Ex Sheriff's deputy Charged W/ Felony Menacing - Page 2

Ex Sheriff's deputy Charged W/ Felony Menacing

This is a discussion on Ex Sheriff's deputy Charged W/ Felony Menacing within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by razor02097 He got a felony menacing charge for brandishing a holstered firearm? The Law is the Law Menacing Misdemeanor and Felony Menacing ...

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Thread: Ex Sheriff's deputy Charged W/ Felony Menacing

  1. #16
    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by razor02097 View Post
    He got a felony menacing charge for brandishing a holstered firearm?
    The Law is the Law

    Menacing Misdemeanor and Felony Menacing Law in Colorado
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  2. #17
    Member Array PaxMentis's Avatar
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    Later story:

    Ex-deputy found not guilty

    Former El Paso County Sheriff's deputy Shawn Moncalieri was acquitted Thursday of felony menacing, misdemeanor harassment and disorderly conduct charges after a four-day trial.

    The charges stemmed from an incident in April when a Colorado Springs shop owner claimed Moncalieri, a private investigator, flashed his gun and threatened him.
    DISTRICT COURT ROUNDUP | Gazette, The (Colorado Springs) Newspaper | Find Articles at BNET
    Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound.

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  3. #18
    Ex Member Array Treo's Avatar
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    My point isn't so much this guy's past but the fact that he did something that even people here don't neccessarily was all that big a deal. and it got him arrested (although ultimately aquitted)

  4. #19
    Member Array MikeFontenot's Avatar
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    Quote Originally Posted by AKsrule View Post
    Do you know anything about that law firm in your above link? I've been looking for a recommendation for a gun-knowledgeable and pro-2nd-Amendment lawyer near Boulder (e.g., through the NRA), and so far no luck.

    Mike Fontenot

  5. #20
    Distinguished Member Array BigStick's Avatar
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    People here seem to be missing a few points of the story. The article was very specific, and in legal terms, that is important. Moncalieri was not ordered to leave the store, his client Wong was. And "Moncalieri told officers Salas threatened him with a knife."


    Clearly the situation could have been handled better, but if someone threatened you or a friends with a knife, would you not at least put your hand close to your weapon to increase accesability? Yes, from the sounds of it, he "mennaced" the store owner, but only after threat of deadly force. It sounds to me like he was rightly found innocent, and regardless of his past(which was inadmissible-sp?) he was not in violation of the law, or doing anything to lose his rights. He was exercising his rights.

    I would expect people here not to jump to conclusions about this story as they did with the earlier posts.

    And to the original post, yes, this does make it very clear how carefull we need to be about our actions so we don't get into similar sittuations, regardless of the outcome.
    Last edited by BigStick; February 4th, 2010 at 05:53 PM.
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  6. #21
    Ex Member Array ShawnMoncali's Avatar
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    I'd love to hear some more from all of you...

    on what you all think you know so much about what had happened on April 1st, 2008 and the dealings leading up to my firing and whatever else you want to know? Apparently my life has become an open book! Let's talk about my life since it may interest you. I have nothing to hide and will give a "tell all" interviews; give you my opinion on issues that affect defensive carry and of course the facts to what I have inside knowledge or educated myself on and post it to this "open" forum.

    This is probably something new for you all since you can get it straight from the horses mouth. I see we have a gentleman on here from EPSO who enters into conversation saying he has information on all my dealings with the SO. I contacted him to come join us again and give us what he so much says he knows and of course the fact he's glad that I was fired and arrested. Apparently, not one of my fans.

    I'm sure I have military special ops, retired/current law enforcement, retired/current private investigators and the others that I have missed. Also included within this group is a whole bunch of "self proclaimed" experts on here I'm sure.

    Why did I enter into this forum? I've come to a realization to the truth to what I know what I've could have done differently while employed as a Deputy Sheriff with the El Paso County Sheriff's Office and what I stand by still today! This is such "Big" and thrilling news in such a big town. I view it as a big town with small minds. The dirty politics with dirty politicians...whatever juicy bad news that can be blown out into the public eye to make worse to get more media attention to sell, sell, sell.

    You have no idea how long I've been wanting to write about all of this and more.

    Can't wait to blog away. Remember a lot of what I will be saying is my opinion and a lot is also based on fact...I'll be as subjective and objective as I can be...I hope you all have thick skins...I know I do! Punch and jab away!
    Last edited by ShawnMoncali; February 13th, 2010 at 11:37 PM. Reason: I wanted more information included

  7. #22
    Ex Member Array Treo's Avatar
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    Ok , so you're here give us your side

    Why did you put your hand on your hip "indicating there was a weapon there" ?

