West Virginia teen arrested for wearing NRA shirt to school

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They're beyond the point of no return now and feel they just have to win at all costs. The thing is, the more exposure they're creating is just going to make their image worse. I hope the kid's lawyer, the judge and the jury slap the prosecution down a few pegs. It's getting beyond ridiculous.

I can not imagine why a prosecutor would throw himself so deeply into the mud over what appears to be a simple case of a kid mouthing off, not shutting up, in the presence of the officer who was called to an incident that was clearly caused by a teacher who didnt understand the school policy in the first place.

This kid has already proven four professionals all lack good judgement and should not retain their jobs;
the instigating teacher who misunderstood the policy,
the principal who was slow to resolve the issue without police help,
the cop who could not effectively manage the kid (who was in the right) without arrest,
and the prosecutor who is now the true fool here - the one who had the opportunity to evaluate the entire event at his own pace - is still backing the results of three previous failures.
Absurd is the only word for it...
 
Al Norris, if you could provide a verified address for the legal team, I'm sure more than a few of us would be willing to contribute, a la AB.
 
I never post in this section, so this is all news to me... everything I can find on the subject makes this all sound so wrong...

my boss & I had this discussion when his son was in high school, about how slanted the teaching was, when it came to politics...
 
MLeake, here you go:

Benjamin F. White, Attorney At Law Pllc
170 Court Street, Charleston, WV 25301
304-720-2085 or 1-800-BF WHITE
melissaf@bfwhite.com

I would suggest if you are thinking of donating, for Jared's defense, that you pay for the call. Calls to that 800 number will be added to Jared's defense expenses.
 
Thanks, Al, but now I guess I'll wait to see if there are actually going to be any more legal fees... It would be nice if there were not.
 
Update on WOWK link says the charges have been dropped!

Yes, and I would say that after the Judge threw out the reporter, he started getting heat, right along with the prosecutor, who saw their chance of advancing any higher in the court being flushed down the proverbial toilet. I have never heard of anyone being arrested because they were talking, which is in direct violation of the 1st Amendment, thus they would be abridging Jared's right to freedom of speech.

It is truly something deplorable about the way that some authorities and government figures think they can do what they want, and the Constitution doesn't count.
 
I'm curious about the civil suit they may bring... this school and perhaps the cop need a good spanking by way of spending countless hours in miserable depositions.
Aside from defamation of character, what else would it appear they have grounds to sue for?
Wrongful arrest?
 
We don't know what's going on with the school, only that the juvenile charges have been dropped. That does open up the possibility for a common law false arrest suit against the deputy and a suit under federal law for deprivation of civil rights (which allows an award of attorney fees).

Sometimes when charges like this get dismissed by agreement with the prosecutor, it is done with a stipulation of probable cause. The person arrested stipulates the officer had probable cause to arrest. This is done to keep from exposing the officer to civil liability. I personally think this borders on unethical behavior on part of the prosecutor because it is unethical to use a pending or threatened criminal action to gain an advantage in a civil action. We don't know if there was a stipulation in this specific case.
 
I personally think this borders on unethical behavior on part of the prosecutor because it is unethical to use a pending or threatened criminal action to gain an advantage in a civil action.

It is a bit of reverse extortion isnt it? "I wont throw you in jail, but you must agree not to sue us later".

This week has been win-win as far as I can tell...
This kid is off the hook,
that goofy Heidi had her blog series shut down
and the Huffington Post hasnt published the rest, so far.
Did I miss anything?

Happy Friday All :D
 
From the article:
With Jared's criminal charges taken care of, Lardieri and White say they plan on moving forward with a civil suit against the Logan County School District.

That seems to substantiate the charges being dropped if they won't sue the cop, meme (stipulating that the officer had probable cause to arrest). As said, it's pretty common in such cases.
 
If it were in my community, I'd be all over the fire/police commission at city hall to FIRE THE COP and DISMISS THE CHIEF!

I'm not anti-cop ... but I'm extremely anti-overbearing, thug cop! This cop was stupid and is not a good example of what I expect from people who work for me!
 
Since I've been to Logan a few times, I doubt they have a great labor pool to hire from for their police force (and I doubt much better for the school). Even though its the county seat, the city of Logan is built on a river valley between two steep mountains, and not very wide. In actuality, you would expect Barney Fife as their deputy. It's not nice to say, but true. Also, there has been a lot of corruption in Logan, from the courts to the police, and is on the news here, all the time, and I live in southern Ohio.
 
