Eclipse Government

Defendant Name: Salvador Rivera
Defendant Phone: 222-7338
(( Defendant Discord: stepslv ))
(( Defendant Timezone: GMT+2 ))
Type of Representation (Pick one): Public Defender - Piper Johnson

Charging Department: LSSD

Date & Time of Incident(s): 05/NOV/2024 20:43
Charge(s):

• VF01 - Evading an Officer (Felony $3000)
• GM04 - Resisting Arrest (Misdemeanor $2000)
• WF03 - Possession of a Class 2 Firearm (Felony $3000)
• WM03 - Criminal Use of Weapon Modifications (Misdemeanor $1500)

Narrative:
On the evening of 5th November, Mr. Rivera was driving by the Braddocs on his BF 400 when he heard shots nearby.
As there was a serious shooting happening at that place our client tried to plan the easiest way to get out of there.
Someone shot his tire so our client started to run away from the place.
When he got out of that place Mr. Rivera saw two LSSD vehicles rolling in.
As our client was afraid of his life he continued driving away but his tire popped out.
When he got to the highway, "two or three Kamachos" were starting to block him in.
Under all the stress our client had from almost being killed at the Braddocs, he was in a state of confusion and proceeded driving.
While driving, Mr. Rivera thinks he heard something similar to a demand "stop driving or something would happen".
Mr. Rivera then calmed down a bit and stopped his vehicle.
Our client put his hands up so he wouldn't be shot at, but the Officers didn't care about that and tased him anyway causing him to fall unconscious.
Because of the attack Mr. Rivera doesn't remember anything that happened between the moment he got tased and when he got to the DOC.
Our client was not offered any form of medical treatment even though he was taken to DOC unconscious and was in a lot of pain.
LSSD Officers stated that our client had a Class 2 firearm on him even though the firearm was found in the bushes at the Braddocks and was not checked for fingerprints.
Mr. Rivera's clothes also weren't checked for any gunpowder residue to have any reason to charge him with a possession of a firearm.

That is why I believe Mr. Rivera was wrongfully charged.

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I, Piper Johnson, 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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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.


Court Clerk
San Andreas Judicial Branch
☎ 1-000-000
✉ [email protected]

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The Defendant, by and through the undersigned attorney, filed this Motion for Change of Venue, and the reasoning for request is as follows;

• Requested Venue: Bench Trial
  • Detailed Explanation: The defendant invokes their Sixth Amendment right to a public and speedy trial. Therefore, the defendant requests that the court hear this case as a bench trial to expedite the process.

Senior Defense Attorney
San Andreas Judicial Branch
(909) 480-1442 — [email protected]

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• Prosecution and defense counsel,
  
  The court recognizes the Motion for a Change in Venue from the defense. We now await the assignment of a prosecutor to be able to submit a statement on behalf of the state. Once one has been assigned the court will give them adequate time to respond.
  
  Respectfully,
  
  Associate Justice
  Branch Administrator
  San Andreas Judicial Branch
  505-9925 — [email protected]

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• Honorable Judge Kant and pertaining parties,
  
  The Prosecution has no objection to the Defense's motion to move this case to a bench trial setting.
  
  Regards,
  
  Terence Williams
  Attorney General
  San Andreas Judicial Branch
  234-9321 — [email protected]

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The case of State of San Andreas v. Salvador Rivera is hereby activated and opened by this Court.

Be advised that the bench-trial court system runs on a weekly time-slot system. The prosecution and defense are hereby ordered to provide their evidence to the Court via Motion for Discovery within the next 7 days.

If at any point in time the defendant or prosecution wishes to dispute more than just misdemeanor charges or desires a more in-depth examination of the case, they are welcome to file a Motion for a Change in Venue.


