#24-CM-0029, State of San Andreas v. Wolfgang Bathsheba

[David Vespucci]

Defendant Name: Wolfgang Bathsheba
Defendant Phone: 572-1219
Defendant Address: 67 and 68 Route 68
(( Defendant Discord: jellyfaun ))
Requested Attorney: N/A

Charging Department: LSSD

Date & Time of Incident(s): 13/01/2024 23:18
Charge(s):

• GM02 - Battery of a Gov. Employee
• GM04 - Resisting Arrest

Narrative:
I David Coast, Junior Defense Attorney with the Judicial Branch will be writing the narrative for the defendant as he has difficulty reading and writing. I will write for the defendant.

I got out of DOC, and I heard Stelio just went in; so I went in to go and see him and entered the rooms behind the desk. They said "Wolfgang you gotta get outta here" and pointed a gun at me. When he pointed the gun I tried running back to get out. John Kemp walked into the room and I tried to move but he tased me twice, while I had the gun pointed at me. This made me panic so I ran away and hid in a bush they chased and yelled at me to get out of the bush, however, they said it sarcastically. When they were laughing I moved away and hid in another bush, they came round the corner with a car full of people, they started yelling at me and trying to tackle me. With all the stress and stuff going on, I blacked out. I only remember them slamming me to the ground and handcuffing me. They took off my head and left it off for a long time which made me urinate myself. I'm sick of them not having any compassion and laughing at me. During the entire time, they didn't mirandize me.

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I, David Coast, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))

[Mary Burrows]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Stelio Bathsheba

A Notification of Counsel was filed in the above case on the 17th of January, 2023.

I, Mary Burrows, Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Public Defense Attorney
Notary Clerk
Training and Hiring Staff
San Andreas Judicial Branch
(909) 339-5979 — [email protected]

[Robert Winejudge]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF RECEIPT

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

The court has hereby received and acknowledged the above case on the 18th of January, 2024.

The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.



Superior Court Judge
San Andreas Judicial Branch
(909) 372-4223 — [email protected]

[Hope Kant]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on 18/JAN/2023.

I, Hope Kant, Attorney General of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 321-2132 — [email protected]

[David Vespucci]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on the 25/JAN/2024

I, David Coast, a Junior Public Defense Attorney with the San Andreas Judicial Branch, will be representing The Defendant, Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Co-Council and will await further instruction from the Presiding Judge.


Junior Defense Attorney
San Andreas Judicial Branch
(909) 593-1338— [email protected]

[Wolfgang Bathsheba]

WHEN AMS COURT CASE BE?!

[Al Triton]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on the 29th of May, 2024.

I, Al Triton, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Wolfgang Bathsheba, in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Al Triton
Public Defense Attorney
San Andreas Judicial Branch
(909) 318-8168 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF ACTIVATION

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A Notice of Activation was entered in the above case on the 29th of June, 2024.

The case of the State of San Andreas v. Wolfgang Bathsheba is hereby activated by this Court under #24-CM-0029.

Both the State and Defendant have adequate representation in the case, as such, immediately following this notice, the Presiding Judge will be filing the Order for Discovery.

In accordance with guidelines set forth by the Supreme Court of San Andreas, this case shall require an in-person trial. Once all pretrial matters have been resolved, a Notice of Scheduling will be issued to arrange an appropriate time for trial.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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ORDER FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A court order was entered in the above case on the 29th of June, 2024.

The case of #24-CM-0029, State of San Andreas v. Wolfgang Bathsheba is hereby opened and acknowledged by the Court.

The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.




Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Hope Kant]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0029

A Motion for Discovery was filed in the above case on the 29th of June, 2024.

The State of San Andreas by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;

• Exhibit #1: Arrest Report - Wolfgang Bathsheba 13/JAN/24

  

  ARREST REPORT
  

  MUGSHOT

  SUSPECT 1 DETAILS

  • 
    
    
    Full Name: Wolfgang Bathsheba
    Telephone Number: 5721219
    Licenses Revoked: No
    Charges:
    • GM04 - Resisting Arrest
    • GM02 - Battery of a Gov. employee
    
    
    Additional Details (Suspect's vehicle, etc.) :
    N/A

  
  
  VEHICLES INVOLVED

  • Vehicle A:

  
  