If it were in my community, I'd be all over the fire/police commission at city hall to FIRE THE COP and DISMISS THE CHIEF!

Why?

Because the cop arrested a mouthy brat of a teenager who wouldn't shut up?
(some people will see it that way...)
Charged him with "obstruction", which can be virtually anything the cop thinks it is, including "disrespect of cop"...?

For that, you think the officer AND the chief ought to be fired?
No, my friend, that's too much. Waay too much for that...:rolleyes:

However, what happened AFTER the arrest, now that is something to get steamed about! And for what happened afterwards, the cop, chief, AND the DA need a serious lesson.

Arresting the kid, taking charge of the situation, ok, maybe it should have been handled better, but its a small matter, or would have been, if they had just used the arrest to remove the kid from the situation, and then dropped it. But they didn't. They kept pressing on, until it at last became clear that it was a losing game for the prosecution. It is THIS lack of good judgment that needs to be corrected.

Only small people fear to be proven wrong. Seems like we have a number of people in this system that just aren't big enough for their duties.

Arresting someone so the officer has control, and can defuse a potentially dangerous situation happens all the time all over. I don't know if its SOP, but it happens constantly.

Arresting someone for the same reason in a situation that isn't likely to get dangerous, just ugly, happens a lot, too. Maybe it shouldn't, but it does. Generally, if there's no real clear threat or violation, these things get dropped right away (once the original situation calms down). Lots of times, people don't even get "booked". But other times?

Other times they take it to court. This time, dropping the charges at this point, shows them with egg on their faces, publically admitting (without saying so in so many words) that they were in the wrong. They hate that.

but what they hate worse is losing in court. That makes them officially wrong.

They compounded a bad decision with a worse decision, and now have dropped it all, hoping it will just go away. I hope it works out for them...

People shouldn't get fired for a simple mistake. Particularly when the mistake is not one that gets someone physically harmed, or worse.

However, when a chain of officials make consistant and mutually supporting mistakes, there is a problem, and it does need to be fixed. Firing someone can be just a big a mistake as arresting that kid was. These things need to be reasoned out, not rushed into. Firing officials (at each or at any level) is an option we can always employ. It just shouldn't be the first choice, any more than arresting that kid should have been the officers first choice (or at least the one he chose).

Now, as to the teacher who began this mess, and the school who supported him, even after it was clearly a wrong choice, That's a slightly different matter. It too needs to be corrected.

"OFF WITH THEIR HEADS!" is emotionally satisfying, and it does prevent a recurrence by those individuals, but it doesn't correct the situation that caused the issue in the first place, generally. It might, if the trouble is the individuals. Trouble is, that after you say "off with their heads", you cannot later say "on with their heads!" It just doesn't work like that...
 
Just from where this took place, I can see the deputy being ignorant of the law, but as it went up the rungs of the ladder, it should have been stopped. First, the Chief of Police, should have released the kid, and thrown it out, next the DA should have not taken it, and told the chief they had no case, but then it gets worse and is brought before a judge, who lets it continue, and didn't tell the DA he had no case. It is one taking up for another, and another, in that the government never does any wrong.

It seems to me, that each one involved, needs to sit through a course on civilian rights, and their rights under the US Constitution, before they are allowed to work within the government again. Just wait until election, when all those gun owners go vote.
 
http://www.nraila.org/legislation/f...who-wore-nra-t-shirt-to-school-dismissed.aspx

Thankfully, on June 27th, common sense prevailed, as the parties agreed no further legal action would arise from the case. In the agreement underlying the order of dismissal, Jared did not admit guilt to any offense, and the State made clear that "nder [the] circumstances [it] is not interested in the possibility of creating a juvenile criminal record for this Defendant." For his part, Marcum has offered an apology for any perceived disrespect to the officer, and he and his mother agreed to forego any civil action against the City of Logan, its police department, the police


Seems that's it, folks.
 
Glenn, you left out the whole of the last of that paragraph...

[Jared] and his mother agreed to forego any civil action against the City of Logan, its police department, the police officers involved. During the episode, NRA was in contact with and provided assistance to Marcum's attorney.

Folks, that's your NRA dollars at work, if even in the background.
 
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