Bad: Virginia Man arrested for Brandishing...his finger (MERGED)

This is a discussion on Bad: Virginia Man arrested for Brandishing...his finger (MERGED) within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://forum.opencarry.org/forums/sh...or-Skidmark-** from the VCDL Alert today as well as opencarry.org forum VIRGINIA section The VCDL communication has the man's actual name. Below is from the ...

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Thread: Bad: Virginia Man arrested for Brandishing...his finger (MERGED)

  1. #1
    VIP Member Array BugDude's Avatar
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    Bad: Virginia Man arrested for Brandishing...his finger (MERGED)

    http://forum.opencarry.org/forums/sh...or-Skidmark-**

    from the VCDL Alert today as well as opencarry.org forum VIRGINIA section
    The VCDL communication has the man's actual name. Below is from the OC forum and refers to the victim by his screen name.


    Several weeks ago Skidmark took a notion to drive to Williamsburg from his home near Richmond, thinking that he'd take the scenic route to enjoy the fall color in the leaves along the James River. His leisurely trip was interrupted at the Surry ferry crossing; a private contractor working for VDOT to "ensure security" ordered Skidmark to get out of his car, instead of asking if he could look inside the vehicle as he is supposed to do. Perhaps the "security" contractor noticed Skidmark's GSL and VCDL magnets on the rear of the car.

    Skidmark asked the guy what authority he had for ordering him out of his car instead of simply asking him to pop the back open so they could look inside. The guy refused to answer that question, and simply reasserted his demand that Skidmark get out of the car. Skidmark elected not to take the ferry, and went to the turn-around point where he had a conversation with the "security" contractor's supervisor. When Skidmark asked him what authority the first guy had to order him out of the car, the supervisor basically called Skidmark a liar and told him that what had just happened never did happen. Skidmark pointed his finger at the supervisor, punctuating the word, "you", and said, "You don't know, you weren't there."

    The supervisor took the finger-pointing as "a threat" and ended up calling the Sheriff's office. Now, Skidmark was openly wearing his Rohrbaugh 9mm at the time, but never made any reference to it during the course of these events. A deputy showed up after a while and interviewed everyone else who was involved before getting around to talking to Skidmark. By now, Skidmark had parked and locked his car, and was never "operating a motor vehicle" during the time the deputy was present. The deputy demanded that Skidmark produce a driver's license. The deputy threatened Skidmark with unspecified criminal charges if he failed to produce the driver's license as ordered. Since Skidmark was not in, or even near, a car, he declined to do so, orally identifying himself by giving the deputy his name and address.

    At no time did Paul gesture towards, touch, mention, or make any reference to, his handgun.

    The deputy demanded that Skidmark produce "paperwork for that gun". Skidmark asked what "paperwork" the deputy was referring to and was told "We want to make sure that gun is legal."

    After finally getting the deputy to state that he was not detained and was free to leave, Skidmark got in his car and left. No attempt was made to stop him or to place him under custodial arrest for any offense.

    Much later, having arrived back at home in Chesterfield County, Skidmark was placed under full custodial arrest by five deputies from the Chesterfield County Sheriff's Office (who even brought their K-9 unit along). These men cuffed Skidmark, put him in the back of a cruiser and took him to the Chesterfield courthouse where he was fingerprinted, photographed and took him in front of a magistrate. There, Skidmark learned that he had been charged with obstruction of justice and brandishing a firearm. (Obviously, if either of these charges had been legitimate, Skidmark would have been arrested on the spot.) Skidmark had to put up a sizeable cash bond in order to secure his release, because the magistrate in Surry County had specifically marked the misdemeanor arrest warrants to prohibit release upon recognizance or by issuance of a summons. They clearly wanted Skidmark to have to go to jail pending trial.

    Several members of this Forum attended the first hearing in Surry to set the trial date fully expecting both charges to be nolle pros'ed. We were not allowed in the court room the hearing was CLOSED. Trial was set for Jan 4, 2011.