    Did the pistol ever come out of the holster?

    Did you lose your CHP?

    Did you file charges agains the owner of the shop ( Which I assume was the place that used to be called "prince of Blades" knife shop on West Colorado Ave. )

    Give us some context and background

  8. #23
    VIP Member Array ccw9mm's Avatar
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    The Menacing law for Colorado ...

    if a person feels threatened by any means from another, the offender can be charged with Menacing.
    it could be easy for a CCW holder to get charged with this law if someone felt threatened by us due to seeing our weapon.
    Yeah, mere claims of feeling threatened are sufficient in quite a number of places across the country. It's pathetic and sad, that the mere sight of anything could be taken as grounds for ANY action of any kind.

    One would think intent has something to do with it. For a person to be guilty of a criminal act, a person must act. To simply lay there, with the gun laying there, with no active, intentional attempt at intimidating, menacing or threatening anyone, it seems impossible to conclude that a person was engaging in a criminal act. Sheer lunacy.

    Of course, if a person had intimidation, menacing or threats in mind and actively acted in order to achieve those things, that's something else entirely.

    May time save us from such corrupted and petty thinking.
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  9. #24
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Treo View Post
    Ok , so you're here give us your side

    Why did you put your hand on your hip "indicating there was a weapon there" ?

    Did the pistol ever come out of the holster?

    Did you lose your CHP?

    Did you file charges agains the owner of the shop ( Which I assume was the place that used to be called "prince of Blades" knife shop on West Colorado Ave. )

    Give us some context and background


    i think he should probably say nothing if hes smart if he is truly the person in question it can only damage him

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  10. #25
    Ex Member Array Treo's Avatar
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    He's been aquitted. The issue has been settled for all time in court. He could confess and they can't recharge him.

  11. #26
    Ex Member Array ShawnMoncali's Avatar
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    Treo, I must say after contacting 5 of the people who had to make ignorant comments to your posting, you're the only one to bless us with your presense. No sarcasm intended, I actually give you a lot of credit for coming back, so cheers to you to learn more about this incident.

    Unfortunately, Mr. Alf will not grace us with his presence! This guy doesn't even know me and has to quote the Colorado Revised Statutes and only reference Sheriff's Office policies...I must say, if you're going to be in law enforcement, you educate and train yourself to the best of your ability...training and education doesn't stop at the Academy level, College Degree level or FTO level! Just my opinion and all...

    I will try to answer your questions in order...if I don't clear something up for you, please ask away.

    Why did you put your hand on your hip "indicating there was a weapon there" ?

    Well, let me try to tell you in a shortened version, I was working that day needing to interview witnesses, that day and night, not in the best of locations in El Paso County. I did not normally go concealed, however, since I was interviewing potential aggresive witnesses on a defense case I was assigned to, I would carry. Ricardo's business partner asked me if I were busy on the 1st at noon to help Ricardo pick up a whole bunch of shirts because he couldn't make it due to some business meeting he had. I said sure since I had a meeting downtown and the "Prince of Battle" not blades...it's a print shop...there were no knives sold at this place. They printed and did embrodiery on shirts and banners.

    First, if I was looking for trouble, I wouldn't have been wearing a $1,500.00 Italian suit with dress shoes with no tread to an altercation. You did not have the privy to read the entire report and what I along with what Ricardo had told the police officer who interviewed us seperately did not make the paper. Imagine that.

    Under my long trench coat, was a suit jacket and under the suit jacket was a suit vest and under the vest was a very concealible holster for my Glock 22 attached to my belt on my right side. No one would know it was there...no one even if I was wearing a t-shirt.

    Being on the sidewalk never entering or attempting to enter the business, the POS "alleged victim" was standing at the threshold of the main doorway to his business as Ricardo and I were walking up crossing the street directly in front of the business. I only guess he saw Ricardo coming with me behind him. He immediately started talking to Ricardo in a very unpleasant, argumentative and rude tone. Ricardo never yelled...very quiet guy Ricardo is. I only met Ricardo once before...definitely a B-type of personality. After telling Ricardo off, he closed the door to the business and I walked away. I didn't know but Ricardo just stood there...I asked him later why and said he was just in amazement that how the idiot was acting. No more than 5 seconds had passed, as I was walking away, the idiot opened the door again and started to taunt and make uttering gestures to Ricardo in a threatening tone. I went back to get Ricardo and then he told his partner who was standing next to him at the doorway and, Later known to me, his girlfriend, inside to call the police because we were trespassing...hence, we were on the sidewalk never entered his business at any point. I pulled out my phone, located on my left side with my left hand telling him I was calling the police. As I started to call and back up and I looked up.

