Armed man arrested as Obama left N.C. (Merged)

This is a discussion on Armed man arrested as Obama left N.C. (Merged) within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Free American I think everybody is missing a big problem here.. $100,000 bond for a MISDEMEANOR?????????????????????? It's worse than that. He's being ...

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Thread: Armed man arrested as Obama left N.C. (Merged)

  1. #31
    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by Free American View Post
    I think everybody is missing a big problem here..

    $100,000 bond for a MISDEMEANOR??????????????????????
    It's worse than that.

    He's being DENIED BAIL for that misdemeanor because the feds asked that he be denied release even if he posts bail. Thus, his bail is "excessive" under the 8th amendment.

    NC allows open carry. The guy was openly carrying a firearm. Granted it was at an airport but it wasn't within the secure areas (public rental car return parking lot). I wonder if there are any cases where the NC courts have said that a holstered firearm is not "public terror."

    Yes he's a nutjob.

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  3. #32
    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by TheoryRealm View Post
    If I, as a judge, heard the case of an idiot impersonating a police officer and armed, and speaking about wanting to see the PRESIDENT, then his bail would be MUCH higher....
    BAIL and its accompanying attributes...is often set on the premise of what you MIGHT do, hence leaving the country....et cetera. So no, it is NOT only set on your actions.

    The court should take into account:

    the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
    the character, antecedents, associations and community ties of the defendant,
    the defendantís bail record, and
    the strength of the evidence.[5]
    The court may also refuse bail:

    for the defendant's own protection;
    where the defendant is already serving a custodial sentence for another offence;
    where the court is satisfied that it has not been practicable to obtain sufficient information;
    where the defendant has already absconded in the present proceedings;
    where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;
    where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail


    C'mon people....really....it's not the friggin' mayor...
    Bail is usually set according to a specific set of bail guidelines depending on the offenses charged. It's is NOT subject to individual determination as that would lead to subjectively set bail. Subjectively set bail has been deemed to be discriminatory because minorities tend to receive higher bail than others for the same or even a lesser offense.

    (BTW, this is the same with uniform standards for sentencing. There are guidelines that the courts MUST follow.)

    So, the judge int his case could NOT just set any bail amt he wanted. There's a std bail sheet and he had to follow it. $100K for "terror of the public" is probably not the correct amt.

  4. #33
    Member Array TheoryRealm's Avatar
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    Quote Originally Posted by Rob P. View Post
    Bail is usually set according to a specific set of bail guidelines depending on the offenses charged. It's is NOT subject to individual determination as that would lead to subjectively set bail. Subjectively set bail has been deemed to be discriminatory because minorities tend to receive higher bail than others for the same or even a lesser offense.

    (BTW, this is the same with uniform standards for sentencing. There are guidelines that the courts MUST follow.)

    So, the judge int his case could NOT just set any bail amt he wanted. There's a std bail sheet and he had to follow it. $100K for "terror of the public" is probably not the correct amt.


    My POINT...was not anything about the "amount" set.
    It was pointing out to another forum member that bail is NOT set necessarily on ACTIONS....
    Stop acting like we're fightin' for "freedom". We are ALREADY....free.

  5. #34
    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by TheoryRealm View Post
    My POINT...was not anything about the "amount" set.
    It was pointing out to another forum member that bail is NOT set necessarily on ACTIONS....
    MY point is that "if I were the judge..." is not the standard by which bail can be set.


  6. #35
    VIP Member Array chiefjason's Avatar
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    I've never had a problem with OC in NC. And the local PD recently did some remedial training on OC and GATTTOTP to avoid lawsuits. If the feds pushed this issue it may be the locals that end up paying for it. I'll second State v Huntley, it deals directly with GATTTOTP in NC. From the ruling....

    "1. The offence of riding or going armed with unusual or dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State.
    2. A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
    3. The declarations of the defendant are admissible in evidence, on the part of the prosecution, as accompanying, explaining, and characterizing the acts charged."

    That said, IIRC the airport is public property. As such in NC they can ban possession of firearms in the parking lot. Not in the car, but you can't walk through the lot armed. Wonder if that has anything to do with it? If the building and parking lot are city or county owned they can post both, much like a courthouse or police dept.

