Skip to comments.Man's arrest outside Live Oak spurs lawsuit
Posted on 07/04/2011 9:25:29 PM PDT by moonshinner_09
A suit filed by a family that says children witnessed the arrest of their father when Sutter County Sheriff's Department deputies responded to a report of shots fired should be dismissed, the county said.
Benjamin Garcia, 35, opened the back door of his home with a loaded shotgun in his hand, was slow to put down the weapon and didn't comply with an order to step away from the gun, according to the county.
Other weapons, including an assault rifle, were found during a protective sweep of the Krehe Road home near Live Oak, the county said.
Sutter County's motion for summary judgment will be heard Aug. 22 in Sutter County Superior Court. The Board of Supervisors took up the case last week in closed session.
The Garcias in their lawsuit filed over the Oct. 26, 2008, incident said it's not illegal to shoot firearms in unincorporated Sutter County and that deputies parked about 60 yards away from their home and walked to the residence when responding to the 1:18 a.m. shooting report. Garcia heard the family dog barking, got a firearm and went to the back door where deputies shot him with a stun gun, the family's lawsuit states. The four children were ordered out of their bedrooms, according to the filing in Sutter County Superior Court.
Garcia in a deposition said he had decided earlier to do some target shooting at empty beer cans.
Deputies arrested Garcia on suspicion of resisting law enforcement officers and possessing abandoned property and he remained in jail for 13 days before the District Attorney's Office dismissed all charges, according to the family.
An attorney for the county in a court filing stated that a family member said during a deposition taken after the lawsuit that the children remained asleep during the incident.
(Excerpt) Read more at appeal-democrat.com ...
Garcia had consumed 10-12 beers the day of his arrest, said the county, which stated that a neighbor along Krehe had called 911 to report hearing several shots fired. The neighbor in a deposition said that at least 20 shots were fired and that music at the home played around the clock. If I was cop and showed up I would of did the same thing. On calls like this they must expect the worst. Drunk and with gun, yeah you will get stunned. Family had no problem with the father getting drunk, playing music all hours of the day and night,effecting his kids.
“Deputies arrested Garcia on suspicion of resisting law enforcement officers and possessing abandoned property...”
Arrested for possessing abandoned property???
Sounds like my brother’s next door neighbor.
I suspect it’s connected to this....
“A bag filled with handguns and rifles was found in a bedroom, according to the county. Garcia said he found the weapons in 2007 in a black bag in an orchard.”
I figured that. But abandoned property?
If I see a bicycle or a hammer laying by the side of the road for a week and I finally take it home, can I be arrested for possessing abandoned property? I wonder if that’s a misdemeanor or a felony.
And whether or not I believe he really found the weapons abandoned in an orchard is a different story.
I’m no lawyer, but.....
2080.1. (a) If the owner is unknown or has not claimed the
property, the person saving or finding the property shall, if the
property is of the value of one hundred dollars ($100) or more,
within a reasonable time turn the property over to the police
department of the city or city and county, if found therein, or to
the sheriff’s department of the county if found outside of city
limits, and shall make an affidavit, stating when and where he or she
found or saved the property, particularly describing it. If the
property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of
any part of the property.
(b) The police department or the sheriff’s department shall notify
the owner, if his or her identity is reasonably ascertainable, that
it possesses the property and where it may be claimed. The police
department or sheriff’s department may require payment by the owner
of a reasonable charge to defray costs of storage and care of the
children witnessed daddy getting arrested -but also witnessed daddy emptying that 12-pack of beer into his gullet during the day into the evening and then making a very unwise decision to handle a weapon targetshooting the empty cans. Assuming that is normal behavior for daddydearest, which effects the children more?
I lost ALL my guns and ammo in an orchard a few years ago.
Got a little lost and couldn’t ever find them again. All 23 of them.
Honest, that’s my story and I’m sticking to it when the blue helmets come to confiscate them.
“possessing abandoned property”
Right. Whatever happened to lost and found?
Here’s something you don’t see reported every day...