Eclipse Government

DEFENDANTS NAME: Dan Stanton
DEFENDANTS PHONE: 262-1628
DEFENDANTS ADDRESS: Tinsel Tower APT.167
ATTORNEY NAME: Rasheed Briggs
ATTORNEY PHONE: 315-6127

OFFICERS NAME: Jason Steel
RANK: Captain
BADGE NUMBER: N/A
ATTORNEY NAME:
ATTORNEY PHONE:

DATE AND TIME OF INCIDENT(s): 15/NOV/2021 around 6 AM

CHARGES BEING APPEALED: VM05

DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)
It started off with me seeing some of my friends getting pulled over on West Eclipse boulevard with multiple cops around. As I pulled over to speak to one of the officers Jason and Grace Steel pulled up in a police jugular and told me to keep going so I did. I took a right and went towards city hall as I turn near city hall I get pulled over and I stop immediately. Jason Steel calls for back up and PO1 Larson shows up as well as an air unit. After this Jason and Grace Steel, both step out of their vehicle and walk up to me. Jason Steel then proceeds to yell in my ear and demands that I remove my mask which I comply with. I’m then asked to step off my bike and show my license which I do as well I then ask if they want to search me because PD usually searches me and I am normally fine with that even if they don’t have the right to search me. Jason then tells me to put my hands behind my back which I believe is so they can search me so I comply with that as well. After Grace Steel cuffs me Jason then tells me I’m under arrest for VM05 when I asked how I was drunk, impaired, or distracted I’m told by both of them that I used my Bluetooth radio while on a bike so that means I’m distracted. I try to tell the officers that you are allowed to use radios while on a bike or in a vehicle but they ignore me. I am then taken to jail by officer Larson and given multiple fines and I have my license suspended for two days. When I got out I began talking with multiple officers including ones that ride motorcycles for the LSPD and I asked: “ Do you use your radio while driving around on your motorcycle?” I was told by multiple officers that everyone does and when they asked why I told them why I got arrested. They seemed confused because using a radio while on a motorcycle is not against the law but VM05 is more for the use of phones for texting and calling while on the road.
Signed,
Dan Stanton

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• Your Honor,
  
  My name is Zackery Dredd and I will act as counsel for Mr. Stanton in this case. I am familiarizing myself with the case and will be reaching out to the client to gather more information.

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Respectfully,


Zackery Dredd
State Attorney
San Andreas Judicial Branch
431-9781

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• Your Honor,
  
  I have met with my client and we are ready to proceed at the courts discretion.

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Respectfully,


Zackery Dredd
State Attorney
San Andreas Judicial Branch
431-9781

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• Counselors,
  
  I am Appellate Judge Colt Daniels and I will be the Judge on this case. This case is now marked as ACTIVE. Before any motions start getting submitted to the docket I want to clarify a couple of things;
  1. Who is Dan Stantons Attorney? Rasheed Briggs is marked on the Appeal Application however Zackery Dredd spoke with the client and stated he would be representing.
  2. The Los Santos Police Department still needs representation, I will work to find them an attorney.
  Once both issues are resolved both parties will be free to submit their evidence and motions. Thank you.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Your Honor,
  
  I had reached out to Mr. Stanton before and he expressed that Mr. Briggs never contacted him. I asked him if he wanted me to take over for him and he said yes. I assumed that Mr. Briggs had become busy with other cases.
  
  I believe Mr. Stanton forgot to amend his initial application.

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Respectfully,


Zackery Dredd
State Attorney
San Andreas Judicial Branch
431-9781

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• Your Honor,
  
  My name is Sai Modi and I will act as counsel for the Los Santos Police Department in this case. I am familiarizing myself with the case and will be reaching out to the client to gather more information.

---

Respectfully,


Sai Modi
State Attorney
San Andreas Judicial Branch
364-9436

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• Counselors,
  
  Now that we have Attorney Dredd as council for the appellant and Attorney Modi as council for the Los Santos Police Department we are good to move forward with the case. At this time I ask both parties to being submitting motions and evidence, I am aware that Captain Steel is currently on a Leave of Absence, therefore I will not be sending out Notices of Action for any information if requested until he is back at work. Thank you.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Colt Daniels

• We the prosecution 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.

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  Dan Stanton vs. Los Santos' Police Department
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Captain Jason Steel, through his attorney Sai Modi
  Party Members:

  ---

  Discovery from: Dan Stanton (The Defense)
  
  Type of Discovery: Physical Evidence & Document Request
  • Physical Evidence; Bluetooth Radio & possible bodycam footage
    Document Request; any document(s) that is submitted as evidence to the court.
  Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
  • Mr. Stanton has made the claim that he has a "Bluetooth Radio" which, to our knowledge, is not available in the city. In order to arrange a proper case, I would like to review any evidence that the defendant/appellant has submitted to the court.

