Kuroen
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Posts posted by Kuroen
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Alright, I will be granting bail for Mr. Eddie Baez.
We'll be going in recess for 24 hours as requested by the prosecution, don't be late.
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**Jason McBurnett makes his way in the court room and takes his seat before addressing the court**
Good evening. **Jason rustles through his papers before speaking** Matter of San Andreas versus Eddie Baez, I'm Court Commissioner Jason McBurnett and will be presiding over this case.
Please let's start with an attendance check for the record.
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* Jason McBurnett looks around in the courtroom, then over to the prosecutor's desk, before sighing *
If the defendant doesn't show up within 48 hours we'll proceed to summary judgment.
(( He hasn't been on the forums for an year now and I can't find him on the GTAW discord ))
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** Jason McBurnett scratches his forehead before intervening **
Gentlemen, I've heard enough.
We're currently debating whether the burden of probable cause was proven by the police officers on the scene, and whether reasonable doubt was proven, and I'll also be deciding on the motion to dismiss presented by the defense.
By analyzing Graham v. Connor, which was referenced by the defense, the following was ruled unanimously by the honorable Supreme Court:
Quote...an analysis of an excessive force claim should consider whether the search or seizure was objectively reasonable, based on how a reasonable police officer would have handled the same situation.
This means we have to look at this from a reasonable Law Enforcement Officer perspective, gentlemen.
Using the CCTV footage and dashcam audio provided in the exhibits, it seems that there is a connection between Mr. Daye and the Mister that was pulled over by the police officer, that goes further than a superficial relationship, considering the relatively sensitive information Mr. Daye had on said Mister.
Subsequently, this leads us to the conclusion that any reasonable police officer would've apprehended Mr. Daye, at least to clarify and evaluate the fast-paced situation at hand. Mr. Daye ignored the appeals to comply by the police officers and that led to a taser being deployed, allowing the apprehension. This being excessive force or not, is not a subject of this claim at the moment.
Considering the facts mentioned, and the evidence provided to this honorable court by the defense and prosecution, the burden of probable cause was proven as well as guilt beyond reasonable doubt.
Regarding the motion to dismiss presented by the defense, I'll be henceforth denying it as per the arguments presented.
Please, if no other pre-trial motions exist and evidence has all been presented, let's proceed to the opening statements starting by the prosecution.
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* Jason McBurnett makes his way into the courtroom from the chambers before taking his seat *
Good day everyone, I'm Commissioner McBurnett and I will be presiding over this case.
* He fixes his sleeves and takes a look at the documents in front of him, swiftly browsing through them *
Alright so...docket 362, the People versus Mr. Calvin Woods.
Please, are all parties present?
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Very well, I'll issue the subpoena.
SpoilerSUPERIOR COURT OF SAN ANDREAS, COUNTY OF:
BRANCH NAME: LOS SANTOS
COURTHOUSE NAME: GREG E JOPLIN
CASE NUMBER: 23GJCR00349
PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF SAN ANDREAS
DEFENDANT/RESPONDENT: TYSHAWN DAYE
FILING DATE: 30/JUL/2023
SUBPOENA (DUCES TECUM)
THE PEOPLE OF THE STATE OF SAN ANDREAS, TO:
LOS SANTOS POLICE DEPARTMENT
YOU ARE ORDERED TO APPEAR AS A WITNESS in this action UNLESS your appearance is excused by providing the documents requested in this order.
The witness has possession or control of the documents, electronically stored information, or other things listed below, and shall produce them within seventy-two hours to the Court referencing the case number in the Subpoena for Personal Appearance and Production of Records at Trial or Hearing on the header of this form:
- DASHCAM FOOTAGE & AUDIO OF PARTICIPATING LEA UNITS OTHER THAN 2T20, SHOWING THE ARREST & DETAINMENT OF MR. TYSHAWN DAYE CONDUCTED ON 24/JUL/2023
- DASHCAM FOOTAGE & AUDIO OF 2T20 STARTING FROM THE FIRST CONTACT WITH MR. TYSHAWN DAYE UP TO AND INCLUDING HIS ARREST & DETAINMENT
The documents, electronically stored information, or other things described in paragraph 1 are material to the issues involved in this case for the following reasons:
- DOCUMENTS WILL BE USED TO EVALUATE THE VALIDITY OF THE CHARGES BROUGHT FORTH IN THIS COURT
I declare under penalty of perjury under the laws of the State of San Andreas that the foregoing is true and correct.
JASON MCBURNETT
(COURT COMMISSIONER OF THE SUPERIOR COURT)
(SIGNATURE)
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* Jason McBurnett waits until the counselors are done with the discussion before talking *
Alright, I'll partially accept the moderation proposed by the defense.
Bail bond will thereby be lowered to $40,000 but electronic surveillance will be maintained as per the DAO recommendation due to the nature of the charges brought forward in this court.
* Jason jots down something on a document before passing it over to the court clerk *
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* Jason McBurnett enters the courtroom from the chambers and takes a seat *
For the matter of the People versus...Tyshawn Daye, I'm Court Commissioner McBurnett and I will be presiding over this.
Please, are all parties present?
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*Jason McBurnett arrives from the chambers and takes his seat, flipping through the docket documents*
I'm Court Commissioner McBurnett and I will be presiding over this matter.
The People versus Kobe Young, docket 23-GJCR-350... are all the parties present?