    With all the volunteer firemen around here. They are going to have to come out with more details than this for me. Regardless, it seems like it was a bad plan and it definitely ended badly for him. Glad I did not need to go the Asheville this week.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

  7. #36
    Member Array TheoryRealm's Avatar
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    Quote Originally Posted by Rob P. View Post
    MY point is that "if I were the judge..." is not the standard by which bail can be set.


    Ah roger that.
    Stop acting like we're fightin' for "freedom". We are ALREADY....free.

  8. #37
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    nochkknstrps

    Quote Originally Posted by nochknstrps View Post
    Coshocton isn't too far from where I live and a few of my buddies happen to live out there and went to high school with Sean. Take time to read what the local papers have to say about him.

    Sean McVey had loaded gun near Asheville airport, police say | coshoctontribune.com | Coshocton Tribune

    Sean McVey a 'good kid,' say those who know him | coshoctontribune.com | Coshocton Tribune

    Websites reveal more about Joseph Sean McVey | coshoctontribune.com | Coshocton Tribune
    Thank you. The first story is very informative. This is someone who had earlier in the year been in trouble in another state.

    As follows from the first news story:

    "McVey had a previous brush with the law earlier this year, according to records obtained from the Coshocton County Sheriff's Office.

    On Jan. 16, McVey pulled over after he saw a man and woman stopped on the side of a road in Ohio. He asked if everything was all right, and the man ignored him, according to the records.

    "I got out of my car and quickly went to the passenger side and retrieved my handgun," McVey said in a written statement provided to the Sheriff's Office after the incident."

    In other words he got huffy because someone ignored him and he pulled a handgun; got arrested.

    Now he is found in peculiar circumstances in NC acting uh, very unwisely. Anyone not suppose his prior in Ohio had something to do with his arrest and the high bond?

  9. #38
    Member Array TheoryRealm's Avatar
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    Quote Originally Posted by Hopyard View Post
    Thank you. The first story is very informative. This is someone who had earlier in the year been in trouble in another state.

    As follows from the first news story:

    "McVey had a previous brush with the law earlier this year, according to records obtained from the Coshocton County Sheriff's Office.

    On Jan. 16, McVey pulled over after he saw a man and woman stopped on the side of a road in Ohio. He asked if everything was all right, and the man ignored him, according to the records.

    "I got out of my car and quickly went to the passenger side and retrieved my handgun," McVey said in a written statement provided to the Sheriff's Office after the incident."

    In other words he got huffy because someone ignored him and he pulled a handgun; got arrested.

    Now he is found in peculiar circumstances in NC acting uh, very unwisely. Anyone not suppose his prior in Ohio had something to do with his arrest and the high bond?

    Precisely, Hopyard.


    This guy needs his "wannabe" card signed, stamped, revoked, and posted, and his butt stuck in a jailcell for a bit until his ego catches up to reality.

    Wow...This guy gets dumber by the article.
    SMAAAaaaaaaacccckkkkKKKKKK!!
    Stop acting like we're fightin' for "freedom". We are ALREADY....free.

  10. #39
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    Some info I'll cross post from Carolina Shooters Forum and OCDO.

    From the airport press release. Nothing really new here.

    http://www.flyavl.com/news-releases/...rt-police.html

    Parking map. He was close to the terminal in the rental area.

    Asheville Regional Airport Authority's Website - Parking

    It's owned by the city of Asheville and likely falls under this. Not sure why they would use GATTTOTP though, instead of charging him with something else. If a city prohibits firearms in the building they can also prohibit them in the parking lot of those buildings per here, section f.

    http://www.ncga.state.nc.us/EnactedL...14-409.40.html

    City of Asheville ordinance

    Sec. 12-42. Firearms and weapons.
    No person shall possess, use or carry any firearm, gun, rifle, pistol, air rifle, spring gun or compressed air rifle or pistol or other similar device or weapon which impels or discharges with force any bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature, designated to penetrate and propel a bow or spring device, in any park or other city-owned facility. Further, no person shall possess, use or carry any knife, other than an ordinary pocket knife, which means a small knife, designed for carrying in a pocket or purse and which has a cutting edge and point entirety enclosed by its handle and that may not be opened by throwing, explosive or spring action, or a kitchen knife, when it is used or intended to be used for its ordinary purposes, in any park or other city-owned facility. This section shall not apply to any law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing laws or regulations while engaged in the performance of his/her official duty nor to any participant in a city-sponsored archery program or event.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

