#criminal attorney aurora

[auroraattorney]

Need help with your Divorce Case? The Law Office of Ned C. Khan is here for you. We provide legal guidance to help you navigate the divorce process with confidence. Call us now to set up a meeting!

[dontthinkwedontnoticeyou]

I have 0 writing skills, but my brain keeps tossing concepts at me. Sometimes these ideas get pretty complex, but they’re never quite complete. So, I guess I’ll just throw this out there as the lamest form of fanfiction ever created? (If anyone wants to adopt this concept—go for it, you have my blessing, for I will never expand it further!)

~*~

Concept:

This is a The Raven Cycle/Dreamer Trilogy Alternate Universe (AU) with no magic. The characters are aged up, and while they all knew each other in school and were once close (in many different ways), life has drifted them apart. The story takes place mostly in Washington, D.C.

Characters & Plot(holes):

Adam Parrish works in the District Attorney's office, involved in a high-profile case against Colin Greenmantle, a notorious criminal mastermind. Greenmantle’s been involved in drug trafficking, forgery, blackmail, and more, but Adam can’t nail him—there’s no solid proof. It’s driving him mad until he begins receiving anonymous tips. Skeptical at first, Adam soon realizes they’re legit, and with this help, he’s able to land the first serious blow against Greenmantle.

Richard Gansey III is now a young, popular senator, considered a political prodigy. While admired by many, he’s also made powerful enemies in the political arena. Over the years, he’s distanced himself from his old friends, although he crosses paths with Adam occasionally, usually at official events. He also runs into Declan Lynch, the personal assistant to Senator Seondeok Cheng, though their interactions remain distant and formal—there’s an unspoken tension between them, and, additionally, Gansey and Senator Cheng often clash.

Joseph Kavinsky works for Greenmantle, managing drug operations. Because of reasons [Plot Hole #1], he decides that if he wants to survive, he needs to escape Greenmantle’s grasp. But no one leaves Greenmantle’s web in one piece. To get out, Kavinsky starts feeding information to Adam—yes, he’s the anonymous tipster! Once Adam discovers Kavinsky’s identity, they have a heated confrontation, and Adam nearly shuts him down. But Kavinsky drops a bombshell: he has proof that Greenmantle orchestrated the murders of Niall and Aurora Lynch, Ronan’s parents, all those years ago. This tips the scales, and Adam decides to continue working with him. First, however, he needs to check with Ronan.

Ronan Lynch has made some bad decisions in life and is estranged from everyone—Adam, Gansey, even Declan. When Adam visits him at his home, back in Virginia, he’s slightly surprised to find Ronan under house arrest, an ankle monitor keeping him confined to the Barns. There’s tension between them from the start, a mix of unresolved feelings, hurt, and something more difficult to name. Ronan, being direct as ever, quickly gets Adam to admit why he’s really there. When Adam reveals that Kavinsky claims to have proof about his parents’ murder, Ronan snarls, "You want my blessing or what, Parrish?" and takes a swig from his beer.

When Adam returns to Washington, he finds Kavinsky waiting for him in his apartment with Hennessy, who works for Greenmantle in the art forgery department. Hennessy has somehow discovered that Kavinsky plans to betray Greenmantle [Plot Hole #2] and decides to join him in taking Greenmantle down. Her motivation? She’s tired of Greenmantle threatening her sister Jordan, who’s trying to live a normal, legal life—Jordan has recently started seeing a guy she met at a fundraiser at the art gallery where she works, a fundraiser organized by Senator Cheng (or rather, her assistant, Declan—yes, that guy Jordan's seeing).

Senator Cheng, although powerful, finds herself caught in Greenmantle’s web. He’s blackmailing her, forcing her to vote his way in the Senate, something that frustrates her deeply. Declan notices her odd behavior, which threatens her political career. When he confronts her, she makes a vague comment about someone pulling the strings behind the scenes, leaving Declan to piece it together. Declan eventually reaches out to Gansey, who reveals that Adam might be on the verge of exposing something big.

Kavinsky tells Adam about a major upcoming drug deal that could be Greenmantle’s undoing. The two of them, occassionally joined by Hennessy, work late into the night at Adam’s penthouse, preparing their plan. And sure, Kavinsky is a pain in the ass in many ways, but he’s also pretty smart and cunning, and quite good looking, Adam reckons. He can be quite funny, too.

Things escalate when Greenmantle discovers Kavinsky’s betrayal [Plot Hole #3]. There’s a dramatic car chase through the streets of Washington, with Kavinsky on the phone with Adam, telling him to get Hennessy to safety. Prokopenko, one of Greenmantle’s thugs, shoots out the tires of Kavinsky’s white Mitsubishi, leading to a spectacular crash. The Mitsu is totalled. By some miracle, Kavinsky survives, but he’s injured and unconscious. With a crowd gathering, Prokopenko can’t finish the job, and Kavinsky is taken to the hospital. Adam and Hennessy quickly sneak him out through the back door once he’s stable enough and drive him out of town. ("Make sure he’s asleep. Or better, tie him up." "Why?" "Because if he knows where we’re heading, he might try to jump ouf of the car.")

They’re going to the Barns.

Adam stashes Kavinsky at Ronan’s house, despite Ronan’s fury at the idea. ("I know what happened between you two back then, but I don’t have a choice, Ronan. All the information about your parents... it’s from him.") Ronan’s pissed but restrained by his ankle monitor, so he’s stuck with them. Hennessy calls her sister Jordan, warning her to lay low, and Ronan overhears their strained conversation. He notices how similar Hennessy and Jordan’s relationship is to his with Declan—complicated and distant.

Adam stays at the Barns until Kavinsky is better. They’re forced to wait and adjust their original plan. Adam is on the phone with Gansey constantly, and Gansey’s political connections become crucial to the new strategy [Plot Hole #4].

As Adam, Ronan, and Kavinsky are forced into close proximity, their complicated pasts and unresolved feelings rise to the surface. What starts as antagonism and old attraction gradually turns into an exploration of a polyamorous relationship, surprising all three. The emotional depth, tension, and vulnerability between them add complexity to their interactions.

Meanwhile, Greenmantle, desperate to find Hennessy, manipulates Jordan into luring her sister out. However, this backfires—Declan storms into the art auction John Wick-style to rescue Jordan. During the escape, Declan is shot, but he still manages to get her to safety. His bravery and injury end up deepening his relationship with Jordan (also, he’s undeniably sexy while bleeding, so I can't leave it out).

[Something something something, action, drama, romance, gay porn, etc]

Greenmantle’s empire begins to collapse. Senator Cheng uses her political maneuvering, Gansey applies his influence, and Adam, with Kavinsky’s help, provides the legal expertise to tighten the net around Greenmantle. In the end, Greenmantle is brought down, but the characters are left to deal with the aftermath.

Declan and Jordan’s relationship becomes serious, while Ronan and Declan begin to rebuild their brotherly bond, slowly healing old wounds. Adam, Ronan, and Kavinsky navigate their new, unconventional relationship as they embrace the possibility of polyamory.

Happily ever after.

Curtain.

[beardedmrbean]

The jury has reached a split verdict in Adams County Court for two Aurora police officers who are on trial for the death of Elijah McClain. The death of the unarmed young Black man four years ago received widespread publicity inside and outside of Colorado and led to large-scale protests and reforms in Aurora's police department.

The verdict was reached around 4:20 p.m. Thursday and the judge read the verdicts less than 30 minutes later.

The jury found Randy Roedema guilty of criminally negligent homicide and third-degree assault, Jason Rosenblatt was found not guilty of manslaughter and assault. Sentencing for Roedema is scheduled for Jan. 5 at 1:30 p.m. in Adams County Court.

