Victim of road rage defends himself, ends up in jail & loses home & property ...


PDA






Spandauer
February 25, 2012, 09:06 PM
... DA: "current law works." :what:

Note: The victim is former LEO. While he was in jail for 112 days he got evicted from his apartment and his property (including laptop) was moved to the sidewalk by his landlord.

Read this one first:

http://www.desmoinesregister.com/article/20120222/NEWS01/302220033/Man-acquitted-in-shooting-is-happy-to-be-free-?odyssey=tab|topnews|text|News

Then this one:

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2012302230053

Ande here comes the update:

http://www.desmoinesregister.com/article/20120224/NEWS01/302240017?odyssey=mod|mostcom

Please consider to help:

Donations should be sent to Westminster Presbyterian Church, 4114 Allison Ave., Des Moines, Iowa 50310. Include a note or write on a memo line that the donation is to be used for “Jay Rodney Lewis.”


Thank you for your time!

(Attn: moderator. As I'm not a senior member here by any means & not very familiar with all rules of posting please feel free to move my posting to the appropriate forum if this one is not the right one. Im not affiliated with the victim in any way but it could be you or me and that's why I contributed. Thank you!)

If you enjoyed reading about "Victim of road rage defends himself, ends up in jail & loses home & property ..." here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Spandauer
February 25, 2012, 10:45 PM
BTW: I agree that there is a good chance that because of Mr. Lewis' ordeal the Castle Doctrine in Iowa will gain new ground and its proponents may rightfully call it in his honor "Jay Rodney Bill".

Let's hope Mr. Lewis gets fully exonerated and reimbursed for his lost property and the IA legislature & NRA seize their chance, too. This must not happen again.

Also I think Mr. Lewis' landlord and the DA should not get away just like that.

armoredman
February 25, 2012, 11:44 PM
The apartment complex should be first on the list to be sued. I noted he got the firearm used in his case returned, didn't say if his other firearms seized in the eviction were returned, which he might hold off on, having no place to store them.

Spandauer
February 25, 2012, 11:55 PM
... as their attorney won't comment.

Imagine: all your property, your history, your clothes, family pictures, laptop w/ confidential data by the curb.

bushmaster1313
February 26, 2012, 09:43 AM
Did any of the Iowa state or national gun groups get involved?

JohnBT
February 26, 2012, 09:55 AM
"came to Iowa with a permit to carry a concealed weapon."

How did he get an Iowa permit before he moved there? Hmm. Probably not.

Hacker15E
February 26, 2012, 10:00 AM
Considering there are a lot of states that have reciprocity with Iowa, I don't see anything strange about that statement.

wkumatt
February 26, 2012, 10:22 AM
Just my humble thought here. Everything that happened to this guy from shooting shooting forward reads like a Greek tragedy.

Perhaps the news article is skewing the facts but sounded a lot like he was participant in a road rage incident, not a victim of one. Did I read correctly that he attempted a left turn from in front and to the right of the fella he wound up having to shoot? Crossing the path of travel of someone who was clearly aggravated already, not wise.
I hate it for the guy, sounds like his rights were certainly infringed. It also would appear that had he made better decisions about racing a random driver, he might never have been forced to use his weapon.

Sent from my PB99400 using Tapatalk

bushmaster1313
February 26, 2012, 10:39 AM
+1

Ono shame in avoiding or retreating from a random altercation.

IAmNightMan
February 26, 2012, 12:42 PM
I almost rented an apartment from Regency last year, it is a good thing i did not. With this new insight into their practices i will do everything possible to ensure they get no business with any of my friends or relatives as well.

NavyLCDR
February 26, 2012, 01:18 PM
Also have a look at what Mas Ayoob recommends in a situation like this one:

http://armedcitizensnetwork.org/

Thank you for your time!

Mas Ayoob recommends you join a prepaid legal service and nothing else?!? Sounds like spam for a prepaid lawyer service to me.

Spandauer
February 26, 2012, 01:34 PM
Reciprocity:

http://www.ccrkba.org/?page_id=1217

Iawa honors the KS CCW.

Spandauer
February 26, 2012, 01:42 PM
1) "Mas Ayoob recommends you join a prepaid legal service ...?!" => Send him an e-mail and ask or do your homework
2) "...and nothing else?!?" => of course NOT
3) "...a prepaid legal service ..." => this is NOT a prepaid legal service
4) "Sounds like spam ... to me" => just my personal advice after having studied law myself and another extensive time reading on 2A issues in real life. I'm not affiliated with http://www.armedcitizensnetwork.com/ either.

Spandauer
February 26, 2012, 01:58 PM
As far as I know the NRA, the ACLU [!], iowagunowners.org, other gun forums and the Iowa Sportsman.com.

But PLEASE if YOU are member of a pro-gun / 2A organization feel free to forward the above information.

After all an attack on ONE legally armed citizen should be treated as an attack on ALL CCW holders / legal gun owners.

If it were you you'd be delighted to see a guy from Alaska whom you never met made a donation for your legal defense!

They can only win if they manage to divide & conquer!

NavyLCDR
February 26, 2012, 02:11 PM
Re: JohnBT "How did he get an Iowa permit before he moved there? Hmm. Probably not."
Reciprocity:

http://www.ccrkba.org/?page_id=1217

Iawa honors the KS CCW.

HOWEVER, this is what the Iowa law actually states:

http://www.iowacarry.org/download/Iowa%20Code%20Section%20724-Effective%201-1-11.pdf

724.11A Recognition.
A valid permit or license issued by another state to any nonresident of this state shall be considered to be a valid permit or license to carry weapons issued pursuant to this chapter, except that such permit or license shall not be considered to be a substitute for an annual permit to acquire pistols or revolvers issued pursuant to section 724.15.

Since Mr. Lewis was not a nonresident of Iowa - his out of state permit was invalid when he became a resident of Iowa. I'm having a hard time coming up with too much sympathy for Mr. Lewis.

Spandauer
February 26, 2012, 02:14 PM
Imagine:

You were in an accident.
You exit the vehicle to examine the damage to your car.
As you are outside of your car you are being attacked by two males from close range.
You figure you can't make it into the care again unhurt.
Are you going to run from 2 guys with a truck and 2 passengers as backup? Not in the vicinity of the incident.

BTW: Did you guys listen to the tape? How did you like the phony Des Moines Register Poll? Also: this is the same DA who thinks that evidence (even public records) has to be applied for through his office and your attorney cannot ask the agency (i.e. police) directly. So if evidence might contradict the DA's position he may not authorize its release.

Spandauer
February 26, 2012, 02:38 PM
Quote Des Moines Register: "Polk County jurors, after listening to a 911 call, found Lewis not guilty of a firearms charge on Feb. 9, and he was freed later that day."

