#23-CM-0073, State of San Andreas v. DeAndre Stacks

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Robert Winejudge
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Re: #23-CM-0073, State of San Andreas v. DeAndre Stacks

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF TRIAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. DeAndre Stacks
#23-CM-0073

A trial date was set on the above case on 10th of January, 2024.


In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 03:00 PM on the 13th of January, 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.


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Superior Court Judge
San Andreas Judicial Branch
(909) 372-4223 — [email protected]
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User avatar
Robert Winejudge
Judicial Branch
Posts: 445
Joined: Sat Jun 25, 2022 10:37 pm
ECRP Forum Name:

SAJB Awards

Re: #23-CM-0073, State of San Andreas v. DeAndre Stacks

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. Defendant
#23-CM-0073

A decision was reached in the above case on the 13th day of January, 2024.


The case of #23-CM-0073, State of San Andreas v. DeAndre Stacks has been resolved.

On the 16th of April 2023, a T20 with the license plate "RENTED" registered Owner DeAndre Stacks was involved in a pursuit after fleeing from a reported shootout. The vehicle could be seen driving at high speeds through city limits and eventually abandoning the vehicle in an alleyway on Magellan Avenue. As shown in the bodycam footage, the defendant fled on foot for a couple of seconds before surrendering to law enforcement. Later on, after impounding the vehicle, the LSPD found 2 illegal firearms and a bag near the vehicle, since the GSR test was positive on DeAndre Stacks, he was charged with possession of the weapons and the modification on one of the firearms.

In the bodycam footage provided, we can see the T20 Refusing to stop to a police Jugular while they had their lights and sirens on, continuing to go through city streets at a high speed. Eventually, the T20 is abandoned in an alleyway and the defendant runs on foot until he is held at gunpoint, at which point he surrenders.

The Prosecution states that the defendant knowingly evaded police and abandoned the vehicle later on, dropping the illegal firearms and his bag near the vehicle in a corner. They argue that since the defendant was involved in a shootout and had a positive GSR test, it is more than reasonable to believe that the defendant dropped the bag along with the firearms, and then ran in the other direction to lead the law enforcement officer away from the items.

The Defense argues that the defendant did not have the chance to notice and understand that he was being pursued, which is why he did not pull over. They also state that for GM04 resisting arrest, the defendant's only reason for not surrendering immediately when on foot was because the LSPD did not have their lights/sirens on along with no verbal commands to surrender being issued and that once the lights/sirens were activated, he got down on his knees and surrendered immediately. For the firearm charges, the defense argues that the defendant was not seen in the possession of firearms or the bag and that the positive GSR test on the face of the defendant only means he was near a discharged firearm. Furthermore, they argue that for VM03 - Reckless Operation, the defendant did not display intentional disregard for human life or property.

The main issue in this case was the discovery of the bag and the firearms, which were abandoned near the defendant's vehicle, and later discovered after impounding the T20.

It is the court's opinion that a person fleeing from an active shootout, with GSR residue on his person, would have been in the possession of at least 1 firearm. Due to the proximity of the illegal firearms and the bag, and the fact that the defendant fled from the proximity of his vehicle and the firearms, the court finds that both the bag and the firearms were left there by the defendant. The court also believes that the defendant was fully aware of being pursued. Not only was a police jugular right in front of him with lights and sirens on, but the defendant left their vehicle in an alleyway. Driving through the city roads at high speeds not only disregards others' lives but the driver himself and their vehicle.

The Penal Code has been changed since the time of the appeal, therefore the WF03 - Possession of Illegal Firearms/Weapons charge will be changed to WM02 - Possession of a Class 1 Firearm and WF03 - Possession of a Class 2 Firearm, the defendant will not have to serve extra time for these charges.

It is with the above considerations that I issue the following verdict:
  • On the count of VF01 - Evading an Officer, I find the defendant, Deandre Stacks, guilty.
  • On the count of GM04 - Resisting Arrest, I find the defendant, Deandre Stacks, guilty.
  • On the count of GM19 - Face Concealment (b), I find the defendant, Deandre Stacks, guilty.
  • On the count of VM03 - Reckless Operation of a Road or Marine Vehicle, I find the defendant, Deandre Stacks, guilty.
  • On the count of WM02 - Possession of a Class 1 Firearm, I find the defendant, Deandre Stacks, guilty.
  • On the count of WF03 - Possession of a Class 2 Firearm, I find the defendant, Deandre Stacks, guilty.
  • On the count of WM03 - Possession of Weapon Modifications, I find the defendant, Deandre Stacks, guilty.



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