The 23-year-old died after first responders got a call of a suspicious person walking down the street. They found McClain on Aug. 24, 2019, wearing a mask and carrying groceries when they arrived at Colfax Avenue and Billings Street. Jason Rosenblatt, Randy Roedema and another officer all were indicted by a grand jury for forcibly restraining McClain in a violent struggle that was captured on police body cam video. They face felony charges of criminally negligent homicide, manslaughter and second-degree assault, however, the jury had the option to convict on lesser charges which they did in the case of Roedema where they found him guilty on third-degree assault.

CBS News Colorado's Karen Morfitt talked to McClain's mother after the verdict was read. Outside the Adams County Courthouse, Sheneen McClain said, "That's what happens in divided States of America," and she was visibly upset as she walked to the parking lot.

Rosenblatt no longer works for the Aurora Police Department. Roedema and the third responding officer, Nathan Woodyard, have been suspended from the police force without pay.

"We are here today because Elijah McClain mattered. He was only 23 years old when he died, he had his whole life ahead of him. His mother Sheneen McClain has had to relive that night again and again over the last several years. I and those on our team, are deeply inspired by her. Her commitment and devotion to her son and justice," said Colorado Attorney General Phil Weiser. "She has been determined not to let anyone forget Elijah McClain, how he lived and how he died. I thank Sheneen for her strength, for her grace, for her commitment to justice, and for her resilience during this process. Elijah McClain's memory is living on as  a blessing."

Woodyard also faces a separate trial, and paramedics who injected McClain with the drug ketamine moments after the interaction with the officers are also facing a separate trial. After he was given the drug, McClain went into cardiac arrest and was declared brain dead. He died several days later. A coroner's report released in 2021 said his death was caused by the administration of the powerful sedative, and the coroner said he couldn't rule out the possibility that the carotid hold the officers put McClain in contributed to his death. The hold is designed to restrict blood flow to the brain.

During the trial prosecutors said Rosenblatt and Roedema ignored McClain's cries that he couldn't breathe as he struggled with them. They said the officers used excessive force and violated department policy by not taking steps to de-escalate the situation. They said those actions made McClain medically more likely to die from the dose of ketamine he received.

Defense attorneys tried to convince the jury the blame for McClain's death falls solely on the paramedics and their use of a drug that caused McClain to lose consciousness. They said what the officers did was according to policy and according to the department's training. They said it took several tries for McClain to respond when they told him to stop in what was described as a high-crime area.

The body-worn camera videos taken of the interaction with McClain were played several times in the courtroom during the trial.

"Stop right there. Stop. Stop," one of the officers said in one of the videos, to which McClain, who was headed home from a convenience store, responded, "I have a right to go where I am going." The officer replied "Stop. Stop. I have a right to stop you 'cause you're being suspicious." After the neck hold was used, McClain can be heard saying on the video he was having trouble breathing.

Neither of the officers took the witness stand in their own defense in the trial and the defense didn't call any of its own witnesses.

The trials for the other first responders are scheduled to take place starting at the end of the week (for Woodyard) and next month (for paramedics Peter Cichuniec and Jeremy Cooper).

Lawyers from the Colorado Attorney General's Office are prosecuting all of the cases. The district attorney representing Adams County decided against prosecuting the officers in the months after McClain's death in part because the initial coroner's report couldn't identify the exact cause or causes of McClain's death. A revised report was released in 2021.

In closing statements, prosecutors argued the officers failed to follow multiple police policies and that McClain struggled to breathe before the administration of ketamine. Defense attorneys for the officers argued that the state offered little evidence that either officer's actions caused McClain's death and that they followed their training in calling paramedics immediately after the use of the choke hold.

"No reasonable police officer could believe that this was appropriate for someone who was handcuffed," said prosecuting attorney Duane Lyons.

"You would think if they think there's some kind of criminal case here against Randy Roedema, that they could get at least one live witness," said one of his defense attorneys.

"We knew that this prosecution would be difficult. It was nonetheless important that this very significant case go before a jury so it could hear the evidence, review all the facts, and make a judgment," said Weiser. "I am deeply proud of the team behind me, their hard work, the seriousness of purpose and the manner in which they put everything they had into this prosecution. They presented the strongest cast they could to lead to hold accountable the actors responsible in the death of Elijah McClain."

Impacts of McClain's Death

In part because of McClain's death, neck holds by law enforcement officers are now banned in Colorado. The guidelines for use of ketamine in emergency situations where a person is acting in an erratic manner have also been limited by the Colorado Department of Public Health and Environment. Since McClain's death, APD has been through several police chiefs and the city has entered a consent decree in which police reforms surrounding use of force and racial bias are mandated. The City of Aurora reached a settlement with McClain's family two years after his death. That $15 million agreement resolved the federal civil rights lawsuit they had filed.

[dnaamericaapp]

Paramedics Convicted In Connection With Elijah McClain’s Death

A jury found two Aurora, Colorado, paramedics charged in connection with the 2019 death of 23-year-old Elijah McClain guilty on Friday of criminally negligent homicide.

Peter Cichuniec and Jeremy Cooper were accused of administering an excessive amount of ketamine to sedate McClain after an encounter with police on August 24, 2019.

Cichuniec was also found guilty of assault in the second degree unlawful administration of drugs.

They were both acquitted of assault in the second degree with intent to cause bodily injury causing serious bodily injury.

Cooper was found not guilty of assault in the second degree unlawful administration of drugs.

They both pleaded not guilty to their charges.

Colorado Attorney General Phil Weiser said he was satisfied with the verdict and that more accountability was still needed.

“Elijah did nothing wrong that evening, his life mattered, and he should be here today. Accountability does not end with these trials,” Weiser said in a statement. -(source: abc news)

DNA America

“It’s what we know, not what you want us to believe.”

#dna #dnaamerica #news #politics

[emilydavenport]

[ciswoman and she/her] [EMILY DAVENPORT] I couldn’t help but notice you look an awful lot like [MEGHANN FAHY]. You must be the [THIRTY-THREE] year old [ER DOCTOR AT AURORA BAY HOSPITAL]. Word is you’re [DETERMINED] but can also be a bit [PERFECTIONIST] and your favorite song is [NAVIGATING BY TWENTY ONE PILOTS]. I also heard you’ll be staying in [SEABROOK QUARTER].

TW: cheating, @aurorabayaesthetic

&. BASICS

Full Name: Emily Katherine Davenport

Nicknames: Em (used by close friends)

Age: 33

Date of Birth: March 18

Occupation: ER Doctor at Aurora Bay General Hospital

Studies: M.D. in Emergency Medicine (Johns Hopkins University School of Medicine)

Hometown: Chicago, Illinois

Time in Aurora Bay: 3 years

FC: Meghann Fahy

&. PERSONALITY

MBTI: INTJ

Zodiac Sign: Pisces

Hobbies: Running, reading, hiking, yoga for relaxation, playing piano (though infrequent now), watching crime shows, etc.

Positive Traits: Intelligent, decisive in high-stress situations, resilient, empathetic towards patients, determined, hardworking, loyal (once trust is earned), protective of others, independent, surface level bubbly etc.

Negative Traits: Emotionally guarded, self-critical, can be aloof or distant, prone to overworking, struggles with intimacy, perfectionist, skeptical of new relationships, holds grudges, etc.

&. PERSONAL LIFE

Relationship Status: Single

Sexual Orientation: Heterosexual

Family Relationships: Strained relationship with both parents

Romantic History: Previously in a serious relationship during her residency, which ended in betrayal and heartbreak, prompting her move to Aurora Bay

Current Living Situation: Lives in a house in the Seabrook Quarter neighborhood

&. WANTED CONNECTIONS

Friends

Exes

Situationships/fwb

Old hook ups/one night stands

Open to pretty much anything tbh

&. PLAYLIST

navigating - twenty one pilots Kind of feels like everybody leaves

Blame Brett - the beaches That's why I'm never gonna love again

Daddy Issues - The neighbourhood I know that you got daddy issues

Bleach - 5sos Brought a knife to a gun fight

Emily was born in a prestigious family. Her father, Thomas, was a high-profile criminal attorney and her mother, Katherine, a renowned surgeon. From a young age on they set impossible high standards. Her home was emotionally distant, achievement-driven household, and success was valued above all else. Her parents were so busy with their careers that she was mostly raised by nannies, and her parents had little time for emotional warmth or encouragement.

