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Joined: Aug 2001
Posts: 82,758 Likes: 553
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 82,758 Likes: 553 |
Looks like some Sunshine done fell on Lowndes County.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Oct 2010
Posts: 4,757
10 point
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10 point
Joined: Oct 2010
Posts: 4,757 |
Just curious. What all has it cost these boys? I don't mean court and lawyer fees. If they were in high school getting ready to graduate I can think of a few things it would screw up. From jobs to school applications.
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Joined: Dec 2014
Posts: 1,490
8 point
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8 point
Joined: Dec 2014
Posts: 1,490 |
Well in all fairness the dude is a judge in Lowndes county. That in its self shows he probably ain't the sharpest tool in the shed.
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Joined: Jan 2012
Posts: 10,530 Likes: 13
Booner
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Booner
Joined: Jan 2012
Posts: 10,530 Likes: 13 |
Those boys were screwed by a retired idiot. I hope they sue him and take everything he owns ! He should stop trying to be a super cop and take the time to admit he was wrong and try to repay their legal fees. He caused them let him suffer ! No kidding perch. I've never heard of anything as ridiculous as this. No probable cause or right to detain anyone. Civil rights violations and impersonating an LEO. Do judges in rural Alabama even have to graduate law school and pass the bar?   Retired GW without ID lucky he was picking on kids and not grown men. I mean a fellow pulls in behind you raising cain and claims to be an officer and has no badge. I myself would be talking back with a Shield in my hand.Folks are crazy these days and that could have got out of hand real quick especially if you haven't done nothing that your being accused off. Thank God I live in Jackson county.
Last edited by ridgestalker; 10/30/15 05:13 PM.
"The Heavens declare the glory of God;and the firmament sheweth his handiwork" Pslam 19:1
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
Those boys were screwed by a retired idiot. I hope they sue him and take everything he owns ! He should stop trying to be a super cop and take the time to admit he was wrong and try to repay their legal fees. He caused them let him suffer ! Do judges in rural Alabama even have to graduate law school and pass the bar? I slept at a Holiday Inn Express last night.... That should qualify me for judgeship in Lowndes County.......
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Joined: Mar 2015
Posts: 6,282 Likes: 30
12 point
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12 point
Joined: Mar 2015
Posts: 6,282 Likes: 30 |
Those boys were screwed by a retired idiot. I hope they sue him and take everything he owns ! He should stop trying to be a super cop and take the time to admit he was wrong and try to repay their legal fees. He caused them let him suffer ! Do judges in rural Alabama even have to graduate law school and pass the bar? I slept at a Holiday Inn Express last night.... That should qualify me for judgeship in Lowndes County....... Now that's funny! now definitely better not go to Lowndes county.
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Joined: Dec 2004
Posts: 3,996
10 point
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10 point
Joined: Dec 2004
Posts: 3,996 |
Now that the matter is final, I am at liberty to comment. I was precluded by the cannon of judicial ethics from commenting until the matter was concluded. As most of you know I am the district judge in Lowndes County. I heard this matter at the district court level and found all three defendants guilty of hunting at night, shooting from a public road and hunting by aid of a motor vehicle. At the trial, the state presented testimony from the retired game warden and the sheriffs deputies that responded to the call. Counsel for the defendants cross examined the witnesses for the state and attacked the former wardens ability to issue the warrants. He testified that he did not sign the warrants in his capacity as an officer but as someone who witnessed a misdemeanor committed in his presence, which is legally correct. After the conclusion of the states case in chief, the defendants had an opportunity to present their case, but instead of presenting any testimony they rested. The defendants did not testify or present any evidence in their defense. The state made a prima facie claim meeting all the elements of each of the charges proving their case beyond a reasonable doubt so I found all three defendants guilty of all three charges and assessed the statutorily prescribed fines. The case was appealed to circuit court where the defendants waived their right to a jury trail and tried the case as a bench trial before the circuit judge. She convicted them as well. The case was the appealed to the Alabama Court of Criminal Appeals which affirmed the convictions. The Supreme Court has now reversed the convictions and rendered the matter meaning that it is final.
I will say that there is still no doubt in my mind that one of the boys fired a rifle from that truck. Had the one who fired the shot accepted responsibility, I would have dismissed all charges against the other two defendants and allowed him to plead to shooting from a public road and dismissed the other two charges. He would have had a $1000 fine and costs to pay and that would have been the end of it. why not just charge all 3 with shooting from the road instead of all this : Code of Alabama 9-11-235. Hunting after dark � Code of Alabama 9-11-257 Hunting from a public road � Code of Alabama 220-2-11. Hunting fom a vehicle Because Rusty heard a "gun shot". Rusty wanted me to throw the book at them, so I made some stuff up. No dead deer. No shell casing. No nothing.
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Joined: Feb 2008
Posts: 3,275
10 point
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10 point
Joined: Feb 2008
Posts: 3,275 |
On an appeal does the court review both trials or just the most recent one when making a decision?
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Joined: Apr 2014
Posts: 61
spike
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spike
Joined: Apr 2014
Posts: 61 |
It is legally correct for someone to be able to sign a warrant for a misdemeanor that they witnessed. However, the Retired Game Warden, as stated in Court, only heard shots- His deposition on the warrant states that he witnessed them shoot the gun. Does hearing a noise and seeing a vehicle near by constitute "witnessing" a misdemeanor?
If simply hearing a shot, or loud noise, and seeing a vehicle nearby gives you the right to sign a warrant on someone then we are all in big trouble.