I don't have detailled information on his CCW status. The article indicated he had a KS CCW. Perhaps he actually moved to Des Moines in the fall of 2011 (instead as reported in 2010). In that case he would not have been issued an Iowa CCW as you have to have been a resident for 3 months prior to application. Also I don't know if his status as a government official legally forced him to remain resident where his agency's headquarters are.

Be that as it may, at this time according to the resources on his case his CCW status is not in question.

Interestingly though little is known about any legal ramifications the two attackers had to face. After all at least one had a criminal record and the driver was intoxicated.

roadchoad
February 27, 2012, 04:36 PM
Since Mr. Lewis was not a nonresident of Iowa - his out of state permit was invalid when he became a resident of Iowa. I'm having a hard time coming up with too much sympathy for Mr. Lewis.

How do you know he was considered a resident? He may not have lived there 30 days, never got his Iowa driver's license, etc. Just because he moved there does not make him a resident per most legal understandings of the word.

littlebluevette
February 27, 2012, 04:40 PM
Unlike the DA the jury displayed common sense.

NavyLCDR
February 27, 2012, 05:42 PM
How do you know he was considered a resident? He may not have lived there 30 days, never got his Iowa driver's license, etc. Just because he moved there does not make him a resident per most legal understandings of the word.

Easy.

http://www.desmoinesregister.com/article/20120222/NEWS01/302220033/Man-acquitted-in-shooting-is-happy-to-be-free-?odyssey=tab|topnews|text|News

Lewis, a Kansas native, moved to West Des Moines in fall 2010 to take a job in an Internal Revenue Service call center.

Then:

Police reports and court records say Lewis’ troubles began shortly before midnight on Oct. 29.

Since he spent 112 days in jail and the article was published Feb 12, 2012 and said the jury freed him Feb 9 - simple math would indicate the Oct. 29 mentioned in the article was Oct. 29, 2011. Therefore, all indications point to the fact that he lived and worked in Iowa from Fall, 2010 (Sept-Oct) until October, 2011. That makes him a resident according to Iowa statute 321.1A:

321.1A Presumption of residency.
1. For purposes of this chapter there is a rebuttable presumption that a natural person is a resident of this state if any of the following elements exist:
a. The person has filed for a homestead tax exemption on property in this state.
b. The person is a veteran who has filed for a military tax exemption on property in this state.
c. The person is registered to vote in this state.
d. The person enrolls the person's child to be educated in a public elementary or secondary school in this state.
e. The person is receiving public assistance from this state.
f. The person resides or has continuously remained in this state for a period exceeding thirty days except for infrequent or brief absences.
g. The person has accepted employment or engages in any trade, profession, or occupation within this state, except as provided in section 321.55.

drsfmd
February 27, 2012, 06:56 PM
How is the landlord at fault? They won the court judgement for eviction, and they had to clean the apartment out.

I usually advertise an auction or gargae sale after we evict a tenant from one of my properties... I need to get that stuff out, and I need to try to recoup some of the lost rent money. I'd be thrilled if I found a big screen TV or guns... it's usually junk, cheap pots and pans, and furniture so filthy I wouldn't let my dog lay on it.

Spandauer
February 27, 2012, 08:59 PM
Constitution equals Second Amendment.
Even the - to say the least - left-leaning Des Moines Register did not indicate Mr. Lewis did not have the right - i.e. because of an invalid CCW - to defend himself against two people attacking him.
So I wonder why are we elaborating on this at this point?
I assume your intention is to keep this posting up in the forums ranking ;)
... which I appreciate!

To me the core question is the following:

Does putting somebody in jail for 3.5 months for exercising his Second Amendment RIGHT violate the "shall not be infringed" clause?

BTW: For those of you who agree that it could have happened to you & me and who want to take a stand, here comes the address to send donations (lots of guys from Iowa and I already did):

Donations should be sent to Westminster Presbyterian Church, 4114 Allison Ave., Des Moines, Iowa 50310. Include a note or write on a memo line that the donation is to be used for “Jay Rodney Lewis.”

NavyLCDR
February 27, 2012, 09:17 PM
Just playing devil's advocate here. I've seen large groups of pro-gun forum members rally behind a subject that was billed as "law abiding citizen gets screwed over for exercising 2nd Amendment rights" only to later discover that the rest of the story involved either the subject doing something incredibly stupid, or not being so law abiding as first appeared. Also, attaching the advertisement for paying a membership fee to the Armed Citizen's Legal Defense Network did not sit well with me from the very outset of this thread.

Spandauer
February 27, 2012, 10:08 PM
... did not sit well with me."

But now you had the opportunity to do some research on highroad.org for
http://armedcitizensnetwork.org/ and learn that they are really recommended by Mas Ayoob? :D

Perhaps there are other organizations out there who offer similar services ... which should be subject of another - IMO very interesting - discussion.
I did some thorough research though besides my own legal background. Among others having read several books on the legal aftermath of this specific situation I came to the conclusion that before packing you have to have a Plan B. I should say "Plan A" ["A" for attorney]. And guess what, it seems had Mr. Lewis right away had a dedicated and specialized lawyer by his side he might not have lost his property etc.

So my purpose is twofold:

1) Support Mr. Lewis (and by doing so promote the Iowa Castle Doctrine that likely will carry his name - but this is only a side-effect)
2) Make honest gun-owners like you & me aware of his ordeal and offer suggestions how to prepare for the legal battle.

Just playing devil's advocate here.

Gotcha! It would be devastating if the "Bloombergs" were able to point that out rightfully.

JohnBT
February 28, 2012, 08:31 AM
"Since Mr. Lewis was not a nonresident of Iowa - his out of state permit was invalid when he became a resident of Iowa. I'm having a hard time coming up with too much sympathy for Mr. Lewis. "

Thank you. You saved me a lot of typing.

JohnBT
February 28, 2012, 08:36 AM
"did not indicate Mr. Lewis did not have the right - i.e. because of an invalid CCW - to defend himself against two people attacking him.
So I wonder why are we elaborating on this at this point?"


I thought we were discussing the finer points of his lack of judgement and disregard for the law. I am not yet convinced he was victim and not yet convinced who the road rager was, if there actually was road rage.

To paraphrase an earlier post, I've seen too many one-sided stories here that turned out to be not quite precisely as initially presented.

John

WilleRupert
February 28, 2012, 09:45 AM
Black guys get screwed in this country. He needs to start suing and not stop until he is whole again.

Double Naught Spy
February 28, 2012, 10:58 AM
Does putting somebody in jail for 3.5 months for exercising his Second Amendment RIGHT violate the "shall not be infringed" clause?

First of all, he was not arrested for exercising his Second Amendment right. Two of the three charges were for intimidation with a weapon...which is not a right protected by the Constitution.

