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-   -   Man files suit over arrest in Gwinnett park, Part Deux (http://glocktalk.com/forums/showthread.php?t=1445707)

FourthPointOfContact 10-01-2012 18:08

Man files suit over arrest in Gwinnett park, Part Deux
 
After being deposed by attorney John R. Monroe, the attorneys for Plaza Security's employee Paul Reid Hanna tendered a monetary offer to release their client from the civil suit. Said offer was accepted with the proviso of a $100 penalty should the details be released to third-parties without permission.
The 42 U.S.C. ß 1983 civil lawsuit naming Officers Adam Garth Bell and Rodney Dantzler proceeds apace.

I guess I don't have much excuse now not to get some needed plumbing work down, get the car fixed, that nice, new FNH SCAR (nor sure SCAR H or L, hmmm) and maybe even a new pair of police socks.


Why was the detention made in the first place?
Quote:

Originally Posted by Gwinnett County Officer Adam Garth Bell
Iím detaining you for having a weapon. Do you have any weapons on youÖ. Besides your gun?

I wonder if that might come back to bite him?

NRAninja 10-02-2012 13:25

Original threads in case anyone missed them:

http://www.glocktalk.com/forums/show....php?t=1419229
http://www.georgiapacking.org/forum/...p?f=17&t=71909
911 call audio: Voice recorder audio and transcript of incident: http://www.georgiapacking.org/forum/...78687#p1078687

Is the disclosure penalty one hundred or ten thousand dollars?

FourthPointOfContact 10-03-2012 13:02

Quote:

Originally Posted by NRAninja (Post 19478070)
Is the disclosure penalty one hundred or ten thousand dollars?

"The undersigned agree that the terms and conditions of this settlement are entirely confidential and shall not be disclosed to any third-party, without the permission of Releasees, except for disclosure required by Court Order or tax reasons. It is understood that $100.00 of the consideration referred to herein is being paid in exchange for this confidentiality agreement."

I'm pretty sure revealing what the penalty is isn't abridging the agreement, but if it is, I have a check ready.

F350 10-03-2012 13:37

It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

FourthPointOfContact 10-03-2012 15:56

Quote:

Originally Posted by F350 (Post 19481406)
It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

The amount accepted was more than the initial amount tendered. :) It was negotiated.

FourthPointOfContact 10-03-2012 17:13

Sgt Chapel, "You know, your permit is a privilege as well as a right. It can be taken away from you as well."
"By the Probate Court Judge. Would you like the number?"
Sgt Chapel, "We have the number."
Sgt Chapel, "... and when youíre given a permit youíre expected to cooperate a little bit with law enforcement."
"Actually, Iím required to cooperate; as required by law."
Sgt Chapel, "Why arenít you?"
"What am I not doing thatís required?"
(silence)
"What am I not doing thatís required, Sergeant Chapel?"
(silence)
Sgt Chapel, "did you drive here, sir, or did you walk here?"
"What am I not doing thatís required, Sergeant Chapel?"
Sgt Chapel, "Did you drive here, or did you walk here?"
"What am I not doing thatís required, Sergeant Chapel?"
Sgt Chapel, "There you go, right there."

((... at that point Sgt Chapel decided he had more pressing matters to attend to and left the immediate area.))

SCmasterblaster 10-04-2012 11:59

Lawyer language. Tedious, but necessary.

FourthPointOfContact 04-20-2013 17:46

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)

Bill Lumberg 04-21-2013 06:58

I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.

FourthPointOfContact 04-21-2013 08:04

Quote:

Originally Posted by Bill Lumberg (Post 20206891)
I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.

You're making one of those things they call 'assumptions' and we all know the meme about them and people's posteriors.

Had I been looking for attention, I chose a poor way of doing it since I had been walking in that park for the better part of a year without incident. There are streets in town with much better traffic in order to 'get noticed' had that been my intention.

Had the officers treated me with even a modicum of respect, had they not outright lied, had they not been evasive in reasonable questions asked............. then they wouldn't be the responding parties in a federal law suit.


The indisputable fact is that a year after an unwarranted and baseless detention of a single armed citizen, over a dozen similarly armed citizens were enable to enjoy their freedom to peaceably assemble in the same public park, on the same hour and day of the year without a response by police.

Somebody done learned themselves a lesson, methinks.:okie:

railfancwb 04-21-2013 08:13

Quote:

Originally Posted by F350 (Post 19481406)
It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

The quoted text said they did pay for it - $100 of the total (undisclosed) settlement was for the confidentiality agreement.


Posted using Outdoor Hub Campfire

FourthPointOfContact 04-21-2013 09:12

The lawyers for Mr. Hanna paid around $6,500 to have him dropped from the lawsuit. I guess that since I have now released that information to third parties without consent, the law firm is free to contact me to have that $100 remitted back to them.

Kinda expensive for a three minute phone call to GCPD wasn't it? Ya mightn't wanna not do that again.

Stevekozak 04-21-2013 09:46

Quote:

Originally Posted by Fallschirjšger (Post 20205689)
Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)

Good for you, guy! I am glad your anniversary was peaceful and pleasant.

FourthPointOfContact 06-17-2013 10:20

As a result of an Open Records Act request to the Gwinnett County Police Department it was discovered that the First Annual Gary Pirkle Park Pistol Packing Picnic did not go entirely unnoticed. A call was made by Mr. Thomas Hess who was bothered that someone was walking around with a pistol attached to his belt.
Page 1 and Page 1
No civil action is contemplated against Officer Smith, L.

willy1094 06-20-2013 20:13

Quote:

Originally Posted by Bill Lumberg (Post 20206891)
I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.

