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February 13th, 2011, 08:04 PM #1
Arrested by the Philadelphia Police for Open Carry
THE NEXT 8 POSTS CONTAIN THE IMPORTANT STUFF AS OF NOW.
THE VERDICT ON THE CRIMINAL CHARGES OF
RECKLESS ENDANGERMENT OF ANOTHER PERSON and
DISORDERLY CONDUCT
ARE IN...
NOT GUILTY!!!!
I wanted to think of something witty and humorous to use as a thread title, but I am still absolutely furious and a bit shaken up from what happened, so the straight truth will have to do.
I was visiting my mother today in Philadelphia to help her around the house and spend time with her. While there, I walked over to the local AutoZone to pick up a part for my car. I was OC due to the (finally) gorgeous weather.
I have learned to always keep my recorder on me and recording when I am in public in Philadelphia, due to the over-zealous nature of the police, and today, I am glad I followed that rule.
As I walked down the street towards the store, I caught a glimpse of a Philadelphia Police cruiser out of the corner of my eye, traveling in the same direction I was.
A few moments later, I hear a vehicle's transmission roughly slam into "P" very close by.
"Hey, Junior!" comes a voice from the other side of the squad car.
"Junior?!" I replied, as I turned around. I thought to myself, that's kind of a condescending way to greet someone, isn't it? As I turned, I prepared to ask the police officer what I could help him with.
It was then that I noticed the officer had his gun trained on my chest.
At least seven officers, 5 squad cars, and a threat of a taser later, I found out what it was like to sit in the back of a paddywagon.
I have a legally recorded audio file of the entire interaction, right here.
Last edited by ViperGTS19801; October 27th, 2011 at 06:31 PM.
Junior
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February 13th, 2011, 08:04 PM #2
Arrested by the Philadelphia Police for Open Carry
I had a consult with a lawyer this past Saturday. He's not a civil rights attorney, but he says it is pretty clear that my 4th amendment rights have been violated and gave me a referral to one who is. He also told me that he and the recommended lawyer are good friends, and he said I should tell him who referred me.
Also, here is a very small snippet from my audio recording from the incident. Obviously I can only post a very little bit, but this is the kind of attitude I was dealing with.
ETA: On March 3rd, I had a second consult with a new lawyer who listened to the whole audio recording before we spoke. He was very honest with me and he made an excellent impression, and I will recommend him highly moving forward. His name is Josh Prince, and this is his site.
Basically what he explained to me is that, although it is clear and obvious that my rights were violated and that I was arrested illegally, the probability of this case going in front of a jury and ending in any kind of positive settlement would be surprising, considering the attitude of the jury pool from Philadelphia and the way the law is (the exception for Cities of the First Class). Also, considering the fact that I was released on the scene and everything was given back to me, it'd be pretty hard to convince a jury of damages.
However, he did say that, since some progress has already been made by going through internal affairs, and they know who I am, I will probably have good standing to get some things changed from inside by filing complaints. Therefore, that's what I am going to go ahead and do, just as soon as I collect all the proper information.
ETA on March 10: A friend has given me a phone number of a lawyer who specifically goes after badly behaving police. I may still be able to bring this to court yet.Last edited by ViperGTS19801; March 10th, 2011 at 08:16 PM.
Junior
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February 13th, 2011, 08:04 PM #3
Arrested by the Philadelphia Police for Open Carry
Here's the audio from the encounter. I had to shave off the first two and a half minutes of empty space (since that's how long it took from me leaving my mom's house and hitting the record button to the officer drawing down on me), so this starts just a couple seconds before the officer yells out "Hey Junior..." and draws on me.
http://rapidshare.com/files/454161072/ArrestedForOC.mp3
Use the free option to download the file - it'll make you wait thirty seconds or so but the download is pretty quick. The first seven minutes is the important bit, but if you listen all the way through, there's plenty of interesting little tidbits.
Also, I have a series of several complaints I am working on typing up for Internal Affairs.
Another update: One of the media outlets I have contacted has called me back - and they are asking for exclusivity on this story.
