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Court Case - Verdict Found State of San Andreas vs Osiris Shelby

Discussion in 'Court Proceedings - Archive' started by Cinnaduma, Mar 19, 2020.

  1. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    Arraigned By: TBD
    Prosecutor: TBD
    =========================
    Case number: 824
    Charges: (Code & written)
    F3 (Kidnapping) - Not Guilty

    Defendant: Osiris Shelby

    Defense Attorney: N/A

    =========================
    Arresting (Charging Agency) Officer: Trooper Davis

    Officer(s) Involved: N/A

    Witnesses: N/A

    Evidence:
    1x Taser, 1x Switchblade, 1x Combat Pistol, 1x Fire Extinguisher

    Incident Summary:
    (((PLEAD NOT GUILTY))) On 3/19/2020 308 responded to shots fired on Clinton Ave. Upon arrival, multiple Ram trucks were seen fleeing and 308 initiated traffic on one of them containing a Mr. Osiris Shelby inside who was identified via physical ID. 308 had Mr. Shelby step out of the vehicle so he can be detained and proceeded to look in the vehicle and caught eyes on Mr. Dane Deluca in the backseat with multiple gun shot wounds. 308 attended to Mr. Deluca with field medical and had him transported to Pillbox Medical Center. 308 then went down to Mission Row to question Mr. Shelby. Mr. Shelby was under Miranda when he stated that he was told by an unknown individual to pick up Mr. Deluca while he was down and transport him to an unknown location, and Mr. Shelby proceeded to follow the instructions. Mr. Shelby stated to not have known the individual that gave him the instructions and was uncompliant during the questioning, with that, due to the fact that Mr. Shelby was holding Mr. Deluca against his will, Trooper Davis charged Mr. Shelby with F3. Mr. Shelby plead not guilty to the charge and was therefore sentenced to 60 months with a $7,500 fine
     

    Attached Files:

  2. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    At this time I find there to be sufficient and probable cause in allowing this case to proceed.
    Trial begins on the 20th day of March at 1200 hours
    Trial ends on 27th day of March at 1200 hours
    The Trial will last 7 days


    Signed,
    Judge Daniel Williams
     
  3. Expresso 02

    Expresso 02 New Member Criminal

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    Can this case be put on a hold, Currently looking for a lawyer but there are non around
     
  4. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @Expresso 02

    Please make sure to identify yourself when you address the court as I have no idea who you are. I am however going to assume that you are Mr. Shelby. At this time this case will be calendared for the a start date of the 24th of March at 1200. This will be the only extension of the start date allowed as you have had 5 days to either represent yourself or find a lawyer.

    Trial begins on the 24th day of March at 1200 hours
    Trial ends on 31th day of March at 1200 hours
    The Trial will last 7 days


    Signed,
    Judge Daniel Williams
     
  5. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    @Cinnaduma
    @Expresso 02

    Attorney Odin Niveus representing Mr Osiris Shelby on case 824 as of the 26th of March, 2020. We are ready to proceed and thus request the prosecutions opening statement.

    Odin Niveus
    Attorney
    Registered Law Office, state of SA
     
  6. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @SmokinMonk

    Mr. Niveus as there is no active state prosecutor you may present your case at your earliest convenience. The court will interject as needed for additional information or clarification.

    Judge Williams
     
  7. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    @Cinnaduma

    To be clear there will be NO prosecutor? If there is even the slightest prospect that you will permit someone to act on behalf of the prosecutors office I ask that they be assigned as soon as possible. So long as that person is not the arresting officer or a party to the incident in any way, I'm okay with that. Just let me know if its a no, yes, or maybe.

    Afterall, I do intend to present strong challenges to the evidence presented. I reserve the right to dispute the prosecutions account and come to an agreed statement of facts.

    Odin Niveus
    Defense Attorney
     
    Last edited: Mar 26, 2020
  8. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @SmokinMonk

    As myself and the Chief Justice have both informed you there is currently no active prosecutor. Please present your case.

    Judge Williams
     
  9. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    @Expresso 02
    @Cinnaduma

    My client Mr Shelby was acting under provisions of the Good Samaritan Act at the time of the incident. It covers aid given to someone incapable of caring for themselves so long as that care is within a persons personal capability and training. Mr Shelby is not trained in first aid but has a rudamentary understanding of the need for a person to be transported to a hospital when the victims injury is beyond his level of care.

    Before the day of the incident Mr Shelby had never met the injured man or the second bystander. He lives in Vinewood Hills with his fiance in a house they co-own. A fisherman by trade, he spends his spare time driving his truck and hanging out with friends. To his account, Mr Shelby was gassing his pickup truck at the neighborhood gas station that night (around midnight), when he'd heard some shooting. Out of curiosity he went to take a look after a few minutes when things ought to have been safer. That is when he discovered a man wearing a bandana bleeding on the ground with a second man standing aside him.