  DEPUTY DETAILS

  • Full Name: Zero Hunter
    Badge Number: 20174
    Callsign: 3-Z-2

  
  
  INCIDENT DETAILS

  • Date of Arrest: 2024-01-13
    Deputies Involved: John Kemp, Oscar Black
    
    Provide details of the incident leading up to the arrest
    • I was asked by Sheriff Kemp to assist at DOC as a 10-70 and told to search around for Wolfgang as they were hiding. We thought we found him in the bushes at a certain location and asked for him to step out of the bush numerous times. I do not know why but I was just told to assist so I did. Wolfgang seemed to have managed to move bushes and went and hid in another one where he was found again. Wolfgang was growling and hiding in the bush, getting louder as we got closer so I tackled the bush in an attempt to detain them. They resisted and I had to use more force to eventually get cuffs on Wolfgang. During this time Wolfgang was visibly not happy and decided to bite me and tried to beat me up. This was when Captain Oscar Black hit them with a Baton and knocked them down. MD was instantly called and helped us transport Wolfgang to Pillbox where I picked them up and dropped them back off at DOC where DOC took over the processing. Wolfgang did seem to be upset when we took his mask off his person but we double-checked there were no MD prescriptions saying this was a necessity and Kemp followed our departmental protocols by taking it and placing it in Wolfgang's locker. We then all cleared from DOC.

  
  EVIDENCE DETAILS

  • Location of Evidence Locker: Sandy Station
    Exhibit A:

  
  
  ARRESTING DEPUTY SIGNATURE
  
  

  ---

  
  Exhibit #2: Witness Statement - Assistant Sheriff John Kemp

  

  

  
  San Andreas Judicial Branch
  Official Witness Statement
  "HERE FOR YOU | SAFE FOR YOU"

  Case Information

  • Case Number: N/A
    Incident Date: 13/JAN/2024

  Witness Information

  • Name: John Kemp
    Date of Birth: 03/APR/1992
    Phone Number: 5135191
    Occupation: Law Enforcement Officer

  Witness Statement

  • On 13/JAN/2024, Captain Oscar Black and I were at DOC when we noticed that Wolfgang was running around inside and a DOC guard was pointing a taser at him, ordering him to stop. Wolfgang was all over the place causing chaos, running around and screaming as usual. I instantly reached for my taser and informed him to stop, however, he did not which then led me to utilize my taser and informed them to handcuff him. At this point, I was then informed by the DOC guard that they wanted him to leave and nothing else. With this knowledge, we opened the door and he was on his way. However, when we went outside, Wolfgang could be heard growling and barking inside a bush. Every time we came closer to the bush, he started growling louder and louder. At this point, I called for Lieutenant Zero Hunter, as he is the CO of K9, to come and try to calm him down. Lieutenant Hunter kept trying, but every time he got close to the bush, Wolfgang would growl louder and Lieutenant Hunter would back off.
    
    After a while of unsuccessful attempts to lure Wolfgang out of the bush, we noticed that he wasn't there anymore. Knowing that he was growling at people we tried to find him to calm him down, however, once we did, he started growling even louder. At this point, we had no choice but to detain him and I informed Lieutenant Hunter to tackle him inside the bush. Lieutenant Hunter went in and managed to tackle him but Wolfgang started biting him and ran out, and started biting Deputy Brian Bentley. At this point, Captain Oscar Black took out his baton and started hitting Wolfgang with it to stop him from hurting any more deputies. We then proceeded to call MD and managed to put Wolfgang in handcuffs while following all departmental booking and custody protocols. Wolfgang's mask can be found in our evidence lockers at Sandy Station.
    
    Reason for charges:
    GM02 - Battery of a Gov. employee: Biting both Lieutenant Zero Hunter and Deputy Brian Bentley
    GM04 - Resisting Arrest: Growling and trying to wiggle away from being cuffed during the arrest.