  ---

  Thank you for your consideration.

Sincerely

State Attorney Sai Modi
San Andreas Judicial Branch

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• Counselors,
  
  The prosecutions Motion to Compel Discovery has been granted, however there is currently no evidence that has been summited to the court, if there was it would already been entered on the public docket. The defense is herby ordered to respond to the motion using the discovery form found here. If you do not have the evidence requested by the prosecution you are required to inform the court of such, you have 72 hours. Thank you.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Your Honor,
  
  After meeting with my client, it has been determined that he does not have any footage from the incident. He does sometimes have a body-worn camera while he is working throughout the city, but it is not something he is required to wear (as a police officer is) so he did not have it on this particular day.
  
  I am working on getting a photograph of my client's Bluetooth headset, as I don't want to deprive him of the item while the court holds on to it for evidence. I will submit that as soon as I receive it.

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Respectfully,


Zackery Dredd
State Attorney
San Andreas Judicial Branch
431-9781

San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Colt Daniels

• We the Defense 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.

  ---

  [Dan Stanton] vs. [Los Santos Police Department]
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Zackery Dredd on behalf of Dan Stanton
  Party Members:

  ---

  Discovery from: [LSPD]
  
  Type of Discovery: [Physical Evidence and Document Request]
  • We are requesting the body-worn camera footage from Jason and Grace Steel, as well as, the arrest reports that deal with the incident.
  Detailed reasoning: [Provide a detailed explanation as to the relevance of the discovery request]
  • [I would like to review the body-worn camera footage from the incident so that I may familiarize myself with the incident and see it from the perspective of our fine officers. Being that Mr. Stanton had initially filed an IA report regarding this situation, it should still be on file. I would also like to read through the arrest report so that I can better familiarize myself with the case and prepare a proper defense.]

  ---

  Thank you for your consideration.

Sincerely

State Attorney Zackery Dredd
San Andreas Judicial Branch

San Andreas Judicial Branch
Discovery

Honorable : Colt Daniels

• We the prosecution in the case below are presenting our discovery to the court.

  ---

  Dan Stanton vs. Los Santos Police Department
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Zackery Dredd on behalf of Dan Stanton
  Party Members:

  ---

  Exhibit #1: Los Santos' Police Department
  Type of Discovery: Arrest report & Document request
  ► Show Spoiler

  

Unfortunately, we no longer have dashcam or bodycam footage as we have exceeded the statue of limitation of 30 days for the request of this and it has been removed from our database.

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Respectfully,



State Attorney Sai Modi
San Andreas Judicial Branch

San Andreas Judicial Branch
Discovery

Honorable : Colt Daniels

• We the prosecution in the case below are presenting our discovery to the court.

  ---

  Dan Stanton vs. Los Santos Police Department
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Sai Modi on behalf of LSPD
  Party Members:

  ---

  Exhibit #1: Radio and Earpiece (Photographs of both)
  Type of Discovery: Physical Evidence
  ► Show Spoiler

  
  

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Respectfully,



State Attorney Zackery Dredd
San Andreas Judicial Branch

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• Your Honor,
  
  While I do not know the exact policies of the LSPD. I find it to be in bad taste that the LSPD would delete their bodycam footage when an IA report was filed the same day as the incident and a lawsuit was entered a day or so later.

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Respectfully,


Zackery Dredd
State Attorney
San Andreas Judicial Branch
431-9781

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• Counselors,
  
  Currently all motions filed have been responded to and none need to be heard, due to this I move to hear this case at trail. I ask that both sides file their availability on the scheduling tool. Once all parties involved (Both Attorneys and Clients) have filed we will set a trail date, if none of these times work we will postpone until a later date.
  
  Scheduling Tool
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Your Honor,
  
  In regards to the bodycam footage, after speaking to my client Captain Steel, I was informed that from the beginning there was never any existing body camera footage pertaining to that case, so it was never "deleted". Also, no person in the state is required by law to record themselves whilst being on their job. As for the internal policies, they are irrelevant in regards to criminal charges placed.

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Respectfully,


Sai Modi
State Attorney
San Andreas Judicial Branch
364-9436

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• Mr. Modi
  
  Very well, I am aware it is not required by law for law enforcement officers to record themselves whilst on duty, however the burden of proof is on the police department to show evidence that wrongful doing has been done from the appellant, in this case the appellant did state in his appeal that he did in fact utilize his radio whilst driving his motor bike. In the future if in my courtroom it is a "he said she said" because the officer failed to wear a body camera and there is no evidence to support the conviction I will be ruling in favor of the appellant. Please inform your client of this as I want to assure he is made clear of that information.
  
