Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

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Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by LuciferMigati »

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San Andreas Judicial Branch

[SAJB] Appeals Court
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Personal Information:
DEFENDANTS NAME: Lucifer Migati
DEFENDANTS PHONE: 2549945
DEFENDANTS ADDRESS:
ATTORNEY NAME:
ATTORNEY PHONE:
General Information:
OFFICERS NAME: James
RANK: (N/A If Unknown)
BADGE NUMBER: 07217
ATTORNEY NAME:
ATTORNEY PHONE:
Incident Information:
DATE AND TIME OF INCIDENT(s):28.11.2021 5:30 pm UTC

CHARGES BEING APPEALED:
Felony Evading

DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)

Respectful Court,

28.11.2021 I, Lucifer Migati was wrongly arrested and placed into Department of Corrections for supposedly evading from the Traffic Stop that was apperently conducted my Sheriffs Department. On that day I was involved into car accident near enterence of road called CatFish. I made 911 call in which MD responded and took me towards Paleto. I spent most of my time up there relaxing and getting better from injuries that i suffered in that car accident. As i was treated by MD , it has been diagnosed that i had broken arm , leg and few visible scratches on my head.
After getting better from injuries I was going towards my car Model Kamacho that was parked at Sandy MD area. Before i got towards Sandy , i located my car on the hillside near the East highway. I managed to get to it and i started driving towards Paleto when i got pulled over by Sherriff Hardy. After giving my licenses and everything, law enforcments told me that my car was part of the crime and it needs to be searched, I didnt want to argue with anyone and i let officers search my car. They found some clothes that were inside and made me wear it. Clothes fit description to the person that was evading from them but as i said to officers that i wasnt me and that i wasnt involved in that, that i was injured and had been transported to Paleto MD, other officer said its my problem that i didnt report car that was stolen but how could i be able to report it and even think about my car when i was in Medical centar getting my treatment done.
I dont believe that i was wrongfully accused i know that i was wrongfully accused because i wasnt part of any crime or anything that happend with that car, my car was stolen, and it was involved with the crime and real criminals left all evidence inside of it.
Signed,
Lucifer Migati

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Re: Lucifer Migati v. Sheriff's Department | Docket #

Post by Hugh Allgood »

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San Andreas Judicial Branch

Lucifer Migati | Charge Appeal
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  • San Andreas Appellate Court,

    I will represent Mr. Migati in this appeal, and will be in touch with him in the coming days to begin preparations in his defense.

    From


    Hugh R. Allgood
    State Attorney
    San Andreas Judicial Branch
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Albert Lewis
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Re: Lucifer Migati v. Sheriff's Department | Docket #

Post by Albert Lewis »

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Re: Lucifer Migati v. Sheriff's Department
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  • Your Honor,

    My name is Albert "Big Al" Lewis and i will be taking over as acting counsel for the Los Santos Sheriff's Department in this case. I shall speak with my client in preparations for upcoming motions.

  • Respectfully,
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  • Albert "Big Al" Lewis
    State Attorney
    San Andreas Judicial Branch

    464-6046
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    I am Judge Colt Daniels and I will be presiding over this case, I see that currently we have representation on both sides of this case, Attorney Allgood representing Mr. Migati, and Attorney Lewis representing the Los Santos County Sheriff's Department. At this time I will be making this case ACTIVE. I ask that both sides begin submitting all evidence and motions they wish to file within the next (7) seven days, once that is done we will schedule a hearing or trial if none need to be heard. Thank you for your continued patience as we move through the older cases on the docket.

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Hugh Allgood »

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

Honorable : Colt Daniels
  • 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.
    Lucifier Migati vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: 21-11-28-AP-019
    Requesting Party: Hugh R. Allgood (representing Lucifier Migati)
    Party Members: Lucifier Migati vs. Los Santos County Sheriff's Department
    Discovery from: Los Santos Sheriff's Department

    Type of Discovery: Document Request & Written Statement
    • Written statement from Sheriff Hardy
    • Arrest report for Lucifier Migati


    Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
    • My client's position is he was not involved in the crime the Sheriff's Department accuses him of being involved in, and the only connections the Sheriff's Department has to these charges is my client's vehicle was supposedly related to the crime and the individual who committed the crime was wearing a particular set of clothes. If this is all there is, this is a weak case at best. I could easily put on clothes worn during any crime on any citizen of this State, and that would justify criminal charges. Fortunately, this is not how charges work.

      In order to review the facts and prepare to file any further motions in this case, I would like to obtain a statement from Sheriff Hardy and a copy of the arrest report detailing how the Sheriff's Department tied my client to this vehicle and crime for which he was ultimately charged.


