Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

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Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Trixie Bankshot »

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San Andreas Judicial Branch

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Personal Information:
DEFENDANTS NAME: Charlie Bankshot
DEFENDANTS PHONE: 283-9593
DEFENDANTS ADDRESS: 178 Weazel Plaza
ATTORNEY NAME: Hugh R. Allgood
ATTORNEY PHONE: 235-6076
General Information:
OFFICERS NAME: Unknown, But Staff Sgt. Christopher Porter was present
RANK: DS3
BADGE NUMBER: 10823
ATTORNEY NAME:
ATTORNEY PHONE:
Incident Information:
DATE AND TIME OF INCIDENT(s): Nighttime, 10/8/2021

CHARGES BEING APPEALED:
Felony Evading

DEFENDANTS STORY/OPENING STATEMENTS:
While trying to return my friend's bike, I was offroading it on the side of the highway. Never on the pavement, always on the dirt or hills. SD pulled me over for absolutely no reason. Feeling I would be in trouble for having a bike that wasn't mine, I tried to leave the scene. However, I have been informed that if the traffic stop was bad, all other parts of the conviction are un-usable.

I would like to be compensated my court fees, my prison fines as well as $10,000 for emotional pain and suffering.
Signed,
Charlie Bankshot

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Re: Charlie Bankshot 10/9/2021 | Docket #

Post by Trixie Bankshot »

((ooc: shoot this was supposed to be posted on my charlie bankshot account -_____ - i thought i logged into it. bahhhh))
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Roy Judge »

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RE: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016
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  • To whom it may concern,

    I am Court Clerk Roy Duke-Judge and I will be the presiding judge on this case. This case is now marked as ACTIVE. Before any motions start getting submitted to the docket I would like both sides to have appropriate representation. I will be reaching out to Attorneys to find the Los Santos County Sheriff's department proper representation, once an Attorney has been assigned and that is made clear on the public docket I will then give each side (7) Seven Days to submit any evidence and motions to the court. Once that is done, I will send appropriate notices of action and a hearing will be scheduled.

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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

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Re: Charlie Bankshot v. Sheriff's Department October 9th, 2021
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  • Your Honor,

    My name is Oliver Jenkins and i will be taking over as acting counsel for the Los Santos Sheriff's Department in this case. I am familiarizing myself with the case and will reaching out to the client to gather more information

Respectfully,

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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Roy Judge »

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RE: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016
"HERE FOR YOU | SAFE FOR YOU"

  • Counsel,

    Now that both sides have adequate representation, as stated you will have (7) Seven Days to submit any evidence and motions to the court and we will move forward with this case.

  • Regards,
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Hugh Allgood »

Motion to Compel Discovery
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Motion to Compel Discovery

Honorable : Roy Duke-Judge
  • We the appellant 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.
    Charlie Bankshot vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: 21-10-09-AP-016
    Requesting Party: Appellant
    Party Members: Charlie Bankshot & Los Santos County Sheriff's Department
    Discovery from: Los Santos County Sheriff's Department

    Type of Discovery: Deposition / Witness Statement
    • Witness Statement from both Christopher Porter and Deputy badge # 10823
    Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
    • In Ms. Bankshot's appeal application, she mentions being pulled over by SD and mentions Staff Sergeant Christopher Porter as being present along with Deputy badge # 10823. I would like written statements from all of these Deputies about their involvement in this case.

    Thank you for your consideration.
Sincerely
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State Attorney Hugh R. Allgood
Attorney for Charlie Bankshot
Last edited by Hugh Allgood on Tue Jan 18, 2022 10:08 am, edited 3 times in total.
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Hugh Allgood »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Roy Duke-Judge
  • We the appellant 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.
    Charlie Bankshot vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: 21-10-09-AP-016
    Requesting Party: Appellant
    Party Members: Charlie Bankshot & Los Santos County Sheriff's Department
    Discovery from: Los Santos County Sheriff's Department

    Type of Discovery: Report / Video evidence
    • Arrest report of Charlie Bankshot
    • Body & dash camera from both Christopher Porter and Deputy badge # 10823
    Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
    • I would like to review the arrest report and body camera from both Christopher Porter, and badge # 10823 from this incident, who are both listed in the appeal as being involved in someway. I believe this evidence will serve as the foundation for my defense of Ms. Bankshot.