Jailing Lewis on charges is not a violation of his Second Amendment Right. It is part of due process of the law which has it foundation in the Constitution.

Black guys get screwed in this country. He needs to start suing and not stop until he is whole again.

I fail to see your connection with race in this case. What may or may not have happened previously to other African Americans isn't a basis for Lewis to sue.

How is the landlord at fault? They won the court judgement for eviction, and they had to clean the apartment out.

Right, it was suggested above that Lewis sue his landlord for his eviction. Given that Lewis did not meet his contractual obligations in paying rent, the landlord felt Lewis had defaulted (which he had) and took the appropriate measures. The landlord is in no way responsible for carrying a non-paying resident. More over, the lease Lewis would have signed probably explained quite clearly what consituted a default and what would happen after default. Being as Lewis would have signed the contract, then he agreed to those conditions.

I noted he got the firearm used in his case returned, didn't say if his other firearms seized in the eviction were returned, which he might hold off on, having no place to store them.

He got his .380 back because it was held by the police. His other guns likely won't be returned to him because they were likely liquidated so that the landlord could recover lost rent and expenses surrounding the eviction and reletting of the apartment.

Sam1911
February 28, 2012, 11:17 AM
But now you had the opportunity to do some research on highroad.org for ... and learn that they are really recommended by Mas Ayoob?

Spandaur, Mr. Ayoob is a member here at THR. If he feels like advocating on behalf of a commercial enterprise, I'm sure he will contact our site owner and make proper arrangements to do so. I don't think he needs your help with that.

Capisce? Savvy?

GoWolfpack
February 28, 2012, 11:25 AM
So if you're considered a resident after 30 days, but you have to be a resident for 3 months before you can get a carry permit, what do you do for the other 60 days?

NavyLCDR
February 28, 2012, 11:35 AM
I don't have detailled information on his CCW status. The article indicated he had a KS CCW. Perhaps he actually moved to Des Moines in the fall of 2011 (instead as reported in 2010). In that case he would not have been issued an Iowa CCW as you have to have been a resident for 3 months prior to application.

So if you're considered a resident after 30 days, but you have to be a resident for 3 months before you can get a carry permit, what do you do for the other 60 days?

There is no requirement in Iowa law to be a resident for 3 months before getting the permit.

Also from this document:
http://www.iowacarry.org/download/SF2379_FAQ.pdf

QUESTION: I live in another state. Can I get an Iowa nonprofessional permit to carry weapons?
ANSWER: No. Iowa nonprofessional permits to carry weapons will only be issued to qualified Iowa residents. Nonresidents will still be
able to apply for professional permits to carry weapons if needed for employment related reasons.

QUESTION: I live in another state. Will Iowa honor my concealed weapon permit issued in another state?
ANSWER: Iowa will honor any valid carry permit issued by any other state and will grant all privileges to such permit holders as those
granted to Iowa residents including the concealed or open carrying of a firearm (excluding those classified by Iowa law as offensive
weapons (federal NFA or Class 3)) and the concealed carrying of other non-firearm dangerous weapons such as knives with blades in
excess of five inches, switchblade knives, Tasers/stun guns, or any other dangerous weapon. Non-firearm dangerous weapons may be
carried openly without a permit. Non-firearm dangerous weapons may also be regulated by local ordinance that is more stringent than
Iowa law. You do not have to be a resident of the state from which your permit was issued. However, an Iowa resident may only carry
with an Iowa issued permit.

Also, notice in this document:
http://www.iowacarry.org/download/DPS_Admin_Rules.pdf

there is no 3 month residency requirement.

In fact, an Iowa resident can obtain a carry permit without even having an Iowa driver's license or Iowa ID Card.

“Identification documentation for an Iowa resident” means any of the following:
2. A motor vehicle license or nonoperator identification card that contains a
photograph of the person and that has been issued by a state other than Iowa and at
least one current document indicating Iowa residency, including a residential lease
agreement, utility bill, voter registration, tuition receipt for a college or university in Iowa,
or other documentation that is acceptable to the officer issuing the permit and that
indicates the intent of the person’s presence in Iowa is something other than merely
transitory in nature;

spandauer was mistaken. This is exactly why I refuse to jump on bandwagons simply because the driver of the bandwagon in questions beckons me to.

DaisyCutter
February 28, 2012, 11:44 AM
"came to Iowa with a permit to carry a concealed weapon."

How did he get an Iowa permit before he moved there? Hmm. Probably not.

If he was former LEO, then HR-218 may have applied.

The news reporter may not have accurately delineated between a CCW "permit" and the automatic "permission" granted to current/retired LEO.

I carry everywhere I go, save an airport, and I never give it a second thought. While I may not have a permit in a given state, my commission card and shiny thing are said to suffice per HR-218. I wouldn't fear a LEO contact in California when carrying concealed, and that state has a poor reputation as far as gun rights are concerned. I haven't carried my CCW card in years and I make a valiant effort to avoid drama off-duty.


Anyone who carries a gun should have some sort of prepaid legal representation set up. In the age of excessive litigation I think everyone needs that personal insurance, regardless of gun standing.

Spandauer
February 28, 2012, 11:51 AM
Capisce? Savvy? :confused:

NavyLCDR: Mas Ayoob recommends you join a prepaid legal service and nothing else?!? Sounds like spam for a prepaid lawyer service to me.

No comment.

Kush
February 28, 2012, 11:55 AM
How about they pass a law requiring the state or federal government to pay people's rent and maintain other similar things that would otherwise expire while the person is being held before the trial, then if the person is found guilty have the person pay the state or federal government back in fines. It is ridiculous that people's lives can just be destroyed before they are even tried for something.

Spandauer
February 28, 2012, 11:56 AM
... getting the permit."

I had to prove to my Sheriff that I had been IA resident for 3 months. Fact. However this may have changed in 2011.

docnyt
February 28, 2012, 11:57 AM
So if you're considered a resident after 30 days, but you have to be a resident for 3 months before you can get a carry permit, what do you do for the other 60 days?

Avoid getting into potentially dangerous situations.

Sam1911
February 28, 2012, 12:03 PM
Capisce? Savvy? :confused:

A couple of slang terms for "Do you understand?"

My meaning here is to kill off the side-track debate over who is, or isn't, shilling, or not shilling, for whom or what. Let's carry on the discussion of the events and the law and leave off the debate over the self-defense insurance company.

jfdavis58
February 28, 2012, 12:04 PM
This isn't addressed to anyone in particular, but...