  11. #40
    Senior Member Array Free American's Avatar
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    Although I still disagree with you TheoryRealm, the bail set is based on the seriousness of the crime and the likelyhood that you will return for trial. You will not see a $100,000 bond for shoplifting, public drunkenness, traffic warrants and the like REGARDLESS of how likely it is that you will return for trial. That is what the 8th amendment would call "excessive bail" the bail is tied to the crime. Just like if you commit armed robbery, even if your brother is the prosecutor and you can't live without your prosecutor brother winding your antique artificial heart, you will not get a PR bond. $100,000 for a misdemeanor is excessive by a long shot. $15,000 is a high bail for a misdemeanor...alot of misdemeanor charges (assault included from personal experience) will be a PR bond as long as you have no priors. Thats where you just solemly swear to show up for trial.
    They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin


    Previously known as "cjm5874"

  12. #41
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    This is going to get very, very interesting. I appreciate the links to his hometown papers and reading the responses of some of his locals. Can it be that this guy is simply an immature LEO wannabe as some have suggested. Was he (with a contorted, childlike mind) at the airport to assist the other officers? Some of his past actions seem to make this a possibility. This alone would not make him a nut case. Kids have a fascination with cops and all the equipment, gear and actions that go along with it. I realize he is 23 and not a kid, but we've all met 40 year olds who seem to have never "gotten a life"
    While Obama was in town, I deliberately chose not to carry (I CC) this past weekend due to the remote possibility that I might run across him. He and his wife were here in Asheville for a simple vacation and did just that. They would just show up at places - restaurants, golfing, hiking, tennis, etc. There was no itinerary that was known by the public - if you ran across them, it was by chance. The following was a fearful scenario for me - which is why I chose not to carry this past weekend: For instance, the Obama's hiked a section of trail along the Blue Ridge Parkway Friday evening - a trail which I have often been on myself. Recently the law changed allowing handguns on the Parkway. When I hike, I carry. The Obama's ran across several people on the trail during that hour long hike - it made for some great photo ops. Certainly security was scattered all through the woods and everyone ahead on the trail was likely checked before they came within sight of the Obama's. What if security ran across me on the trail ahead of the Obama's? They show their credentials, I tell them I am carrying - as req'd by law, the President is a couple 100 yards away. What if I was open carrying?
    Does security Freak?
    Do they tackle me?
    Do they just move me out of the path and accompany me somewhere else till they finish their hike (I hope this would be the case)
    Does the press get notified about "a man with a gun in the woods near where the President was hiking??????" - probably - anyone see a snowball coming!!
    Can I trust them to be smart about this?
    What should they do?
    If security did take my gun, I don't have the faith that I would get it back.
    If they decided to label me with this "Going armed to the terror of the public," I'd be hard pressed to fight my way out of this. I just don't like this case with McVey. Its not solid. Regardless, its going to take a great lawyer to get him off and a very discerning judge and jury.

  13. #42
    Senior Member Array rmodel65's Avatar
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    this is gonna be like the Mnt Jack situation in PA and hes gonna win his case...and probably sue them over this trumped up charge
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  14. #43
    Member Array TheoryRealm's Avatar
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    Quote Originally Posted by Free American View Post
    Although I still disagree with you TheoryRealm, the bail set is based on the seriousness of the crime and the likelyhood that you will return for trial. You will not see a $100,000 bond for shoplifting, public drunkenness, traffic warrants and the like REGARDLESS of how likely it is that you will return for trial. That is what the 8th amendment would call "excessive bail" the bail is tied to the crime. Just like if you commit armed robbery, even if your brother is the prosecutor and you can't live without your prosecutor brother winding your antique artificial heart, you will not get a PR bond. $100,000 for a misdemeanor is excessive by a long shot. $15,000 is a high bail for a misdemeanor...alot of misdemeanor charges (assault included from personal experience) will be a PR bond as long as you have no priors. Thats where you just solemly swear to show up for trial.
    Well, we can agree to disagree on the bail amount, but this is tied to no "ordinary" misdemeanor, IMO. Heh, pretttttty darn serrrrious...