As a child, she learned that failure was unacceptable, and praise was reserved only for excellence. Her mother, in particular, was critical and demanding, pushing her to follow in her footsteps in medicine. She excelled academically, but the lack of affection and constant criticism weighed on her. She became obsessed with proving her worth, internalizing the belief that if she just worked harder, her parents would finally be proud of her. Yet, no matter how well she performed in school it never seemed enough to earn their approval.

During high school it became clear that she'd follow her mother in medicine. This caused some sense in disappointment in her father, he had always expected her to go into law like he had. After college she attended Johns Hopkins Medical School, where she specialised in emergency medicine. She also did her residency at John Hopkns. It was far away from home to limit how much her mother could try and get involved in her studies.

In medical school she began dating Adam, a fellow student. It started off really great, but Adam, much like her parents, turned out to be another person who demaned more than he was willing to give back. There was a lot of tension in the later years of the relationship, but she ignored the red flags, instead focusing on building her career.

At the end of her residency she discovered that Adam had been cheating on her with a colleague for over a year. The betrayal shook her to her core. In the aftermath of the breakup, Emily spiraled. The pressure of the ER, the endless demands from her parents, and her broken heart left her feeling suffocated. For the first time in her life, she couldn’t see a way forward.

To escape Emily made a drastic decision: she would leave everything behind and start over in a place where no one knew her. She accepted a position as an ER doctor in Aurora Bay, a coastal town in California. The town was a world away from the life she had built, and that’s exactly what she needed. Her mother could not understand why she would leave behind the career she had built at such a prestigious hospital. But finally she cut off regular contact with both of her parents, only communicating on holidays or in times of necessity, something she should have done years ago.

There, she found a kind of peace, though it was bittersweet. Over the next three years, she built a reputation as a dedicated and sharp doctor, valued by her colleagues and patients alike. However, her personal life was complicated. Emily kept people at arm’s length, afraid of being hurt again, and despite her professional success, she carried a deep sense of loneliness.

[bllsbailey]

Law Firm: Venezuelan Gang Operating Within Colorado Apartments First Gained A ‘Stranglehold’ In 2023

An inmate handcuffed with a plastic cable tie remains in a cell

The Venezuelan Tren de Aragua gang making headlines for taking over an Aurora, Colorado, apartment complex reportedly first gained a “stranglehold” late last year.

A Denver law firm, who wished to remain anonymous, was tasked with looking into the foreign criminal group’s activity in Aurora claims to have found evidence of the gang’s activity in the Whispering Pines Apartments towards the end of 2023, according to CBS News.

The report states that Tren de Aragua has been engaged in violent assaults, extortion, child sex trafficking, and death threats.

The findings were sent to Aurora Mayor Mike Coffman, City Manager Jason Batchelor, and the interim police chief.

“The evidence we have reviewed indicates that gang members are engaging in flagrant trespass violations, assaults and battery, human trafficking and sexual abuse of minors, unlawful firearms possession, extortion, and other criminal activities, often targeting vulnerable Venezuelan and other immigrant populations,” wrote T. Markus Funk, a former U.S. Attorney.

The complex property manager running Whispering Pines was interviewed by the firm, in which he stated: “He had never seen anything remotely like the Tren de Aragua takeover of Whispering Pines in his entire career.”

The manager also stated that the gang members were arrested after they threatened to “kill him” over a late rent payment. Additionally, the gang members have also reportedly been collecting “rent” from residents of the complex and one even stabbed a resident who had caught on to the con and refused to pay.

“Tren de Aragua has threatened to kill [and has allegedly attempted to kill] members of Whispering Pines management,” the report continued.

Additionally, the property manager reported that members of the gang offered him a compromising deal if he agreed to provide the gang with 50% of the rent money that he collected from residents.

The property manager began his job in January of 2024, and by that point, the gang was already active within the complex. The report added that in November of 2023, a consultant for the property management company had been “so severely beaten and stomped by gang members that he had to go to the hospital.”

“This is our business plan,” one Tren de Aragua member allegedly told a housekeeper. “If he [property manager] doesn’t like it, we’ll fill him with bullets.”

“This conduct’s brazen and public nature further exhibits the suspected gang members’ sense of comfort and control consistent with their taking over the property and not fearing the law enforcement of the property management,” the report added.

“The property manager further shared that TdA (the gang) now uses the formally vacant units to host ‘parties’” where they “serve drugs and child prostitution.”

An Aurora city spokesperson stated that they had received the report and “immediately included it in its ongoing investigative work.”

“The information and claims in the letter underscore why APD (and other law enforcement agencies) formed a special task force to investigate violent crime impacting migrants and other communities in the Denver metro area,” the city spokesperson wrote.

Stay informed! Receive breaking news blasts directly to your inbox for free. Subscribe here. https://www.oann.com/alerts

[molsons112000]

Black girl McDonald's messed up her order. She called 911. The police came she told the police they screwed up my order. The police went inside and told the people either you fixed her order or we're taking you to jail... It is thief of service.

Theft of services is a crime that occurs when someone receives services without paying for them or providing something in return. This can include a variety of services, such as labor, design, and other professional services. 



People Clerk

How to Sue for Theft of Services - People Clerk

Dec 4, 2023 — Theft of services is usually a type of crime where someone receives services without paying for them or giving something in return, even though they know they're supposed to. This can include a wide range of services, such as labor, design, and other professional services. If you are a business owner, freelancer, or provided services to a colleague or friend and didn't get paid for performing, you are able to sue them in small claims court. In the article below, we provide examples of theft of services, steps you should take before suing for theft of services, and how to take someone to small claims court.

Salvado Law

What does it mean to be charged with theft of services?

Sep 10, 2023 — Theft of services occurs when someone obtains valuable services through deception, force, threat or other unlawful means and does not provide compensation. For example, someone might eat at a restaurant and leave without paying for their food.

Theft of services can involve:

Using force, intimidation, or deceit to obtain a service

Intentionally failing to pay a company for its services

Continuing to take advantage of a company's services until the company demands payment or stops providing the service

Using a communication system, such as a telephone, computer, or cable television system, without payment

Using a public utility service without payment 

In Illinois, theft of labor or services is considered a very serious crime, similar to retail theft, misdemeanor theft, or felony theft. 

Business owners, freelancers, or people who have provided services to a friend or colleague and not received payment can sue for theft of services in small claims court. 

Generative AI is experimental.

By the way, this happens everyday.People steal from me. They don't pay me for my service....

Wikipedia

https://en.m.wikipedia.org › wiki

Theft of services

Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, ...



davidleelegal.com

https://www.davidleelegal.com › the...

Theft of Labor or Services | Aurora Criminal Defense Attorney

Theft of labor or services involves the use of property, labor, or services without proper payment. The state of Illinois considers this a very serious crime, ...

American Legal Publishing

https://codelibrary.amlegal.com › lo...

§ 130.64 THEFT OF LABOR, SERVICES, OR USE OF ...

(A) A person commits theft when he obtains the temporary use of property, labor, or services of another which are available only for hire, by means of ...



LegalMatch

https://www.legalmatch.com › article

Theft of Service: Penalties, Charges and Defenses

Apr 27, 2021 — In criminal law, theft of services refers to a type of crime that may be committed when a person uses a service without providing

So I asked for 4 fire sauce. This is a verbal contract. They didn't give me my 4 fire sauce. They broke the contract.

Investopedia

https://www.investopedia.com › pr...

