school zone violation (Read 4690 times)

randay

Re: school zone violation
« Reply #20 on: September 12, 2023, 05:48:30 AM »
how is this a gun violence incident when no violence occurred?

It isnt, that was me making fun of the guy who loves that particular woke terminology.

zippz

Re: school zone violation
« Reply #21 on: September 12, 2023, 06:27:59 AM »
The criminal complaint.  https://storage.courtlistener.com/recap/gov.uscourts.mtd.74204/gov.uscourts.mtd.74204.1.1.pdf

He was charged for walking on the sidewalk with his firearm, which he admitted to.  Montana has open carry without a permit, so the Feds were the one to charge him.  This case may get rid of the 1000 foot zone.

Guy might be paranoid or might be some stupid neighbors dispute where idiots collide.

QUIETShooter

Re: school zone violation
« Reply #22 on: September 12, 2023, 07:48:33 AM »
The criminal complaint.  https://storage.courtlistener.com/recap/gov.uscourts.mtd.74204/gov.uscourts.mtd.74204.1.1.pdf

He was charged for walking on the sidewalk with his firearm, which he admitted to.  Montana has open carry without a permit, so the Feds were the one to charge him.  This case may get rid of the 1000 foot zone.

Guy might be paranoid or might be some stupid neighbors dispute where idiots collide.

That's usually where the fire starts.
Sometimes you gotta know when to save your bullets.

zippz

Re: school zone violation
« Reply #23 on: September 12, 2023, 09:04:14 AM »
Thinking more about this case, I'm not sure how competent this guy is.  Besides what appears to be paranoia, there's this quote from the 49 year old:

"METCALF then talked about how since he has moved to Montana, he has begged his mother to buy him a handgun to protect her property. He stated that she refuses to with numerous excuses as to why. He then said that her refusal is going to lead to him being shot."

"FO Stroble then asked about how METCALF would check his yard for incendiary devices. He stated that he stands watch during the night and gets just a few hours of sleep in the morning.  He said the first thing he does when he leaves his front door is to sweep his property for anyone lying in wait and to make sure no one has left incendiary devices and explosives around the house. METCALF said that Carpenter set up an elaborate trap with gasoline and a leaf blower. He said that Carpenter also left his lawnmower on high-idle to what METCALF assumed would mask any screams."

 "METCALF believed the lack of physical presence from law enforcement was due to his property being "bombarded" with chemicals."

So not the sharpest tool in the shed.  Also I don't know how successful he would be with a public defender, who are usually overworked and less experienced.  Sometimes you'll get lucky and get a really good one but that's uncommon.  Most criminal defense attorney's aren't good at civil rights law, much less a public defender.  Hopefully a gun rights org will help him out.

Flapp_Jackson

Re: school zone violation
« Reply #24 on: September 12, 2023, 09:19:54 AM »
Thinking more about this case, I'm not sure how competent this guy is.  Besides what appears to be paranoia, there's this quote from the 49 year old:

"METCALF then talked about how since he has moved to Montana, he has begged his mother to buy him a handgun to protect her property. He stated that she refuses to with numerous excuses as to why. He then said that her refusal is going to lead to him being shot."

"FO Stroble then asked about how METCALF would check his yard for incendiary devices. He stated that he stands watch during the night and gets just a few hours of sleep in the morning.  He said the first thing he does when he leaves his front door is to sweep his property for anyone lying in wait and to make sure no one has left incendiary devices and explosives around the house. METCALF said that Carpenter set up an elaborate trap with gasoline and a leaf blower. He said that Carpenter also left his lawnmower on high-idle to what METCALF assumed would mask any screams."

 "METCALF believed the lack of physical presence from law enforcement was due to his property being "bombarded" with chemicals."

So not the sharpest tool in the shed.  Also I don't know how successful he would be with a public defender, who are usually overworked and less experienced.  Sometimes you'll get lucky and get a really good one but that's uncommon.  Most criminal defense attorney's aren't good at civil rights law, much less a public defender.  Hopefully a gun rights org will help him out.

According to police records, the cops were warned not to approach the neighbors who were harassing Metcalf because they were dangerous -- gang members who routinely had other gang members in their home.

Metcalf obtained a TRO, but it didn't stop the neighbor from threatening the wife and Metcalf himself.

After years of trying to get police protection, he began using his shotgun to create a show of force to hopefully deter more harassment or worse.  He stated he would have preferred to carry a pistol that's less visible to the public, but he can't afford one at the moment.

He's never been arrested by local police, never been a felon, never had mental health problems, never been accused of any crime, and never accused of threatening anyone with his firearm.

Apparently the neighbor has tried to set fire to Metcalf's home in the past.

He might be a little bit paranoid, and he might be utilizing methods that seem odd, but that doesn't mean he doesn't have reason to fear the people harassing him and his wife.  The TRO was issued with some basis, I would think, so evidence of bad behavior by the neighbor has to exist.

Apparently the TRO hasn't prevented more harassment, which we all know is common.  A piece of paper from a judge isn't going to stop a criminal.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

zippz

Re: school zone violation
« Reply #25 on: September 12, 2023, 09:44:04 AM »
According to police records, the cops were warned not to approach the neighbors who were harassing Metcalf because they were dangerous -- gang members who routinely had other gang members in their home.

Metcalf obtained a TRO, but it didn't stop the neighbor from threatening the wife and Metcalf himself.