  As for this case we will be postponing the trail until I have conformation from both parties if a plea agreement will be met, if not I will be scheduling the trial. From this point forward no motions are to be submitted, the next step will be settling the case or proceeding to trial. Thank you.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Counselors,
  
  I have been informed that the plea deal has been denied, as stated previous we will now be taking this case into the courtroom for trial. No additional motions are to be filed as the discovery phase is over, as is the same for any evidence. All evidence filed thus far will be usable at trial. I will allow both sides a couple of days to properly prepare and meet with their clients before a trial date is set.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Counselors,
  
  We will begin to schedule this trial, here you will find the scheduling tool. Please put down your availability and reach out to your clients to do the same. Once we have all availabilities marked on the tool I will announce the time and date for the trial.
  
  From
  
  Appellate Judge
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Counselors,
  
  I am once again attempting to schedule this trial. Here you will find the scheduling tool, please fill it out and speak with your clients to get to fill out their availability as well. I would like to get this case concluded as soon as possible.
  
  Thank you.
  Respectfully,
  
  Chief Justice
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Counselors,
  
  It appears from the scheduling tool the only time that would work for both of you and myself is Wednesday February 9th at 8:00pm - 10:00pm. Please reach out to your clients and assure this time works for both of them, if it does we will set the date. Thank you.
  
  Respectfully,
  
  Chief Justice
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

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• Counselors,
  
  It appears that time will not work, speaking with Mr. Dredd he will have open availability all next week as will I, Please fill out this new scheduling tool and reach out to your clients to do the same should they wish to be present at the trial. Thank you.
  
  Respectfully,
  
  Chief Justice
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

San Andreas Justice Department
SAJD Court Date Change Request
"HERE FOR YOU | SAFE FOR YOU"

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Honorable : Colt Daniels

• We the prosecution in the case below are requesting a date to be postponed for court, please find a detailed reason as to our request below.

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  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: prosecution
  Party Members: Sai Modi on behalf of the Los Santos Police Department

  ---

  Detailed explanation: Since the times of the trials that the court have provided thus far arent adequate to Captain. Steel and myself, I would like to request the court to postpone the trial till after my leave of absense.
  

  ---

  Thank you for your consideration.

Sincerely

Sai Modi, Attorney-at-Law
San Andreas Judicial Branch

San Andreas Judicial Branch
Hearing Request
"HERE FOR YOU | SAFE FOR YOU"

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Honorable Colt Daniels,

• We the Respondent in the case below are requesting a hearing to be scheduled for oral arguments to be made, please find a detailed reason as to our request below.

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  Dan Stanton v. Police Department
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Prosecution/Respondent
  Party Members: Attorney Sai Modi on behalf of his client, Captain Jason Steel

  ---

  Detailed explanation:
  I would like for this case to have an opportunity at another hearing since, after some research, it was found out that there are in fact no "Bluetooth" radios or microphones and that the defendant has stated in his statement that he was using such a device which is a blatant lie, meaning he has, perjured his statements on the official public docket.

  ---

  Thank you for your consideration.

Sai Modi
Attorney-at-Law
Police Prosecution District
San Andreas Judicial Branch
364-9436

San Andreas Judicial Branch
Motion for Summary Judgment

Honorable Colt Daniels,

• We the Respondent in the case below are requesting a summary judgment.

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  Dan Stanton v. Police Department
  Assigned Court Case Number: #21-11-18-AP-015
  Requesting Party: Respondent
  Party Members: Sai Modi on behalf of his client, Captain Jason Steel

  ---

  Reasoning: The charges placed were correct.

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  Detailed explanation:
  VM05: Drunk, Impaired, or Distracted Driving, states that "Operating any type of vehicle when intoxicated with a blood alcohol percentage above 0.08%, under the influence any substance that impairs judgement and/or reaction time, or engaging in an activity which distracts the driver from driving safely." With that being said, Mr. Stanton was clearly on his motor bike and used his radio, which in fact is a normal radio that everyone else uses that requires you to click the button to talk, meaning he was operating the bike with only one of his two hands which definitely resonates with what the penal code describes as "Distracted Driving". All in all, the individual was operating his bike in a way that is completely unsafe and he could have endangered the public.
  

  ---

  Thank you for your consideration.

Respectfully,


Sai Modi
Attorney-at-Law
Police Prosecution District
San Andreas Judicial Branch
364-9436