How juvenile is it to continue the attempt to make someone feel like they have done something wrong even AFTER they were paid off for being COMPLETELY in the right? Does it burn that much that LE was told they screwed up? Hurts the ego too much to think in the back of your mind that LE should show respect to someone that is well within his/her rights? Remember who the professional is SUPPOSED to be. Any rent-a-cop can bark orders.

Ryobi 06-21-2013 05:19

+1. .
Quote:

Originally Posted by bill lumberg (Post 20206891)
i must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.


RussP 06-21-2013 08:27

Quote:

Originally Posted by willy1094 (Post 20390030)
How juvenile is it to continue the attempt to make someone feel like they have done something wrong even AFTER they were paid off for being COMPLETELY in the right? Does it burn that much that LE was told they screwed up? Hurts the ego too much to think in the back of your mind that LE should show respect to someone that is well within his/her rights? Remember who the professional is SUPPOSED to be. Any rent-a-cop can bark orders.

In your job as a Police/Fire Dispatcher, have you ever dispatched a police officer for a man with a gun call? Has anyone in your dispatch center done so?

Bill Lumberg 06-21-2013 09:02

Can and should are two different things. And if you think a settlement equates to wrongdoing, you have a lot to learn. You seem to have a great deal of vitriol toward police. Did you ever aspire to be one? How did you end up in a dispatcher position? Was it a goal, random events, or a fallback? Thanks for posting. And thanks for your role in supporting the folks who rush toward danger as part of their every day job. It is genuinely appreciated:

http://www.boonecountyky.org/so/imag...putyBanner.gif
http://www.boonecountyky.org/so/imag...DeputyStar.jpg

cowboywannabe 06-21-2013 09:05

FPOC,

had the cop said some like: how are? we got a call or complaint of sort about a MWG here. youre the only one i see with a gun. did you ever unholster your gun or anything?

presumed answer would be no.

ok, do you have a pistol permit?

presumed answer would be yes.

can i have a look at it?

dont know your answer....

if no, can i have your name so i can document who i spoke to at the park?

would your actions or attitude been any different if the actions or attitude of the cops(s) were different?

FourthPointOfContact 06-21-2013 12:50

Quote:

Originally Posted by cowboywannabe (Post 20391170)
FPOC,

had the cop said some like: how are? we got a call or complaint of sort about a MWG here. youre the only one i see with a gun. did you ever unholster your gun or anything?
presumed answer would be no.
It that had been the greeting, it's likely the civil suit would never have happened. Unfortunately, events forced me to proceed with one.

CAP: Okay. Damn that guy’s got legs.
(Addressing Hanna in reference to an officer in bike shorts and driving a police pickup truck with a bicycle on the back.
Bell: I worked really hard for that.
Bell: How’s everything
Hanna: Pretty good, how are you doing?
Cap: ‘Morning.
(Voice on phone) “This is Sam.”
Cap: Hey Sam, this is Chris. Is there a prohibition against legally carried firearms, um uh, in parks?
Sam: (redacted, voice inaudible to Hanna or Bell)
Bell: (to Hanna) What’s going on?
Hanna: (to Bell) He’s on the phone with parks staff…
Cap: Is there a prohibition? Yes, in light of the court decision about two years ago, where all the parks lost that? Note: OCGA 16-11-173 N.B. 2007, five years ago, not two.
Sam: (redacted, voice inaudible to Hanna or Bell)
Cap: Okay, What’s Andy’s last name, is it something weird?
Sam: (redacted, voice inaudible to Hanna or Bell)
Cap: That would be the weird name, yeah.

Bell: Hey, sir, I need you to get off the phone, you can call them back.
Cap: (to Sam) I’ve got to go, I’m being detained by Officer Bell.
CAP: (To Bell) Am I being detained?
Bell: Do you have any I.D. on you?
CAP: Am I being detained?
Timestamp 1m:12s after arrival of Ofc Bell
Bell: What’s that? Yeah, you’re being detained. Do you have any ID on you?


Ok, do you have a pistol permit?
presumed answer would be yes.
CAP: Um, excuse me for asking but, what part of the Georgia Code am I being detained for?
Bell: What’s that?
CAP: I said, excuse me for asking but, …
Bell: Well you’re carrying a firearm. In the park…
CAP: Yes?? And?
Bell: … County park. Which is prohibited, okay. So you don’t have any ID on you whatsoever? (again 16-11-173)
CAP: I’ve got my Georgia Firearms License.
Demand for personal papers
Bell: Let me see that. Now, it’s not against the law to carry a weapon out in public…
CAP: Which I am; … out in public
Bell: …- but you’re on County property.


One might note that the Gwinnett County changed it's ordinances back in 2007.
7 CROSS-EXAMINATION
8 BY MR. MONROE:
9 Q Would you state your name please?
10 A Adam Garth Bell.
11 Q And where do you live?
12 A Buford, Georgia. Gwinnett County.
13 Q And where do you work?
14 A Gwinnett County Police Department.
15 Q And what's your position there?
16 A I'm a police officer senior.
17 Q How long have you been with the police
18 department?
19 A With Gwinnett County?
20 Q Yes.
21 A Five years.
(Feb 2007, according to testimony. GCO began contacting Gwinnett County attorneys in Feb and an agreement was reached in Jun 07.)

can i have a look at it?
dont know your answer....
Although there is no section of the OCGA authorizing an officer to demand such, I caved to authority like a wet napkin and practically forced my GWL into his hands.

if no, can i have your name so i can document who i spoke to at the park?
No, thank you, I prefer to go about my business without my name showing up on police databases.

would your actions or attitude been any different if the actions or attitude of the cops(s) were different?

As this matter has yet to come before the court, I have been advised by Mr. Monroe not to comment upon the actions of the officers involved. The most I can do is honestly report the transcription of the digital recording or other sources.


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