    Thank you for your consideration.
Sincerely
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State Attorney Hugh R. Allgood
Attorney for Lucifer Migati
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Colt Daniels
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    That Motion to Compel Discovery has been GRANTED. At Notice of Action has been sent to Sheriff Hardy for the requested information. If we do not get a response within the discovery period it will be extended to allow for the evidence to be submitted as well as additional motions to be filed on the case.

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    He is the response to the Notice of Action sent to Sheriff Hardy about the arrest of Mr. Migati, you will find that below. As this comes after the closing of the discovery period I will be reopening it for (3) three days. Once it is closed we will continue. Thank you.
    Notice of Action Response
    Pierce Hardy wrote: Sat Jan 29, 2022 1:18 pm Image
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    Los Santos County Sheriff's Department

    Personal Email
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    • Re: Notice of Action - Lucifer Migati

      Chief Justice Daniels,

      The incident is so long ago I do not have bodycam of said incident nor do I recall it.

      From the little I do remember, I was on the scene and assisting Deputy Harrington with the arrest. This is supported by the fact he wrote an arrest report for the situation - I have attached it below.

    • Regards,
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      Assistant Sheriff Pierce Hardy
      Office of the Sheriff
      Los Santos County Sheriff's Department
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    ARREST REPORT
    MUGSHOT
    SUSPECT 1 DETAILS
    • Full Name: Lucifer Migati
      Licenses Revoked: No
      Charges:
      • VF01 - Felony Evading
      How did the suspect plea to the above charges?
      Suspect pleaded not guilty to all charges.
      Additional Details (Suspect's vehicle, etc.) :
      Black Kamacho - LV8GN19M
    DEPUTY DETAILS
    • Full Name: Felix Harrington
      Badge Number: 07197
      Callsign: 11-U-47
    INCIDENT DETAILS
    • Date of Arrest: 2021-11-28
      Deputies Involved: N/A

      Provide details of the incident leading up to the arrest
      • After we lost a pursuit of the same Kamacho, we spotted it again around about 15 minutes later.
    EVIDENCE DETAILS
    • Exhibit A: N/A
    ARRESTING DEPUTY SIGNATURE
    Felix Harrington

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Hugh Allgood »

Form 3.0.1 - Court Request

San Andreas Justice Department
SAJD Hearing Request
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  • SECTION 1 - Personal Information
    1.1 Name:
    • First Name: Hugh
      Middle Name(s): Ronald
      Surname: Allgood
      Phone Number: (909) 235-6076
    SECTION 2 - Requesting Hearing
    2.1 Case Information:
    • Clients Name: Lucifer Migati
      Clients Number: (909) 254-9945
      Case Number: (If present) #21-11-28-AP-019
      Case Type: Appeal
      Times Available ((UTC)): To be determined between all parties
      Reason for Hearing: The 3-day period for discovery has passed, and myself and my client wish to get this case resolved as expeditiously as possible.
    I, Hugh R. Allgood confirm that this application is all my own work and that all the information within this application is truthful to the best of my knowledge.
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    The discovery phase has been closed on this case meaning no further evidence or motions can be submitted to the docket without specific authorization from myself and a detailed reasoning for such. With this being said and no motions needing to be heard I move to schedule a trial. Here you will find the scheduling tool, please file your availability and reach out to your client and have them file theirs as well.

    Thank you.

    Respectfully,
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    Chief Justice
    San Andreas Judicial Branch
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Albert Lewis »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Greetings Your Honor,

    I have not been able to get in contact with my client yet due to scheduling conflicts. I would like to request 72 hours to be able to speak with my client before we move to scheduling of this trial.

  • Respectfully,
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  • Albert "Big Al" Lewis
    State Attorney
    San Andreas Judicial Branch

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Hugh Allgood »

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Lucifer Migati | Charge Appeal
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  • Honorable Colt Daniels,

    I will not be available all next week due to travel out of state, and this week is particularly busy getting my presentation and other things together for this trip.

    As such, I would unfortunately request we push any hearings back until the week of 20/Feb/2022.

    From


    Hugh R. Allgood
    Senior Attorney
    San Andreas Judicial Branch
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    Due to Mr. Allgoods Leave of Absences and to allow Mr. Lewis time to meet with his client we will postpone the trial and attempt to schedule it the week of February 20th. I will put out the scheduling tool towards the end of next week to assure all parties involved are sure of their availability.

    Thank you.

    Respectfully,
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    Chief Justice
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Albert Lewis »

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San Andreas Judicial Branch

Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Greetings Your Honor and Mr. Allgood,

    I have had a chance to speak with my client and we are ready for trial scheduling for this case.

  • Respectfully,
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  • Albert "Big Al" Lewis
    Attorney at Law
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Hugh Allgood »

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San Andreas Judicial Branch

Lucifer Migati | Charge Appeal
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  • Honorable Colt Daniels,

    I have returned from my conference, and am also prepared to get this matter scheduled for a hearing/trial at the court's discretion.