After years of trying to get police protection, he began using his shotgun to create a show of force to hopefully deter more harassment or worse.  He stated he would have preferred to carry a pistol that's less visible to the public, but he can't afford one at the moment.

He's never been arrested by local police, never been a felon, never had mental health problems, never been accused of any crime, and never accused of threatening anyone with his firearm.

Apparently the neighbor has tried to set fire to Metcalf's home in the past.

He might be a little bit paranoid, and he might be utilizing methods that seem odd, but that doesn't mean he doesn't have reason to fear the people harassing him and his wife.  The TRO was issued with some basis, I would think, so evidence of bad behavior by the neighbor has to exist.

Apparently the TRO hasn't prevented more harassment, which we all know is common.  A piece of paper from a judge isn't going to stop a criminal.

Answer's usually somewhere in the middle.  Where idiots collide.

zippz

Re: school zone violation
« Reply #26 on: September 12, 2023, 10:31:33 AM »
Might be something to it (the neighbors)

Flapp_Jackson

Re: school zone violation
« Reply #27 on: September 12, 2023, 10:39:21 AM »
Might be something to it (the neighbors)

From what I've seen, this feud has been going on for awhile.  This is not a case of someone imagining the neighbor is out to get them.

And it's not just the one guy.  It's his "homies", too.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

Re: school zone violation
« Reply #28 on: September 12, 2023, 01:04:52 PM »
The criminal complaint.  https://storage.courtlistener.com/recap/gov.uscourts.mtd.74204/gov.uscourts.mtd.74204.1.1.pdf

He was charged for walking on the sidewalk with his firearm, which he admitted to.  Montana has open carry without a permit, so the Feds were the one to charge him.  This case may get rid of the 1000 foot zone.

Guy might be paranoid or might be some stupid neighbors dispute where idiots collide.


Ahhhh here's the kicker. He broke federal law. But like u said, I hope this gets rid of the 1000 ft school zone. KNowing the feds, I wonder if he really admitted to it or they lead him down a path of questioning which trickery was used.

changemyoil66

Re: school zone violation
« Reply #29 on: September 28, 2023, 01:18:43 PM »
The shotgun guy was unable to hire an atty, so a federal one was provided for him.  As he was about to be released, the MT police found a 3 year old warrant for assault which also even if convicted would't strip him of his 2a right. So he was denied being released.  He has been in jail for about  a month now.  He's awaiting a public defender, but this county has a history of not having enough. Last year about 600 people didn't receive their right to an atty provided if they cannot afford one.  Keep in mind that the MT police came to his home repeatedly and never mentioned the warrant. #noteverythingistinfoil.

A condition of his release for his federal charge was he would also have to wear an ankle monitor and it cost him $300 a month.  He already cannot afford an atty, so they're adding this additional cost on him.  Meanwhile his neighbor who he has the 10 year restraining order on also committed another felony and was released without an ankle monitor.

I have a feeling that since he decided to talk to the feds and not remain silent, he was tricked into saying he took the trash out while holding his shotgun (on the sidewalk).  THis is why u keep your mouth shut. They aren't talking to you to be your friend or to help you. They are looking that you say smoothing that gives them more to arrest/charge you with something.

Flapp_Jackson

Re: school zone violation
« Reply #30 on: September 28, 2023, 01:41:21 PM »
The shotgun guy was unable to hire an atty, so a federal one was provided for him.  As he was about to be released, the MT police found a 3 year old warrant for assault which also even if convicted would't strip him of his 2a right. So he was denied being released.  He has been in jail for about  a month now.  He's awaiting a public defender, but this county has a history of not having enough. Last year about 600 people didn't receive their right to an atty provided if they cannot afford one.  Keep in mind that the MT police came to his home repeatedly and never mentioned the warrant. #noteverythingistinfoil.

A condition of his release for his federal charge was he would also have to wear an ankle monitor and it cost him $300 a month.  He already cannot afford an atty, so they're adding this additional cost on him.  Meanwhile his neighbor who he has the 10 year restraining order on also committed another felony and was released without an ankle monitor.

I have a feeling that since he decided to talk to the feds and not remain silent, he was tricked into saying he took the trash out while holding his shotgun (on the sidewalk).  THis is why u keep your mouth shut. They aren't talking to you to be your friend or to help you. They are looking that you say smoothing that gives them more to arrest/charge you with something.

Over and above the cops not "mentioning the warrant," they stated to him and to various public media outlets that he had broken no laws, and they had no reason to arrest him.  Basically, the warrant was either never entered properly in the system, or it didn't exist.

So, for 3 years of interacting with cops, lawyers and prosecutors, this 3-yr-old warrant mysteriously went unnoticed.

What kept them from "finding it" during the month he was in jail?  Or the 3 years prior to that?  Why and how was it suddenly found before his release?  Smacks of local cops exploring ways to keep him in jail because they were unable to arrest him for 3 years -- yet the feds did it with no problem.

The reason he needs a new public defender is because his current PD is a federal lawyer who is not allowed to represent him in local cases.   :wtf:

His mother is the sole bread winner.  However, after contracting COVID in Jan, she's been unable to work, and he had to provide card for her during that time.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: school zone violation
« Reply #31 on: November 08, 2023, 02:22:39 PM »
** UPDATE **

The case is heading to Federal Court.

This is so crazy!!

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw