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AZ:Man in Desert Arrested for not Surrendering Rifle to Deputies who Refused to show ID
Gun Watch ^ | 21 August, 2013 | Dean Weingarten

Posted on 08/20/2013 11:07:33 AM PDT by marktwain



Richard Malley helps patrol the sparsely populated Arizona desert to spot Illegal aliens.  He has been arrested for refusing to surrender his rifle to deputies who refused to show their ID.  The story says that Richard Malley is accused of aggravated assault for allegedly pointing his rifle at a deputy.   From  abc15.com:

GILA BEND, AZ - Authorities arrested an Arizona Minuteman for allegedly pointing a rifle at a deputy over the weekend.

According to court paperwork, 49-year-old Richard Malley and two other men who are part of the Minuteman militia were patrolling the desert just east of Gila Bend, along Interstate 8, Saturday night.

Two Maricopa County Sheriff's deputies were checking nearby mile posts often used for drug trafficking when they came across mile post 140, court papers said.

When the deputies pulled up to the area, they reportedly flashed their high beams and honked their horn.

Court papers say Malley thought a crime was occurring when the deputies showed up, so he felt the right to flash his rifle and a flashlight at one of the deputies.

The deputy verbally identified himself as law enforcement, but Malley continued to point his rifle and asked the deputy to show identification, court documents said.


Crucial details that seem to be glossed over in the story, are these:

Arizona has a "defensive display" law that allows citizens to show that they are armed if they are in fear of attack.

Numerous crimes have been facilitated by criminals wearing police uniforms and claiming to be police.

Nowhere in the story does it say that the deputies turned on their police lights or siren. Such a display would have helped to identify them. It is never mentioned whether or not the vehicle had any official markings.

Merely flashing high beams and honking does not indicate a police presence.

All of the above occurred in darkness, as shown by the use of vehicle lights and the flashlight, making positive identification even more difficult.

When the additional units arrived, Malley apparently cooperated fully, because there are no charges of resisting arrest or of obstruction of justice.

I find it less than credible that Malley actually pointed the rifle at a deputy.  Deputies are trained to react violently to such a direct threat.  More details will come out as the case unfolds.

 I hope that there is some video of the event.



 ©2013 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch



TOPICS: Government; Outdoors; Politics; Society
KEYWORDS: az; banglist; defensivedisplay; donutwatch; govtabuse; guncontrol; opencarry; rapeofliberty; secondamendment
At what point are citizens required to disarm simply because someone is wearing a uniform?

If, as it appears, Mr. Mally cooperated when it was clear that the people who confronted him really were deputies, why was he arrested?

1 posted on 08/20/2013 11:07:33 AM PDT by marktwain
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To: marktwain

Badges? Badges? We don’t need no stinking badges!


2 posted on 08/20/2013 11:10:58 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain
I know that area pretty well. It is truly in the middle of nowhere. Very likely, no cell phone coverage.
3 posted on 08/20/2013 11:15:38 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

If they weren’t Maracopa County Sheriffs I would say it was THE FOREIGNER REGIME giving orders to arrest those stopping the illegals from coming in.


4 posted on 08/20/2013 11:16:58 AM PDT by spawn44 ( MOO)
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To: marktwain

Know what? The guy is still alive to tell about it. He did the right thing.


5 posted on 08/20/2013 11:17:11 AM PDT by Obadiah (Inside of every Liberal beats the heart of a fascist yearning to reveal their true nature.)
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To: marktwain

Another arrest that makes no sense


6 posted on 08/20/2013 11:17:40 AM PDT by GeronL
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To: marktwain

Sometimes members of law enforcement are a special kind of stupid.


7 posted on 08/20/2013 11:17:40 AM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: marktwain

8 posted on 08/20/2013 11:17:46 AM PDT by null and void (Frequent terrorist attacks OR endless government snooping and oppression? We can have both!)
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To: marktwain

Even if the people DO show themselves to be deputies, why should they be able to disarm a citizen absent some PC? If they can stay armed, why not their employer?


9 posted on 08/20/2013 11:24:30 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: spawn44

I doubt that Sheriff Joe would condone such conduct from his deputies


10 posted on 08/20/2013 11:25:01 AM PDT by clamper1797 (Evil WILL flourish when good men WILL not act)
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To: marktwain
I think there is more to this story.

Biggest problem is Mr Mally continued pointing the rifle at the deputies after they identified themselves. God knows a rifle pointed at you will cause your puckering string to clinch tight. Which probably explains the arrest.
Fear and adrenalin will do that. Better an arrest and release than the alternative. Remember these guys are not patrolling the border, but 60-80 miles north of the border and sometimes these minuteman groups are more in the way than they are a help. I live just east of this area across the county line in Pinal County and deal with deputies of both counties fairly regular. Never have I seen or heard them act beyond what I would expect. Like I said earlier, there is more to this story.

11 posted on 08/20/2013 11:29:13 AM PDT by Tupelo (There are no Republicans or Democrats in Washington. Just Millionaires protecting their turf.)
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To: marktwain

Anyone notice how in SO many ways authority now views citizens as THE ENEMY...?

At different times and in different ways, we are reverting to King George III, or Robin Hood & Sheriff Knottingham.

Authority is AFRAID of it’s subjects, for some reason.


12 posted on 08/20/2013 11:45:13 AM PDT by gaijin
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To: Tupelo; All
“Biggest problem is Mr Mally continued pointing the rifle at the deputies after they identified themselves. God knows a rifle pointed at you will cause your puckering string to clinch tight. Which probably explains the arrest.’

