1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

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

Discussion in 'Legal' started by Spandauer, Feb 25, 2012.

Thread Status:
Not open for further replies.
  1. Spandauer

    Spandauer Active Member

    ... 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:


    Then this one:


    Ande here comes the update:


    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!)
    Last edited by a moderator: Feb 27, 2012
  2. Spandauer

    Spandauer Active Member

    Iowa Castle Doctrine: "Jay Rodney Lewis Bill"

    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.
  3. armoredman

    armoredman Well-Known Member

    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.
  4. Spandauer

    Spandauer Active Member

    I think they are well aware of the issue ...

    ... as their attorney won't comment.

    Imagine: all your property, your history, your clothes, family pictures, laptop w/ confidential data by the curb.
  5. bushmaster1313

    bushmaster1313 Well-Known Member

    Did any of the Iowa state or national gun groups get involved?
  6. JohnBT

    JohnBT Well-Known Member

    "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.
  7. Hacker15E

    Hacker15E Well-Known Member

    Considering there are a lot of states that have reciprocity with Iowa, I don't see anything strange about that statement.
  8. wkumatt

    wkumatt Well-Known Member

    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
  9. bushmaster1313

    bushmaster1313 Well-Known Member


    Ono shame in avoiding or retreating from a random altercation.
  10. IAmNightMan

    IAmNightMan Member

    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.
  11. NavyLCDR

    NavyLCDR member

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

    Spandauer Active Member

  13. Spandauer

    Spandauer Active Member

    Re: NavyLCDR "Mas Ayoob recommends you join a prepaid legal service and nothing else?

    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.
  14. Spandauer

    Spandauer Active Member

    Re: Bushmaster 1313 "Did any of the Iowa state or national gun groups get involved?"

    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!
  15. NavyLCDR

    NavyLCDR member

    HOWEVER, this is what the Iowa law actually states:

    http://www.iowacarry.org/download/Iowa Code Section 724-Effective 1-1-11.pdf

    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.
  16. Spandauer

    Spandauer Active Member

    Re: Bushmaster1313 "retreating from a random altercation."


    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.
  17. Spandauer

    Spandauer Active Member

    NavyLCDR: "His out of state permit was invalid"

    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.
    Last edited: Feb 26, 2012
  18. roadchoad

    roadchoad Well-Known Member

    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.
  19. littlebluevette

    littlebluevette Well-Known Member

    Unlike the DA the jury displayed common sense.
  20. NavyLCDR

    NavyLCDR member




    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.
Thread Status:
Not open for further replies.

Share This Page