Promissory Estoppel Explained, With Requirements & Example

If one party fails to uphold their end of a contract, the other party can withdraw from that contract. Promissory estoppel is the exception to this rule

[aurorabayrpg]

Welcome to Aurora Bay [OLIVIA and KELL]! We hope you enjoy your stay! Please send in your account within 24 hours to secure [CODY CHRISTIAN, GUGU MBATHA-RAW, and JAMIE DORNAN,] as your faceclaims, and please be sure to review our checklist and make sure you read our guidelines! 

[cis man and he/him] Welcome to Aurora Bay, [DOMINIC OAKLEY]! I couldn’t help but notice you look an awful lot like [CODY CHRISTIAN]. You must be the [TWENTY NINE] year old [BARTENDER AT FOUR LEAF IRISH PUB]. Word is you’re [OUTGOING] but can also be a bit [CHAOTIC] and your favorite song is [DISPARATE YOUTH BY SANTIGOLD]. I also heard you’ll be staying in [OCEAN CREST APARTMENTS]. I’m sure you’ll love it!

[cis man and he/him] Welcome to Aurora Bay, [JAZMINE FORD]! I couldn’t help but notice you look an awful lot like [GUGU MBATHA-RAW]. You must be the [THIRTY EIGHT] year old [OWNER OF GOLDEN HOUR LOUNGE]. Word is you’re [AMBITIOUS] but can also be a bit [SECRETIVE] and your favorite song is [DANGEROUS BY JADA]. I also heard you’ll be staying in [CRYSTAL COVE CONDOMINIUMS]. I’m sure you’ll love it!

[cis man and he/him] Welcome to Aurora Bay, [ARCHER GRAHAM]! I couldn’t help but notice you look an awful lot like [JAMIE DORNAN]. You must be the [FORTY] year old [CRIMINAL DEFENSE ATTORNEY]. Word is you’re [LOYAL] but can also be a bit [MANIPULATIVE] and your favorite song is [FLIGHT FROM THE CITY BY JÓHANN JÓHANNSON]. I also heard you’ll be staying in [AURORA BAY DRIVE]. I’m sure you’ll love it!

[cisman, he/him] Welcome to Aurora Bay, [HINATA ITO]! I couldn’t help but notice you look an awful lot like [MACKENYU ARATA]. You must be the [TWENTY-SIX] year old [SCUBA INSTRUCTOR FOR AIR BUBBLES SCUBA DIVING CLUB]. Word is you’re [DETERMINED] but can also be a bit [OBLIVIOUS] and your favorite song is [SUNKISSING BY HAILEE STEINFELD]. I also heard you’ll be staying in [FISHER’S COVE]. I’m sure you’ll love it!

[brownstonelawsblog]

Colorado appeal lawyers | Free Consultancy

Brownstone Law has a seasoned team of Colorado appeal lawyers with many years of experience in representing client’s appeals. Our team of Colorado appellate lawyers have the expertise to manage appeals involving difficult civil litigation, as well as breach of contract and business disputes, having represented clients facing securities claims, white collar crime, as well as RICO charges. Our lawyers handle appellate cases from Denver, Colorado Springs, Aurora and other areas throughout Colorado.

Contact us at (303) 630-9863 to schedule a consultation and speak with our Colorado appeals attorney today.

Experienced Denver Colorado Appeals Attorneys We have extensive appellate experience. Our clientele is diverse and we handle appeals in Colorado and around the country. Our Colorado appeal lawyers handle appeals regarding court orders and the appeals after trial and interlocutory appeals. We are often retained by trial counsel to argue court motions, such as motions for directed verdict, and motions for summary judgment. Our firm also handles criminal appeal lawyers in Denver on all types of criminal convictions.

@colorado

[auroraattorney]

An Attorney in Aurora specializes in Contested Divorce Cases, offering guidance through difficult legal situations. They work to protect your rights and provide strong support during this challenging time.

Call now to schedule an appointment!

[masterofd1saster]

CJ current events June 2023

Police are not bystanders

AURORA, Colo. — A former Aurora Police officer who was convicted of failing to intervene during a violent arrest by a fellow officer was sentenced Friday in Arapahoe County District Court to six months in jail, which she'll be allowed to serve through judicial house arrest.

Francine Martinez was convicted April 21 on one count of failure to intervene, a misdemeanor offense following a three-day jury trial.***

Martinez and now-former officer Jon Haubert responded to a trespassing call near South Parker Road and Dartmouth Avenue on July 23, 2021. While they responded to the trespassing call, they encountered Kyle Vinson, who had a warrant out for his arrest.

Body camera footage, which was shown at the trial, showed Haubert with his hands around Vinson's throat for nearly 40 seconds. The video appeared to show Vinson beginning to lose consciousness.

Aurora Police's chief at the time said the video also showed Haubert strike Vinson with his duty weapon as many as 13 times. The video also showed that Haubert held the gun to Vinson's head while Vinson was facedown.

Vinson suffered numerous injuries during the altercation***

Colorado lawmakers passed a police accountability bill in 2020 in the wake of the death of George Floyd in Minnesota. That law made it a crime for officers not to intervene or report use of force incidents.  https://www.9news.com/article/news/crime/francine-martinez-failure-intervene-sentence/73-955beb4f-d3f5-4149-8cce-9098d99c6192

***

How’s that ankle bracelet working, Pennsylvania?

A Pennsylvania man out on bail for two prior shootings is now facing three murder charges in the slayings of two young boys and a teenager, according to prosecutors.

Alex Torres-Santos, 22, allegedly opened fire on a home in Lebanon around 10 p.m. Wednesday, killing 19-year-old Joshua Lugo-Perez and fatally striking 8- and 9-year-old brothers who were all on the back porch at the time of the shooting, according to court documents obtained by Fox News Digital.

Authorities believe Lugo-Perez was the intended target. He was not related to the two children, but Lebanon County District Attorney Pier Hess Graf said in a statement that he lived with their family.

A fourth victim, a 33-year-old neighbor, was struck by a bullet that tore into his home. He was rushed to the hospital and survived.*** https://www.foxnews.com/us/pennsylvania-man-accused-child-murders-wore-gps-monitor-prior-shootings-during-crime-prosecutor-says

***

If it’s not your bag full of women’s clothes, don’t take it.

Sam Brinton, the embattled former senior Department of Energy (DOE) official, was arrested as a "fugitive from justice" by Maryland police late Wednesday.

According to county records reviewed by Fox News Digital, Brinton was taken into custody in Rockville. A spokesperson for the Metropolitan Washington Airports Authority (MWAA) Police, which is the lead law enforcement agency for both Washington, D.C., area airports, said the arrest was related to the theft of airport luggage, the third such criminal case involving Brinton.

"Metropolitan Washington Airports Authority Police executed a search warrant May 17 in Montgomery County, Maryland, in connection with allegations of stolen property in luggage from Reagan National Airport that was brought to the department’s attention in February 2023," James Johnson, a spokesperson for the MWAA, told Fox News Digital in an email.****https://www.foxnews.com/politics/non-binary-ex-biden-official-sam-brinton-arrested-again-fugitive-justice

*** 

The victim was charged with two counts of cheating dog and one county of extreme wimp.

A Florida police officer and her pregnant romantic rival were charged with battery for beating up a man they were both dating, records show.

Miami-Dade Police Officer Anna Elicia Perez, 34, and Mila Zuloaga, 35, who is seven months pregnant, found out they were both in a relationship with the same man, according to an arrest affidavit obtained by Fox News Digital.

The furious pair showed up at Miller's Ale House in Palmetto Bay, about 15 miles south of Miami, May 26 at 12:43 a.m. to confront their two-timing beau in the crowded sports bar.***

The altercation quickly escalated into a public smackdown. "[They] struck the victim on the face and upper body with their hands multiple times," the police report says. "The victim sustained redness to the face and a small bruise to the lower lip."