    The guy needs serious help, an attitude adjustment, and quite frankly, a swift kick in the ass....

    The worst part of this, is he is not helping any of us. NONE of us.
    Stop acting like we're fightin' for "freedom". We are ALREADY....free.

  15. #44
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    I thought I'd just add my 2 cents but after typing and editing this it realize it's about 14 cents worth. Here it is anyway.

    I can address the "Police Gear" since I could of been accused of something similar not long ago.
    The articles mention that he's a Ham Radio op. So am I. That usually means an antenna mounted on your car. Maybe more than one. At one point I had 4 antennas on my car.
    1- VHF/UHF ham stick
    2- CB antenna
    3- VHF/UHF scanner stick
    4- 800Mhz atenna for trunked radio systems.

    I'm a ham and CBer and a scanner hobbiest who owns/moderates a Yahoo Group for local scanner users. If the POUS was in town I'd certainly be monitoring the local LEOs. I would not go near them or the area they are operating in but I tend stay away from these types of things just in case of a potential criminal act. When Air Force One come into town many Scanner buffs are tunned in and some turn out to see the plane and it's occupants. Then there are "plane spotters" who have entire websites devoted to the Presidental aircraft. I have never wanted to "see" the President but many people have. Doesn't mean they want to shoot him. It could mean he wanted to catch a glimpse of the most famous man in the world.

    As for the "Police lights", the guy is a SKYWARN volunteer. So am I. Like many SKYWARN spotters he probably equipted his POV with yellow and/or white strobes for safety while out storm spotting. It's not uncommon at all. This also easily explains the digital video camera on his dashboard. I didn't use one when stormspotting but I had a dash cam when I ran with the local VFD. It actually was useful in the defense of a fellow firefighter who had been accused of reckless operation while enroute to a 911 call. Without the video he could have been suspended. So I'm a fan of dashcams even on personal vehicles.

    He's also a REACT volunteer. The lights are used when volunteering during REACT activities. Again, the article didn't say the lights or siren were activated.

    Someone mentioned the incident on the roadside. Here's how I read it. He saw someone broken down. Like me, he probably keeps a good jack and tools in his car and doesn't mind helping out stranded travelers. He pulled over to check if they needed any help. Like most of us here, he chose to have his gun on him. One of the motorists, in classic Sarah Brady fashon, gets upset at the sight of a citizen legally open carrying a handgun. Maybe the guy was mad about his clunker breaking down and he was going to be late for work. Who knows. McVey uses his radio in his POV to confirm that LEOs are enroute to the scene. The LEOs arrive, do the usual thing we've all read about or had to deal with ourselves when going about our day armed, ie "Sir, may I ask why you are carrying a gun on your hip?" (Answer- "Because, Officer, a cop is just too darned heavy.")

    Generally I have a probelm with the whole idea of "police gear" such as it is. Strobes are used by everyone from Vollie Firefighter/EMTs to highway workers. LEOs don't have a monopoly on having antennas on their cars either. It strikes to closely to the whole, "Well if you Open Carry then people will think you are a police officer or you will be arrested for impersonating a police officer" arguement. Heck, you don't even have to have a gun to get into this sort of trouble. I've actually known ham radio operators who were harrassed by LEOs because they were wearing portable radios on their belts equipted with speaker mikes attached to their shirts. LEOs claimed that it was impersonation because people seeing a radio with such a mike would assume the owner was a LEO.

    I'm willing to wait and give the guy a chance to make his case. I've dealt with the media and know how they can twist a story. I've dealt with LEOs and know how they can react to someone not fitting the norm. I wasn't there, I don't know the guy and I think it's premature to declare judgement on him based on what we have so far.

  16. #45
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    I think its a lot of hooey about nothing.
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