Way too much conjecture, opinion and misrepresentation of actual law comprise most of the content---and that is sad.:banghead:

From the OPs original citations:

A bad guy got shot during some type of road incident.:)
The good guy was arrested, charged with much less than what might have been expected from reading only the first citation.:confused:
The good guy was acquitted by a jury of peers in short order.:D
The good guy was held in jail for a disturbingly long period of time before trial.:what:
The good guy is homeless and stripped of valuable possessions by an entity that pre-judged and side-stepped rational and responsible behavior.:cuss:


The OP suggests forum members make a contribution to help the good guy through these tough period.------I'm considering it.;)

NavyLCDR
February 28, 2012, 12:08 PM
I had to prove to my Sheriff that I had been IA resident for 3 months. Fact. However this may have changed in 2011.

It changed January 1, 2011, as a matter of fact. If your Sheriff required 3 months residency after January 1, 2011 they are violating state law.

Spandauer
February 28, 2012, 12:10 PM
... the shot intoxicated male w/ a criminal background?

As we're getting into discussing Mr. Lewis' legal status and making hypothetical assumptions - as at this time according to the sources I have access to his CCW is out of question - what do you think about the tape and was anybody able to find information pertaining to the other party's medical / legal condition?

Spandauer
February 28, 2012, 12:19 PM
"...the good guy through these tough period.------I'm considering it."

Amen!

I did.

"Donations should be sent to Westminster Presbyterian Church, 4114 Allison Ave., Des Moines, Iowa 50310. Include a note or write on a memo line that the donation is to be used for “Jay Rodney Lewis.”

Spandauer
February 28, 2012, 12:21 PM
Then I "misspoke" ;) in this regard. Cannot be right always and all the time.

Spandauer
February 28, 2012, 12:43 PM
IMO this case is not about race (maybe it was a contributing factor when the road rage thing initially started) but instead one of the rare cases where a CCW holder defends himself with a firearm in Des Moines (...that make it into the local media).

The more gun-haters and those who love to play the race card will hate when a bunch of predominately white guys support a black guy. (Check out Condoleeza Rice's story on how the 2A saved her uncle / dad!)

So it's the DA against 2A rather.

Also read the initially posted second link (on the phony Des Moines Register poll). It is no coincidence that those two articles appeared almost at the same time.

NavyLCDR
February 28, 2012, 01:07 PM
NavyLCDR: "3 months residency"

Then I "misspoke" in this regard. Cannot be right always and all the time.

That's not the right answer. If the sherrif is requiring 3 months residency before accepting applications, than the sherrif is violating state law and should be called to task for it. The facts would be brought to the attention of the District Court with jurisdiction over the Sherrif and the District Court would issue a Writ of Mandamus to the Sherrif ordering him to comply with the state law and accept applications from all qualified persons, and if the Sheriff failed to do so, he would be in contempt of court.

Dnaltrop
February 28, 2012, 02:03 PM
Double Naught... is there a separate news story you can reference? I don't see anything in the links given that supports your statement.

"Right, it was suggested above that Lewis sue his landlord for his eviction. Given that Lewis did not meet his contractual obligations in paying rent, the landlord felt Lewis had defaulted (which he had)"

First article says eviction proceedings began 2 weeks after the incident, and NOT for Non-payment.

"One week after the shooting, a lawyer for Regency Woods typed up a notice that eventually was posted on the door of Lewis’ apartment. It described Lewis as a “clear and present danger to the health or safety of the other tenants.” As evidence, it cited Lewis’ involvement in “an assault with a weapon within 1,000 feet of the property described above” and the fact that he’d been arrested because of it.

Court papers were filed Nov. 14 to have Lewis evicted."

Double Naught- "He got his .380 back because it was held by the police. His other guns likely won't be returned to him because they were likely liquidated so that the landlord could recover lost rent and expenses surrounding the eviction and reletting of the apartment."

The guns were not Liquidated, the police officer who let the Jailed fellow know that his stuff was on the curb collected the firearms for him on November 30th. He called first to ask if there were any family that could collect his possessions before they were stolen. The landlord only posted on his door, and as he couldn't post bail, he never knew about this before the 30th.

"Lewis learned about all this at roughly 7:30 a.m. on Nov. 30. One jail guard led him to another, who was on the phone. The deputy serving the eviction warrant wanted to know if Lewis had any relatives who could get Lewis’ belongings off the 11th Street curb.