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Joined: Jan 2004
Posts: 31,681
Freak of Nature
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Freak of Nature
Joined: Jan 2004
Posts: 31,681 |
In obtaining a warrant didnt he lie and give false evidence ? He saw nothing, no shot animal was found. He heard a shot. Surely he broke some law. Isn't telling a lie to a REAL LEO a crime ?
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
It is legally correct for someone to be able to sign a warrant for a misdemeanor that they witnessed. However, the Retired Game Warden, as stated in Court, only heard shots- His deposition on the warrant states that he witnessed them shoot the gun. Does hearing a noise and seeing a vehicle near by constitute "witnessing" a misdemeanor?
If simply hearing a shot, or loud noise, and seeing a vehicle nearby gives you the right to sign a warrant on someone then we are all in big trouble. Well hell..... I hope someone ain't riding through Lowndes County and their truck backfires..... Guess they'll end up in augustus's court and found guilty cuz someone heard a gunshot in Fort Deposit.......
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Joined: Jan 2011
Posts: 6,614 Likes: 21
14 point
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14 point
Joined: Jan 2011
Posts: 6,614 Likes: 21 |
I wonder what would happen if an average citizen performed a "citizens arrest" on ole Rusty and Da Judge one night after they left the deer club, country club, etc together with a couple brewskis I their system? Something tells me it wouldn't fly.
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Joined: Oct 2013
Posts: 3,170 Likes: 6
10 point
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10 point
Joined: Oct 2013
Posts: 3,170 Likes: 6 |
About how much this cost you?
People just don't realize how easy it easy in our system to be accused of a crime that may cost $1000's or more based on false charges from law enforcement or in civil lawsuits. With the innocent to carry burden of payment! If this is the case you deserve re-imbursement.
If these kids did shoot from the road should have been accused of only that charge if more evidence was present.
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Joined: Dec 2004
Posts: 3,996
10 point
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10 point
Joined: Dec 2004
Posts: 3,996 |
Hey Augustus, we already have your post quoted. No need in deleting it now. Come on back and tell us more about this case and the good ole boy system. Man up and admit to making a mistake. You will sleep better.
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Joined: Apr 2014
Posts: 61
spike
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spike
Joined: Apr 2014
Posts: 61 |
I would like to clear up a few thing... We have learned ALOT in this process... One of the first things we learned is that there is not court reporter in District Court unless you pay for one. Had we known this, we would have had one there.
With that in mind, I can only relay to you what I heard and saw in the Lowndes County District Court and have no trial transcripts to back it up. I have tried to be honest and forth coming with all of you about this case and made no attempt to hide anything.
1. The boys did not testify in the District Court Case (we honestly thought that it would not go any further due to the lack of evidence etc.. )
2. The Retired Game Warden testified in District Court that he told the boys that he was a Lowndes County Reserve Deputy and went further to testify that he was in fact NOT a reserve Deputy. When asked why he told the boys this when he admittedly was not, he said it was to diffuse the situation.
(If I am not mistaken, this would be admitting to impersonating a peace officer in a court of law)
3. The Retired Game Warden also testified that he held the boys there and would not let them leave.
4. Both deputies were NOT present during the District Court Trial- Only one was and this was NOT the deputy who completed the paperwork. Because he was not there, we were not able to question him. If I remember correctly we were told it was his day off.
5. During closing arguments our Attorney, at the time, argued that the entire case should be null and void due to a lack of evidence and further that the Retied Game Warden who signed the initial warrants, admittedly impersonated a peace officer.
6. The District Court Judge said, when he rendered his verdict in this case that none of that matters, the �Retired Game Warden� has given this community over 20 years of good service, he is a good friend of mine and I value his opinion. GUILTY!
I cannot begin to tell you how SHOCKED we were at the verdict and what the Judge said when he rendered his decision. I was always under the impression that facts should be considered in a court of law and not friendship. It was immediately after the District Court Trail when we asked for a copy of the trial transcript , that we found out that no court reporter was present unless we paid for it. Apparently, the person who we thought was the court report, sitting up near the Judge was not. VALUABLE LESSON LEARNED!
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
Hey Augustus, we already have your post quoted. No need in deleting it now. Come on back and tell us more about this case and the good ole boy system. Man up and admit to making a mistake. You will sleep better. No chit..... He done deleted everyone of his posts..... Too late trying to hide and run now...... I'm guessing ol Milton McGregor had wished he'd opened up shop in Lowndes County now after this back scratching that's evolved......
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Joined: Jan 2011
Posts: 38,489
Boo Boo Head
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Boo Boo Head
Joined: Jan 2011
Posts: 38,489 |
Augustus 65 May have made a career ending mistake tonight by posting what he did. That just didn't sound right at all.
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Joined: Jan 2001
Posts: 29,799 Likes: 169
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,799 Likes: 169 |
I thought Terri Bozeman was the District Judge in Lowndes county. I had always heard good things about her. I guess I'm just behind the times.
Lord, please help us get our nation straightened out.
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Joined: Oct 2012
Posts: 2,220
8 point
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8 point
Joined: Oct 2012
Posts: 2,220 |
Augustus 65 May have made a career ending mistake tonight by posting what he did. That just didn't sound right at all. I would like to think that the end of his run as judge is very near.
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Joined: Jan 2001
Posts: 29,799 Likes: 169
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,799 Likes: 169 |
Augustus 65 May have made a career ending mistake tonight by posting what he did. That just didn't sound right at all. I would like to think that the end of his run as judge is very near. Not unless there are enough ALdeer members that are voters in Lowndes County. If he keeps looking out for the locals, they'll keep electing him
Lord, please help us get our nation straightened out.
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