  Witness Affirmation

  • I, John Kemp, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
    
    Signed,
    
    
    Assistant Sheriff John Kemp,
    Sheriff's Investigations Bureau
    Los Santos County Sheriff's Department
    Date: 22/JAN/2024

  
  Exhibit #3: Witness Statement - Captain Oscar Black

  

  

  
  San Andreas Judicial Branch
  Official Witness Statement
  "HERE FOR YOU | SAFE FOR YOU"

  Case Information

  • Case Number: Not applicable.
    Incident Date: 13th of January, 2024

  Witness Information

  • Name: Oscar Black
    Date of Birth: 23rd of January, 2024
    Phone Number: 299-1811
    Occupation: Captain, Los Santos County Sheriff's Department

  Witness Statement

  • I arrived at SADOC with Assistant Sheriff John Kemp and assisted correctional officers as the suspect was trespassing and being a general nuisance. They ran out and went into the bushes where I kept trying to find them, and was met with a growling furry. Lieutenant Zero Hunter arrived, and went inside the bush, trying to lure the furry out.
    
    Unfortunately for Lieutenant Hunter, the furry bit him as he entered the bush, leaving a mark on his arm, and did the same for Deputy Sheriff I Brian Bentley. The furry came out, so I beat it down with my baton as it approached me and Assistant Sheriff Kemp. The LSEMS was contacted by myself, and Lieutenant Hunter treated the furry. I kneeled after calling the LSEMS and removed the mask from the furry, however, it kept resisting over and over. They were then shortly transported to Pillbox MD where it was treated and transported back to SADOC.

  Witness Affirmation

  • I, Oscar Black, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
    
    Best regards,
    
    Captain Oscar Black
    Commanding Officer, Internal Affairs Division
    Date: 23rd of January, 2024

  
  Exhibit #4: SADOC CCTV

  ((RP Proof))

  
  
  
  

  
  
  
  
  
  
  
  
  
  Exhibit #5: Zero Hunter Body camera footage

  ((RP Proof))

  

  

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Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 321-2132 — [email protected]

[Hope Kant]

San Andreas Judicial Branch Docket Notice "HERE FOR YOU | SAFE FOR YOU"

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• Honorable Judge Daniels and pertaining parties,
  
  Please let this serve as a notice to the courts that the prosecution no longer requires the rest of the discovery period. We are ready for the defense to review and respond within the given time. We await further instruction from the Judge.
  
  Respectfully,
  
  
  Attorney General
  Acting Director of Training
  Director of Human Resources
  Director of Public Notary
  San Andreas Judicial Branch
  (909) 505-9925 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Re: #24-CM-0029, State of San Andreas v. Wolfgang Bathsheba
"EQUAL JUSTICE UNDER LAW"

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• Parties,
  
  Given that it has now been 96 hours since the Prosecution has filed their discovery and indicated they are ready for the Defense to file motions I will be giving the Defense a remaining 72 hours to file any motions or inform the court they do not wish to file any. At that point if no motions are filed I will be looking to move to schedule trial in this case.
  
  Respectfully,
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

[Terence Williams]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on 04/JUL/2024.

I, Terence Williams, a Prosecuting Attorney of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel, with Attorney General Kant staying on as Co-Counsel, and will await further instruction from the Presiding Judge.


Terence Williams
Prosecuting Attorney
San Andreas Judicial Branch
(909) 234-9321 — [email protected]

[Lynn Kilgore]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION TO STAY PENDING ASSIGNMENT OF ATTORNEY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A Motion to Stay Pending Assignment of a New Attorney was filed in the above case on the Fifth of July, 2024.

The Public Defense Division, filed this Motion to Stay Pending Assignment of a New Attorney, and the reasoning for request is as follows;

• Reasoning: The current counsel has resigned, as such we request proceedings be paused until a new attorney can be assigned and have time to familiarize themself with case. Upon assignment we would request the new attorney be allowed at least 96 hours to file any remaining motions.

Lynn Kilgore
Senior Paralegal
San Andreas Judicial Branch
(909) 558-9617 — [email protected]

[Izaak Scott]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A Notification of Counsel was filed in the above case on the 06/06/2024.

I, Izaak Scott, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the defendant, Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge. Please allow me 72 hours to get upto speed with the case.


Public Defense Attorney
San Andreas Judicial Branch
(909) 411-2330 — [email protected]

[Izaak Scott]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A Motion for Discovery was filed in the above case on the 06/06/2024.

Defendant, Wolfgang Bathsheba, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;

• Exhibit #6: Picture of Mask
  Exhibit #6: Picture of Mask

  ((RP Proof))

  

  
  

Public Defense Attorney
San Andreas Judicial Branch
(909) 411-2330 — [email protected]

[Boris Blazkowicz]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on the 08 of July, 2024.

