SWAT invasion of innocent people's house here in Evansville, Indiana

[Titanium_Frost]

I had a link directly to the PDF of the federal affidavit that explained all of it in pretty good detail. If they have taken it down I printed off a hard copy.

Anyway I posted the link somewhere in this thread.

 

[Titanium_Frost]

Derrick Murray Criminal Complaint - 14 News, WFIE, Evansville, Henderson, Owensboro

This is the FBI afidavit. LOTS of info here and very interesting.

Here is the link Bishopp. It doesn't work from my phone so it may be a dead link. I have a hard copy if you want to see it.

 

[looney2ns]

Link still works...

 

[thebishopp]

Here is the link Bishopp. It doesn't work from my phone so it may be a dead link. I have a hard copy if you want to see it.

The 18 USC "875c" is threats to kidnap or injure a person communicated "interstate". Fine or imprisonment of no more than 5 years.

Based on the link it would seem that they are hoping the feds can convict on the "up to 5 years" as the last time the state brought an intimidation charge against him it was reduced to a misdemeanor.

As far as the "counts" go (from a non-lawyer perspective).

Count 3 seems pretty weak. He says that he would "like" to test on them. I can say I would "like" to do all sorts of criminal acts but that does not constitute actually threatening to do it.

Count 2 is a bit stronger but he doesn't actually come right out and say he is going to blow something up. He doesn't mention that he is going to use the explosives he has, just that he has them and he was "just lying" about that. He could have easily said "I have Herpes and Evansville is going to feel my pain". Doesn't mean he is going to go out and have unprotected sex, infecting the masses of Evansville with Herpes.

He could even be referring to committing suicide by blowing himself up and causing a big scene. Evansville would "feel" his pain (in his depressed belief) by seeing the after effects of his suicide.

Count 1 is, IMO, the strongest as he actually says a cops house is going to be "hit" however he could argue that he was not actually saying that he was going to do the "hitting" or that he would be involved in it himself. Maybe it was something he heard and he was just repeating it and agreed that the "cops" needed to be taught a lesson. He further goes on to state that he doesn't care about the family of the "cops" because he doesn't even care about his own life and he has his reasons for his lack of concern. Time is ticking as the 4th was about 3 weeks or so away at that time and perhaps the police should be on alert.

Based on the above or some version of it they will probably argue it was protected speech.


Personally based on what I've read about the fellow I think he needs to be put away but I really wish they had a stronger case.

My predictions:

If it doesn't get dismissed then he will probably plead down to something less.

 

[Titanium_Frost]

The 18 USC "875c" is threats to kidnap or injure a person communicated "interstate". Fine or imprisonment of no more than 5 years.

Based on the link it would seem that they are hoping the feds can convict on the "up to 5 years" as the last time the state brought an intimidation charge against him it was reduced to a misdemeanor.

As far as the "counts" go (from a non-lawyer perspective).

Count 3 seems pretty weak. He says that he would "like" to test on them. I can say I would "like" to do all sorts of criminal acts but that does not constitute actually threatening to do it.

Count 2 is a bit stronger but he doesn't actually come right out and say he is going to blow something up. He doesn't mention that he is going to use the explosives he has, just that he has them and he was "just lying" about that. He could have easily said "I have Herpes and Evansville is going to feel my pain". Doesn't mean he is going to go out and have unprotected sex, infecting the masses of Evansville with Herpes.

He could even be referring to committing suicide by blowing himself up and causing a big scene. Evansville would "feel" his pain (in his depressed belief) by seeing the after effects of his suicide.

Count 1 is, IMO, the strongest as he actually says a cops house is going to be "hit" however he could argue that he was not actually saying that he was going to do the "hitting" or that he would be involved in it himself. Maybe it was something he heard and he was just repeating it and agreed that the "cops" needed to be taught a lesson. He further goes on to state that he doesn't care about the family of the "cops" because he doesn't even care about his own life and he has his reasons for his lack of concern. Time is ticking as the 4th was about 3 weeks or so away at that time and perhaps the police should be on alert.

Based on the above or some version of it they will probably argue it was protected speech.