Associate Justice
Branch Administrator
San Andreas Judicial Branch
505-9925 — [email protected]

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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 - Salvador Rivera, 06/NOV/2024

  

  ARREST REPORT
  

  MUGSHOT

  SUSPECT 1 DETAILS

  • 
    
    
    Full Name: Salvador Rivera
    Telephone Number: 2227338
    Licenses Suspended: Yes
    • Driver
    • Trucker
    
    Charges:
    • WM03 - Criminal Use of Weapon Modifications
    • VF01 - Evading an Officer
    • WF03 - Possession of a Class 2 Firearm
    • GM04 - Resisting Arrest
    
    
    Additional Details (Suspect's vehicle, etc.) :

  
  
  VEHICLES INVOLVED

  • Vehicle A:

  
  
  DEPUTY DETAILS

  • Full Name: Alester Carter
    Badge Number: 18042
    Callsign: 1-C-16

  
  
  INCIDENT DETAILS

  • Date of Arrest: 2024-11-05
    Deputies Involved: Wallace, Payne, Black, Rajucula
    
    Provide details of the incident leading up to the arrest
    • I was conducting a speed trap on the southbound Senora Freeway when I heard automatic gunfire nearby. I called for backup, and upon arriving and entering the Braddock Farm, we witnessed a suspect on a black BF400 fleeing the scene. He didn't get far and was able to be detained and arrested nearby after crashing his motorcycle and fleeing on foot. He had an AP pistol that was found with modifications in a bush nearby, as confirmed by Sheriff Payne, and he is being charged accordingly. He was transported to DOC by Deputy Rajucula.

  
  EVIDENCE DETAILS

  • Location of Evidence Locker: Sandy Station
    Exhibit A: AP Pistol, Serial Number 1727688277434
    Exhibit B: Extended Clip
    
    Photo of the evidence in the locker (if applicable)

    

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  ARRESTING DEPUTY SIGNATURE
  
  
  
  Larin Tai
  Prosecuting Attorney
  San Andreas Judicial Branch
  244-5389 — [email protected]

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• Parties,
  
  This is to serve as a FIRST notice to the defendant that bench trials are currently scheduled on multiple days throughout the week. Please notify the court if these times do not work for you. The expectation of the court is that each defendant file a notice for availability in the next 7 days. Date, times, and formatting shown here. The courts will only provide the defendant three notices prior to involuntarily dismissing the case in favor of prosecution due to lack of response from the defendant.
  
  Respectfully,
  
  
  Court Clerk
  San Andreas Judicial Branch
  (909) 304-2935 — [email protected]

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In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 12:30 PM on Saturday, the 19th of April, 2025 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 cancellation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.


So ordered,


Associate Justice
Branch Administrator
San Andreas Judicial Branch
505-9925 — [email protected]

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Both parties agree in different ways that the defendant fled from law enforcement. Defense argues it was due to preservation of life of the defendant, prosecution argues it was knowingly and willingly committed. Given the defendant continued to flee from law enforcement officers on foot after initially fleeing in a vehicle, the court finds it reasonable to believe he was aware he was being followed by the pursuing law enforcement agency.

What the evidence and narrative of the defendant failed to factually establish is the control or possession of the gun and therefore the modifications.

Judith Mason wrote: ↑30 Mar 2023, 23:13 This court agrees that the concept of constructive possession is a novel one for the State of San Andreas, and therefore, deems it necessary to further define and clarify the requirements for an individual to be found in constructive possession of any form of property. Needless to say, constructive possession differs from actual possession in the sense that the property in question need not be directly in the possession or control of an individual, but rather, an individual have the knowledge of such property, have the intent to possess such property, and have the ability to possess such property at a certain point in time.

The court system recognizes the concept of constructive possession, however there were multiple individuals with guns in the area as noted by the shootout. The arrest report does not state that continuous visual of the defendant was maintained, that the defendant was seen entering a bush, or that they had established initial visual of the defendant possessing the gun.

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

• On the count of GM04 - Resisting Arrest, I find the defendant, Salvador Rivera, guilty.
• On the count of VF01 - Evading an Officer, I find the defendant, Salvador Rivera, guilty.
• On the count of WM03 - Criminal Use of Weapon Modifications, I find the defendant, Salvador Rivera, not guilty.
• On the count of WF03 - Possession of a Class 2 Firearm, I find the defendant, Salvador Rivera, not guilty.

The defendant should make their way to City Hall at their earliest convenience to have the change to their record noted as well as the payment of $21,500 returned to them for fines, time, and other expenses/inconveniences incurred from the contested charges.


Associate Justice
Branch Administrator
San Andreas Judicial Branch
505-9925 — [email protected]