I, Boris Blazkowicz, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant(s), Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.



Jnr Defense Attorney
San Andreas Judicial Branch
(909) 231-4293 — [email protected]

[Izaak Scott]

San Andreas Judicial Branch
Public Defense Division
"EQUAL JUSTICE UNDER LAW"

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• Whom it may concern,
  
  We, the defense, are ready to move to trial.
  
  
  
  Public Defense Attorney
  San Andreas Judicial Branch
  (909) 411-2330 — [email protected]

[Terence Williams]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION TO AMEND

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A Motion to Amend was filed in the above case on the 10th of July, 2024.

The State of San Andreas, by and through the undersigned attorney, filed this Motion to Amend, the original charges with the underlined amended charges.

• Original Charges
  • GM02 - Battery of a Gov. Employee
  • GM04 - Resisting Arrest

• Amended Charges
  • GM02 - Battery of a Government Employee
  • GM04 - Resisting Arrest
  • NM06 - Trespassing of a Government Employee

• Detailed Explanation: It is clear from the evidence that the defendant forcefully and unlawfully made entry into the secure processing area of DOC through the lobby by pushing past a Correctional Officer.

Terence Williams
Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 234-9321 — [email protected]

Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 321-2132 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF SCHEDULING

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

An attempt to schedule was made and recorded by the court on the 14th of July, 2024.

All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

If either party has the intentions of calling a witness to the stand during the proceeding they must inform the court by filing a Witness List at the time of filing their availability. If no Witness List is filed before the Notice of Trial is filed you will be unable to call a witness during the proceeding.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF TRIAL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A trial date was set on the above case on the 16th of July, 2024.

In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 8:00PM on the 17th of July, 2024 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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ISSUANCE OF VERDICT

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#24-CM-0029

A decision was reached in the above case on the 17th day of July, 2024.

This case involves the defendant, Wolfgang Bathsheba, charged with GM02 - Battery of a Government Employee, GM04 - Resisting Arrest, and NM06 - Trespassing of a Government Employee. The evidence presented includes arrest reports and statements from Lieutenant Zero Hunter, Sheriff John Kemp, and Captain Oscar Black. After careful consideration of the evidence and the testimonies provided, the court issues the following verdict.

On January 13, 2024, Wolfgang Bathsheba was observed causing a disturbance at the Department of Corrections. Initially spotted by DOC guards, Wolfgang did not comply with orders to stop, leading to the use of a taser. Sheriff John Kemp and Captain Oscar Black were present and engaged in efforts to control the situation. Wolfgang was seen running around, causing chaos, and screaming. When ordered to stop, he did not comply, resulting in the use of a taser. Wolfgang then hid in bushes and exhibited aggressive behavior by growling and barking.

Lieutenant Zero Hunter, specializing in K9 units, was called to assist in calming and detaining Wolfgang. Despite repeated efforts, Wolfgang continued to growl and resist being lured out of the bushes. During the attempt to detain him, Wolfgang bit Lieutenant Hunter and Deputy Brian Bentley. Due to Wolfgang's resistance and aggression, Captain Black used a baton to subdue him. Following the use of force, Wolfgang was handcuffed and transported to medical facilities for treatment before being returned to DOC custody.

The evidence and testimony from the defendant himself confirms that Wolfgang Bathsheba bit Lieutenant Zero Hunter and Deputy Brian Bentley during the incident, constituting physical assault and justifying the charge of GM02 - Battery of a Government Employee. Wolfgang’s actions, including growling, hiding, and attempting to evade capture, demonstrate clear resistance to lawful arrest. The persistent defiance and physical struggle further support the charge of GM04 - Resisting Arrest.

Regarding the charge NM06 - Trespassing of a Government Employee, the court finds that the evidence does not sufficiently support this accusation. The only mention of Wolfgang being asked to leave is a brief statement in Exhibit #2, where Sheriff Kemp notes, "I was then informed by the DOC guard that they wanted him to leave and nothing else." There is no direct evidence or testimony indicating that Wolfgang was explicitly and clearly instructed to leave the premises by the DOC guard or any other authority figure. This lack of clear communication and documented instruction to vacate the premises means that the element of willful trespassing is not sufficiently proven.