    Thank you for your consideration.
Sincerely
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State Attorney Hugh R. Allgood
Attorney for Charlie Bankshot
Last edited by Hugh Allgood on Tue Jan 18, 2022 10:08 am, edited 1 time in total.
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

Discovery
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Discovery

Honorable : Roy Duke-Judge
  • We the respondent in the case below are presenting our discovery to the court.
    Charlie Bankshot vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: 21-10-09-AP-016
    Requesting Party: Appellant
    Party Members: Charlie Bankshot represented by Hugh. R. Allgood.
    Exhibit #1: Los Santos Sherriff's Department
    Type of Discovery:
    • Arrest Report
    ► Show Spoiler


    Signed hereof,
Sincerely
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Roy Duke-Judge
  • We the respondent 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.
    Charlie Bankshot vs. Los Santos Sheriff's Department
    Assigned Court Case Number: #21-10-09-AP-016
    Requesting Party: Respondent
    Party Members: Oliver Jenkins representing the Los Santos Sheriff's Department
    Discovery from: Appellant Charlie Bankshot's Party

    Type of Discovery: Physical Evidence & Document Request
    • Physical Evidence: Any bodycam recordings if available.
      Document Request: Any document that have been submitted to the court.
    Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
    • We, the respondent, are requesting any evidence that the appellant has submitted to the court that may support the respondent's case.

    Thank you for your consideration.
Sincerely
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

Discovery
San Andreas Judicial Branch
Discovery

Honorable : Roy Duke-Judge
  • We the respondent in the case below are presenting our discovery to the court.
    Charlie Bankshot vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: 21-10-09-AP-016
    Requesting Party: Appellant
    Party Members: Charlie Bankshot represented by Hugh. R. Allgood.
    Exhibit #1: Los Santos Sherriff's Department
    Type of Discovery:
    • Witness Statement
    ► Show Spoiler

    Signed hereof,
Sincerely
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

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RE: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    Due to the date of the incident, my client does not have any bodycam footage of the incident.

    Additionally, the main arresting officer is no longer with the Los Santos Sheriff's Department and is not available to get in contact with at this time. I sent them emails but they may not return them.

  • Regards,
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    State Attorney Oliver Jenkins
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

Motion for Summary Judgement
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Motion for Summary Judgement
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Honorable : Roy Duke-Judge
  • We the respondent in the case below are requesting a summary judgement.
    Assigned Court Case Number: #21-10-09-AP-016
    Requesting Party: Respondent
    Party Members: Los Santos Sheriff's Department represented by Oliver Jenkins
    Reasoning: Traffic Stop was legitimate and appellant stated they ran from police.
    Detailed explanation:
    The arrest report states that the appellant, Charlie Bankshot, was driving in the emergency lane to perform an illegal U-turn. Even if the appellant drove the motorcycle close to the road, it is reasonable for an officer of the state to conduct a traffic stop to check for a license. It is also likely that this was not the first time the vehicle was driving on the pavement as it could have been observed by another officer. Charlie Bankshot was pulled over by Former Master Deputy Sergio Livanos. Rather than talk to the officers, they decided that it would be best to flee from the Sheriff's Department in a high speed chase on the highway. The appellant risked many lives on the road including their own and those of the Sheriff's Department simply because the motorcycle they were driving was not theirs. The carelessness and recklessness of the actions the appellant took gave them the Felony Evading charge which is justified by the pursuit the appellant started.
    Thank you for your consideration.
Sincerely
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Hugh Allgood »