    The guy, who I have forgotten his name, but certainly can look it up or remember, was crouched down in what I describe and encountered before (varied background: as a correctional officer at an USP, three college degrees, security policeman, army officer, international policeman, college professor for the criminal justice division at a college and university, attended four law enforcement academies, combat vet [in the military and as a civilian law enforcement officer], law enforcement academy instructor, ex-deputy sheriff, swat operator/marksman-observer and a varied background in mixed martial arts-is my shortened bio prior to all this happening so I think that makes me pretty much have a excellent understanding of this topic), an aggressive-fighting stance, holding a knife, described as a small 3 1/2 serrated blade, in his right hand! I yelled knife and stepped back creating distance raising my left with cell phone still in hand, right hand and arm pulling up all the layers of clothing over my weapon. Which never came out of my holster.
    I immediately placed my right hand over my Glock. All too unbelievable yet? Yeah, I thought so too... The reason why I didn't pull out my Glock, aim and shoot this guy...know your target and beyond!!!! The target had a person standing directly inside of the threshold of the door way in the 2 1/2 position on his right side. There was also a customer approximately 8' behind him inside the store. Idiots girlfriend was standing in the immediate area and saw her too.

    My next move if it were to happen was to wait for him to lunge forward to ensure no other bystander would be possibly hit by my bullets. I continued to create the distance telling Ricardo to get back.

    To shorten this, they lied and the CSPD (two of the officers on scene, were keystone cops!) One of them was Sgt. Benjamin...this guy is so pathetic, he has one foot on a banana peel and the other in the grave. The other officer, can't remember his name at this moment (just as pathetic), screwed up the chain of evidence so bad-he had to admit his mistake to the jury, had his cell phone ring twice while testifying on the stand, and talking with the alleged victim before his testimony about what happened...and more. Officer Murray, he testified for the prosecution, but made there case lose water. It was as though he was called by my Defense attorney. My attorney didn't even question him it was that good in my favor. Oh one thing I forgot, I gave my gun up immediately when Benjiman arrived which was immediate. All of it happend all at once. I told him that POS had a knife and described it tohim...guess what Benjiman pulled out of the guy deep inside his right front pocket? A knife>what did the police do with the knife? Gave it back to the alleged victim. They had the gun to show the jury, but had to hand draw the knife in what it looked like to the jury...it was one folly after another. How did they interview everyone? All together! And so much more...you just need to ask. All in all, I was back in the courtroom in an hour after a 45 minute deliberation...not guilty on all charges. The DA compouned the charges with more than what the police did...they were after me! After I was fired, the DA's office asked for me to appear on over 20 seperate felony cases in which I arrested others on...I told them I wasn't helping them any longer...that made the DA upset!!! Hence, ironic on how everything has played out since...

    BTW, the guy was arrested 12 years prior for, get this...pulling a gun out on a customer at his place of business. They arrested him and took a plea...something I wasn't offered. He got angry on the stand about that. Talked about how proud he was to be a MMA fighter and so forth...told everyone he could handle me. I didn't know any of this until I had to hire my own seperate private investigator due to potential conflict of interests of course. We were able to bring out his history of violence and got him so angry, the DA wasn't able to stop him while being cross examined.

    The DA, oh good old John Newsome, I was directly involved in his push out of office prior to my arrest, which started in February 2008...too coincidental!

    Yes, I did lose my CCW. By that point, getting arrested and the stress of being accused of something I didnt' do...I didn't care at that point and still I don't care. I don't even have my guns anymore...just gave them away. After my incident of shooting a suspect back in 2006, I gave up my days of having weapons around.

    Did you file charges agains the owner of the shop ( Which I assume was the place that used to be called "prince of Blades" knife shop on West Colorado Ave. )

    The police would not allow me or Ricardo to file charges. Ricardo even went to the Gold Hills substation to try in report and request the arrest of the idiot (I don't remember his name, I need to still look it up). The two dumb officers made their minds up and that was it.

    To comment on Rmodel65's post, there is nothing more now of what I say anymore that can damage my image anymore than it is already is...it's damaged for good so it's time for me to speak after all this time!!! Apparently, after speaking with Dennis Huspeni, he only put in there what he wanted to about my interview...leaving the interview only when I was halfway done with what he had asked from me. Great writing from a reporter who only got 1/4 of what really happened. It doesn't matter because no one really cares to know, but my firing was a shame!!!! A huge farce of detectives, supervisors and administrators protecting there asses and made up crap to get rid of me...if anyone is interested...be more than happy to talk about that too...once again, I have nothing to lose and you can believe whatever you want...with a defamed and damaged image that I have, who is really going to believe me anyway?