Update, March 30th, 2011: Also, another update: I just got off the phone with Harry Harriston from NBC10 News Philadelphia. He wanted to discuss the incident after having listened to the audio, and get an idea for what story I want to tell. We discussed the issue on a number of fronts: previous incidents, both in Philadelphia and in in the suburbs; a few of the ins and outs of the UFA; the attitude that cops in Philadelphia have as a result of all the gun violence and KIA officer shootings. He also asked me the age-old anti-OC question (which he had to do as a reporter, since that's his job) - "If you know the police don't like OC, and you know they are on edge because of them being targets, and you have a permit to carry concealed, why don't you just cover it up when you're in the city?" I explained to him that I find concealed carry uncomfortable, both for ease of access and from a physical standpoint, and that because it is lawful for me to do so, I expect not to be verbally abused, assaulted, arrested, and threatened with being shot simply for exercising my right to defend myself.
Harry said he would take the story idea to his producers, and would let me know if they thought it was a story they would want to run.Last edited by ViperGTS19801; March 30th, 2011 at 01:37 PM.
Junior
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February 13th, 2011, 08:04 PM #4
Arrested by the Philadelphia Police for Open Carry
I filed a Right to Know request on March 25th: these are the results.
Update: So I called the Open Records office in Philadelphia this morning to get an update on the RTK request I filed on the 25th. They already have mailed out their determinations, but I haven't received them yet - that's USPS + Philadelphia for ya.
The officer on the phone explained all three determinations:
1. RE: A copy of the original handwritten report: Denied - long story short, the PPD Office of Records maintains these documents for a period of up to ten years, and they sell copies of them for $25 a pop. According to a section in the RTK Act, if the records are already available through another means, public or not, the act cannot supercede that procedure, meaning I just have to go to City Hall again to file for a copy of it myself. Fair enough, I guess.
2. RE: Follow up reports including 75-48A: Denied - 708(b)(16)(ii) The requested documents are considered "Investigative materials, notes, correspondence, videos [or] reports" and are therefore exempt from the RTK law.
3. RE: Audio or video recordings such as from dashcams: Denied - because the technology "does not exist" (he told me that none of the Philadelphia police cruisers are outfitted with dashcams or microphones), they are forced to deny this portion of the request.
ETA: After the arraignment this morning, zack said it best:
Last edited by ViperGTS19801; April 29th, 2011 at 03:12 PM.
Junior
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February 13th, 2011, 08:04 PM #5
Arrested by the Philadelphia Police for Open Carry
The BIG Philadelphia Daily News Article, in it's entirety:
http://articles.philly.com/2011-05-1...ips-gun-rights
And on the front page of the newspaper?
Last edited by ViperGTS19801; May 24th, 2011 at 10:44 PM.
Junior
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February 13th, 2011, 08:04 PM #6
Arrested by the Philadelphia Police for Open Carry
Stu Bykofsky, calling me irresponsible:
http://articles.philly.com/2011-05-1...-cops#comments
The first Michael Smerconish show on May 16th, 2011:
pirate4x4? Never heard of this site:
http://pirate4x4.com/forum/showthread.php?t=980206
An interview on the Lars Larson show on May 17th, 2011:
Jonathan Turley, an attorney, does a writeup:
http://jonathanturley.org/2011/05/17...derly-conduct/
A GREAT blog entry from John Stossel, which brought this issue a LOT more attention:
http://www.foxbusiness.com/on-air/st...y-carrying-gun
LOL - corvetteforum.com:
http://forums.corvetteforum.com/poli...rying-gun.html
The HotAir blog:
http://hotair.com/greenroom/archives...conduct-audio/
The Michael Smerconish show, May 18th, 2011
Part 1:
Part 2:
Part 3:
Part 4:
PAFOA member "Objective Viewpoint" makes a great contribution to the thread:
Last edited by ViperGTS19801; May 24th, 2011 at 10:45 PM.