    The man standing urged Mr Shelby to take the man down to the hospital. As the man down was said to be unable to effectively communicate (mumbling, incoherent), and visibly bleeding, my client decided to aid the man by loading him into his truck and driving him to a safe hospital. A firearm located on the injured man was secured as he was loaded into the back seat. The other bystander left in a pickup truck of the same make, as Mr Shelby began to drive north to Sandy Shores Medical Center. According to my clients train of thought the closest hospital might've been dangerous for the injured man because those that tried to kill him could try again, with a distinct chance they'd attack Mr Shelby as well. Therefore Mr Shelby decided on a hospital he knows and trusts and knew would more than likely be a safe bet.

    Both myself and my client are unsure why the police have laid criminal kidnapping charges. The injured man never communicated to Mr Shelby that he didn't want help or wanted out of the truck. By Mr Shelby's account he was incapable of asking for the very help he needed to survive. It could only be assumed that if Mr Shelby offered help, his answer would be yes.

    Odin Niveus
    Defense Attorney
     
    Last edited: Mar 28, 2020
  10. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    I would also like to dispute that in the summary, my client is described as being uncooperative. When police signaled Mr Shelby to stop his truck, he did. When they mirandized him he spoke and spoke immediately when questioned. Even after he was arrested for kidnapping he was interviewed again in the police station, this time by a plain clothes police officer whose last name was Davis. This officer continued to ask questions that my client was unable to answer to his satisfaction, and from my knowledge this is the only reason why the report would describes him that way. Mr Shelby's account of this interrogation notes a police officer who repeatedly interrupted him, overspoke him, and raised his voice to comandeer the conversation. My client was fully cooperative, he simply doesn't know the name of the other bystander.

    The case summary also states: "...told by an unknown individual to pick up Mr. Deluca while he was down and transport him to an unknown location, and Mr. Shelby proceeded to follow the instructions." This perception is biased and shows that whoever filed the report has construed some kind of relationship between the unknown bystander and my client, even though there is no evidence to support this theorizing.

    Last of all theres no victim statement or other evidence to indicate the injured man was held against his will, only that police say it happened. Was this case created by police or initiated by the victim?

    Odin Niveus
    Defense Attorney
     
    Last edited: Mar 28, 2020
  11. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    As this case ends within a day, I recommend Mr Osiris Shelby be acquitted of the charge provided. There exists more than a reasonable doubt that a criminal act took place. How the injured man became wounded is not explained, who did or might've done it is not explained, a connection to these and the defendant doesn't exist, and the reasoning for the charges has not been explained. The bystander's involvement is unknown, as is their identity and motivation. Mr Shelby's actions are covered by Good Samaritan Law, it is a fact that people in this state convey injured people to hospitals on a frequent basis.

    There is no connection between Mr Shelby and how the man became wounded. A gunshot residue test was administered by police and returned negative, why this has not been included in the arrest record indicates bias on part of the charging officer. Blame has been placed on the defendant for coming to the aid a man with life threatening injuries, meanwhile other parties could be to blame and details on this are non-existant to us.

    Odin Niveus
    Defense Attorney
     
  12. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @SmokinMonk

    As I am sure council is aware the Good Samaritan Statues (RCW 4.24.300) does not protect your client from criminal prosecution. It protects your client from civil recourse.

    "(1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection."

    All other arguments will be taken into consideration during deliberation. This court will not be fast tracked into a decision and will go over all aspects of the case.

    Signed,
    Judge Williams
     
  13. Falcon

    Falcon Member

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    SUPERIOR COURT OF SAN ANDREAS
    MOTION TO BECOME PROSECUTOR



    Case number: 824
    Plaintiff - (State of San Andreas),

    vs.

    Defendant - (Osiris Shelby),
    Defense Attorney - (Odin Niveus)
    TO THE HONORABLE JUDGE OF SAID COURT

    At this time, I, Dan Macklin am requesting to become the prosecutor on this case.

    Alongside this, I am also requesting a 3-day extension starting 3/31/2020 to 4/2/2020

    D. Macklin
    State Prosecutor
     
    SmokinMonk likes this.
  14. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @Jericho Bane
    @SmokinMonk

    Welcome to my courtroom Mr. Macklin.

    Your motion to step in as lead prosecutor is granted. As the defense asked for a few days so their attorney could become familiar with the case I am sure they have no problem extending the case another few days for you. New end date for this case is April 2nd.