It is with the above considerations that I issue the following verdict:

• On the count of GM02 - Battery of a Government Employee, I find the defendant, Wolfgang Bathsheb, guilty.
• On the count of GM04 - Resisting Arrest, I find the defendant, Wolfgang Bathsheb, guilty.
• On the count of NM06 - Trespassing of a Government Employee, I find the defendant, Wolfgang Bathsheb, not guilty.

Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Antonio McFornell]

San Andreas Judicial Branch
San Andreas Court of Appeals
"EQUAL JUSTICE UNDER LAW"

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• Parties,
  
  On the 20th of July, 2024, the Prosecution filed an Appeal after Justice Daniels adopted a verdict on this case, particularly requesting the decision regarding NM06 to be overturned. Attached to this notice you will find the decision adopted by the Court of Appeals, which is of relevance to this case.
  
  Court of Appeals Conclusion

  

  

  
  
  San Andreas Judicial Branch
  San Andreas Court of Appeals
  "EQUAL JUSTICE UNDER LAW"

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  COURT DECISION

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  IN THE SAN ANDREAS COURT OF APPEALS
  
  State of San Andreas v. Wolfgang Bathsheba
  #24-AP-0006
  
  A decision was reached in the above case on the 17th day of November, 2024.

  
  
  The Court of Appeals must decide on the Office of the Attorney General's appeal of Justice Daniels' verdict acquitting the defendant, Wolfgang Bathsheba, of the charge of NM06 - Trespassing of a Government Employee.
  
  The prosecution's appeal primarily rests on the contention that Judge Daniels erroneously focused on the "remaining" element of trespassing while ignoring the "knowingly entering" component of the charge as described in our Penal Code. Specifically, the Prosecution argued that Justice Daniels' examination of the case focused on Mr. Bathsheba being requested to move out of a specific location and complying, and not the fact that he should not have allegedly been there in the first place.
  
  To the Court of Appeals, the prosecution's emphasis on the "knowingly entering" element in this particular case requires clear evidence of the defendant's mental state at the time of entry. The records, exhibits and overall evidence presented during the pre-trial and trial proceedings presents an individual whose behavior and demeanor suggest a marked lack of situational awareness and general comprehension. The evidence indicates erratic conduct and confusion rather than the deliberate, knowing entry that the Penal Code requires. To sustain a conviction under NM06, the State must prove beyond a reasonable doubt that Mr. Bathsheba understood he was entering a restricted area - a burden that cannot be met by merely establishing his physical presence in the location in this specific situation.
  
  Second, we must address a serious procedural defect in the appeal: The prosecution has attempted to introduce new evidence, specifically photographs of warning signs and access restrictions, that were not presented at trial. This was properly pointed out by the Defense and the Court of Appeals determines that this violates our established appellate procedures, which limit our review to the evidence properly admitted in the trial court and only then, when it has been unproperly examined, which is not the case either. The introduction of new evidence is appropriate only in superior court proceedings, not in appellate review.
  
  Finally, examining the totality of evidence properly before us, this Court cannot reasonably conclude that Mr. Bathsheba knowingly entered an off-limits area within the description of NM06. While his presence in the secure processing area for brief moments is undisputed, the evidence suggests that his comprehension of his surroundings and the restrictions thereon was severely limited. The only clearly established fact is that when asked to leave, he complied promptly - hence why at the time, the arresting department did not pursue said charge. It is the belief of the Court of Appeals that the arresting officer has enough agency to determine which charges not to reasonably pursue, which they did excercise, and the Office of the Attorney General ignored that prerrogative granted to the arresting law enforcement officer when presenting their Motion to Amend.
  
  With the above considerations in mind, to the Court of Appeals, Justice Daniels' verdict reflects a careful analysis of the evidence presented at trial and a proper application of the law. His focus on the "remaining" element was appropriate given the evidence before him, and his conclusion that the State failed to meet its burden of proof was well-reasoned taking the aforementioned points into account. That is why, after careful review of the trial proceedings and the arguments presented herein by the Prosecution and the Defense, the Court of Appeals affirms the verdict adopted by Justice Colt Daniels within the Superior Court.
  
  So ordered,
  
  Associate Justice
  Supreme Court of San Andreas
  San Andreas Judicial Branch
  (909) 553-8869 — [email protected]
  

  

  Best regards,
  
  
  Associate Justice
  Supreme Court of San Andreas
  San Andreas Judicial Branch
  (909) 553-8869 — [email protected]