Case Closed CRIMINAL APPEAL - Scheduling - Erin Reid - August 4th 3pm EST

NiaLiviaus

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Apr 12, 2023
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Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Nic Doc [mrdocnic]

I. Statement of Claim
Introduction

This statement of claim is made on behalf of Nic Doc, who has been wrongfully charged with the following offenses:
- Aggravated Assault and Battery on a Protected Person with a Group Enhancement
- Obstruction of Justice
- Possession of a Class 2 Weapon
- Felony Evading a Peace Officer
- Wearing a Disguise to Evade Police

The Defendant maintains his innocence and asserts that he was at the wrong place at the wrong time, and that the charges are based on misinterpretations and errors in judgment by the arresting officers.

Background Facts

On June 15th, the Defendant was driving his Dodge Challenger Demon northbound on Alta Street in the right-hand lane.

Officers LT-129 Quinton Johnson and SF-203 Joseph Dredd were traveling northbound in the middle lane (straight lane) on Alta Street.

As the Defendant approached Vespucci Boulevard, Officers Johnson and Dredd abruptly veered into the Defendant's lane to make a right-hand turn onto Vespucci Boulevard, causing a collision.

The collision caused the officers' vehicle to be propelled forward at least a half a city block and into the air, as described in Officer Johnson's incident report.

Grounds for Defense

A. Felony Evading a Peace Officer


According to the penal code, Felony Evading a Peace Officer is defined as a person who has been given a visual or auditory signal by an officer and willfully refuses to stop their motor vehicle.

In the incident reports, neither Officer Johnson nor Officer Dredd verified that they gave visual or auditory signals to the Defendant to stop. Instead, they began opening fire upon the Defendant, leading him to flee in fear for his life.

B. Obstruction of Justice

The penal code defines Obstruction of Justice as an act that "corruptly or by threats or force, or by any threatening letter or communication obstructs the due administration of justice."

The Defendant did not engage in any such act. The collision was an accident, and the Defendant did not use threats or force against the officers.

C. Wearing a Disguise to Evade Police

The penal code states that Wearing a Disguise to Evade Police involves wearing a mask or disguise to evade recognition or identification in the commission of a crime, or to escape when charged with a crime.

The Defendant was not wearing a disguise to evade recognition, as he was not intentionally committing a crime. He was wearing a black and white Skull Mask, which was not intended for disguise in the context of evading police.

D. Aggravated Assault and Battery

The penal code defines Aggravated Assault and Battery as using violence to cause physical harm to another person with a weapon.

The defense alleges that the use of the Defendant's vehicle could be seen as a weapon. However, this was not a violent act but an accident caused by the officers' abrupt maneuver.

Incident Analysis

The collision occurred when Officers Dredd and Johnson veered into the Defendant's lane, causing the accident (Exhibit A).

Officer Johnson's report claims that the Defendant's vehicle, driven by a suspect with a matching green flag, approached them with malice and at a high rate of speed.

The Defendant was stopped and not moving when the officers began opening fire on him. Officer Dredd's report corroborates that the vehicle was stopped, contradicting Officer Johnson's assertion that the vehicle was an immediate threat.

The Defendant, fearing for his life as bullets struck his vehicle, fled the scene out of self-preservation.

Upon reaching Saint F, the Defendant stepped out of his vehicle with his hands up to surrender but was gunned down by the officers.

Character Reference

The Defendant is an outstanding citizen, a loving husband, and a respected community member who runs a local coffee shop with his wife. He has never been arrested or broken the law before this incident.

The Defendant's actions were not criminal but rather a series of unfortunate events exacerbated by the officers' misinterpretation and overreaction.

Conclusion

The Defendant, Nic Doc, is not guilty of the charges brought against him. The collision was an accident, and his subsequent actions were driven by fear for his life due to the officers' use of deadly force without proper cause.

The defense requests that all charges against the Defendant be dropped and that he be exonerated from this wrongful prosecution.

The defense also asserts that the officers involved acted negligently and with undue force, warranting a thorough investigation into their conduct during the incident.

II. Charge(s)
P.C. 203Aggravated Assault and Battery x1 PP GE

P.C. 505Obstruction of Justice


P.C. 907Possession of Class 2 Weapon
P.C. 810Felony Evading a Peace Officer

P.C. 514Wearing a Disguise to Evade Police

III. Representative
Nia Liviaus [selliee]

IV. Officers Involved
LT-129 Quintin Johnson
SF-203 Joseph Dredd
A-111 Max Callahan
S-250 John Shepard
CO-321 Guy Doogan
ST-408 John Lux

V. Evidence
Nic Doc Statement
https://docs.google.com/document/d/1_alwJZpKNpvBLxE9N7dYWtgHOB8PS1ZTAhiOugmR6ns/edit?usp=sharing

Exhibit A
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EXHIBIT B
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MEDICAL REPORT:
n62urk.webp

REPAIR REPORT:
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dxti42.webp


VI. Actions Taken
100 months | $4350

VII. Witnesses
will be added before end of discovery
 
Hello, just providing an update. I am reaching out to the officers involved to get this ball rolling.
 
Hello my client and myself are available Wednesdays and Thursdays from 11AM EST to 4PM EST, Sundays all day until 5PM EST.
 
Can we aim for Sunday August 4th? (I can do anytime)
I will not be able to hit that weekday time frame.
Also Ill be LOA Aug 10th - Aug 25th and Id like to get this done before then
 
Last edited:
Any update on scheduling?
 
Okay date and time are set and discovery will close 24 hours before on August 3rd at 3pm EST
 
The defense wishes to submit two witness statements:


 
Defense has been paid from court