Case Closed CRIMINAL APPEAL - Rolf Lions - SETTLED

Status
Not open for further replies.

sleighwhite

Member
DOJ
Judge
Apr 26, 2023
187
6
18
Username: sleighwhite

Select the type of case you wish to file with the court: CRIMINAL APPEAL

Defendant: Jack Wiggam (jamp0t.)
Pineapple Jarr (jamesswaa)

I. Statement of Claim 1. Based on the Arrest Warrants listed below, there is a claim via affidavit that the identities of both of the defendants were discovered on the scene of the alleged crime. The only information that the warrants outline as to what in their description or interaction might identify the suspects as the defendants is a nickname being used by one of the suspects.

2. When asked for an incident report outlining the full details of the incident, we received a blank incident report and were denied access to any additional evidence with the exception of what is on the arrest warrants.

3. The defense claims that because any evidence regarding the specific sequence of events did not exist prior to the signature and execution of two arrest warrants, nor did it exist 6 days later wherein an attorney requested the Incident Report mentioned in the warrants, that there is not sufficient evidence in order to convict.

4. The Defense claims that any physical evidence that was in fact collected at the time of the incident in question lacks foundation as there is no testimony to support it.

5. The Defense would object to any such written report or evidence being added at this point so far after the fact as it could misstate facts or be hearsay.

Additionally - should somehow, an incident report be brought forth that was not written after the fact, meaning after it was requested and found to be incomplete, the Defense will continue this appeal with a motion to dismiss on the grounds of suppression of or withholding evidence as the Defendants were both well within their rights to have access to the Incident Report in question at the time their attorney requested it.

II. Charge(s) Jack Wiggam:

P.C. 213 Kidnapping x1
P.C. 310 Armed Robbery of a Jewelry Store x1
P.C. Possession of Class 2 Weapon x1
P.C. 810 Felony Evading a Peace Officer x1

Pineapple Jarr:

P.C. 213 Kidnapping x1
P.C. 310 Armed Robbery of a Jewelry Store x1
P.C. Possession of Class 2 Weapon x1
P.C. 810 Felony Evading a Peace Officer x1

III. Representative Devyn Little (sleighwhite)
Nia Liviaus (selliee)

IV. Officers Involved H. Aziz (22gz)
C. Roscoe (masik52)
A. Petroski (kdkdi)

V. Evidence Incident Report

https://cdn.discordapp.com/attachments/1136060702675697725/1136061701490479155/wBzgmIN.png

Jack Wiggam Arrest Warrant

https://docs.google.com/document/d/1ev4w_hZg8VQl6i1-_m3bHy6YJuXtVUpvbjfVi7p52jM/edit?usp=sharing

Pineapple Jarr Arrest Warrant

https://docs.google.com/document/d/19czPX0-bmxl2b-2HtgohB4gb-J0FPRmtPrhsaGjx-xg/edit?usp=sharing

VI. Actions Taken Jack Wiggam

Total jail time:260mTotal fine amount:$5,300

Pineapple Jarr

Total jail time:260mTotal fine amount:$5300

VII. Witnesses None at this time
 
For clarification purposes, I'm posting this here as a Motion to Dismiss these charges, not to go to trial. If the DA's office could review and see if they'd like to contest, please let us know so that the Judges can process this motion.
 
Need a response from prosecution promptly or we will consider this a dismissed case.
 
The Defense requests that a Judge dismiss the case and all charges due to the fact that the Prosecution seems unwilling or unable to complete their duties as followed:

- PD did not create a relevant incident report regarding the arrest warrants or the subsequent arrests
- DA's office has not responded to this motion or most communications regarding the motion in a timely manner

The DA's Office has had ample time and reminders to respond to this motion with an intention to contest or not:

- The arrests and subsequent Not Guilty pleas took place on or about 7/27 (unsure as I'm not seeing the arrest records)
- Defense requested the warrants and blank incident report from PD on 8/1
- Defense submitted the case to the docket on 8/2
- Defense further clarified the motion and required response from the Prosecution on 8/3
- Defense reached out to the ADA directly to request a response on 8/4 and did not receive one
- Defense reached out publicly to the DA's office in the DOJ discussion on 8/6 and was told it was "being looked into"
- The Chief Justice requested a "prompt" response on 8/7

It's been just shy of 2 weeks since arrest, nearly a week since the motion was submitted, and over 12 hours since the Chief Justice stepped in to require a response. All we've been told essentially is that the DA's office is aware of the issue, but no further communications or transparency have been provided. The Defense finds that due to a lack of evidence and a lack of communication and timeliness, that the case and all subsequent charges for both Mr. Wiggam and Mr. Jarr be dismissed by a Judge.
 
I will respond to your concerns via email.

The DA's office has decided to dismiss this case and has been waiting on a decision for restitution.
 
This case is dismissed based on the DA coming to an offer - if this is not finalised soon please reach out to the court,
 
Hi - it's been a week since the decision to dismiss was announced, and I have not been contacted about restitution for my clients by any parties. Just notifying the court as advised.
 
Court Ruling for restitution:

For both defendants:

$5,300
+
$26,000 for the time spent in prison.
 
Status
Not open for further replies.