Eclipse Government

Defendant Name: Mike Bartowski
Defendant Phone: 5966401
Defendant Address: N/A
(( Defendant Discord: feedmeee#5604))
Requested Attorney: Public Defense Attorney Tony McFornell

Charging Department: LSSD

Time & Date of Incident(s): 16 June 2022 +- 8PM GMT+2 (( OOC))
Charge(s):Posession of a controlled substance while armed
Narrative:
On the 16th of June I was heading on a hunting trip around Baradoc Pass with two of my friends. We were using bikes that were appropriate for offroading so we drove into a hill, in which there was a Sheriff's Department SUV hiding behind some leaves. Seeing as I was not breaking any law I decided to continue to head upwards on the hill when we suddenly heard sirens. I did not stop until after around 10 seconds given that I was not aware that the lights and sirens were directed to me (again, I was not breaking any law therefore there should've been no reason for me to think that I was being pulled over).

Upon being pulled over the deputy immediately, with no reasonable cause, suspicion or justification, asked me to drop my keys. I complied all the way with the deputy and did everything he instructed me to do. Minutes later the deputy decided to carry out a search on me where he found nothing. However -and again, with no probable cause, reasonable suspicion or any justification- the deputy decided to unlawfully turn a regular traffic stop into a search and seizure. The deputy began searching my bike without my consent, nor without giving me a valid reason. Inside of the bike there was some medicinal marijuana and the deputy decided to later on detain me and arrest me for having controlled substances while armed. It is important to clarify that at that time I had a weapon license, with a gun that had not been shot even once.

While I was in possession of a controlled substance and a firearm (which was licensed and legal), the search carried out by the deputy was completely illegal, with no legal bearing. With that in mind, the evidence found on my bike should've been declared illegal and the same fate should've been followed by the charges applied on my person

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I, [Mike Bartowski], 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. ))

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• Superior Court of San Andreas,
  
  My name is Caroline Johnson and I work as a state prosecutor in the San Andreas Judicial Branch. I have taken it upon myself to collect all relevant evidence in the case of ‘State of San Andreas v. Mike Bartowski’ either to personally take on the case when activated, or to support the prosecuting attorneys of the state should another attorney wish to take on the case.
  

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  Best Wishes,
  
  Caroline Johnson
  Attorney-At-Law
  San Andreas Judicial Branch
  (909) 590-4566 — [email protected]

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• Your Honor,
  
  The purpose of this notice is to let you know that as of this time I, Tony McFornell, will be representing Mr. Mike Bartowski in all the proceedings pertaining to this case. I have been already made aware of the facts of the case.
  
  Best regards,
  
  
  Public Defense Attorney
  San Andreas Judicial Branch
  (909) 553-8869 — [email protected]

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• To Whom it may concern,
  
  I will be the presiding Judge on this case and activating it under docket number 22-CM-0034.
  
  As it seems both sides have adequate representation, I will be opening the discovery phase after this post.
  
  
  
  Respectfully,
  
  Darcy Valor
  Superior Court Judge
  San Andreas Judicial Branch
  (909) 241-7634 — [email protected]

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The case of the State of San Andreas v. Mike Bartowski, #22-CM-0034 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.




Darcy Valor
Court Clerk
San Andreas Judicial Branch
(909) 241-7634 — [email protected]

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• To whom it may concern,
  
  The purpose of this notice is to inform you that as of this moment I, Roderick Marchisio, will be representing the State of San Andreas as co-counsel of Prosecutor Johnson in all the proceedings pertaining to the underlying case.
  
  I will take it upon myself to reach out to the involved parties to collect and review all evidence in relation to the underlying case to ensure a proper and smooth continuation of this process.

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Respectfully,


Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

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• Good day, your Honor
  
  I am Junior Defense Attorney Peit Vanniekerk and I will be providing co-counsel to the defense.
  
  Respectfully,
  
  
  Junior Defense Attorney
  San Andreas Judicial Branch
  (909) 485-1978 — [email protected]

San Andreas Judicial Branch
Motion for Discovery

Honorable Darcy Valor,

• We the Prosecution in the case below are presenting our discovery to the court.

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  State of San Andreas v. Mike Bartowski
  Assigned Court Case Number: 22-CM-0034
  Requesting Party: Superior Court of San Andreas
  Party Members: Caroline Johnson, Roderick Marchisio

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  Exhibit #1: Los Santos Sheriffs Department
  Type of Discovery: Physical Evidence
  • The arrest report for Mike Bartowski, detailing the incident and the charges placed.
  Spoiler

  All Information from the Discovery The report details the charges places, a narrative of the events, the filing deputy, as well as the illicit materials found on them.

  • 
    ARREST REPORT
    

    MUGSHOT

    SUSPECT 1 DETAILS

    • • 
        Full Name:Mike Bartowski
        Licenses Revoked: No
        Charges:
        • Possession of a controlled substance while armed.
        How did the suspect plea to the above charges?
        The suspect pleeded not guilty
        Additional Details (Suspect's vehicle, etc.) :
        His BF400
        DEPUTY DETAILS
        • Full Name: Paulo Witherfork
          Badge Number: 610
          Callsign: 11-R-12
        INCIDENT DETAILS
        • Date of Arrest: 2022-16-06
          Deputies Involved: Colt Black
          
          Provide details of the incident leading up to the arrest
          • While conducting a routine speed trap just south of the Braddox Toll barrier, two motorbikes shot off the highway and entered a small gulley behind my cruiser. Immediately I flagged both BF400s with Lights and Sirens in an attempt to pull over the vehicles. After doing so, both BF400's decided to take off up an almost vertical incline and split off into two separate directions. After ample opportunity was given for both vehicles to pull over, I initiated a Tac pursuit and called for air support. Unfortunately one of the BF400's took an extreme route that my Caracara was unable to follow so I locked onto Mike Bartowski's motorbike. After joining the hiker's footpath, I was able to catch up to the vehicle and it eventually yielded. After backup from both air and ground units arrived, I proceeded to detain Mike and uncovered Marijuana stashed away in his motorbike.
            Due to Mike's eventual compliance, and limited criminal record I exercised officer discretion and dropped the Felony Evading charge.
        EVIDENCE DETAILS
        • 1x .50
          50x .50 Ammunition Cache
          5x Raw Marijuana
          1x Processed Marijuana
          
          Photo of the evidence in the locker (if applicable)

          
        ARRESTING DEPUTY SIGNATURE
        
  Exhibit #2: Los Santos Sheriffs Department | Paulo Witherfork
  Type of Discovery: Witness Statement
  • A witness statement of the events that transpired from Deputy Paulo Witherfork
  Spoiler

  All Information from the Discovery A witness statement of the events that transpired from Deputy Paulo Witherfork detailing the initial chase, the arrest, and the use of officer discretion.

  • 
    

    
    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Case Number: [Case Number]
      Incident Date: [16/JUN/2022]
    Witness Information
    • Name: Paulo Witherfork
      Date of Birth: 11/09/1979
      Phone Number: 4479577
      Occupation: C.E.O Assured Service & Deputy Sheriff at the Los Santos Sheriff's Department
    Witness Statement
    • On the afternoon of June the 16th I was conducting a routine speed trap just south of the Braddox Tollbooth in my Caracara. My cruiser was strategically positioned to ensure that incoming, heading south would be unable to see my cruiser behind the foliage.
      While conducting this checkpoint, two BF400s shot off the highway on the other side of the hedge I was positioned behind and proceeded to offroad towards Braddox down a small gulley. Immediately I pursued the two motorbikes with both Lights and Sirens. Given the exposed nature of his vehicle, it would have been impossible for him not to have heard my cruiser's sirens. After flicking them on, both BF400s proceeded to evade up a nearby, almost verticle, incline, and tac was called for a pursuit on two BF400s. Fortunately, the offroad capabilities of my cruiser ensured that I was able to give chase. Once at the top of the hill, one bike shot back off down towards the highway and Mike took off up the pathway.
      Eventually, the BF400 yielded on the footpath, and units were informed. Once both air support and ground backup had arrived I proceeded to detain the Mike where I explained he was given ample opportunity to stop his vehicle. While conducting a search on Mike, I could smell a subtle aroma of Marijuana so I asked him if he was in possession of anything illegal to which denied having anything. Surely enough, we uncovered both Raw and Processed Marijuana.
      Due to his eventual compliance and being a first-time offense, I exercised discretion and decided not to place the evading an officer charge, and just verbally caution the man. He was however charged for the drugs which he was in possession of and Lied about.
      Mike, was very fortunate that he wasn't charged for his driving or providing false information to government employees.
    Witness Affirmation
    • I, Paulo Witherfork, 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,
      
      
      Deputy Sheriff II Paulo Witherfork
      S.I.D Features Creator
      Los Santos Sheriff's Department
      
      Date: [27/06/2022]
    

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Sincerely,

Caroline Johnson
Prosecuting Attorney-At-Law | San Andreas State Government

San Andreas Judicial Branch
Motion to Compel Discovery

Honorable Darcy Valor,

• We the Defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.

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  State of San Andreas v. Mike Bartowski
  Assigned Court Case Number: #22-CM-0034
  Requesting Party: Defense
  Party Members: Tony McFornell & Peit Vanniekerk

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  Discovery from: Sheriff's Department
  
  Type of Discovery: [Deposition/Physical Evidence/Interview/Interrogation/Document Request] (Ex. Interview)
  • Physical Evidence
  Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
  • We are requesting that the bodycam footage from the officer's point of view is provided, given that it will allow us to prove that both the written statement and the arrest report contain false statements that do not represent what really occurred.