"The evicting deputy seized four handguns, three rifles, a shotgun and a machete that had been left in the apartment. But all his clothing and furniture disappeared on Nov. 30, along with a laptop containing the only copy of his fourth novel (a western)."

~~~~

Just watched the Video, (meant not chasing the baby... rarely happens) He apparently even had arranged for his mother to pay his rent in November, the landlord just wanted him out. Period.

Very much within their rights, but having evicted a few folks (or at least being the bearer of bad news) on my Great-Grandmother's behalf... I would have at least forwarded the eviction notice to the Jail.

Spandauer
February 28, 2012, 07:13 PM
.... of the other tenants.”

Dnaltrop, I appreciate your additional information and point of view!

jfdavis58, thank you very much for your summary - you spoke out what lots of us here feel!

NavyLCDR, playing devil's advocate ... illustrates excellently how a lot of people think outside of the 2A community and how a potentially questionable CCW status might easily make a criminal out of a victim. Without you lots would have thought "clear cut case" and have moved on with life.

Dnaltrop
February 28, 2012, 10:22 PM
It's not a point of view, just experience telling me to read the full article. Everyone is guilty of skimming large blocks of text once in a while, and sometimes some very salient points can be missed.

I'm guilty of it at times myself. It's the Freakin' internet! I sure as heck won't try to read it all!! :D

The guy is working on his 4th book (or was apparently, whether or not he's published) and holds a white-collar job at the dreaded IRS (waits for the Booos to die down)

I was simply confused on where the conflicting conclusions were coming from, I wasn't seeing any other news reports in conflict with this one.

Also, as he's suing the landlord now, I'm wondering how it will affect the standing of the Eviction, if the Eviction is indeed based on his being charged with a crime that he has now been cleared of.

What if this had been a homeowner's association driving out a homeowner who legally shot assailants in front of their house?

Spandauer
February 28, 2012, 10:41 PM
... just received NRA Legislative alert:

House File 2215 (Duty to retreat) likely to be considered tomorrow (Wednesday) in the House of Representatives (http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&hbill=HF2215).

Please consider to contact your rep as the above case showed how wrong things can get easily!

GLOOB
February 28, 2012, 10:49 PM
Even if you jump to the conclusion that he was more involved in the road rage than the story indicates, the fact remains that his life was in danger.

If some nutjob in a blue Mustang raced you down the street, intentionally side-swiped you and ran you off the road, then illegally brandished an illegally carried firearm on you, illegally intimidated you with it, and had time to dial 911 before shouting multiple fake warnings to cover his murderous intent, there's no way a reasonable victim would have been shot anywhere but in the back, several hundred yards away from the scene. :) I don't think Dave Sevigny coulda made a shot on me with a .380 pocket pistol, as fast as I would have ran outta there. :)

It's hard to imagine the alleged attackers were only approaching him to exchange insurance info.

wkumatt
February 29, 2012, 12:04 AM
I don't think anyone is saying his decision to shoot wasn't justified. I believe at the point when he fired he was justified.

My point is that racing a random drunk and then attempting to turn across their path is asking to put yourself in a dangerous situation. I believe an SD shooting however justified is terrible thing to be forced to do, in my opinion one should avoid situations where gunfire becomes necessary. This man made several bad decisions that led him to a point where he was forced to shoot someone.

Maybe the silver lining is he got a drunk driver off the road that night.

Sent from my PB99400 using Tapatalk

Spandauer
February 29, 2012, 12:06 AM
Exactly.

Seems though that they picked the wrong person.

Just hope Mr. Lewis stands his ground (pun intended ;)) here in Iowa and that at this crucial moment in 2A legislature his case will help illustrating that the RKBA is very frail without further legal protection.

That's why I added the other Des Moines Register article which indicated that basically everything is just fine with the status quo of gun rights in this state. :scrutiny:

I have no idea why it is that the NRA has not come up with some sort of legal aid coverage as it's very common in Europe. Imagine how much in premiums they could generate and what the additional revenue would do to their war chest.

Alaska444
February 29, 2012, 12:44 AM
Not necessarily. I have three out of state permits from Shall Issue states. They are valid as long as they are in effect no matter where I live. I didn't see the location of the state that he had his permit or permits. If his state was Shall Issue to residents and non-residents, it would still be in effect.

Maybe I missed it, but I didn't see where his permit(s) was issued. Anyone have that answer? Obviously since he wasn't charged with illegal concealed carry, it is a moot legal issue.

Spandauer
February 29, 2012, 01:33 AM
A former security guard and law enforcement officer, Lewis also is a hunter and gun collector and came to Iowa with a permit to carry a concealed weapon.

Lewis, a 49-year-old gun collector, moved to Iowa in 2010 to take a job at an Internal Revenue Service call center. He brought with him a permit to carry a concealed weapon.

The rest were just hypothetical scenarios and the fact that his handgun was returned indicates that his CCW must not have been of relevance at this time.

Alaska444
February 29, 2012, 04:02 AM
Yesterday, 10:33 PM #53
Spandauer
Member


Join Date: November 21, 2008
Posts: 28
Alaska444: "I didn't see where his permit(s) was issued."

A former security guard and law enforcement officer, Lewis also is a hunter and gun collector and came to Iowa with a permit to carry a concealed weapon.

Lewis, a 49-year-old gun collector, moved to Iowa in 2010 to take a job at an Internal Revenue Service call center. He brought with him a permit to carry a concealed weapon.
The rest were just hypothetical scenarios and the fact that his handgun was returned indicates that his CCW must not have been of relevance at this time.


+1. The permit(s) in question must have been in effect or he would still be locked up and would most likely have been convicted. Lot's of folks have FL and UT among other Shall Issue states with the most reciprocity of the states. Those sort of permits would still be in effect even if he moved.

Still haven't seen which state he had the permit from, but it doesn't matter since he wasn't charged. One or more were still in effect obviously.

Double Naught Spy
February 29, 2012, 11:12 AM
"Right, it was suggested above that Lewis sue his landlord for his eviction. Given that Lewis did not meet his contractual obligations in paying rent, the landlord felt Lewis had defaulted (which he had)"

First article says eviction proceedings began 2 weeks after the incident, and NOT for Non-payment.

"One week after the shooting, a lawyer for Regency Woods typed up a notice that eventually was posted on the door of Lewis’ apartment. It described Lewis as a “clear and present danger to the health or safety of the other tenants.” As evidence, it cited Lewis’ involvement in “an assault with a weapon within 1,000 feet of the property described above” and the fact that he’d been arrested because of it.

Court papers were filed Nov. 14 to have Lewis evicted."

Alright, either way, the tenant violated the lease. The landlord followed the law, went through the proper legal process and got a court-ordered eviction. The court agreed with the clear and present danger concern and granted the eviction. The tenant would still be liable for the remainder of the lease, all associated expenses with the eviction, damages, cleaning, and reletting up until the apartment has been re-let.

Double Naught- "He got his .380 back because it was held by the police. His other guns likely won't be returned to him because they were likely liquidated so that the landlord could recover lost rent and expenses surrounding the eviction and reletting of the apartment."

The guns were not Liquidated, the police officer who let the Jailed fellow know that his stuff was on the curb collected the firearms for him on November 30th. He called first to ask if there were any family that could collect his possessions before they were stolen. The landlord only posted on his door, and as he couldn't post bail, he never knew about this before the 30th.

If law enforcement still had control of the firearms, why weren't they returned? Probably because they were released to the landlord as part of the recovery for what was lost by the non-payment of the remainder of the lease.