You are assuming two things which are not shown to be true.

First, it is clear that the deputies never did identify themselves.

Second, it is only alleged that he pointed the rifle at deputies.

13 posted on 08/20/2013 12:14:31 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Tupelo

Why would a police officer refused to identify themselves?


14 posted on 08/20/2013 12:37:02 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Tupelo

He should have prostrated himself and groveled, like any good peasant knows to do in the presence of The King’s Men.


15 posted on 08/20/2013 12:47:52 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: clamper1797

“I doubt that Sheriff Joe would condone such conduct from his deputies”

The question is, will Joe do something about it then? Make no mistake, Joe is still LE and has all the baggage that goes with it.

He may have a tough attitude when it comes to dealing with convicts, but does he have a similar attitude when it comes to policing his ‘brother officers’?


16 posted on 08/20/2013 1:03:00 PM PDT by LevinFan
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To: driftdiver; All
“Why would a police officer refused to identify themselves?”

I can think of a lot of reasons. They might not want criminals to know their real name. They might be as leery about digging around for an ID in front of an armed man in the middle of nowhere, as Mr. Mally was leery of them.

I do not fault the officers too much, except after they decided that they had to arrest Mr. Mally.

There are so many details left out of this story that it is pitiful.

I hope that we will get both sides of the story before too long.

17 posted on 08/20/2013 1:31:31 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Tupelo

Always assume the proper position of submission to your uniformed betters, it helps the beatings to be less severe.
Be sure to thank the man for his concerns.
“ Numerous crimes have been facilitated by criminals wearing police uniforms and claiming to be police.”
Even if he may not be a police officer.

/ sarc.

Didn’t read the article, did you.
Also not aware of punks dressing as cops to commit their crimes?
Happens often around my area.


18 posted on 08/20/2013 1:49:03 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: marktwain
I can think of a lot of reasons. They might not want criminals to know their real name.

I would assume that "identify" would mean showing ones credential, not verbally giving name, address, and phone number. That is a routine and expected action; and the reason cops carry an official ID.

19 posted on 08/20/2013 3:37:25 PM PDT by ApplegateRanch (Love me, love my guns!©)
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To: ApplegateRanch; marktwain

Yep, when a cop won’t prove he’s a cop then he’s not a cop.

In this context show a badge or something else to prove you’re real.


20 posted on 08/20/2013 3:53:51 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
In this context show a badge or something else to prove you’re real.

I would like to see legislation to clarify that anyone who might have reason to doubt the legitimacy of a government agent's actions has the right to question it; one of the duties of a government agent is to dispel any such reasonable doubts, and government agents should not bristle at being asked to do their duty.

21 posted on 08/20/2013 4:18:22 PM PDT by supercat (Renounce Covetousness.)
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To: supercat; All

I agree. Reading the article, it appears that the deputies believed that a uniform should be all that was required.


22 posted on 08/20/2013 5:27:55 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain
At what point are citizens required to disarm simply because someone is wearing a uniform?

Cower Worm!

Read this informational brochure on the proper interaction with government agents:
Stop, Drop, and Cower
[Direct Link]

23 posted on 08/20/2013 7:11:04 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: marktwain

Bump


24 posted on 08/20/2013 7:15:10 PM PDT by Jet Jaguar
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To: marktwain

“He then asked Malley to surrender his weapon, and Malley replied, “You aren’t taking my weapons.”

The deputy then said he would wait for additional units to arrive before taking anyone’s weapons.”

Sounds reasonable to me. Yes, cops do have the right to disarm you in order to control the scene while they investigate what is happening. Anyone who thinks otherwise is likely to end up in jail, with reason.


25 posted on 08/20/2013 7:20:06 PM PDT by Mr Rogers (Liberals are like locusts...)
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To: marktwain

If a badge is not enough, then what is? Do they need your Momma to come out and vouch for them?

What do YOU consider sufficient ID?


26 posted on 08/20/2013 7:22:07 PM PDT by Mr Rogers (Liberals are like locusts...)
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To: Mr Rogers; All

I would believe department credentials. When I was a peace officer for a while, the requirements for credentials were set in state law, and anyone could read them. For example, there had to be a state seal applied to the credentials that overlapped the photograph.

I did not see anywhere in the article that the deputies even showed a badge. Maybe they were wearing one, maybe not.

Very little information in the article.

I would like to know if they were in a civilian vehicle, a marked squad, or an unmarked official vehicle.

When you are many miles in the middle of nowhere, probably without cell phone coverage, at a known drug/people smuggling corridor, it pays to be cautious, for both sides.


27 posted on 08/20/2013 9:37:34 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Mr Rogers

“Sounds reasonable to me.”

Yes, to me to. Apparently it sounded reasonable to Mr. Malley as well, as there is no indication that he did not cooperate when the backup arrived.


28 posted on 08/20/2013 9:39:31 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain; All

So it turns out it was an unmarked car, the deputies were in camouflage, not regular uniforms, and did not display badges.

Not only that, but they were deliberately playacting as drug dealers.

http://www.freerepublic.com/focus/f-news/3056922/posts


29 posted on 08/21/2013 4:27:36 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

Thanks for the update.


30 posted on 08/24/2013 9:02:43 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: GeronL

It makes sense if you assume their objective is to condition the public to automatically *comply* with any and all orders, no matter how illogical or unconstitutional.


31 posted on 08/28/2013 9:56:29 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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