    Let me consolidate this for you Skidmark "brandished" his finger and didn't produce his papers on demand. He thought he had the situation resolved, but apparently underestimated the deputy's determination to punish him for contempt of cop the "we can do this the easy way or the hard way" type of thing.

    Like a lot of us, Skidmark is not in a position to comfortably afford the needed representation on his own. Something I think that the deputy was counting on what they don't understand is our collective resolve.

    Accordingly, we are setting up a legal defense fund for Skidmark and hope that many of you will contribute and plan to attend the trial.
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    Member Array Deuce130's Avatar
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    I wish I could say I'm surprised at this. I'm not. Just another example of LE abusing the system they enforce. Or make up as they go along.

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    VIP Member Array paramedic70002's Avatar
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    Having work experience in Surry County, and having watched the Commonwealth's Attorney leave a slime trail on the Micheal Vick affair, I am not surprised.
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    VIP Member Array BugDude's Avatar
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    If they rule in this particular case that his holstered firearm constitutes "brandishing", then that's not good for anyone. It's only a hop, skip, and a jump to printing being considered the same. Once the camel gets his nose under the tent, it's not long until his tail is inside as well.
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    VIP Member Array tkruf's Avatar
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    Quote Originally Posted by BugDude View Post
    If they rule in this particular case that his holstered firearm constitutes "brandishing", then that's not good for anyone. It's only a hop, skip, and a jump to printing being considered the same. Once the camel gets his nose under the tent, it's not long until his tail is inside as well.
    True, but you would think that since Virginia is an open carry state that they couldn't make that claim that he brandished because he was open carrying. Merely open carrying is not brandishing.
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    VIP Member Array ctsketch's Avatar
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    Since when do courts let a little thing like the law get in their way?
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    VIP Member Array paaiyan's Avatar
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    I'll be looking to see if I can spare a donation. In the meantime I added the story to my own personal website. I may not get much traffic, but it's something.
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    It will be interesting to see how this turns out. If he wins, I'd love to see him sue. In a way these guys are doing us a favor by giving us "softball" cases. Apparently this guy did everything by the book.
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    Senior Member Array CowboyColby's Avatar
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    Wow sounds like an expensive and complicated process I hope he gets out of this mess.

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    VIP Member Array Old School's Avatar
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    Cool Virginia Carry Incident.........

    http://forum.opencarry.org/forums/sh...or-Skidmark-**

    A close friend from Virginia sent me this today and asked that I pass it on.....
    "Violence is seldom the answer, but when it is the answer it is the only answer".

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    Sorry to hear about Skidmark/paul, I'll send a donation no problem this is BS. Keep us updated Old School, don't think I can make it down but I'll help out with a donation are two ?


    Here is a link to the OP without driving anti's to our site: http://edsfiles.us/paul/
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    My suspicion is that charges will end up being dropped, with the DA and LEOs being satified that the guy "learned his expensive lesson." This is where a nice lawsuit would come in.
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    Donation sent , Hope your right oldvet and it does get dropped, but it's the BS hoops that they make you jump threw, taking off from work, lawyers, money just to let ya know who's the big dog on the block.
    No free man shall ever be debarred the use of arms. -- Thomas Jefferson

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    VIP Member Array mlr1m's Avatar
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    Also sent a donation. To many people are forced to spend money they don't have when charged with crimes. The state knows that even if they lose the case the person charged is put under a huge financial burden. They use this to send the word out that we don't care about the law, fight us and you will lose either financially or criminally.

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    Member Array merlin82plus's Avatar
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    Quote Originally Posted by Coder View Post
    ... Apparently this guy did everything by the book.
    By the book, maybe. I feel for the guy in his experience with the rent-a-cops, reminds me of some TSA stories. But when a real cop asks for my license I will show it to him, if I have it - car or no car. Your approach to a situation like this has a way of influencing the outcome. Skidmark got the crappy end of the stick (no pun intended) but he helped push it in that direction, IMHO.
    Last edited by rstickle; December 9th, 2010 at 08:42 AM. Reason: Language workaround

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