The women were arrested on one count each of battery, according to police. Perez was processed and transported to the Turner Guilford Knight Correctional Center, while Zuloaga was taken to the Miami-Dade Police Department’s Special Victim’s Bureau, records show.*** https://www.foxnews.com/us/miami-cop-pregnant-woman-assaulted-man-they-were-both-dating-police

***

99.9% of the lawyers give the rest a bad name

Matthew Nilo, a New Jersey attorney charged in several Boston rapes from 16 years ago, represents "a new type of criminal" suspect emerging, thanks to advances in DNA technology, according to renowned genetic genealogist CeCe Moore.

Boston Police and the FBI used investigative genetic genealogy to arrest Nilo in several rapes in the Terminal Street area of Charlestown between 2007 and 2008.***

He apparently got his bachelor's degree in psychology at the University of Wisconsin - Madison and worked for two years as a paralegal before moving on to the University of San Francisco School of Law.

From there, Nilo worked at the Clyde & Co. law firm in San Francisco, Atheria Law in New York City and Cowbell Cyber in New York, according to his LinkedIn.***

He would have been 19 or 20 years old and in college at the time of the alleged assaults, his LinkedIn shows.***

The suspect is charged with three counts of aggravated rape, two counts of kidnapping, one count of assault with intent to rape and one count of indecent assault and battery.

Nilo has been indicted in Superior Court in Suffolk County, Massachusetts, but has not been arraigned yet. He is facing extradition to Boston. https://www.foxnews.com/us/new-jersey-lawyer-accused-boston-rape-spree-through-dna-represents-new-type-criminal-suspect-expert

***

Good riddance

Robert Hanssen, 79, an FBI agent-turned-Russian mole who is notorious as one of the most damaging spies in US history, has been found dead in prison.

He was discovered unresponsive at a maximum-security facility in Florence, Colorado, on Monday morning.

Hanssen received more than $1.4m in cash, diamonds, and money paid into Russian accounts. Three hundred agents worked on his case.

He was sentenced in 2002 to life in prison for espionage.*** https://www.bbc.com/news/world-us-canada-65816862

BoP does not yet list him as non-living.  

***

Weed smoke as a nuisance; civil law works

A D.C. judge has ruled that a man who smokes medical marijuana in his apartment must stop after a neighbor complained that the odor from his marijuana crept into her home and caused a nuisance.

Judge Ebony Scott ruled late Monday that while Josefa Ippolito-Shepherd could not prove she is entitled to damages, she successfully made the case that the smell is a private nuisance, and Scott ordered Thomas Cackett to stop smoking. Scott said that Cackett is licensed to buy marijuana but “he does not possess a license to disrupt the full use and enjoyment of one’s land.”*** https://www.washingtonpost.com/dc-md-va/2023/06/06/marijuana-smoke-weed-smell-neighbors/

The tort of nuisance is a continuous and unreasonable interference with the use and enjoyment of land.

***

Freedom of speech in Penna

https://twitter.com/OliLondonTV/status/1666101808672960513 shows Reading, Pennsylvania, police arresting Damon Atkins for reading the Bible at a Pride event. Police told https://dailycaller.com/2023/06/06/man-arrested-read-bible-verse-pride-lgbt-event/ that he was arrested for his volume.  In the video he doesn’t sound too loud.

***

San Berdoo County jury says “why not use deadly force against a simple touch?”

Ari Young, a schizophrenic, scared his mom so badly in 2019 that she called 911. San Bernardino County Sheriff's Deputy Meagan McCarthy was the 1st responder.

When she attempted to pat him down for weapons, he started pummeling her and took her pistol.  He fired multiple shots at her before another deputy shot him and took him into custody.  The incident was video recorded.

He was charged with attempted murder, but the jury acquitted him of that, convicting him only of negligent discharge.  The defense theory of the case was that McCarthy had no right to touch him so he was acting in self defense.  That is total nonsense.  https://www.foxnews.com/us/california-man-who-pummeled-shot-at-female-deputy-found-not-guilty-despite-video-of-attack

***

good 10min video of pretextual traffic stop with explanation of constitutional principles

https://youtu.be/SVEoC-gkbOU

***

Aurora, Colorado Police release bodycam video of shooting Jor’Dell Da’Shawn Richardson on 1jun23.

https://youtu.be/xwC58sqxrHY?t=3653 

Watching the video I had a hard time seeing and hearing when a shot was fired.  The incident happened really fast.

***

Loveland, Colorado Police release video of officer striking a handcuffed woman.

https://youtu.be/EwOu8_9Zyg0?t=79 -  the woman is a stream of NSFW language.

Officer Russell Maranto, 28, punched the woman after she spit in his face.  He punched her on 20may23, and he was fired three days later.

***

Trump indictment

The indictment is available in pdf at https://www.documentcloud.org/documents/23839652-indictment

It’s more or less what you’d expect.  I was a little surprised that it includes apparently private attorney client communications in paragraphs 54 - 59.  There are a few references to things that would ordinarily be considered attorney client confidences after those paragraphs.

The particular statutes are generally available at https://uscode.house.gov/browse/prelim@title18/part1&edition=prelim.  

The indictment also charges Waltine Nauta along with Trump.  Mr Nauta was a U.S. Navy servicemember assigned as valet to Trump.  The purpose for charging Mr Nauta would probably be to get him to roll on Trump.

The indictment doesn’t allege that Trump removed any documents from the White House or moved any boxes.  The closest you get is “TRUMP caused scores of boxes, many of which contained classified documents, to be transported to The Mar-a-Lago Club in Palm Beach, Florida****”

***

Pretty good riddance

WASHINGTON (AP) — Theodore “Ted” Kaczynski, the Harvard-educated mathematician who retreated to a dingy shack in the Montana wilderness and ran a 17-year bombing campaign that killed three people and injured 23 others, died Saturday. He was 81.

In a 1985 attack, Kaczynski mailed a bomb to prominent University of Michigan psychology professor James V. McConnell, a leading figure in behaviorism. The blast wounded graduate assistant Nicklaus Suino and damaged McConnell’s hearing, according to MLive files.

Kaczynski earned master’s and doctoral degrees in mathematics from U-M in Ann Arbor in the 1960s.***

Branded the “Unabomber” by the FBI, Kaczynski died at the federal prison medical center in Butner, North Carolina, Kristie Breshears, a spokesperson for the federal Bureau of Prisons, told The Associated Press. He was found unresponsive in his cell early Saturday morning and was pronounced dead around 8 a.m., she said. A cause of death was not immediately known.

Before his transfer to the prison medical facility, he had been held in the federal Supermax prison in Florence, Colorado, since May 1998, when he was sentenced to four life sentences plus 30 years for a campaign of terror that set universities nationwide on edge. He admitted committing 16 bombings from 1978 and 1995, permanently maiming several of his victims.***

He forced The Washington Post, in conjunction with The New York Times, to make the agonizing decision in September 1995 to publish his 35,000-word manifesto, “Industrial Society and Its Future,” which claimed modern society and technology was leading to a sense of powerlessness and alienation.*** https://www.mlive.com/news/2023/06/unabomber-and-former-university-of-michigan-math-student-theodore-ted-kaczynski-dies-in-prison.html

mlive is way too equivocal about Kaczynski and his motives.  mlive also fails to note that he put a bomb on American Airlines Flight 444 from Chicago to Washington, D.C.; while the bomb ignited, it did not bring down the airplane. He was a hard core, far left wing, radical communist.

A beautiful young woman I know offers the riddle “What’s the difference between a Michigan fan and the Unabomber? * * * * The Unabomber actually attended Michigan.”

***

If you need a reason to not use drugs....

https://www.wsj.com/articles/tranq-xylazine-drug-addiction-recovery-acebae3c is about David Wells.  

Wells, 31 years old, didn’t go looking for xylazine. One day, it showed up in his bag of dope. Soon he needed it. The tranquilizer would knock him out for hours, until he woke up sick from withdrawal. When the wounds emerged, the pain overwhelmed him and he wanted to sleep as much as possible. Addiction-treatment centers turned him away because of the complexity of his wounds.