    Yes, the issue is settled in court, but not in the realm of my career nor in the public's eye. This case wrapped up February 5, 2009...and look, here we are still discussing it? It doesn't matter if I did everything the witnesses said I did, or what the paper wants to report...my name is tarnished for good!!! My life was based on doing what's right, doing good, helping others in the realm of police work, investigations or the criminal justice system period! But, that's not what the general citizen will know of me...

    I was convicted by those who knew me and didn't like me for one reason or another before the trial started-that's their problem; the media; the citizens of El Paso County and of this nation and world for the sake of the Internet convicted me as being a POS...the people who knew me or still knows me now, know that I wouldn't lose control, that I'm very intelligent and have expert training and been through enough combative situations to handle it appropriately. I am here today for using my expert knowledge and handling of weapons and specialized tactics combating threats to myself and others. But, I still have the unintelligent cretins of this world along with others for a lack of a better word, who lack common sense or reasonable judgement to believe what they read or hear in the news...to pass judgement on matters they have limited knowledge and/or experience on...So, that is all I have to say for now...

    What other questions does the forum have...
    Last edited by Bumper; February 15th, 2010 at 03:30 AM. Reason: Language cleaned up

  12. #27
    Ex Member Array Treo's Avatar
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    Did the arrestring officers know your history?

    Did they know you had been formerly employed by ECSO?

    Was their attitude one of "Well we have to arrest this guy pro forma but we really don't want to" or 'OK scumbag you're goin' down"?

    As a result of this incident are you a prohibited person?

    Are you still W/ out a CHP?

    Do you find the CSPD to be ,as a rule, anti gun?

  13. #28
    Distinguished Member Array Guardian's Avatar
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    I don't have a clue what happened, but I think it's pretty good for you to come on here and give your side when you didn't have to.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

  14. #29
    Ex Member Array ShawnMoncali's Avatar
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    Well Guardian, very kind of you...thank you.

    Did the arrestring officers know your history?

    I don't believe they did...I didn't tell them anything... All they knew of me was that I had a CCW and was an officer in the military due to my I.D.'s. I "lawyered up" when knucklehead officer "Dopey" wouldn't tell me why I was being arrested. So, I wouldn't provide any additional information to him...also, it wasn't relavent to what was going on. No, but a I remember the officer saying later the reason why they arrested me, Officer Murray was the one that transported me, was all he knows was that I had a gun? But, who gives a crap about the guy with a knife! They never ran a 411 on anyone else...just me and Ricardo.

    Did they know you had been formerly employed by ECSO?

    When I contacted my attorney's, they found out when I was being processed at the police station for booking when one of my attorney's showed.

    Was their attitude one of "Well we have to arrest this guy pro forma but we really don't want to" or 'OK scumbag you're goin' down"?

    It wasn't so much of the latter because of his attitude, but I don't know. Never talked to him other than being transported to the PD. Oh yeah, he didn't even pat me down...had a full magazine, handcuffs, handcuff key and talking on my cell phone in the back of the car after he wouldn't tell me why I was being arrested. He said, he had to Mirandize me before he would tell me...what an idiot! This officer said he had 38 years experience...in what I have to say, baking cookies? He did a worst job than what an inexperienced college student studying Liberal Arts would do.

    As a result of this incident are you a prohibited person?

    No, but it doesn't matter. Not going to carry again.

    Are you still W/ out a CHP?

    As my statement above can very well answer that...

    Do you find the CSPD to be ,as a rule, anti gun?

    I wouldn't say that...let's say, if I were dealing with a situation that involved a gun and a knife...things would have been handled 180 degrees differently. It's hard to say...some officers are good and some are plain idiots who are complacent or don't further their knowledge on officer safety or the general realm of law enforcement. Never be complacent when it involves conflicting stories especially with weapons involved! When working alongside with CSPD, I found them to professional and knowledgeable; however, since my firing, I have found them to be more incompetent as I continued my defense investigations for defendants. Maybe I was blind to it when I worked with them, or just came across the cream of the crop. I believe El Paso County Sheriff's Office would have done better than these Knuckles! Even with Sheriff Maketa and Joe Breister in power.
    Last edited by Bumper; February 15th, 2010 at 03:34 AM. Reason: Cleaned up language

  15. #30
    Ex Member Array Treo's Avatar
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    Not going to carry again.
    That I disagree W/ but it is your choice.

    I originally posted your story as an example of just how easy it is to get arrested for Brandishing/ Menacing but as you've pointed out the Gazell (why does this surprise me?) only got part of the story.

    It still sounds to me like the cops decided 'somebody's going to jail"

    personally, I have never met a pro citizen carry CSPD cop (Ken Jordan may be a reason)

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