Jones Smithy v. Police Department | Docket #21-10-03-AP-012

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Jiggly801
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Jones Smithy v. Police Department | Docket #21-10-03-AP-012

Post by Jiggly801 »

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San Andreas Judicial Branch

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Personal Information:
DEFENDANTS NAME: Jones Smithy
DEFENDANTS PHONE: 2315477
DEFENDANTS ADDRESS: N/A
ATTORNEY NAME: Letov Vladislav
ATTORNEY PHONE: 4181478
General Information:
OFFICERS NAME: (N/A If Unknown) N/A
RANK: (N/A If Unknown) N/A
BADGE NUMBER: N/A
ATTORNEY NAME: N/A
ATTORNEY PHONE: N/A
Incident Information:
DATE AND TIME OF INCIDENT(s): 10/03/21 12:00am

CHARGES BEING APPEALED: Possession of an Illegal Firearm / Grand Theft Auto

DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation) Between the late night of October, 02 and early October 03 2021, I was charged with two felonies. I want to ask the court to appeal these felonies and hear my side of the story.

Regarding the Illegal firearm charge, I was in possession of a firearm that I had received from a friend of mine. To my knowledge the firearm was legal, because about 2 hours prior to my arrest I was talking with a group of friends, and was able to clearly read the serial number on the firearm. I had no intent to scrape the serial number off, just was inspecting the firearm, and the serial number was legible. I don't believe the charge should be a felony for illegal firearm, but instead a misdemeanor for not having an active license.

Regarding the Grand Theft Auto charge, Late that evening I was driving to find work. Money has been tough so I went from the trucker yard to the garbage job. During my driving to and from these locations I seen a familiar police car that seemed to be tailing me, once I reached the destination of the garbage place, and seen it was busy, the same police cruiser pulled up with two gentleman (don't know their names) and asked how I was doing. I thought it was strange cause they asked "we've seen you around, just making sure you're good" which makes it seem like they had been following me for a bit. After that engagement with them, I carried on down the road, mad that I hadn't found any work yet, and spotted an off-road vehicle parked on the side of a hill. The first thing that came to my mind was how dangerous the car was parked, if the vehicle's brakes were to slip the car could come barreling towards the road and injure, possibly kill someone. So I parked my bike, and went to the vehicle to see if I could move it. The vehicle was clearly broken, it was smoking and the engine had a distinct hiss, I knew I wouldn't be able to drive it, but I was hoping to be able to release the parking brake and move the vehicle to a safer spot for a tow truck to take it. In the distance I could see the same police cruiser that had been following me before, so I assumed they would see me move the vehicle, and everything would be okay, as I start to attempt the door, the officers exit the vehicle with pistols drawn and demand to see my hands. I was fully compliant, and followed every order and answered every question. After I was in cuffs is when the officers drew tazers on me.
Never did I intend to steal the vehicle because it was clearly broken, I was attempting to move it somewhere safe, maybe not by best judgment, but with how my day was going that seemed logical to do especially cause the officers could see me, I wasn't hiding my intents.

Up until this point I have been a good citizen in the city. I haven't had any run ins with the law aside from speeding, and I'm hoping you can see that judge.

Thank you for taking the time to read my case.

Signed, Jones Smithy
Fname Lname

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Jiggly801
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Re: Jones Smithy | Charges Appeal | 10/03/21

Post by Jiggly801 »

Your Honor, I would Like to give additional information regarding my arresting officer. I was able to maintain his badge number, that being (20972). Thank you.

Jones Smithy.
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Re: Jones Smithy | Charges Appeal | 10/03/21

Post by Colt Daniels »

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Re: Jones Smithy | Charges Appeal | 10/03/21
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  • Your Honor,

    My name is Colt Daniels and I will be acting as counsel for the Los Santos Police Department in this case. I will be reaching out to my client and familiarizing myself with the case in the coming days and will be ready to proceed at the court's discretion.

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Re: Jones Smithy | Charges Appeal | 10/03/21

Post by Bret Hyland »

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Jones Smithy | Charges Appeal | 10/03/21
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  • Mr. Smithy

    Reviewing your request, please employ an attorney from one of those listed in the law firms directory and seek legal council. Once you have employed an attorney have them notify the court you are ready to proceed. It is your responsibility to provide evidence and witness statements to confirm your story.

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Re: Jones Smithy | Charges Appeal | 10/03/21

Post by Letov Vladislav »

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  • Your Honor,

    I am already on Mr. Smithy's appeal, I spoke with him previously at the DOC on the day of his arrest. I am waiting for the appeal to be made active so I can being gathering and submitting evidence to the court.

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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21

Post by Bret Hyland »

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Jones Smithy | Charges Appeal | 10/03/21
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  • Councilors
    This case is now active, please get you notice of discovery and actions issued to the responding parties.