Whether or not the tenant knew about the eviction isn't material. The landlord provided proper notification to the tenant at his residence and was in compliance by Iowa law as supported by the court.

"Lewis learned about all this at roughly 7:30 a.m. on Nov. 30. One jail guard led him to another, who was on the phone. The deputy serving the eviction warrant wanted to know if Lewis had any relatives who could get Lewis’ belongings off the 11th Street curb.

"The evicting deputy seized four handguns, three rifles, a shotgun and a machete that had been left in the apartment. But all his clothing and furniture disappeared on Nov. 30, along with a laptop containing the only copy of his fourth novel (a western)."

Iowa law has no mandate for there to be a duty of the landlord to store the belongings of an evicted tenant. Abandoned property left behind by the evicted tenant can be seized by the landlord to recover lost $. The items taken by the deputy should have gone to the the landlord if the landlord claimed them as a remedy of lost rent, damages, legal fees, advertising, and other reletting expenses.

bhesler
February 29, 2012, 12:00 PM
I think the problem lies more in the application of the eviction law in regards to his lease.

"It described Lewis as a “clear and present danger to the health or safety of the other tenants.” As evidence, it cited Lewis’ involvement in “an assault with a weapon within 1,000 feet of the property described above” and the fact that he’d been arrested because of it."

He was incarcerated at the time of the eviction proceedings, and therefore not a clear and present danger, and he was evicted prior to being found guilty of assault. So it turns out that he was evicted for being involved in a self defense shooting, and deprived of his property as a result.

Dnaltrop
February 29, 2012, 12:28 PM
The firearms WERE returned Naught. When he got out of Jail.

Stop Skimming Neighbor!

As the article says, he lost "Most of his possesions" and if you read, the only Items preserved from the Curb were the firearms and a Machete.

Everything else was taken

Seizure of the Firearms is a generic term for "Taking possesion of" and does NOT mean the same thing as permanently transferring ownership.

The Landlord had a paying tenant (Via His Mother in Kansas), they weren't out any money. They evicted him for defending himself, without consideration of the truth of the situation. (or whatever version of the truth the Evidence supported)

I don't know of any state that mandates storage of an Evicted tenant's belongings, and I'm a believer in "at will" employment, and similarly a Landlord should be able to evict anyone they like as long as they follow the steps.

For them, he was Guilty the moment the Police arrived.

BTW~ "Alright, either way, the tenant violated the lease. " Self defense is a violation of the lease? That's a rider I've not seen in the finest of fine print.

gpjoe
February 29, 2012, 03:48 PM
If he were not in clear violation of his lease, why did the court allow the eviction? Is it not the resposibility of the court to ensure the eviction is legal?

Dnaltrop
February 29, 2012, 04:17 PM
Read the article gpjoe, their reason for the eviction was that the fellow presented a...

“clear and present danger to the health or safety of the other tenants.” As evidence, it cited Lewis’ involvement in “an assault with a weapon within 1,000 feet of the property described above” and the fact that he’d been arrested because of it."

This done within 2 weeks of his arrest, before his case was even heard out, and before it was ruled Self Defense.

If you read the article, the Lawyer who drafted the notice is refusing comment, but that's SOP as you never want to make commentary on ongoing litigation.

The Courts are FAR from Infallible... History has borne that out many times. Why do you think some states compensate Death-row inmates that have been cleared by years-old DNA? "Oops" lacks that certain something something.

Note- It's not the responsibility of the court to collect evidence on the part of a party who is not in attendance. Without knowing more, I'd guess that the Lawyer presented the paperwork, Mr Lewis was obviously unable to attend the event, and it was rubber-stamped through.

PS: I'm not advocating for the fellow... Just Very Pro-Reading.

Spandauer
February 29, 2012, 04:18 PM
That means BEFORE a tenant has the opportunity to defend himself in court against potentially wrongful alligations the landlord has the opportunity to evict him and confiscate his property / put it out on the curb with the consequence of it being stolen / destroyed? :scrutiny:

The question seems to be more than justified if the landlord "clearly" has that right.

I didn't know that he is actually a writer and had his latest book saved on the lap-top the landlord put outside.

To me it sounds as if Mr. Lewis wasn't the only one who discharged a firearm ... seems like there were several others who might turn out shot their own feet. :D

Double Naught Spy
February 29, 2012, 06:37 PM
The Landlord had a paying tenant (Via His Mother in Kansas), they weren't out any money. They evicted him for defending himself, without consideration of the truth of the situation. (or whatever version of the truth the Evidence supported)

Iowa has their clear and present danger law. It is specific. The landlord filed for eviction under the law with the court and it was granted by the court.

I don't know of any state that mandates storage of an Evicted tenant's belongings, and I'm a believer in "at will" employment, and similarly a Landlord should be able to evict anyone they like as long as they follow the steps.

Actually, most states do in some capacity. Iowa and Texas are not states that do. The landlord did follow the stops.

Note- It's not the responsibility of the court to collect evidence on the part of a party who is not in attendance. Without knowing more, I'd guess that the Lawyer presented the paperwork, Mr Lewis was obviously unable to attend the event, and it was rubber-stamped through.

So the landlord provided proper notification as per law. Filed in court as per law. The tenant did not respond and did not send legal representation to court and so lost the case....all by the numbers and letter of the law. It may be a shame, but everything I have read so far indicates that the landlord did not act improperly.

BTW~ "Alright, either way, the tenant violated the lease. " Self defense is a violation of the lease? That's a rider I've not seen in the finest of fine print.

Stop skimming TROP. Read the Iowa laws yourself. It isn't a rider. It is a specific law.

charlie echo
February 29, 2012, 06:56 PM
... DA: "current law works." :what:

Note: The victim is former LEO. While he was in jail for 112 days he got evicted from his apartment and his property (including laptop) was moved to the sidewalk by his landlord.

Read this one first:

http://www.desmoinesregister.com/article/20120222/NEWS01/302220033/Man-acquitted-in-shooting-is-happy-to-be-free-?odyssey=tab|topnews|text|News

Then this one:

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2012302230053

Ande here comes the update:

http://www.desmoinesregister.com/article/20120224/NEWS01/302240017?odyssey=mod|mostcom

Please consider to help:




Thank you for your time!

(Attn: moderator. As I'm not a senior member here by any means & not very familiar with all rules of posting please feel free to move my posting to the appropriate forum if this one is not the right one. Im not affiliated with the victim in any way but it could be you or me and that's why I contributed. Thank you!)
Thank you.

Reminds me that if someone wants to pass me while I'm passing then let the idiot pass.

Takes courage snd clearity to know when to press on or lay back or not react.

Dnaltrop
February 29, 2012, 07:20 PM
Ok, Fair enough, but lets actually cite the law rather than telling others to do so.

http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=562A#562A.27A

DANGER TO OTHERS.
1. Notwithstanding section 562A.27 or 648.3, if a tenant has
created or maintained a threat constituting a clear and present
danger to the health or safety of other tenants, the landlord, the
landlord's employee or agent, or other persons on or within one
thousand feet of the landlord's property, the landlord, after the
service of a single three days' written notice of termination and
notice to quit stating the specific activity causing the clear and
present danger, and setting forth the language of subsection 3 which
includes certain exemption provisions available to the tenant, may
file suit against the tenant for recovery of possession of the
premises pursuant to chapter 648, except as otherwise provided in
subsection 3. The petition shall state the incident or incidents
giving rise to the notice of termination and notice to quit. The
tenant shall be given the opportunity to contest the termination in
the court proceedings by notice thereof at least three days prior to
the hearing.