    Signed,
    Judge Williams
     
    Last edited: Mar 31, 2020
    SmokinMonk likes this.
  15. Falcon

    Falcon Member

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    Good Evening Your Honor,

    The defense has stated that a statement made by Trooper Davis stating "...told by an unknown individual to pick up Mr. Deluca while he was down and transport him to an unknown location, and Mr. Shelby proceeded to follow the instructions." was biased and had some speculation. What the defense conveniently left out was that "Mr. Shelby was under Miranda when he stated that he was told by an unknown individual to pick up Mr. Deluca while he was down and transport him to an unknown location, and Mr. Shelby proceeded to follow the instructions" Who was this unknown individual? Why would Mr.Shelby refuse to release information regarding this individual or the location? Why would he trust this unknown individual?

    The defense also stated that "my client decided to aid the man by loading him into his truck and driving him to a safe hospital." why wasn't the police called? Police Officers were on duty and on standby at the time and were on scene quickly after the shots where fired.

    Another statement made by the defense was that "Out of curiosity he went to take a look after a few minutes when things ought to have been safer" this statement is completely nullified by the officers who quickly responded to the scene to which they immediately spotted multiple rams speeding off one of them having Mr.Deluca in one of them. "multiple Ram trucks were seen fleeing and 308 initiated traffic on one of them containing a Mr. Osiris Shelby inside who was identified via physical ID"

    It should also be noted that police officers do not need the authorization from a victim to charge Mr.Shelby with kidnapping. The definition of kidnapping is:

    Kidnapping:
    ⦁ Hold them for ransom, or as a shield or hostage;
    Facilitate the commission of a felony or escape after committing a felony;
    ⦁ Inflict bodily injury on them;
    ⦁ Inflict extreme mental distress on them or on another person; or
    ⦁ Interfere with a governmental function.
    Therefore Mr.Shelby was facilitating the commission of a felony (The shooting.)

    Signed, Dan Macklin
    State Prosecutor
     
    Last edited: Mar 31, 2020
  16. Falcon

    Falcon Member

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    Your Honor,

    To add on to my last statement, according to the defense, Mr. Shelby was trying to be a good samaritan by being helpful to other civilians. If all Mr.Shelby was trying to do was help, why according to the incident summary was Mr. Shelby "uncompliant during the questioning"? According to the defense, Mr.Shelby was fueling up and was going on with his normal day and conveniently went to the shots fired to help. What would there be to hide? All that shows is Mr.Shelby is an upstanding citizen.

    "When they mirandized him he spoke and spoke immediately when questioned." "My client was fully cooperative, he simply doesn't know the name of the other bystander." If this is the case, why has Mr.Shelby not revealed the location to what the bystander said? You do not need to know someones name to understand what where they are telling you to go to.



    Signed, Dan Macklin
    State Prosecutor
     
    Last edited: Mar 31, 2020
  17. Falcon

    Falcon Member

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    Good Evening Your Honor,

    After getting in contact with Mr.Dane Deluca, at this time I would like to submit Mr. Dane Deluca's victim statement:
    "I was getting off Senora Road heading to the gas station on Clinton Avenue where 3 rams approached me and opened fire. After i got hit a few times I began to fall unconscious and fell completely unconscious after being put into one of the 3 rams. I then wake up the sounds of sirens and the vehicle pulled over where I was spotted by police and transported."

    This statement made by the victim himself completely contradicts anything the defense has said regarding Mr.Shelby refueling, Mr.Shelby being a bystander or anything about Mr.Shelby being innocent. This completely labels Mr.Shelby as the offender. This statement goes along with the officer's statement of multiple rams fleeing immediately on scene and one being chased, being pulled over and Mr. Deluca being found. This also completely nullifies the statement of Mr.Shelby being a bystander nearby.

    To further question the vague statements of Mr.Shelby's direct involvement prior to the transport, attached to this statement are 2 pictures of a GPS with all nearby places to the Clinton Avenue Gas station. According to the area, Mr.Shelby was in the area at the gas station. The nearest Gas Station to the shooting is the Mirror Park Gas Station. Also attached to this statement is the estimated distance horizontally from both gas stations, which is estimated to be 2000+ feet. If Mr.Shelby's statement is true, Mr.Shelby waited a few minutes to drive the distance, to show up to another innocent bystander already there. The inconsistency within this is that officers showed up quickly enough to spot the shooters driving off, meaning that they were on the scene almost immediately. And Mr.Shelby's ram was immediately spotted leaving and chased after to which they stopped on Senora Road.

    Your honor (@Cinnaduma)

    At this time, I, The prosecution asks for this case to be moved to judgment. Many if not all of the statements made by the defense are not consistent with anything Mr.Deluca's statement or the police report and are more than likely falsified. The defense has clearly admitted to Facilitating the felony escape with their own statement.

    Signed, Dan Macklin.
    State Prosecutor.
     

    Attached Files:

  18. SmokinMonk

    SmokinMonk Well-Known Member Supporter S.A.F.R. Department of Justice

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    @Falcon
    @Cinnaduma

    I have no problem with an extension to the court date with the purpose of facilitating a full trial. However, I need time to contest or debate some of the prosecutions replies. Therefore I would like judgement postponed until we have had sufficient time to both dispute and discuss the case before this court.

