Menacing With a Firearm

[reaper0d]

My question involves defamation in the state of: oregon

about a year ago my local police department busted into my mothers property to take posession of a motorcycle that they used the swat team to do so. the police department is city police. we live 9 miles outside of the city in a sub rural community that is listed as county. they did not have any state police or sherrifs departments officers present.

up untill the end of last year 2013 we hadnt seen all the paperwork involved in the case. now during deliberations and questioning the lawyer for the city insisted i had been charged with menacing with a firearm. in the swat paperwork that was submitted to the judge to okay the swat team he stated i had been arrested and charged with posession of a controlled substance and the before mentioned menacing charge.

I have never been charged with a menacing and the one controlled posession charge was dismissed due to lack of evidence and incorrect information on the citation which was removed from being on my record according to the 2 judges i talked too. "this will not show on your record. I am sorry this came to be the way it has and the officer is no longer a part of the police force at this time" is what i was told by 2 judges.


important information here is when the swat team showed up they were in full swat sniper mode and kept insisting where is he (me) where is he and were absolutely adament that i lived here yet at the time i was living elsewhere in a completely different town. i have tried an attourney already and after forking out almost 5 grand for him to sit on his arse and do nothing and request more money for him to review the discovery i gave up. yet that was before the information was leaked abouyt the attourney that questioned everybody on site the morning of the incident about me being charged with the menacing.

previously i had been asked on numerous traffic stop for whatever reason if i had any weapons and a state officer told me it may not be a charge but rather a personal marker for future instances.

i thought that unless charged with a crime it cannot be on a record. I have never owned a gun or had one registered to me . I have owned paintball guns in the past but that isnt a firearm and cannot be classified as such.

whats the deal here?

[Disagreeable]

Sounds like they were trying to take possession of you and the motorcycle was all that was there that was legal for them to seize. If your lawyer cannot help you, a message forum is unlikely to. Especially since your info seems measured and slanted. Good Luck.

[reaper0d]

i have to be vague because the case is still pending. there are more then me that was violated. i have no warrants nor did i at the time. the attourney filed paperwork for 10k lawsuit that they ignored but that was before they released the discovery.

since then they have refused to release the audio and video from the day in question cause they stated they didnt point guns at anybody yet the swat team always points guns at people. they didnt have a warrant to crash through the gate with the bearcat and stated it was locked yet it was only held closed by a small garden chain and a clip. the warrant was falsely gained through slander. what are my options? wait out the case with my mother and see what comes of it and hit them when it hurts?

if it makes any difference this officer that spearheaded the entire thing has a known history of extreme violence. i fear that if i had been here that morning (would have been with my son) i would have been shot on sight. it is not a slanted at all. i am releasing all i can as i do not want to incriminate myself for releasing specific details. this is all i can say.

[cdwjava]

Since you cannot provide details, and so far all that has been said is vague at best, I don't see that there is much information that anyone of us can provide you except to say that you need to listen to your attorney.

Obviously, there is another interpretation of the events of that day and whether they are true or fabrications is something that none of us are in a position to judge. But, suffice it to say that most things are not so simple. For example, you say a gate was not "locked" but secured by a chain and clip. Well, if you're trying to breach for quick entry, that chain and clip might as well be "locked." Depending on the circumstances, the cops aren't going to expose themselves trying to fish around for a clip, a bolt, or some other means of opening the chain they're simply going to cut it or blow through the obstacle if they can.

Because there can be reasonable explanations for all the things you have posted here, and you cannot post details, all we can do is wish you luck and tell you to listen to the lawyers.