As the story states, The first notice he received was on the day his apartment was cleaned out. (unless other information that contradicts this arises) The only reason he was unable to see the notice on his door, was his financial incapacity to pay bail. Hell I wouldn't put my family through the expense either. Not to mention the disposition of first and last months rent and security deposit. , I see nothing mentioned about those.



2. A clear and present danger to the health or safety of other
tenants, the landlord, the landlord's employees or agents, or other
persons on or within one thousand feet of the landlord's property
includes, but is not limited to, any of the following activities of
the tenant or of any person on the premises with the consent of the
tenant:
a. Physical assault or the threat of physical assault.
b. Illegal use of a firearm or other weapon, the threat to
use a firearm or other weapon illegally, or possession of an illegal
firearm.

A firearm collector found to have acted in self defense, albeit well after the fact. It still remains that he used his weapon Legally at the time, and committed no assault (or was cleared of all charges, it's too bad there's no video)

Just to be clear, the ONLY charge the prosecutors attempted to press in court was reckless use of a firearm causing injury. Not assault, Not an illegal weapons charge. http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=724.30

3. This section shall not apply to a tenant if the activities
causing the clear and present danger, as defined in subsection 2, are
conducted by a person on the premises other than the tenant and the
tenant takes at least one of the following measures against the
person conducting the activities:

You're Right, you have my apologies, it IS a specific law... Right there!

a. The tenant seeks a protective order, restraining order,
order to vacate the homestead, or other similar relief pursuant to
chapter 236, 598, 664A, or 915, or any other applicable provision
which would apply to the person conducting the activities causing the
clear and present danger.
b. The tenant reports the activities causing the clear and
present danger to a law enforcement agency or the county attorney in
an effort to initiate a criminal action against the person conducting
the activities.

Ok, I'd certainly consider Shooting someone to be an extreme form of pressing charges... but the parties causing the clear and present danger have been processed by the police.

c. The tenant writes a letter to the person conducting the
activities causing the clear and present danger, telling the person
not to return to the premises and that a return to the premises may
result in a trespass or other action against the person, and the
tenant sends a copy of the letter to a law enforcement agency whose
jurisdiction includes the premises. If the tenant has previously
written a letter to the person as provided in this paragraph, without
taking an action specified in paragraph "a" or "b" or filing
a trespass or other action, and the person to whom the letter was
sent conducts further activities causing a clear and present danger,
the tenant must take one of the actions specified in paragraph
"a" or "b" to be exempt from proceedings pursuant to
subsection 1.

This part below is Mildly troubling, but again, he was not made aware of the proceedings beforehand, though his landlord was obviously aware of the incident.

However, in order to fall within the exemptions provided within
this subsection, the tenant must provide written proof to the
landlord, prior to the commencement of a suit against the tenant,
that the tenant has taken one of the measures specified in paragraphs
"a" through "c".

Well, He's certainly fulfilled his duties in being cleared of the charges and Likely pressing charges as subsection B requires.

So He needs to write a letter apparently now?

Anything else you'd like? I don't disagree with you that they had the legal right, But they certainly handled it EXTREMELY poorly, and without factual information.

Being accused of a crime is not conviction. The guy just couldn't afford lawyers or Bail.

Note- Feel free to call me a skimmer again... You're the fellow who composed Post #28 after not reading the article, and tells other people to do his work.

Bonesinium
February 29, 2012, 08:02 PM
Anyone have the specific firearm, use of force, and self defense statues? I know there are some states that cannot convict one of illegal possession in legal self defense scenarios, even if the carrying was illegal initially. I am also pretty sure all these states have a right to bear arms in their state constitution.

I find it disappointing people think what happened to him was okay, on grounds he may not have had a valid permit, by nature of essentially a technicality. So does moving mean your otherwise legal permit means you are now not capable of carrying? Furthermore, all charges were either dropped, or he was found NOT guilty of, therefore, it was determined regardless of the status of his carry permit, that he didn't do anything wrong.

From what I can tell, he was not notified of his court hearing on the eviction, because he was incarcerated. Chances are, him not being notified means the eviction process was not followed properly, and therefore his eviction illegal. In that case, someone is certainly responsible for his possessions, and that is NOT him.

I am further disappointed in the lack of discretion from the DA, though not surprised at all. I cannot even begin to count the number of times you read about prosecutors and police pursuing charges on things that anyone using any reasonable thinking would know are ridiculous. No surprise considering our flawed judicial system, which is clearly evident in this situation.

NavyLCDR
February 29, 2012, 09:22 PM
Read the article gpjoe, their reason for the eviction was that the fellow presented a...

“clear and present danger to the health or safety of the other tenants.” As evidence, it cited Lewis’ involvement in “an assault with a weapon within 1,000 feet of the property described above” and the fact that he’d been arrested because of it."

This done within 2 weeks of his arrest, before his case was even heard out, and before it was ruled Self Defense.

I think that is what is going to bury the landlord. They did not evict him for failure to pay rent. They evicted him because of the "assault with a weapon" for which he had not stood trial and for which he was found not guilty. I would think he would have a strong standing based on those grounds.

Dnaltrop
February 29, 2012, 09:38 PM
Agreed.

The big issue is on what constitutes notification.

If a landlord knows for a fact that a client is in jail, and is the sole resident of the apartment, They had to know that posting notice on his door would go unanswered. He had had contact through his mother with them about paying his rent in the interim.... they knew his temporary address, especially as they were evicting him for having been placed there. .

As referenced in the story, He didn't know he'd actually been evicted until being denied housing assistance after his release. All he knew at that point, was that his apartment had been cleared out and he was reduced to sleeping in his car. ( lucky the police seized that for him, I wonder if he had to pay Impound fees?)

The law in Iowa requires notification by Personal representative or Certified mail,

http://www.legis.state.ia.us/IACODE/2003/562A/29A.html

Spandauer
February 29, 2012, 11:47 PM
... on right to bear arms" [Wednesday 8:10 PM]

Bill sponsor Matt Windschitl, R-Missouri Valley, invoked the case of Jay Rodney Lewis when arguing for its approval. The West Des Moines man, whose story was noted in the Des Moines Register, spent 112 days in jail after firing on two men who accosted him last October. He was ultimately acquitted of counts of intimidation with a dangerous weapon and going armed with intent.

Lewis could have avoided the charges and the jail time altogether, Windschitl said, if the bill under consideration had been law. [emphasis added by me]

read the whole article:

http://blogs.desmoinesregister.com/dmr/index.php/2012/02/29/debate-is-underway-in-iowa-house-on-controversial-gun-legislation/

Spandauer
March 1, 2012, 10:35 AM
It's interesting: while Democrats were celebrating Black History Month yesterday they walked out on a black man about to be writing another chapter of Black History. :scrutiny:

To you guys from Iowa: please call your representative, give them a little "private lesson" and ask to sponsor the Jay Rodney Lewis Bill!!

Sam1911
March 1, 2012, 10:39 AM
Black History Month

It's interesting: while Democrats were celebrating Black History Month yesterday they walked out on a black man about to be writing another chapter of Black History.

Not sure where you're going with this one...

Democrats are the only ones who celebrate Black History month?

And Democrats are "walking out" on Mr. Lewis?

Or Mr. Lewis should be given special (better or worse) consideration because of his race?