Junior
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February 13th, 2011, 08:04 PM #7
Arrested by the Philadelphia Police for Open Carry
A collection of media links and blogs regarding this incident:
John Lott chimes in:
http://biggovernment.com/jlott/2011/...nd-a-recorder/
Letters to the editor from the Daily News:
http://articles.philly.com/2011-05-1...police-officer
An article written by The Philadelphia Weekly:
http://www.philadelphiaweekly.com/ne...121989564.html
It was late last week when gun-rights activist Mark Fiorino joined PW for a stroll around downtown Philly. The Montgomery County man, who was featured on the cover of yesterday’s Daily News for his stance on carrying pistols openly, walks down 15th Street toward Sansom, attracting nary a look.
Eventually, one man offers a double-take. The head turn probably has something to do with the fact that Fiorino’s belt contains an openly holstered firearm alongside his cell phone and keys. After all, Fiorino’s story hadn’t yet appeared in the Daily News, so his face wasn’t yet recognizeable.
Surprisingly, that one brief stare was about the only bit of reaction Fiorino received on that particular day, a few days before the Daily News story broke. But minimal public feedback is often the norm. People typically go about their business unaware that someone like Fiorino has a gun strapped to his hip—even when it’s in full view. “For the most part, it’s either a look or a dismissal or nobody notices,” says Fiorino. And unbeknownst to many Pennsylvanians, “open carry,” or the act of carrying one’s firearm unconcealed by clothing, is actually quite legal. Even in Philadelphia, legal gun owners who have a license can wear their holstered handguns in plain sight. In the rest of the state, open carry requires no license. Still, despite the law being quite clear on the issue, open-carry advocates like Fiorino sometimes find themselves in the crosshairs of an ignorant public.
But what happens when the ignorance comes from the very people who are paid to uphold the law? For open carriers like Fiorino, it’s a problem that can have dire consequences.
RE CAPT. Joseph DiLacqua's letter on Mark Fiorino openly carrying his gun:
I am and always will be in full support of the police. I'm a retired officer myself. But regardless of Fiorino's intentions that day, the fact remains that he broke no laws, was properly permitted to carry a firearm and was wrongly treated.
That officers stopped him at gunpoint is fine, but what followed after it was known he was properly permitted is the problem. It's a shame Fiorino could quote a police directive and the officers on scene could not! The city will be sued every time someone's constitutional rights are violated, and rightfully so. Maybe it's time for some retraining in the Philadelphia PD.
S. Griffin, North Wales
As a retired police officer with 22 years on the Philadelphia force and 24 years as a school police officer, I don't know of any off-duty officers who'd walk the streets anywhere with their guns in plain view.
Mark Fiorino was, I believe, intentionally walking down Frankford Avenue with a Glock strapped on his side, along with a gun permit and an audio recorder in his shirt pocket - flaunting his knowledge of Police Directive 137 (which most active police are unaware of). This scenario was bound to create problems. It may be legal, but only an idiot looking to cause turmoil and possibly a lawsuit would do something like that.
Charles Veterano, Philadelphia
Your story on this topic is what's irresponsible.
To tell people the victim was irresponsible for exercising his legal rights is absurd. To report your blind accusations that the victim was looking to set up the police is absurd. The victim did nothing wrong, yet his life was threatened by someone supposed to be protecting citizens.
http://www.theagitator.com/2011/05/1...d-be-arrested/
Even on TechDirt!
http://www.techdirt.com/articles/201...them.shtml#c57
Forums.officer.com:
http://forums.officer.com/forums/sho...=1#post2761374
An EPIC post from PAFOA member son of the revolution
FoxNews.com, which had several thousand comments before the comment section was closed:
http://www.foxnews.com/politics/2011...ry-gun-owners/
With a shocking altercation between Philadelphia police and a 25-year-old IT worker putting the spotlight back on open-carry gun laws, local authorities are warning gun owners that they will be "inconvenienced" if they carry unconcealed handguns in the city.