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Sincerely,


Tony McFornell
Senior Defense Attorney

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• Superior Court,
  
  I hope this response finds you well. Per a motion to compel discovery, we are actively investigating this request, and will have a response on the docket soon. Since the motion from the defense was filed less than 24 hours before the filling deadline, and we have no further leads, we will not be filing a motion of continuance, but will proceed to comply with the request.
  

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  Best Wishes,
  
  Caroline Johnson
  Attorney-At-Law
  San Andreas Judicial Branch
  (909) 590-4566 — [email protected]

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• Parties,
  
  Since no further motions have been submitted to the docket in the last 48 hours, I would like to proceed to trial.
  
  Please use this scheduling tool to put your availability for the upcoming week.
  
  Respectfully,
  
  Darcy Valor
  Superior Court Judge
  San Andreas Judicial Branch
  (909) 241-7634 — [email protected]

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• Honorable Judge Valor,
  
  Would it be possible to hold off a trial until we a receive a response to our compel discovery. We still would like to receive the evidence that we requested as it would aid in the context of our client case.
  
  Respectfully,
  
  
  Junior Defense Attorney
  San Andreas Judicial Branch
  (909) 485-1978 — [email protected]

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• Superior Court of San Andreas,
  
  I am once again affirming that the state does not plan to present any further evidence. Prior to this cases initial activation, I sought the records being requested and they where not provided likely as they did not exist. We have reached out to the LSSD, and they have not responded in the affirmative or negative that such evidence exists, however they have indicated that it likely does not exist. As such, we see no need for a motion for continuance, unless its the intent of this court to wait an additional 7 days to confirm these remarks.
  
  We are absolutely willing and have complied with the motion, and any further absence of response to the motion, is of no fault to the state. We welcome the defense to present additional motions if needed.
  

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  Best Wishes,
  
  Caroline Johnson
  Attorney-At-Law
  San Andreas Judicial Branch
  (909) 590-4566 — [email protected]

San Andreas Judicial Branch - Civil Court
Motion to Dismiss

Honorable Judge Darcy Valor,

• We, the Defense in the case below are requesting a dismissal from the court, please find the reason for it below.

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  State of San Andreas v. Mike Bartowski
  Assigned Court Case Number: #22-CM-0034

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  Motion to Dismiss

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  Detailed explanation:
  We beleive that there is no clear evidence of our client commiting the crime stated by the arresting officer(s). It is the responsibility of the officers to have their dashcams and body cameras recording at all times and no such evidence has been provided.
  
  There are no third-party witnesses nor footage that proves that our client commited the crime that lead to the searching and seizing of our client and their property. In addition to this, my client was not charged with the driving that was described in the witness statement making it especially unclear as to the validity of the statements without actual evidence to back up these claims.

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  Thank you for your consideration.
  
  Sincerely,
  
  
  Junior Defense Attorney
  San Andreas Judicial Branch
  (909) 485-1978 — [email protected]

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• Parties,
  
  Since a Motion for Dismissal has been submitted by the Defense, I would like to hold a Motions hearing to allow oral arguments on this matter.
  
  Please use this scheduling tool for your upcoming availability for the upcoming week.
  
  Respectfully,
  
  Darcy Valor
  Superior Court Judge
  San Andreas Judicial Branch
  (909) 241-7634 — [email protected]

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• Parties,
  
  The hearing will be held Wednesday, August 3rd, 2022, at 10PM ((UTC)).
  
  If any scheduling problems occur, please let the docket know as soon as possible.
  
  
  Respectfully,
  
  Darcy Valor
  Superior Court Judge
  San Andreas Judicial Branch
  (909) 241-7634 — [email protected]

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• The case of 22-CM-0034 - State of San Andreas v. Mike Bartowski has hereby been resolved.
  
  In the Penal Code, DM02 is defined as “Possessing any illegal drug or illegally held controlled substance whilst armed with a firearm.” The evidence, in this case, has proven that Mr. Bartowski was in possession of a firearm as well as a controlled substance.
  
  In regards to the search conducted by Deputy Withorfork, it is believed that a Felony Evasion did occur, BUT the Deputy exercised his Officer discretion and did not charge the Defendant with VF01 - Evading an Officer. Due to this, the Deputy had reasonable suspicion and probable cause to conduct a search on the Defendants’ motorcycle.
  
  The evidence has shown that a Felony Evasion DID occur and the Defense has not produced enough reasonable doubt in this case that one did not occur.
  
  This case is now closed.
  
  • CHARGES BEING DISPUTED:
    • DM02 - Possession of a Controlled Substance While Armed [GUILTY]
    
    
    
    
    Darcy Valor
    Superior Court Judge
    San Andreas Judicial Branch
    (909) 241-7634 — [email protected]