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

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

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  1. Spandauer

    Spandauer Member

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    ... 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/ar...ppy-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!)
     
    Last edited by a moderator: Feb 27, 2012
  2. Spandauer

    Spandauer Member

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    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 Member

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    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 Member

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    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 Member

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

    JohnBT Member

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    "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 Member

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

    wkumatt Member

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    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 Member

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    +1

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

    IAmNightMan Member

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    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

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    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 Member

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  13. Spandauer

    Spandauer Member

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    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 Member

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    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

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    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 Member

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    Re: Bushmaster1313 "retreating from a random altercation."

    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.
     
  17. Spandauer

    Spandauer Member

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    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 Member

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    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 Member

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

    NavyLCDR member

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    Easy.

    http://www.desmoinesregister.com/ar...ppy-to-be-free-?odyssey=tab|topnews|text|News

    Then:

    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.
     
  21. drsfmd

    drsfmd Member

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    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.
     
  22. Spandauer

    Spandauer Member

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    NavyLCDR: "I am pro-Constitution."

    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):

     
  23. NavyLCDR

    NavyLCDR member

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    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.
     
  24. Spandauer

    Spandauer Member

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    NavyLCDR: "the advertisement for … the Armed Citizen's Legal Defense Network..."

    ... did not sit well with me."

    But now you had the opportunity to do some research on highroad.org for
    [noparse]http://armedcitizensnetwork.org/[/noparse] 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.

    Gotcha! It would be devastating if the "Bloombergs" were able to point that out rightfully.
     
    Last edited by a moderator: Feb 28, 2012
  25. JohnBT

    JohnBT Member

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    "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.
     
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