Better have some specifics to back up those statements or drop that line of reasoning.

Dnaltrop
March 1, 2012, 12:02 PM
Criminy... Keep the Race out of it. You'll turn the discussion entirely from the facts and get the thread closed. The situation is entirely inflammatory enough without bringing in abstracts and derailing from Empirical evidence.

Mr Lewis hasn't mentioned race once in the video, or the articles, he's angry at the process. So stop obsessing about skin color.

Mr. Lewis is an aspiring author and gun collector, who was evicted without receiving notice, by a landlord operating without factual data, because his landlord chose to save a few bucks on certified mail, When they had full knowledge that he was unable to pay bail and return to his apartment to receive notice.

Heck, they could have told his Mother that they were evicting him when she was on the phone with them. The Landlords have no possible way to claim that they didn't know exactly where he was.

Double Naught Spy
March 1, 2012, 12:05 PM
Anything else you'd like? I don't disagree with you that they had the legal right, But they certainly handled it EXTREMELY poorly, and without factual information.

Good to see you did your reading, but you have still missed a critical point. So you can disagree all you want, but it isn't my view. It is the view of the court. So the landlord had the legal right, filed, and the court agreed.

If the landlord provided information that was not factual to the courts as you claim, I am sure that will all come out. Until that happens, however, the actions were completely legal and upheld by the court.

Being accused of a crime is not conviction.
Right, but a conviction is not a necessary criterion to the clear and present danger law. And if it was, are you saying that the court did not understand this fact?

As the story states, The first notice he received was on the day his apartment was cleaned out. (unless other information that contradicts this arises) The only reason he was unable to see the notice on his door, was his financial incapacity to pay bail.

Proper notification was apparently given and substantiated to the court. The fact that he failed to see the notice isn't the fault of the landlord or his being unable to make bail.

You seem bent on insisting that a lot of criteria were not met, but that is a perspective not shared by the court that granted the eviction. Go argue with them.

Hell I wouldn't put my family through the expense either. Not to mention the disposition of first and last months rent and security deposit. , I see nothing mentioned about those.

I am not sure of the relevances of what you would or would not put your family through matters here. So you think these monies should be returned? Why would the first month's rent be returned? Those monies were gone at the point the tenant took the keys. The deposit would also be forfieted with the eviction. Depending on the lease, the last month's may be as well.

Dnaltrop
March 1, 2012, 12:42 PM
Yes, It's good that I actually read at a nearly Robotic speeed apparently, because you weren't willing to cite any of the law yourself to make your points, much less read the article you were commenting on initially.

You can hammer on "technically they were within their rights" all you want. Technically they stuck the notice in a disused lavatory, at the bottom of a locked filing cabinet with a sign on the door reading "Beware of the Leopard".... Of course he was unable to stop them from knocking his house down for a Bypass. :)

Legal? Well that's the issue that will likely be before the court with Mr Lewis at the fore, but that's a very dishonest way to deal with people. The landlord had ABSOLUTE knowledge that Mr Lewis was not, and would not be at the apartment. (this is in the Video, where Mr Lewis is speaking most of the same points that I've put down here.

The issue of what constitutes Notification is the turning point that will decide the case.

The Law does not say " on his door" it says delivered by Personal Service, or a Certified letter. This will likely be the Crux of his lawsuit if he files one.

562A.29A Method of notice and service of process.

Notwithstanding sections 631.4 and 648.5, the written notice of termination required by section 562A.27, subsection 1 or 2, a notice of termination and notice to quit under section 562A.27A, a notice to quit as required by section 648.3, or a petition for forcible entry and detainer pursuant to chapter 648, may be served upon the tenant in any of the following ways:

1. By personal service.

2. By sending notice by certified or restricted certified mail, as defined in section 618.15, whether or not the tenant signs a receipt for the notice.

They chose to act as if he would be anywhere near his front door, rather than a Certified letter.

I will certainly be willing to debate the point with you when we see how Mr Lewis' case progresses.

IF you promise to actually read the full article that is. The only reason i'm participating in this discussion here is that half of post #28 had nothing to do with the article.

As to why it's relevant that I wouldn't put my family through the fees for a bail bondsman?

Justice should not be dependent on Income level. If Mr. Lewis wasn't living paycheck to paycheck as a Paper pusher, He would have paid bail, seen the notice, likely contested his eviction successfully. (rather than the No-show judgement the landlord received, if you don't show up, the Evidence is Moot and you lose the case)

The only reason I wouldn't be screwed is that my Family does not live in another state.

And yes I agree that I misspoke when I threw in the "first months" part... when you've just read had to read the Iowa Renter's code, in the process of doing someone else's research for them, things get missed or mis-stated.

Can't think of anyone who missed anything of even vague importance in discussing this topic. I guess that's a failing specific to me. :scrutiny:

http://www.thehighroad.org/showpost.php?p=7994432&postcount=28

Lets just both walk away for now, and keep our eyes out for the disposition of the case.

(extends hand) Good argument Neighbor, I agree to disagree with you.

roadchoad
March 1, 2012, 01:18 PM
NavyLCDR, I stand corrected. I saw Fall and Oct and assumed this was all last fall.

roadchoad
March 1, 2012, 01:37 PM
Technically they stuck the notice in a disused lavatory, at the bottom of a locked filing cabinet with a sign on the door reading "Beware of the Leopard".... Of course he was unable to stop them from knocking his house down for a Bypass.

Bloody brilliant.

Spandauer
March 1, 2012, 07:27 PM
"... drop that line of reasoning."

1) I'm not going to drop anything, as there is something called "Freedom of Speech".
2) If you scroll up you'll see that I originally posted - responding to a member indicating that race might have been an issue - that I do NOT think that it was in fact.
3) Yesterday was the last day of so-called "Black History Month" celebrating the achievements and tragic past of African Americans. One source indicated that during the 6 hour break the Democrats commemorated Black History Month although some were quoted having left because they considered this issue not of high enough priority for the average Iowan.
4) This made me question how much they really embrace the unique African American history, while a black man (Mr. Lewis) has recently been suffering from blatant injustice.
5) In my opinion they would have done better doing their job making sure no (black) man may ever suffer because of potential legal loopholes in IA gun-laws.

Dnaltrop: "Mr. Lewis hasn't mentioned race..."

Wrong:
“I went to jail for one reason and one reason only,” he said. “I’m a black man. James Ludwick is a white man. I think the police had a preconceived notion in their head as to what went on.”

AGAIN: I do not think myself at all that race was an issue, nor did I [!] write the initial posting because of this! I do understand Mr. Lewis might think this way but I hope in the end he will be assured that his notion was not true.

I am rather spending my time here, donating my money and writing to representatives to support an IMO innocent man in particular and any legally armed citizen in general in order to avoid similar occurrences (eviction, loss of property / job, undue time in jail) in the future. After all the life of my family members & friends one day could depend on a guy not hesitating to defend them knowing the former Jay Rodney Lewis Bill backs him up.

So I think there is no reason to get excited or suggesting the discussion might go in the wrong direction, neighbors!

Art Eatman
March 1, 2012, 07:35 PM
Reading through this thread, it looks like the legal aspects have been well covered. Covered so well that they're likely sweating. :)

If you enjoyed reading about "Victim of road rage defends himself, ends up in jail & loses home & property ..." here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!