(( @craccdasafe @permafrost ))
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On 1/22/2022 at 10:18 PM, bartman said:
It is at this point the first call is received reporting an "illegal party". This call, too, has been lost by the State. Another incident of potentially exculpatory evidence lost.
"Exhibit Nine clearly shows the call about the illegal party.
On 1/22/2022 at 10:18 PM, bartman said:The tug boat crew, by their testimony, attempt to wave off the vessels with their ships horn, shouting, and evasive movements. This is responded to with shouting, heckling, and insults. including calling the Defendants slurs and egging them on to shoot them.
The testimony states they were "shouting nonsense" and nowhere does any of the defendants mention that they were calling them "slurs" or egging them on to "shoot them".
Actually, if true, the fact that the party-goers knew the defendants were armed is further proof that the shots were fired before the supposed "surrounding".
On 1/22/2022 at 10:18 PM, bartman said:Finally, one of the speed boats deliberately parks itself in the path of the Fishing Vessel. This is, very clearly, an act of aggression. If the crew does nothing, they WILL run over the party boat and be responsible for that loss of life.
We're considering that a speed boat one tenth of the size of a fishing vessel, parking itself in its path, is an "act of aggression". Towards whom, if I may ask? Towards themselves? This version of the story is improbable. Even if so, the Tugboat had just left the pier and therefore was travelling at a low speed, giving the fishers plenty of time to stop the boat and avoid causing loss of life.
On 1/22/2022 at 10:18 PM, bartman said:At some point, someone calls in the report of a tug boat being boarded.
This is just a supposition, and may very well be untrue since we don't have the evidence at hand. Considering the calls timeline specified in the arrest report, the first call was about the illegal party, rapidly followed by several emergency calls stating that shots were being fired at them from a Fishing Vessel. Lastly, a hotline call was supposedly received by the SAPR inferring that a boarding is in progress.
Now, putting aside that the call may or may have not been made, why wasn't there any mention of the supposed "boarding" during the interrogation? The defendants had all the chances to state that they were being boarded but did not, despite it playing in favour of them and not against.
Allow me a supposition as well: No boarding was actually happening and the call, if made, was just a way to cover their illegal discharge of their firearms under the pretense of self-defense later in this court.
There is no reason why respectable Government Officials would put their life in danger to supposedly stop a Fishing Vessel from simply going fishing, other than the fact that the Tugboat was a real threat to the public. This brings forth an additional, more probable, scenario where the Officials might have been effectively attempting a Citizen Arrest to prevent injury or death from occurring due to the firearms discharge.
Common law rule dictates that a warrantless arrest may be made by a private person for a felony, misdemeanor, or "breach of peace".
We can safely assume that citizen arrests can apply to different contexts, including maritime ones.
This is compatible with the calls timeline and more believable to me than the "Party-goers wanted to suicide-by-gun or boat" scenario.
The story changes constantly but one fact remains true, and is what we're currently prosecuting: Firearms have been illegally discharged from a Motor Vehicle. The defendants confessed it. and we feel like that if we had additional circumstantionary evidence we could've even proven the other charges that were dropped, but alas, we don't.
We wholeheartedly oppose this motion to dismiss, your honor."
(( @MarcusD @Ukkometso @bartman @Cocaine Capital @gunshie @Kappaurel @Revolter ))
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"I'm sorry, your honor, but we feel like the defense is pushing so hard on the Brady Motion for no good reason. An emergency call was not made in an apparently emergent situation.
if the subpoena returns the boarding call made on a non-emergency hotline, again, not accessible to us, it would be apparent to everyone in this courtroom that it was not such an emergency as it was made out to be, especially considering they resorted to opening fire.
In that case, we feel like that the Brady Motion is invalid either way as this evidence wouldn't be considered exculpatory, but likely the opposite."
(( @MarcusD @Ukkometso @bartman @Cocaine Capital @gunshie @Kappaurel @Revolter ))
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"To add to my previous statement, your honor, I would like to point out that if the call was not made on the nine-one-one emergency hotline it wouldn't be logged on the MDC and therefore not visible to us anywhere. We would like to ask for a subpoena to receive the recordings of non-emergency hotline calls made around the time and date when the situation happened. " (( Logs ))
(( @MarcusD @Ukkometso @bartman @Cocaine Capital @gunshie @Kappaurel @Revolter ))
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"Your honor, we feel like Mallory Collins' testimony is not gonna add anything relevant to the case, considering she was only called to conduct the interrogations which were recorded and can be found in Exhibit Five.
Regarding the emergency call, we've looked far and wide through the MDC database and were unable to locate a hotline call that mentions that "a boat is being boarded". "
(( @MarcusD @Ukkometso @bartman @Cocaine Capital @gunshie @Kappaurel @Revolter ))
[23GJCR00450] People of the State of San Andreas v. Charles Morrow
in Archive
Posted · Edited by Kuroen
**Jason McBurnett scratches his head before scribbling something down on a piece of paper**
While considering the current case and Mr. Morrow's previous extensive record I will be providing bail as per the conditions proposed by the prosecution..
The psychological evaluation is a normal step in the inmates intake evaluation and, considering Mr. Morrow's previous charges, it's justified and could eventually aid Mr. Morrow to talk with a professional.
Considering the seriousness of the charges brought forward by the prosecution and the fleeing risk I'm inclined to also approve the need for an electronic monitoring device on Mr. Morrow.
@Soyuz @JohnGili @Gouze @theveins