#23-AP-0012, State of San Andreas v. Shawn Morningstar
Posted: Mon Jun 12, 2023 4:55 am
Appellant Name: Shawn Morningstar
Appellant Attorney(s): RockFord Lawfirm - Dmitri Leroy
Appellant Attorney(s): RockFord Lawfirm - Dmitri Leroy
Trial Docket Number: #23-CM-0038
Presiding Trial Judge: Robert Winejudge
Notice of Appeal Filed:
Presiding Trial Judge: Robert Winejudge
Notice of Appeal Filed:
- [ ] Before Verdict
[X] After Verdict
Reason for Notice of Appeal:
- [ ] Motion to be overturned
[ ] Errors in the trials procedure
[X] Errors in the judge's interpretation of the law
[ ] New evidence proving appellants innocence
- The residing judge in the highlighted portion of the conclusion quoted below has ruled that the defendant was driving to preserve his life, however could have taken other measures to do so therefore still violated Los Santos Penal Code and gave probable cause.
Conclusion:The precedent being set forth by the courts in this case is that the civilians of Los Santos do not have the privilege of life guaranteed by the constitution. The Defense argues that the defendant, who took the most direct path away from gunfire to preserve his life, is protected by constitutional privileges' to life and liberty.Spoiler
Before I begin with my verdict, I wanted to thank all of you for coming, I want to thank the Department of Corrections for acting as bailiffs. There were some confusions in this case due to the word ''suspect'' being used in the evidence which referred to another vehicle, a Jugular and the shootout that Shawn Morningstar was in the area of. The Court will focus on the Black Sultan Classic in this case, and would like to avoid any confusion about the other incident and vehicle.
On the second day of February 2023, Shawn Morningstar was at the North Gas station in paleto bay, with his Black in color Sultan Classic. Near this location, the Sheriffs Department engaged in a shootout with another individual in a similarly dark colored Jugular. The defense argues that as a cause of the shootout, Mr Morningstar, in fear of his life, fled the area in the incorrect lane of travel. The defendant was fired upon by a Law Enforcement Officer, the bullet then piercing his right shoulder, which is the reason for why he drove in this manner according to the Defense. The Defendant then collided with Agent Peter Stanford's cruiser, causing a head on collision. The defendant was then subsequently arrested and searched. When searched, 2 firearms were found on him, which lead up to him receiving a charge for Illegal firearm possession.
The prosecution argues, that no reasonable person, when faced with a dangerous situation like this, would put themselves in more danger, by acting in a reckless manner. The defense argues that the sole reason the defendant drove on the other side of the road on the highly populated highway, was because he was shot, and his instinct and desire to live kicked in, which caused him to commit the act of driving on the wrong lane of the highway. The defense also claims that the search of Mr Morningstars vehicle was unconstitutional and unlawful.
The Court finds, that even though Shawn Morningstar was in the area of a shootout, and he was fired upon by a Law Enforcement Officer, there were other measures he could have taken to make sure he is safe, such as hiding, or driving a different direction. The probable cause was reached by the Sheriffs Department when the defendant was to be charged with Reckless Operation, allowing them to search the vehicle, which led to the discovery of the firearms, which makes all evidence found on his person and in the vehicle lawful.
The Defendant will not be fined by the court for any amount regarding the case.
It is with the above considerations that I issue the following verdict:
On the count of VM03 - Reckless Operation of a Road or Marine Vehicle, I find the defendant, Shawn Morningstar, guilty.
The Defense argues that San Andreas citizens have the right to life and unintentionally driving reckless to preserve that life does not meet the requirements for reckless operation. VM03 - Reckless Operation states "Intentional disregard for life and/or property through the operation of a vehicle." and it is the exact opposite of what Shawn Morningstar was doing. Shawn was unintentionally present at a scene that caused him to drive reckless to preserve his life. Shawn was shot, bleeding out, and trying to take the fastest path to safety.
If the courts agree that the constitution of San Andreas guarantees all citizens the privilege of life and liberty then by extension of the 14th amendment this ruling must be overturned.
14th Amendment
Section 1:
All persons born or naturalized in the State of San Andreas, and subject to the jurisdiction thereof, are citizens of the State of San Andreas. The state shall not make or enforce any law which shall abridge the privileges or immunities of citizens of the State of San Andreas. The state shall not deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.