Posted on 08/15/2011 6:46:22 AM PDT by marktwain
A federal jury will soon decide if an alleged warrant-less search by the Lumpkin County Sheriff's Office will cost the county money.
On Monday, former sheriff Mark McClure sat on one side of Judge William C. O'Kelley's courtroom in Gainesville while the plaintiff Geoffrey Asher sat on the other.
McClure and several of his officers searched Asher's Emory Stephens Road property in April 2006 without a judge-ordered warrant in hand.
Deputy Eddie Cole initially pulled onto Asher's property that day, after the defendant reportedly sped by him at over 20 miles per hour over the speed limit.
* Asher initially refused to comply with Cole's commands that he lay on the ground and put his arms behind his back. As a result, numerous other deputies arrived on the scene to provide back-up. During Asher's arrest a deputy reportedly spotted several firearms in Asher's car.
The officers then began an extensive search, led by McClure, in which they reportedly came across numerous firearms, large amounts of ammunition and medical supplies. Asher was arrested and taken to Lumpkin County Detention Center where he faced several weapons and drug related charges.
Those charges were later dropped, in early 2009, when then-Lumpkin County Superior Court Judge Murphy Miller deemed the search “warrant-less” and “illegal.”
He noted that then-officers Ryan Miller and Jason Stover opted not to use a tape recorder when attempting to obtain verbal permission for a warrant. Miller also pointed out that then-deputy Benjamin Nix did not include key information when obtaining an official warrant from Judge Jeff Lowe later that night.
Asher has since filled a civil suit against McClure, Cole, Miller, Nix and former officer Curt Donaldson.
His legal team, which is led by Matt Karzen, has yet to ask the jury for a specific amount in damages.
Throughout the daylong session on Monday each side attempted to paint a differing portrait of the April 30, 2006 search.
The county-acquired legal team sought to portray it as an urgent protective sweep in which deputies felt they could be in danger as they uncovered numerous firearms, prescription drugs and blasting caps.
“[It was] as if someone was preparing for a siege or something,” said attorney Terry Williams.
He added that the officers on the scene were attempting to do their job amidst what they saw as a possible threat.
“This case really involves three things,” said Williams. “Defiance, danger and dedication.”
The plaintiff's legal team looked to describe it as a laid-back and sloppy search of his property that took place for hours and without Asher's permission.
“It was a day at the beach for them,” said Asher from the stand. “They were lollygagging.”
The eight-person jury listened intently as a pair of Asher's neighbor's took to the stand and described what they saw take place on the front-lawn that day.
“I actually sat down in the rocking chair and watched the event,” said Kyle Carroll. “It was quite the neighborhood spectacle.”
Carroll said that he walked onto his back-porch to see Asher sitting on his truck while a deputy pointed a gun in the defendant's direction.
“He had his weapon trained on Mr. Asher,” said Carroll. “Mr. Asher was sitting on his tailgate with his arms crossed.”
Much of this face-off was shown for the jury through the footage from Cole's patrol car dash-cam.
In this video, the vehicle of fellow neighbor and witness Jennifer Green can be spotted as Cole's patrol car raced by her in pursuit of Asher.
“[He] was driving erratically,” she said while on the stand. “Really, really fast. And it caused me actually have to swerve to get out of its way.”
Green added that it did not appear to her that Asher was actually being pursued by the patrol car, since Cole had not turned on a siren.
“I couldn't tell that it was following Mr. Asher's truck,” she said. “It was just far enough apart .. I didn't make the connection.”
Asher himself took to the stand and told the court that he, too, was unaware that Cole was in pursuit of his vehicle that day. He said he was shocked and angered to find a deputy on his front lawn with his gun drawn.
“At that moment I was a bit confused. I did not know what was going to happen. I asked ‘Why are you here?'” he said. “And he screamed he was going to shoot me.'”
As evidenced from the dash-cam, Asher yelled back.
“I got a little annoyed when he wouldn't hostler his gun,” he said, while on the stand.
Asher admitted that he refused to follow the deputy's orders for him to lay down on the ground. Instead he said he was waiting for a commanding officer to take control of the scene.
“My sincere belief and hope was that adult supervision was going to show up,” he said.
As Asher's testimony entered the second hour, the court was adjourned for the day.
The list of future witnesses on the docket included McClure, as well as current Sheriff Stacy Jarrard, who was not on the scene that day.
For updates on this trial check in at www.thedahloneganugget.com or see next week's print edition for a more in-depth version.
I was there. wrote on Aug 9, 2011 4:25 PM: " The jury found in favor of the defendant against McClure and Ryan Miller. Defendants Nix, Cole, and Donaldson were dismissed. The defense contradicted themselves and each other with their testimonies and the plaintiffs attorney didn't have to do very much to get this decision. "
Good news! More people are standing up for their Constitutional rights!
Whoo-Hoo! Law Encroachment Senior Skip Day! OT on our buddies, the taxpayers!:
“It was a day at the beach for them,” said Asher from the stand. “They were lollygagging.”
And then there's this Standard Law Encroachment tactic:
The county-acquired legal team sought to portray it as an urgent protective sweep in which deputies felt they could be in danger as they uncovered numerous firearms, prescription drugs and blasting caps.
I'll bet the ordinary taxpayers watching felt that their tax dollars were in danger as they watched numerous deputies swarm the place.
And evem more Law Encroachment boilerplate:
He added that the officers on the scene were attempting to do their job amidst what they saw as a possible threat.
And the money line:
“My sincere belief and hope was that adult supervision was going to show up,” he [Asher] said.
He's lucky the SWAT team, bomb squad and a dozen State Police units didn't show up to get in on the free OT/Peasant Smackdown practice...
There’s another illegal search that’s been in the news in Colorado
http://www.freerepublic.com/focus/f-chat/2762283/posts
Sounds like the right verdict.
“He’s lucky the SWAT team, bomb squad and a dozen State Police units didn’t show up to get in on the free OT/Peasant Smackdown practice...”
____________________
He’s really lucky he didn’t have a dog.
Wonder if the neighbors had to hide their dogs?
He was right! A siege is a great description for what happened to him at the hands of LEOs.
Deputy Eddie Cole initially pulled onto Asher’s property that day, after the defendant reportedly sped by him at over 20 miles per hour over the speed limit.
when you pass some one you have to be going faster than then in order to pass them!
“This is Wiggum reporting a 318 - waking a police officer!”
Which is relevant because....
Is being prepared for something evidence of criminal activity now? And even if his preparedness was excessive, as long as it was on his property and no one was harmed, so the hell what? What makes it any of your effing business, Mr. Williams?
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