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Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Mon Dec 27, 2021 8:18 pm
by IamBOBBY
San Andreas Judicial Branch
[SAJB] Appeals Court
"HERE FOR YOU | SAFE FOR YOU" |
Personal Information:
DEFENDANTS NAME: Jonathan Mcstone
DEFENDANTS PHONE: 297-4048
DEFENDANTS ADDRESS: No permanent residency
ATTORNEY NAME: Hugh R. Allgood
ATTORNEY PHONE: N/A
General Information:
OFFICERS NAME: N/A
RANK: N/A
BADGE NUMBER: N/A
ATTORNEY NAME: N/A
ATTORNEY PHONE: N/A
Incident Information:
DATE AND TIME OF INCIDENT(s): 27th December, 2021
CHARGES BEING APPEALED: Felony Evasion
DEFENDANTS STORY/OPENING STATEMENTS: I had just awoken up and taken my vehicle out of the paid parking in the city. I decided I was going to make some money so I chose to mine in the county. I proceeded to the store located behind the LS Bank in order to purchase a burger and a bottle of water and the plan was to get a pickaxe there. Before I was able to purchase said pickaxe a few sheriffs ran into the store and pointed weapons at me and ordered me to the ground, I was then placed in cuffs with no questions being asked and nothing being properly explained and taken to the prison.
(any evidence attached must pertain to or somehow involve the situation)
Signed,
Jonathan Mcstone
Re: Jonathan Mcstone | Charges appeal | 27/12/2021
Posted: Wed Dec 29, 2021 1:29 pm
by Sai Modi
Re: Jonathan Mcstone | Charges appeal | 27/12/2021
Posted: Wed Dec 29, 2021 7:27 pm
by Hugh Allgood
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Wed Feb 02, 2022 2:56 am
by Roy Judge
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Sun Feb 06, 2022 4:44 am
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.
Jonathan Mcstone v. Sheriff's Department
Assigned Court Case Number: 21-12-27-AP-023
Requesting Party: Appellant
Party Members: Jonathan McStone (through Senior Attorney Hugh R. Allgood)
Discovery from: Los Santos County Sheriff's Department
Type of Discovery: Deposition & Document Request
- Document Request: Arrest report for this arrest
- Witness statements from the arresting officer and any Officers involved in the placing of charges upon my client.
Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
- Mr. McStone was charged with felony evading after being arrested within a store. As Mr. McStone stated, no questions were asked of him and there is really no explanation as to why he was charged with felony evading. Penal code VF01 stated felony evading is, "Evading police with the use of any vehicle including standard road vehicles, off road vehicles, and bicycles." From discussions with Mr. McStone, Mr. McStone is adamant he was not in a vehicle at the time of his arrest. Therefore, the appellant is requesting this discovery to explain the reasoning for the charges as placed by the Sheriff's Department.
Thank you for your consideration.
Sincerely
Senior Attorney Hugh R. Allgood
Attorney for appellant
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Tue Feb 22, 2022 11:16 am
by Roy Judge
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Wed Mar 02, 2022 6:11 pm
by Albert Lewis
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Mon Mar 07, 2022 8:19 pm
by Albert Lewis
Discovery
San Andreas Judicial Branch
Discovery
Honorable Roy Duke-Judge,
- We the consel for Los Santos Sheriff's Department in the case below are presenting our discovery to the court.
Jonathan McStone v. Los Santos Sheriff's Department
Assigned Court Case Number: 21-12-27-AP-023
Requesting Party: Appellant
Party Members: Jonathan McStone (through Senior Attorney Hugh R. Allgood)
Exhibit #1: Arrest Report
Type of Discovery: Deposition & Document Request
All Information from the Discovery
ARREST REPORT
MUGSHOT
SUSPECT 1 DETAILS
-
Full Name: Jonathan McStone
Licenses Revoked: Yes
Charges:
How did the suspect plea to the above charges?
Suspect pleaded guilty to all charges.
Additional Details (Suspect's vehicle, etc.) :
Blue Sentinel.
DEPUTY DETAILS
- Full Name: Madison Hall
Badge Number: 11516
Callsign: 12-R-17
INCIDENT DETAILS
- Date of Arrest: 2021-12-27
Deputies Involved: Pierce Hardy & others.
Provide details of the incident leading up to the arrest
- My unit was driving north bound past Legion Square, when we noticed a blue vehicle driving incredibly fast. We chased the vehicle and took it to TAC, before he stopped outside a grocery store behind Los Santos bank. We got the man on gunpoint and arrested him without and complications.