Many tranq users check themselves out of hospitals with active, dangerous, life-threatening infections b/c withdraw from tranq is so bad.

***

Good Mallard Fillmore

Yeah, he’s a little over the top, so what?

***

Where would we be without Babylon Bee?

&

&

If you haven’t read https://nypost.com/2023/05/27/lululemon-employees-reportedly-fired-for-calling-911-during-robbery/, the next one relates to that. 

***

Emblematic story from NYC

Nisean Graves, 34, fought in a crosswalk at Seventh Avenue and 30th Street in Manhattan with a man from Baltimore on Friday around 0800.  Nicole Gelinas makes some really good points in NY Post:

The first thing to notice here is the bizarre contradiction in behavior on the part of both men.

Graves, assuming our eyes and the police account do not deceive us, is crazed enough to fatally stab someone in broad daylight, in full view of plenty of witnesses.

But he wasn’t crazed enough that he didn’t make sure to look out for traffic and even pause his attack to ensure the two women could safely cross.

As for the 36-year-old victim, who is still unidentified by police — but reportedly was wanted for a Baltimore murder of his own — it’s not at all to blame the deceased to observe that he appeared to have had several chances to simply run away.

Instead, he chooses to stand and try to fight a man pointing a knife toward his torso.

If neither the alleged murderer nor his victim could de-escalate this situation, despite ample time, opportunity and motive, how could New York have prevented this murder?

The criminal justice system failed: The alleged killer is barely a year off a one-year prison sentence, incurred when he … repeatedly stabbed someone in Manhattan.

But New York’s supposed “eyes on the street” safety in crowds failed to prevent this murder as well.

***

I’m more disturbed that they pasted John Holmes’s face onto my body in so many art films....

Warning: Victims' faces placed on explicit images in sextortion scam

Posted: June 8, 2023 by Christopher Boyd

The FBI has issued a warning about criminals digitally manipulating people's faces on to pornographic images—known as deepfaking—and then using those images to harass or extort money out of their victim in a practice known as sextortion.

The FBI said the victims include children.*** https://www.malwarebytes.com/blog/news/2023/06/warning-victims-faces-placed-on-explicit-images-in-sextortion-scam

***

And if he wasn’t insane, it was some uffa dude

OAKLAND — A well-known transgender activist was sentenced to life in prison without the possibility of parole for murdering three family members in a brutal and frenzied attack that the judge said was the worst he’d seen in three decades.

Dana Rivers, 68, of San Jose, was found guilty last year of murdering Oakland resident Charlotte Reed, 56, her wife Patricia Wright, 57, and Wright’s 19-year-old son, Benny Toto Diambu-Wright, in an attack inside the victims’ home. Prosecutors say she used a handgun equipped with a silencer to shoot the victims, stabbed Reed 47 times as the couple slept in their bedroom and then set the garage on fire in an attempt to cover her tracks.

“It is a horrible thing to sentence someone to die in prison, and I don’t take that lightly,” Judge Scott Patton said in a Wednesday court hearing. “But this is the most depraved crime I ever handled in the criminal justice system in 33 years. Frankly, you deserve to spend the rest of your life in prison.”

Rivers, who first claimed self-defense during the guilt phase of her trial, then argued she was legally insane at the time, did not speak during sentencing.*** https://www.mercurynews.com/2023/06/14/the-most-depraved-crime-i-ever-handled-transgender-activist-gets-life-in-prison-for-murdering-oakland-family/

*** 

Your jail is super mean.  1/5 would not recommend

BENTONVILLE -- A Colorado man was sentenced to 20 years in prison after admitting he threatened the lives of a judge and probation officer.

Theodore Howell, 29, of Denver, pleaded guilty Monday to threatening a judicial officer/juror and terroristic threatening. He was charged as a habitual offender.

Nathan Jeffrey, a probation officer, reported to the Benton County Sheriff's Office he received a text message threatening to kill him from Howell, according to a probable cause affidavit.

Jeffrey said he knew the phone belonged to Howell because it was the same phone number Howell had for being on probation, and Jeffrey had communicated with Howell using that number, according to the affidavit.

Howell was accused of sending the threats via the Benton County Sheriff's Office's website, according to court documents.***

Howell said he planned to kill Karren because Arkansas was mean to transgender people and the jail was "super" mean to him the last time he was held there, according to the affidavit.

Michael Braswell, a detective with the Sheriff's Office, interviewed Howell, who first claimed he had been hacked and someone else made the threats, according to the affidavit.*** https://www.nwaonline.com/news/2023/jun/13/death-threats-to-benton-county-judge-probation/

***

Broken subway windows policing -

*** In 2017, the Metro system in and around the nation’s capital began cracking down on fare evasion, partly in response to rising crime in the system. The political and activist class responded by crying foul.

Democrats soon decided to decriminalize fare evasion on the Metro system. They pushed it as a racial justice issue. “I’m sad that Metro’s losing money,” city councilman Robert White said, “but I’m more sad about what’s happening to black people.”***

Now, Metro is begging D.C. actually to enforce the law. Metro General Manager Randy Clarke recently wrote a letter to the City Council asking it to give law enforcement the right to demand actual identification from the folks it tickets.

Here’s the most telling part of the letter:

“Since the decriminalization of fare evasion, WMATA has seen an increase in Part I crime. Crime data shows that when we increase fare enforcement, our Part I crime number is lower, and when we decrease enforcement, Part I crime increases.”

Part I crime is murder, assault, sexual assault, and theft.

Decriminalizing fare evasion caused more assault, murder, and sexual assault. The defenders of the fare jumpers are defending a dangerous, crime-ridden transit system.*** https://www.washingtonexaminer.com/opinion/amid-crime-wave-dc-transit-chief-begs-dc-government-to-crack-down-on-fare-hoppers

***

Who’s a good prof?  Who’s a good prof?

https://www.ibtimes.sg/i-do-it-blow-off-steam-penn-state-professor-arrested-having-sex-his-dog-after-getting-caught-70592 says Penn State chemical engineering professor Themis Matsoukas, 64, of State College, was recorded on surveillance cameras in April doing the wild thing with his dog near the restrooms at Rothrock State Forest.

'I Do it to Blow Off Steam'

According to the complaint, Matsoukas was "visibly nervous" and repeatedly told the rangers "I'm done, I'm dead, you don't understand, I do it to blow off steam." He allegedly begged the rangers to shoot him at one point, saying "I need to die," the charging documents state.

Rangers served a search warrant to Matsoukas at his home in State College on June 9. During the execution of the search warrant, rangers found "all items listed" in the warrant, including the backpack and a ski mask that was visible in the April 13 camera footage.

Investigators say they were able to photograph a collie present at Matsoukas' home, and that its physical characteristics matched those of the dog seen in the videos.

***

Nellie Bowles notes

→ Why are people like this? A Harvard Medical School employee was selling human body parts to (and I mean this) real freaks. People who have museums of freaky stuff. Here’s the full indictment, but all you really need to know about these sophisticated criminals is this:

***

→ San Francisco loses its biggest hotel and biggest mall: My hometown came two steps closer to socialist utopia recently as two rapacious capitalist enterprises announced they would be fleeing in the face of The People United Will Never Be Defeated. First, owners of the city’s largest hotel, the 1,921-room Hilton Union Square announced they are surrendering the hotel to their lenders. Then, the city’s largest mall operator, Westfield, announced they are walking away from the mall. They had earlier cited “unsafe conditions” and “lack of enforcement against rampant criminal activity” for falling occupancy.

