    Re: 44 on Nashville NBC affiliate

    The attorney is aware of the types of dirty tricks that may be pulled against him/her/it, I hope?
  39. AnotherMrPink Member

    Re: 44 on Nashville NBC affiliate

    All the lawyer needs:

    "If the Mask don't fit; you must acquit!"
  40. AceOfSpades Member

    Re: 44 on Nashville NBC affiliate

    Can't speak on that cause I'm not sure.

    Though I'm sure 44 has briefed him on what may happen and what kinds of things they may try to say.

    However, with pics, video, and other backing evidence, the burden of proof pretty much falls on them now.

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