Personally based on what I've read about the fellow I think he needs to be put away but I really wish they had a stronger case.

My predictions:

If it doesn't get dismissed then he will probably plead down to something less.

Mine are that they will revoke his bonds and he will get convicted on his previous counts and this will get pled down to a slap on the wrist. Again.

 

[Southwind]

Reading through the affidavit, I had the impression that the EPD did a credible job of internet sleuthing. They certainly demonstrated enough knowledge that Bolin's ignorance of IP addresses doesn't wash. Seems much more likely that he just wanted to make a show of force -- didn't matter too much where he made it.

It is a good thing Granny didn't have a shotgun resting on the arms of her rocker. Somebody earlier in the thread said he would start shooting if a gang hit his house like that. I would as well because the most likely explanation would be home invaders pretending to be police. That would be the most likely because I know there is no reason for the police to be here. I would shoot and I would quickly die if it really were the police in the wrong house. A number of people have already died in botched raids like that. Somehow or other the cops have to get professional and the judges need to follow suit.

Unfortunately, I'm afraid that the problem is that, if Homeland Security gives all the local cops jackboots, the cops will wer them.

 

[ssblair]

Did the Evansville Courier & Press ever get a copy of the warrant from their FOIA request? I would think that warrants should be due to be given on demand, if in a redacted state--so the civiies can confirm that due process was in fact followed.

Of course, I've also seen some really broad search warrants that I couldnt believe were approved by a magistrate--Anybody remember the SWAT invasion of a home in Stockton, CA last year over a Dept of Education college loan fraud case?

 

[ssblair]

... A number of people have already died in botched raids like that. Somehow or other the cops have to get professional and the judges need to follow suit.

Amen...

 

[gun_nut]

Good thing the family didn't have a dog around -- it would have been shot.

 

[TaunTaun]

Cranberries song is running through my head right now...

 

[CathyInBlue]

Zombie?

 

[Titanium_Frost]

**UPDATE**

Grandmother sues city, police department over June flash grenade incident | PDF » Evansville Courier & Press

This city may not survive the Weinzappfel/Winnecke leadership...

 

[MikeDVB]

Good for them! Another Evansville case to watch...

 

[Titanium_Frost]

Another Evansville case to watch...

I need a list at this point to keep track of all of them.

 

[LockStocksAndBarrel]

Make that list, Frosty. I'm counting on you to keep me updated.

 

[Titanium_Frost]

Make that list, Frosty. I'm counting on you to keep me updated.

I have updated everyone on it, pretty much just hurry up and wait on appeals...

 

[rambone]

Grandmother sues city, police department over June flash grenade incident

Pro Libertate: "Showtime Syndrome" in Evansville: Online Trash Talk about Cops Triggers SWAT Raid

Small town police mount over-the-top SWAT raid on unsuspecting woman's home after teenage neighbour made threats using her unprotected WiFi

Evansville woman sues police after officers raided her home

Police: 'Threat matrix' dictated SWAT team response at Powell Avenue home

SWAT finds senior citizen instead of suspect

Woman sues EPD after officers flashbang and storm her home

 

[Titanium_Frost]

Thanks Rambone!

 

[mrjarrell]

And now that it's reached court the city wants to weasel out of it and has released the video of their daring daytime raid, to show that their white knights were all on the up and up. Here's hoping the judge refuses their request to dismiss.

City seeks favorable ruling in SWAT incident lawsuit; police video shows what happened - story

 

[HeadlessRoland]

And now that it's reached court the city wants to weasel out of it and has released the video of their daring daytime raid, to show that their white knights were all on the up and up. Here's hoping the judge refuses their request to dismiss.

City seeks favorable ruling in SWAT incident lawsuit; police video shows what happened - story

Let's see, Kyle Biesecker, noted con-law attorney of Biesecker and Dutkanych (and I guess they made Macer a partner now too), versus Keith Vonderahe, on an issue of the city of Evansville royally screwing up a search warrant and exercising classic police overreach. Let's see, who wins? (I know who my money's on.) Everyone, place your bets!