Motion to Suppress
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Motion to Suppress
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Honorable : Roy Duke-Judge
  • We the appellate in the case below are requesting that certain evidence be inadmissible in court.
    Assigned Court Case Number: 21-10-09-AP-016
    Requesting Party: Hugh R. Allgood, attorney for Charlie Bankshot
    Party Members: Charlie Bankshot vs. Los Santos County Sheriff's Department
    Requested Evidence to Suppress: The arrest of Charlie Bankshot and any evidence obtained afterwards.
    Detailed explanation:
    According to my client, she was stopped by the Sheriff's Department after riding a friend's bike off-road. It is not illegal to ride a bike off-road, and road-rules do not apply in this locale. Former Deputy Sergio Livanos stated my client was riding in the incorrect lane of travel to make an illegal U-turn. The two statements are in direct conflict from one another. From Deputy Livano's statement, it is not clear if my client did indeed make this U-turn. As a result, there is not clear evidence of the legal reason for Deputy Livanos to attempt to even stop my client.

    The only statement I received in response to my motion for discovery was from Lieutenant Porter who was not involved in anything other than the pursuit following the stop. Without a statement from Deputy Livanos, or something to show which version of events is correct, we are left not knowing. I seek to suppress the evidence obtained from Lieutenant Porter on grounds of the invalid traffic stop, and the arrest of Ms. Bankshot entirely.

    It is the burden of the Sheriff's Department to prove these charges against my client, however, the very nature of the traffic stop is unclear from the arrest report, and I have not received any response back on my request for discovery from Deputy Livanos.

    Thank you for your consideration.
Sincerely
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Attorney for Charlie Bankshot
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Hugh Allgood »

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Charlie Bankshot | Charge Appeal
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  • San Andreas Appellate Court,

    I just spoke with Ms. Bankshot.

    In response to the motion filed by Attorney Jenkins, Ms. Bankshot does not have any video footage of this incident. Therefore, we are unable to turn over any evidence in response to this motion. Any documentation which would have been submitted to the court, is already in this public docket.

    From


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    San Andreas Judicial Branch
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Oliver Jenkins »

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RE: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    Sorry for my delay as I was on Leave of Absence. I have tried to contact the arresting officer multiple times but was unable to even have my emails viewed. Unfortunately, there may be no way to get in contact with him at this point. All other evidence I have collected is posted on the public docket.

  • Regards,
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    State Attorney Oliver Jenkins
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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Roy Judge »

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RE: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016
"HERE FOR YOU | SAFE FOR YOU"

  • After a preliminary hearing on 30/01/2022, the court heard motions for supression and for summary judgement in the case of Charlie Bankshot v. Los Santos County Sheriffs Department and the following was ruled:
    • The court denies the motion for suppression due to no legal precedent regarding traffic stops by law enforcement officers
    • The court grants the motion for summary judgement due to the case being built on the basis of the legality of the traffic stop and thus having no legal precedent

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Re: Charlie Bankshot v. Sheriff's Department | Docket #21-10-09-AP-016

Post by Roy Judge »

Form 3.0.5 - Issuance of Verdict

San Andreas Judicial Branch

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ISSUANCE OF VERDICT - 21-10-09-AP-016

IN THE APPEALS COURT OF SAN ANDREAS

Charlie Bankshot v. Los Santos County Sheriffs Department
21-10-09-AP-016
CHARGES BEING APPEALED:
Felony evasion


A verdict was entered in the above case on the 30th day of January, 2022.

  • The case of 21-10-09-AP-016 - Charlie Bankshot v. Los Santos County Sheriffs Department has hereby been resolved.

    The charges applied are found to be valid and appropriately placed. The appellant will face no additional sentencing or Fines.

    After a lengthy review of all evidence and statements collected a Summary Judgement was passed that the charge of Felony Evasion on the 9th of October, 2021 was the correct change & the evidence provided by the Los Santos County Sheriff's Department and the Appellant confirmed that.

    • CHARGES BEING APPEALED: Felony Evasion


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