EVIDENCE DETAILS
ARRESTING DEPUTY SIGNATURE
Exhibit #2: Interview with Officer Madison Hall
Type of Discovery: Deposition & Document Request
All Information from the Discovery
-
San Andreas Judicial Branch
Official Witness Statement
"HERE FOR YOU | SAFE FOR YOU"
Case Information
- Case Number: 21-12-27-AP-023
Incident Date: 27/DEC/2021
Witness Information
- Name: Madison Hall
Date of Birth: 03/MAY/1999
Phone Number: 344-2375
Occupation: Police Officer in Los Santos Police Department
Witness Statement
- [During a patrol, myself and my partner saw a vehicle drive past us by the parking lot in the city. The vehicle drove past us in a high speed, probably about 150+ km/h. The vehicle didn't stop for approximately 20-30 seconds, and therefore we called it in for a pursuit. The vehicle finally stopped at the Zeta Store, behind Los Santos bank. The suspect jumped out the vehicle after parking the vehicle on the sidewalk, and ran inside the store. He was given demands, and put in custody inside the store. Mr McStone was confused and stated he didn't rob the store, which we explained wasn't the reason for the arrest. We explained that we chased the suspect and he failed to stop to lights and sirens. He got charged for felony evading and brought to DOC by another unit.]
Witness Affirmation
- I, [Madison Hall], affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
Signed,
[Madison Hall]
[Police Officer II]
[Los Santos Police Department]
Date: [5/MAR/2022]
Sincerely,
Albert "Big Al" Lewis
State Attorney
San Andreas Judicial Branch
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Mon Mar 07, 2022 9:52 pm
by Hugh Allgood
Exigent Ex-Parte Motion
Honorable Duke-Judge,
I am filing two
exigent motions in tandem in reference to this case; a motion to suppress and a motion for involuntary dismissal. You will find both motions attached below:
Motion to Suppress
San Andreas Judicial Branch
Motion to Suppress
"HERE FOR YOU | SAFE FOR YOU"
Honorable :
Duke-Judge
- We the appellant in the case below are requesting that certain evidence be inadmissible in court.
Assigned Court Case Number: 21-12-27-AP-023
Requesting Party: Appellant
Party Members: Jonathan Stone (Appellant) vs. Los Santos County Sheriff's Department (respondent)
Requested Evidence to Suppress: Statement from Madison Hall and the arrest report for Jonathan Mcstone
Detailed explanation:
Counsel for the Los Santos County Sheriff's Office is intending on submitting evidence which was disclosed in violation of the proscribed discovery process. Honorable Duke-Judge began the period for discovery on 1/FEB/2022, and gave both sides 7 days to present any evidence and motions. I filed a timely motion for discovery on 5/FEB/2022. The discovery period closed on 7/FEB/2022.
Within the contested evidence released, the statement from Madison Hall (who is now listed as a Police Officer?) is dated 5/March/2022. This statement was collected well beyond the discovery period closing. Furthermore, the evidence contained within the arrest report was also provided to myself and my client beyond the discovery closing, and only in response to a hearing which we are trying to schedule to hear the facts and determine the next course of action. Counsel for the Los Santos Sheriff's Department have had ample time to provide this information in response to my motion, and have not done so.
Thank you for your consideration.
Sincerely
Senior Prosecuting Attorney
Attorney for Jonathan Mcstone
Motion for Involuntary Dismissal
San Andreas Judicial Branch
Motion for Involuntary Dismissal
"HERE FOR YOU | SAFE FOR YOU"
Honorable :
Duke-Judge
- We the appellant in the case below are requesting an involuntary dismissal from the court, please find the reason for it below.
Assigned Court Case Number: 21-12-27-AP-023
Requesting Party: Appellant
Party Members: Jonathan Stone (Appellant) vs. Los Santos County Sheriff's Department (respondent)
Involuntary Dismissal: Failure to turn over evidence in a timely manner
Detailed explanation:
As detailed in the motion to suppress, counsel for the Los Santos County Sheriff's Department did not respond to appellant's motion for discovery for over a month. Hence the reason this evidence is being requested for suppression, should this motion for involuntary dismissal fail.
Thank you for your consideration.
Sincerely
Senior Prosecuting Attorney
Attorney for Jonathan Mcstone
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Tue Mar 08, 2022 8:15 pm
by Roy Judge
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Tue Mar 08, 2022 9:24 pm
by Sai Modi
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Wed Mar 09, 2022 9:48 pm
by Roy Judge
Re: Jonathan Mcstone v. Sheriff's Department | Docket #21-12-27-AP-023
Posted: Wed Mar 09, 2022 10:06 pm
by Roy Judge
Form 3.0.5 - Issuance of Verdict
San Andreas Judicial Branch
"HERE FOR YOU | SAFE FOR YOU" |
ISSUANCE OF VERDICT - 21-12-27-AP-023
IN THE APPEALS COURT OF SAN ANDREAS
Jonathan Mcstone v. Los Santos County Sheriffs Department
21-12-27-AP-023
CHARGES BEING APPEALED:
Felony evasion
A verdict was entered in the above case on the 9th day of March, 2022.
- The case of 21-12-27-AP-023 - Jonathan Mcstone v. Los Santos County Sheriffs Department has hereby been resolved.
On the charge of VF01 - Felony Evasion, the defendant is hereby found not guilty.
After a lengthy discussion between counsel in chambers, the motion for involuntary dismissal was granted for the following reasons: The evidence was not submitted in a timely manner by original counsel. Despite the court going through internal changes at the time of the discovery period, this is not the defendants burden to bear and the case should be ruled as any under normal circumstances would.
The case is now closed.
- CHARGES BEING APPEALED:
VF01 - Felony Evasion
Appellate Judge
Appeals Court
San Andreas Judicial Branch