The thing about San Francisco is, sure, there is crime, but the crime stats don’t capture the real issue. The general havoc and chaos of fentanyl-fueled mental illness is hard to quantify since it’s usually not that violent. Let’s take one example from the Chronicle story on the Westfield mall closing: “At one point at the Ted Baker store, employees locked the doors and someone banged on them, ‘threatening to bring a gun to shoot everyone, and telling our team that they will wait for them and rape them on their way home.’ ” That doesn’t rank highly on a crime index (no one was raped, no one killed), but it certainly ranks highly in the mind of the mom buying a floral dress, suddenly trapped in Ted Baker.

Anyway, it’s a big win for San Francisco activists, who finally are getting rid of the gentrification they hate (i.e., art galleries and cafés, a hotel, shops, disgusting). I’m always so confused how our activists adapted the language of the European left but somehow oppose all their goals (safe, clean parks, nice little apartments, showering slightly less frequently). If you have the politics of a moderate Swede, well, in San Francisco that makes you a full-blown fascist.

Here’s an interesting chart of the cities that are gaining lots of people—and the cities that are losing them.

+++

BB must be following Nellie

***

Michael P. Ramirez toon

https://www.gocomics.com/michaelramirez/2023/06/15 

***

Abandoned & malignant heart/depraved indifference murder

JEFFERSON COUNTY, Colo. — A judge set bond Wednesday morning for the three suspects involved in a fatal rock-throwing incident in Jefferson County after hearing from the victim's loved ones.

Alexa Bartell, 20, was killed on April 19 after a rock crashed into her windshield as she drove northbound on Indiana Street in Jefferson County. Three 18-year-olds were arrested and are now accused of throwing rocks at multiple vehicles that evening, including the one that killed Bartell.

The suspects were identified as Nicholas Karol-Chik, Zachary Kwak and Joseph Koenig. They were arrested on charges of first-degree murder, attempted first-degree murder, second-degree assault and attempted second-degree assault a week after the crime.

They are accused of throwing rocks at multiple other vehicles and after striking Bartell's car, they allegedly drove by the crashed vehicle to take a photo as a memento, according to their arrest affidavits.***

One of the survivors of the suspect's alleged rock-throwing attack also spoke and talked about them celebrating their actions.***

"There is no amount (of bond) that will adequately support the importance of that individual to our community," Judge Zenisek said of Alexa Bartell.

The suspects are all high school seniors with no criminal history, he noted. They have family support. But “none of those things can erase” the severity of what happened, he said. Each one of the 18-year-olds faces a punishment of life without parole if convicted.

He also referenced how the trio returned to the homicide scene after throwing a rock.*** https://www.denver7.com/news/local-news/she-was-my-everything-after-loved-ones-speak-jeffco-judge-sets-suspects-bond-in-fatal-rock-throwing-crime

***

Instead of solving the problem, let’s blame the victims

Many NYC merchants use facial recognition technology to reduce shoplifting.  The has led the city council to consider an ordinance that would prohibit using such tech.

“The narrative that the technology is performing less well for certain demographic groups is based on old information,” said Jake Parker, director of government relations for the Security Industry Association. “In the early days of facial recognition about 10 years ago, there were lower-performing technologies but today’s software is very accurate, high-performing and uses artificial intelligence.”

Earlier this year, a group of independent grocers formed a political coalition to demand that legislators and law enforcement clamp down on shoplifters, whose heists have multiplied since the pandemic.

In 2022, NYPD officials said that 327 people accounted for 6,660 arrests — or 30% of all shoplifting incidents. Business owners blame Manhattan district Attorney Alvin Bragg for the spike in shoplifting after he said last year that stealing less than $1,000 worth of goods is considered a misdemeanor and not among the crimes his office would be prosecuting.*** https://nypost.com/2023/06/18/grocers-cry-foul-as-nyc-weighs-ban-on-face-id-tech-that-stops-thieves/

If merchants can’t protect themselves from theft, they won’t be able to sustain their businesses.  This means fewer grocery stores and more food deserts.

***

Very worrisome phone calls

A former analyst with the Kansas City Division of the FBI was sentenced in federal court today for illegally retaining documents related to the national defense at her residence.

Kendra Kingsbury, 50, of Garden City, Kansas, was sentenced by U.S. District Judge Stephen R. Bough to 46 months in federal prison followed by three years of supervised release. Kingsbury pleaded guilty on Oct. 13, 2022, to two counts of unlawfully retaining documents related to the national defense.

According to court documents, Kingsbury was an intelligence analyst for the FBI for more than 12 years, from 2004 to Dec. 15, 2017. Kingsbury was assigned to a sequence of different FBI squads, each of which had a particular focus, such as illegal drug trafficking, violent crime, violent gangs and counterintelligence. Kingsbury held a TOP SECRET/SCI security clearance and had access to national defense and classified information. Training presentations and materials specifically warned Kingsbury that she was prohibited from retaining classified information at her personal residence. ***

The FBI investigated what uses Kingsbury put to the classified documents she illegally removed from the secure workspace, but according to court documents, the investigation revealed more questions and concerns than answers.

Investigators reviewed Kingsbury’s telephone records, which revealed a number of suspicious calls. Kingsbury contacted phone numbers associated with subjects of counterterrorism investigations, and these individuals also made telephone calls to Kingsbury. Investigators have not been able to determine why Kingsbury contacted these individuals, or why these individuals contacted her. Kingsbury declined to provide the government with any further information.***  https://www.justice.gov/opa/pr/former-fbi-analyst-sentenced-retaining-classified-documents***

[beardedmrbean]

A second Colorado police officer has been acquitted in the 2019 death of Elijah McClain, who was pinned down and injected with ketamine.

Nathan Woodyard, 34, was found not guilty of negligent homicide and reckless manslaughter charges.

Another officer, Jason Rosenblatt, was acquitted in October. A third, Randy Roedema, was found guilty.

The death of Mr McClain, a black man, faced renewed scrutiny after the death of George Floyd.

Mr McClain, a 23-year-old massage therapist, was walking home from a shop in the Denver suburb of Aurora when he was stopped by three white police officers responding to a call about a "sketchy" individual in the area.

At the time, he was wearing a balaclava to protect himself from chronic chills due to his anaemia, as well as headphones. Mr McClain initially ignored officers' calls to stop.

Body camera footage of the ensuing confrontation shows Mr McClain being wrestled to the ground and placed in a chokehold, repeatedly uttering the words "I can't breathe". A medic later injected him with ketamine, a sedative. He never regained consciousness and died after being taken off life support three days later.

Mr Woodyard placed Mr McClain in the chokehold during the incident. He faced years in prison if convicted.

During the week-long trial, Mr Woodyard testified that he placed Mr McClain in a chokehold because he feared for his life after allegedly hearing him say that he intended to take "his power back".

Another officer also said that Mr McClain had attempted to reach for Mr Woodyard's weapon - a charge prosecutors deny and that is not supported by footage of the incident.

In court, lawyers for Mr Woodyard argued that he was not at the scene during the time in which Mr McClain's condition worsened. The body camera footage shows that he had stepped away.

In an email quoted by the Washington Post , Mr Woodyard's lawyers said that they "never disregarded the tragic circumstances" of Mr McClain's death but are "relieved for what we believe is the just outcome for our client".

It was not clear if Mr Woodyard would be back on the force in Aurora. He was suspended without pay in 2020.

In a statement, Colorado Attorney General Phil Weiser said that while the verdict "is not the one we hoped for", the state is "undeterred in our pursuit of accountability and justice for Elijah McClain".

"We must do all we can to stop the unlawful and unnecessary use of force that can result in people dying at the hands of law enforcement," he added.

In October, a jury found officer Randy Roedema guilty of criminally negligent homicide and third-degree assault. Jason Rosenblatt was acquitted of reckless manslaughter, criminally negligent homicide and second-degree assault.

Two paramedics, Jeremy Cooper and Peter Cichuniec, are facing trial later this year.

[dnaamericaapp]

Colorado Officer Who Confronted Elijah McClain Found Guilty Of Criminally Negligent Homicide, But Is That Enough For Justice?

