Author Topic: Tennesee authorities still want to get even with Embody for obeying the law  (Read 5215 times)

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Offline CitizensHaveRights

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http://www.tennessean.com/story/news/crime/2014/08/15/judge-skeptical-charge-firearms-agitator/14129649/

"Well, even if everything he did was legal, we ask the court to seize his gun and suppressor because we think suppressed AR15s are scary" - to paraphrase Assistant District Attorney General Chad Butler
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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"He had no reason to carry the gun."  The ADA is an idiot.

Offline CitizensHaveRights

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Not an idiot. His side is tax funded, and he has qualified immunity, so it personally costs him nothing to take Embody to trial and lose.

His side has already driven Embody into foreclosure and bankruptcy, so unless they can convict him of something or seize what few assets he has left there's nothing to gain either, other than dragging Embody through a court process that he seems to be almost enjoying.

For Embody's side, he's got nothing left to lose, and he desperately wants to win a civil suit that will buy him a new house.
His problem in civil court is that the cops usually have PC, even on shaky grounds, for arrest and the real criminal violations of his rights are done by immune lawyers. In this case, he refused to produce tax papers on the suppressor, so they arrested him on suspicion of having an untaxed suppressor. I really think we need to change the rules so that crooked prosecutors can either be sued or criminally charged when they insist on prosecuting for crimes that never happened and there is no evidence to support the charges.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline CitizensHaveRights

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Judge dismisses charges,  admonishes Embody for obeying the law, orders his rifle and silencer returned to him.
"He isn't required to cooperate with police, but dammit, I want him to cooperate with them from now on" - Judge Copsucker

http://www.theleafchronicle.com/story/news/2014/08/28/charges-dismissed-gun-rights-advocate/14760873/

In his ruling, Wyatt advised Embody to “avoid situations like this in the future” for the safety of “the public, the police, and himself.”

“The Defendant can exercise his Second Amendment rights without scaring or endangering the public, and without being uncooperative with a legitimate law enforcement investigation,” Wyatt wrote.

In an email, Embody said he plans to repeat his actions.

He wrote, “I will walk downtown and carry a rifle and silencer soon while handing out second amendment leaflets as I did last year.”
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline CV67PAT

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A wrongful death lawsuit is about the only way that he will realize the financial gain he is seeking. There is simply not that much money in a simple abuse of power suit.
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Offline CitizensHaveRights

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One of the early 'arrested for video recording public actions of public servants' cases got the victim $35k.
http://www.paed.uscourts.gov/documents/opinions/05D0847P.pdf
I suspect that's the most Embody can hope for from a civil suit.
Robinson was actually wrongly convicted of interfering with cops by aiming a video camera at them from private property, Embody can't claim a conviction among his damages.

Judgments against improper LEO behavior have been going down in recent years, I suspect nothing cops do can shock a jury any more.
Fieger got $12 mil for drug addict Edwin Swans suffocating while handcuffed in Lansing PD custody.
Try to find a wrongful death judgment from the last five years for more than $5 mil, even in cases where the police caused the death much more directly.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?