    I will begin the rebuttle in point format to make it more convenient.

    1. To begin, when was Mr Dane Deluca's statement recorded? Who recorded it? I believe it should not be admitted as evidence if it was obtained after I began the defense in this court. (However, I could accept transcripts or notes that the police recorded prior to this trial commencing.) This is a reservation for such a motion to suppress.


    2. "This statement goes along with the officer's statement of multiple rams fleeing immediately on scene and one being chased, being pulled over and Mr. Deluca being found. This also completely nullifies the statement of Mr.Shelby being a bystander nearby." - Dan Macklin

    It doesn't nullify Shelby being a bystander because Dodge Rams are common vehicles, and are fairly popular. As conincidental as it may be it in itself is not grounds for charging. There is no evidence to indicate all three vehicles operated in concert, and nothing to indicate there is a prior relationship between the occupants of the three Rams.


    3. Mr Shelby never used a firearm, and the only firearm found on him belonged to Dane Deluca. Mr Shelby's possessions included the switchblade, tazer, and fire extinguisher. Although this fact was omitted in the police report my client reports a gunshot residue test was administered by police and the result was negative. This is reflected in the lack of associated charges on the charging sheet.


    4. The charge of kidnapping only applies if the action was intentfully criminal, and in this specific situation the accused would have to have known what was taking place prior to the event, or have participated in the assault in some way. There is no evidence indicating that Mr Shelby knew in advance that a crime was going to take place. There is no evidence of a prior relationship between Mr Shelby and the assailents, the bystander, or the victim.


    5. "If this is the case, why has Mr.Shelby not revealed the location to what the bystander said?" - Dan Macklin

    The police summarized Mr Shelby's interview answers in short and the above is not the actual response given to a particular question or line of questioning. From what I comprehend out of Mr Shelby's account, the bystander urged Mr Shelby to do something about the man down without going into detail. One could logically come to the conclusion that this 'unknown location' was the officers way of describing that.


    6. If Dane Deluca's statement is allowed into evidence I intend to use it to corroberate some of the statements the defense has provided. This is a reservation for such a rebuttle when / if Judge rules in favor of it.


    7. "The defense has clearly admitted to Facilitating the felony escape with their own statement." - Dan Macklin

    No, the defense has not admitted to facilitating a felony escape. The police recorded that the accused stopped when signaled to do so.


    8. "Many if not all of the statements made by the defense are not consistent with anything Mr.Deluca's statement or the police report and are more than likely falsified." - Dan Macklin

    Simply because facts do not line up doesn't mean one is false each and every time, it only means there may be an alternative explanation. The statement from police is very basic and indescriptive, as is the one from Mr Deluca the prosecution is attempting to enter as evidence. If the latter was obtained after the defense began, the victim may have already been biased by reading this court case.

    It is normal to want justice when a wrong is done to you, but an incident can become colored or clouded by emotion and thoughts having developed in the days after a traumatic incident. These are called contaminated statements, just like a suspect can be encouraged to confess to something they may have not done, a victim can create a statement solely to try and give themself comfort and or security in knowing something was done. This is a reservation for such a motion to suppress (different from #1).


    9. "Another statement made by the defense was that "Out of curiosity he went to take a look after a few minutes when things ought to have been safer" this statement is completely nullified by the officers who quickly responded to the scene to which they immediately spotted multiple rams speeding off one of them having Mr.Deluca in one of them." -Dan Macklin


    We do not have an accurate timeline of when the shots were recorded and the time police arrived on scene. Defense did state a few minutes but this is also a generalizaion; meaning at least one minute but no more than three minutes. Also, the bar for conviction is beyond a reasonable doubt, and there is much doubt about each trucks occupants, actions and motives. It is not recorded which truck was what color or had unique features. Again, what was stated by the defense is not nullified because there is no direct contradiction, simply approximates and generalizations.


    10. If the statement is allowed into evidence, I wish to compare it with what the police took down from the victim at the time of the incident. This is a reservation for such a subpoena.


    Odin Niveus
    Defense Attorney
     
    Last edited: Apr 1, 2020
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  19. Cinnaduma

    Cinnaduma Member Supporter Department of Justice Criminal

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    @Falcon

    Mr. Macklin,

    Please provide opposing council with the correct evidence discovery information in regards to the statement from the victim.

    @SmokinMonk

    Mr. Niveus

    All motions will be set aside until the State's Prosecutor provides the information to you. At that time if you wish to submit any motions to this court please do so.

    Signed,
    Judge Williams
     
  20. Falcon

    Falcon Member

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    Your honor,

    I will ensure that the opposing council receives all evidence discovery information that I have received by the end of today, 4/1/2020.

    Signed, Dan Macklin
    State Prosecutor.
     

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