    From


    Hugh R. Allgood
    Senior Attorney
    San Andreas Judicial Branch
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Albert Lewis »

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San Andreas Judicial Branch

Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

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  • Greetings Honorable Daniels and Mr. Allgood.

    After consulting with my client has worked with the arresting deputy and updated the arrest report. Along with that, the deputy was able to locate their body cam footage.

    Below I have attached the coorespondance between myself and my client to submit for review before the trial.
    Spoiler
    Victoria McJohnson wrote: Tue Feb 22, 2022 1:26 am Good Day Mr. Big al

    I will forward you the answer I got from Harrington I'm sorry I don't believe it brings a lot more to the case, but it is already that.
    If you do not have the most recent arresting report to update the case, let me know and I will forward it to you .

    Victoria McJohnson.
    -------- Original Message --------
    Subject: Re: JB Case - Lucifer Migati
    Date: Sun Feb 20, 2022 6:26 pm
    From: Felix Harrington
    To: Victoria McJohnson
    Felix Harrington wrote: Image
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    Los Santos County Sheriff's Department

    Personal Email
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    • 20/02/2022
      Sergeant McJohnson,

      Thank you for reaching out.
      When I initially became aware that Mr Migati had created this case against the Sheriff's Department, I went back and added as much detail as I could recall to the arrest report.
      I believe that occurred after Sheriff Hardy had submitted the arrest report as evidence.

      While I can't recall anything further than what is on the arrest report, I would like to let you know that the arrest report currently shared in the case was from before the new information was added.

      I did manage to find the body cam of the situation in the back of my locker. I have gone ahead and uploaded that for you below.

      Thank you.

      ((*The footage would be split into two parts.**
      *The first part would show the initial pursuit of Mr Migati's Kamacho. The driver during the pursuit would be seen wearing a white trench coat, a white undershirt, a red tie and sunglasses. The suspect would also have white hair and have an obvious scorpion tattoo on his left cheek. ((I can't recall if he has a mask on in either of the situations unfortunately.)) We would loose sight of the vehicle and eventually end the pursuit.*
      *The second part of the footage would being around 15 minutes later with myself and a couple other deputies conducting a 10-66 on said Kamacho from the previous footage. Once the driver was out and detained, the footage would show myself searching the vehicle and finding a trench coat and tie stuffed inside the glovebox. I would then be seen placing the trench coat and tie around Mr Migati and confirming to at the time Sheriff Hardy that it was an identical match to the original suspect.*))

    • Kind Regards,
      Deputy Sheriff II Felix Harrington
      Los Santos County Sheriff's Department
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  • Respectfully,
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  • Albert "Big Al" Lewis
    Attorney at Law
    San Andreas Judicial Branch

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
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  • Counselors,

    I cannot allow the evidence Attorney Lewis submitted on the 22nd of February to be used at trial or considered in the verdict due to it being submitted after the discovery period has ended.

    From this point I move to schedule a trial. Here you will find the scheduling tool. Please file your availability and get your client to do that same, once completed I will set a date.


    Respectfully,
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    Chief Justice
    San Andreas Judicial Branch
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Hugh Allgood »

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San Andreas Judicial Branch

Re: Lucifer Migati | Charge Appeal
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  • Chief Justice Daniels,

    My client may or may not be attending this trial, however, I am prepared to proceed to trial at the discretion of the court.

    From


    Hugh R. Allgood
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019
"HERE FOR YOU | SAFE FOR YOU"

  • Counselors,

    Very well Attorney Allgood, with all parties having their availability scheduled we will be setting the date. This trial will take place this Friday, February 25th at 6pm city time. This will be a public trial. I will see all parties 30 minutes prior (5:30pm) in my chambers for pretrial.

    Respectfully,
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    Chief Justice
    San Andreas Judicial Branch
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Re: Lucifer Migati v. Sheriff's Department | Docket #21-11-28-AP-019

Post by Colt Daniels »

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Form 3.0.5 - Issuance of Verdict

San Andreas Judicial Branch

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ISSUANCE OF VERDICT - 21-11-28-AP-019

IN THE APPEALS COURT OF SAN ANDREAS

Lucifer Migati v. Los Santos County Sheriff's Department
21-11-28-AP-019

  • CHARGES BEING APPEALED:
    VF01- Felony Evading

A verdict was entered in the above case on the 25th day of February, 2022.

  • The case of 21-11-28-AP-019 - Lucifer Migati v. Los Santos County Sheriff's Department has hereby been resolved.
    The appellant has hereby been found guilty. The change will be maintained on his record and he will be fined $10,000 for the court fees pertaining to the case.

    After a lengthy review of all evidence and statements collected during trial, deliberations were made and a verdict was decided. Lucifer Migati was found guilty of Felony Evading placed on the 28th day of November, in the year 2021. This case is now closed.


    • CHARGES BEING APPEALED:
      VF01 - Felony Evading


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