#23-CM-0066, State of San Andreas v. Stelio Bathsheba

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Shaun Harper
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Re: #23-CM-0066, State of San Andreas v. Stelio Bathsheba

Post by Shaun Harper »

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San Andreas Judicial Branch

Docket Update
"EQUAL JUSTICE UNDER LAW"

  • Honorable Judge Robert Winejudge,

    The latest update from the court has been more then a month ago. The Defense agrees with the Prosecution and would like to reach a ruling soon.

    Respectfully,

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    Chief Public Defender
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    San Andreas Judicial Branch
    (909) 308-7889 — [email protected]
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Robert Winejudge
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Re: #23-CM-0066, State of San Andreas v. Stelio Bathsheba

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ISSUANCE OF VERDICT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Stelio Bathsheba
#23-CM-0066

A decision was reached in the above case on the 24th day of October 2023.


First and foremost, I'd like to apologize for the long time that it has taken to reach a verdict. ((Just under a heavy workload with Uni and a Job so this took a bit longer xoxo ))

On the 20th of April 2023, the Los Santos Police Department responded to a Department radio call about Stelio and Ronnie Bathsheba interfering with a SADOC Transport of Wolfgang Bathsheba at Pillbox Hospital. LSPD arrived at the scene and ordered Stelio and Ronnie Bathsheba to vacate the area.

After some time, the transport was cleared to proceed, however, On-scene Law Enforcement due to an investigation, ordered Stelio and Ronnie Bathsheba to comply with a frisking procedure. After multiple attempts, the defendant, Stelio Bathsheba along with Ronnie Bathsheba were arrested for GM10 - Failure to Comply.

The Prosecution asserts, that the defendant knowingly interfered with an SADOC Transport of Wolfgang Bathsheba. In his statement, they state that the defendant has said that they do not disagree that an order was given to them at the ongoing scene. They argue that a lawful order was given to assure the safety of everyone at the scene and that if the defendant was to comply with the order, and allowed himself to be detained, he would not have been charged.

The Defense argues that the defendant had a right to know the reasoning for the order that they were given. They also assert that a Correctional Officer employed by the San Andreas Department of Corrections has supported the Bathshebas on scene. Despite this, the police still tased Ronnie Bathsheba.

The main legal problem in this case is whether the officer's lawful command was lawful in this scenario. After research and consideration, the court has made the following decision:

The crime of GM10 - Failure to Comply, is defined in the penal code as ''Failure to comply with a lawful command by a law enforcement officer, including when he requests you to identify who you are during the course of an investigation.''

The Los Santos Police Department received a call from DOC requesting assistance as Stelio and Ronnie Bathsheba were interfering with the transport of Wolfgang Bathsheba at Pillbox Medical. The LSPD arrived at the scene and began an investigation, in which, they gave lawful commands to Ronnie and Stelio Bathsheba. They were not under arrest at that point, but the law still requires that they comply with an investigation, as they were not charged with anything at that moment. The Court finds that the LSPD Officer(s) on scene were acting lawfully in their investigation and Stelio Bathsheba's non-compliant behaviour reached a point where criminal charges had to be filed.

It is with the above considerations that I issue the following verdict:
  • On the count of GM10 - Failure to Comply, I find the defendant, Stelio Bathsheba, guilty.



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