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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21

Post by Colt Daniels »

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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21
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  • Your Honor,

    I would like to submit the following two statements into evidence. The first is the statement from Cadet Chester Collins of the LSPD, the second is a witness statement from Officer Peter Pearson of the LSPD as he was Mr. Collins FTO at the time of the arrest.

    Cadet Chester Collins statement.
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    Officer Peter Pearson witness statement.
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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21

Post by Colt Daniels »

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  • Your Honor,

    As I have been appointed the District Criminal Defense Attorney since taking this case and have cases pending against some of the officers I am representing in this case I have made the decision to hand this case over into the very capable hands of Attorney H. Allgood. I have met with him and given him all the information about the case I have worked on up till this point and he is ready to proceed. Thank you.

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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21

Post by Hugh Allgood »

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Re: [21-10-03-AP-012] Jones Smithy
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  • Your honor,

    I would like to request a motion for summary judgment. From the appellants application and the statements received from the PD Officers involved in this situation, I believe the facts are not disputed, and the charges as placed are appropriate.

    Regarding the illegal firearm charge, the appellant even admits two hours prior to his arrest, the serial number on the firearm was legible, and indirectly admits to the serial number getting scraped off without intent. So, at the time of arrest, the appellant knew the serial number on the firearm was scratched off, even without intending on doing it. If the serial number was legible at few hours prior, when did it get scratched off? Additionally, according to the statements from the PD officer, the gun had a serial number, but was not registered to anyone. Therefore, the gun was illegal.

    Regarding the grand theft auto charge, the appellant was plain and simply not charged with GTA, he was charged with attempted GTA. Which by the appellant's own admission, he did try and take possession of someone's else's vehicle. He states it was so he could move it off the road, however, the vehicle was not operable. As supported by the statements from the Officers, at no point did he call law enforcement or a mechanic. If the vehicle was disabled, the only way the vehicle was going to move to safety was by use of a flatbed, which could have been deployed by a mechanic or PD. The appellant even admitted that he knew there was a PD cruiser nearby, therefore, why did he not report the dangerous situation to PD? Even if the appellant had been able to access the vehicle, there would be nothing the appellant could have done.

    If the appellant was intending on getting in this vehicle to roll it down a hill, without any power from the vehicle, this could also support a charge of reckless operation of a motor vehicle. All in all, this sounds like a very bad idea on the part of the appellant.

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    Hugh R. Allgood
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Re: [21-10-03-AP-012] Jones Smithy | Charges Appeal | 10/03/21

Post by Bret Hyland »

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  • Mr. Smithy, Counsellor Vladislav.

    Mr. Smithy, please understand that Counsellor Vladislav is no longer an employee here at the Judicial Bureau, thus you may seek new counsel or employ Mr. Vladislav yourself. Understand that currently there are no regulations in place for private attorneys outside of the Bar Licensing bureau and as such you are required to do your own due diligence when employing an attorney. To continue to permit him to represent, we require a signed, authenticated contract between both parties. You will be permitted 7 days to provide one.
    In the meantime,
    Please provide reason as to why this should not be concluded with a summary judgement based upon your clients admission, as well as officer statements. @Letov Vladislav.

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Re: Jones Smithy v. Police Department | Docket #21-10-03-AP-012

Post by Bret Hyland »

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  • Mr. Smithy,

    As no response has been completed pertaining to this, the case will progress, please provide your intended direction to progress.

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Re: Jones Smithy v. Police Department | Docket #21-10-03-AP-012

Post by Hugh Allgood »

Motion for Involuntary Dismissal
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Honorable : Judge Hyland
  • We the defense in the case below are requesting an involuntary dismissal from the court, please find the reason for it below.
    Assigned Court Case Number: 21-10-03-AP-012
    Requesting Party: Hugh R. Allgood, State attorney representing the Los Santos Police Department
    Party Members: Jones Smithy (appellant), Los Santos Police Department (respondent)
    Involuntary Dismissal: Unreasonable delay, and failure to make contact with court
    Detailed explanation:
    This case has been open for an extended period of time. This case was made active on 02/Nov/2021, and during this time neither the appellant or any attorney representing him has made any attempts to communicate with the court. On 26/Nov/2021, I filed a motion for summary judgement, which I believe supports the charges as originally placed, and possibly even suggests an additional charge of reckless operation. Over a month has passed from this motion, and the court has not heard the motion, due to delays on responses from both the appellant or their attorney.

    The court has reached out to the appellant, or an attorney, 29/Dec/2021 and most recently 09/Jan/2022. No response has been filed.

    Therefore, we are requesting this appeal to either be involuntarily dismissed on these grounds, or I would request a ruling on the motion for summary judgement from November.

    Thank you for your consideration.
Sincerely
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Re: Jones Smithy v. Police Department | Docket #21-10-03-AP-012

Post by Bret Hyland »

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Re: Jones Smithy v. Police Department | Docket #21-10-03-AP-012
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  • With no response for the appeallante this case has now been closed due to lack of activity from the appealing side. This incident may not be appealed again.
    Thank you councilor.

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    San Andreas Government
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