A Colorado jury Thursday convicted one of two officers charged in the 2019 death of Elijah McClain, a Black pedestrian who was put in a chokehold and injected with a powerful sedative, and it acquitted the other officer.

The jury convicted Aurora Police Officer Randy Roedema of criminally negligent homicide and third-degree assault.

Former Aurora officer Jason Rosenblatt was acquitted. Both had been charged with reckless manslaughter, as well as the lesser charges of criminally negligent homicide and assault.

Sentencing was set for 1:30 p.m. Jan. 5.

Colorado Attorney General Phil Weiser, whose office was appointed as the special prosecutors in the case, said more work must be done to make policing safer.

“Today’s verdict is about accountability; everyone is accountable and equal under the law,” he said in a statement. “And hopefully today’s verdict is another step in the healing process for the Aurora community and the state.”

McClain’s mother, Sheneen McClain, walked out of the courtroom with a raised fist after the split verdict and said she was not satisfied with the outcome.

“America needs to start telling the truth about its history and changing the way it treats all the people that pay into its systems of control,” she said in a statement to ABC News on Friday. “Don’t say sorry to me for humans that fail even their own kind. My soul still cries out for Divine Justice For My Son Elijah McClain.”

A pair of responding paramedics, also set for trial this year, injected McClain with ketamine to sedate him after police video showed him writhing on the ground, saying, “I can’t breathe, please,” and throwing up. He apologized for vomiting.

Minutes later, McClain was found to have no pulse in the ambulance and went into cardiac arrest, according to a report released in fall 2019 by a local prosecutor, Dave Young.

McClain was revived but later declared brain dead and then taken off life support. He died Aug. 30. -(source: nbc news/abc news)

DNA America

“It’s what we know, not what you want us to believe.” #dna #dnaamerica #news

[jannie-notes]

ART 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the Courts, according to the circumstances.

Talks about the principle of the demandability of the responsibility of the obligor in case of negligence.

Negligence which already happened may be waived unlike in future negligence.

The court may increase and decrease the liability of the party at fault and may take the consideration of good faith and bad faith of the obligor or the conduct of the oblige when the damage was incurred.

KINDS OF NEGLIGENCE:

Culpa Contractual – is a breach of contract. It is a negligence of the obligor by virtue of which he is unable to perform his obligation arising from an existing contract because of the omission of diligence.

Culpa Aquiliana – or quasi-delict is a civil negligence that causes damage to others.

Culpa Criminal -  here there is no pre-existing obligation exempt not to harm others and will be held civilly liable in case of insolvency.

NEGLIGENCE (culpa) VS. FRAUD (dolo)

Negligence signifies an act or omission which is voluntary in character where the other person suffers damage or injury due to failure to observe diligence. The latter, however, is the conscious and intentional proposition to evade the normal fulfillment of the obligation. Negligence, if there is intent to cause damage or injury, fraud, if there is an abandonment, carelessness and lack of diligence.

EXAMPLE CASE:

Prudential Bank vs. CA–The complaint in this case arose when private respondent Aurora F. Cruz, with her sister as co-depositor, invested P200, 000.00 in Central Bank bills with the Prudential Bank at its branch in Quezon City. Susan Quimbo, one of the bank employees, assisted her all throughout the process and her dealings. Cruz was asked to sign a Withdrawal Slip for P196,122.98, representing the amount to be re-invested after deduction of the prepaid interest. Quimbo explained this was a new requirement of the bank. Several days later, Cruz received another Confirmation of Sale and a copy of the Debit Memo coming from Quimbo. On October27, 1986, Cruz returned to the bank and sought to withdraw her P200, 000.00. After verification of her records, however, she was informed that the investment appeared to have been already withdrawn by her. Cruz filed a breach of contract against the bank and demanded the return of her money with interest, plus damages and attorney’s fees. Cruz won the case in both the RTC and CA.

[if-you-fan-a-fire]

“HUNT PLEADS GUILTY TO MARKHAM HOLD-UP,” Toronto Star. February 27, 1933. Page 2.  ---- Remanded Until March 13 in $2.780 Bank Robbery ---- Elroy Hunt, 26, pleaded guilty to robbing the Canadian Bank of Commerce branch at Markham of $2,788 on Jan. 30 last and was remanded until March 13 by Magistrate Keith. Hunt was represented by Austin Ross. M. A. Mackenzie, branch manager, swore Hunt and Frank West tied the staff up, attempted to lock them in the vault and left the bank on the afternoon of the hold-up, being lost night of on Yonge St. at Elgin Mills. The manager told of the chase which he and a customer made after the two men. 

Inspector Albert Boyd and Det.-Sergt. George Tuft told of going to Chicago and arresting Hunt. In his statement Hunt said that he and West "decided to steal a car and get some money," the officers said.. The two men, according to the state- ment, drank some wine and on passing the bank in a car which they stole from Dundas and Yonge Sts., Teronto, decided suddenly to hold it up. 

After the crime they drove Aurora where they abandoned the car on a back street,

Crime Not Premeditated "I did not premeditate robbing the bank or stealing the car," Hunt's statement, said. Counsel pointed out that before the crime Hunt, who was unemployed, had been living at Wellington House. Inspector Boyd said about $20 of the money was recovered. 

Both officers said Hunt was very truthful, giving them full details of the hold-up.

Hunt's previous record included a month for theft of a blanket in the west in 1927, a five-dollar fine for vagrancy at Moose Jaw in 1928 and 30 days in 1929 on a theft charge at Saskatoon. 

Magistrate Keith decided to defer sentencing Hunt until the charge against Frank West, laid by city police, had been disposed of. Both his worship and Crown Attorney C. Frank Moore commended the excellent work of Inspector Boyd and Detective-Sergt. Tuft. 

When aged Arthur O'Kell told Norman Smith that he could not oblige him with any money, Smith rolled him down an embankment at Preston Rd., tore out one of his teeth and threatened to "shoot him" if he didn't "give up his roll," O'Kell testified in charging Smith with assault. 

P.C. Williams of York township police, who picked Smith up on Dufferin St., said that he jumped from the motorcycle sidecar as the officer was starting the machine and was caught only after a chase across a plowed field. 

Smith claimed that he was drunk, and remembered nothing of assaulting either O'Kell or Joseph Watts, a returned soldier and cripple, who claimed that Smith "rushed" him and knocked him down. Smith gave as a reason for his attempted escape from the officer the fact that "I thought he was going to pick me up for a drunk." He was found guilty on both charges and remanded until Friday next for sentence. 

Fined $200 for Still George McFarlane, 21, facing a charge of criminal negligence arising out of the death of Murray Richardson, was remanded until March 21 on bail of $2,000. McFarlane is alleged to have driven the car which struck down Richardson Danforth Ave. early Sunday morning. 

Mike McGee was fined $200 or 6 months and one month for being in illegal possession of a still. R. C. M. P. officers told of finding a complete still, with 25 gallons of mash, in the basement of McGee's home. Mike had never made a cent out of his opposition to the "big distillery companies of Canada." his counsel, Paul Hinds, told the court. McGee, who said he was a teetotaler, declared a "friend" named Jack had persuaded him to go "into the business." 

Remanded for Sentence. Antonio and Armand Prisi and Fidel George, York township youths, were remanded till Friday for sentence on a charge of breaking into a hardware store on Pritchard Ave. and stealing a shotgun, ammunition, flashlight batteries and bulbs, fishing outfits and cash. Most of the goods were recovered in a hay loft on a farm and under the floor of one of the lad's homes, the court was told. 

On three charges of housebreaking, Richard Garner, 16, and a juvenile were remanded for a week and allowed out on their own bail. They are alleged to have broken into York Memorial collegiate, Vaughan Rd, collegiate and a store, police saying jewelry and $8 in cash were stolen from one school and chocolates and other articles from the store.

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