Lt. Raymond Evers, a spokesman for the city police, told FoxNews.com that gun owners who open carry, which is legal in the city, may be asked to lay on the ground until officers feel safe while they check permits.
http://www.policeone.com/patrol-issu...on-open-carry/
And Jon Stewart's Daily Show forums.
http://forums.thedailyshow.com/?page...hread_id=41081
And another good article, at firearmprotector.org
http://firearmprotector.com/gun-clea...ke-gun-owners/
I love this one, at Island ADV:
http://island-adv.com/2011/05/crushi...ond-amendment/
A VERY interesting article from PhillyBurbs.com:
http://www.phillyburbs.com/blogs/pol...a4bcf6878.html
Nevertheless, District Attorney R. Seth Williams won't drop the charges, despite the fact that the Pennsylvania Attorney General's Office has informed the Philadelphia D.A. that the Commonwealth does not plan to prosecute Fiorino, should he be found guilty and appeal the case. Thus, Fiorino will win anyway, after his resources and ours are wasted on this kangaroo court case.Last edited by ViperGTS19801; July 21st, 2011 at 03:58 PM.
Junior
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February 13th, 2011, 08:04 PM #8
Arrested by the Philadelphia Police for Open Carry
And the final details as of right now...
Currently I am charged with Disorderly Conduct and Reckless Endangerment of Another Person.
The DA's argument is that I am intentionally going around, carrying openly and using a voice recorder, trying to bait the cops into engaging with me in an inappropriate manner, manipulating them into drawing their weapons and endangering myself, the officers, and everyone nearby.
They're creative, at least.
Anyway, the lawyers have been paid their retainer fees, and the court date is currently set at
October 27th, at 9:15AM in courtroom 406 at the Criminal Justice Center in Philadelphia <-Edited to reflect new hearing date
Anyone who wants to come along and show support is welcome to, but please, no rioting!!
ETA AS OF July 11th, 2011
THEY HAVE FILED FOR A CONTINUANCE.
If you were planning on attending on Thursday morning you still may, but we do not expect to be in court for any longer than a couple of hours, and we also do not expect any resolutions at this time.
All I can disclose right now is that the prosecution feels they need more time to "investigate" and prepare their case, and have filed for a continuance, which has been granted.
The time elapsed will be counted against them as a time penalty and they have a total of 210 days from the date of my arrest in which to bring this to trial.
ALSO! And this is IMPORTANT: The FUNDRAISER thread is here:
http://forum.pafoa.org/open-carry-14...sponsible.html
While we have the money for the retainers and even a bit extra, all further donations are gratefully accepted - when it comes time to file the civil lawsuit, we may need to pay for expert witnesses, who cost a significant amount of money. Every $5 you contribute to this fund is that much money that goes towards making sure the City of Philadelphia is held responsible for their violations of citizen's civil rights, freedoms, and liberties!!
Thanks for reading, and everyone, STAY SAFE!!
Mark Fiorino
EDIT July 14th, 2011:
Hey everyone,
So the entire court matter today was over in twenty minutes total. The Commonwealth asked for a continuance, it was granted; the next hearing date was set for September 15th, 2011 at 9:15 in room 406 of the same building; the judge denied a request to lift my bail requirement of having to call an automated system twice a week to "check-in," since missing such phone calls could land me in prison; my criminal attorney expressed enthusiasm for the judge who is expected to preside over this particular case as he knows he is fair and has an exceptional understanding of the law.
In addition, my civil attorney has sent mailings to certain firearms-enthusiast and freedom-loving organizations who may be able to assist with the funding of further legal actions, should additional monies be required.
Also, Brian Lentz is no longer on this case. Someone else is prosecuting in his stead, and she usually takes major crimes/drug cases.
Here's the current docket.
See you in September!
Aaaaaaand another continuance. My lawyer was very ill for the September trial date and wound up in the hospital, and therefore we asked for and received a continuance. The next date for trial is October 27th, 9:00am in Courtroom 406.
And the verdicts are in - NOT GUILTY on all charges!! After a two hour or so trial, the judge was unable to find that the DA proved beyond a reasonable doubt that my actions were intentionally designed to attract police attention, which they were not. I'll post a higher detail recap shortly.
Update as of February 14th, 2012: My lawyer and the ACLU have gone ahead and filed a Federal Civil Rights lawsuit against the City of Philadelphia on my behalf in regards to the totality of the incidents I, and a few others, have had with the PPD while open carrying. Below you will find the press release as well as the final complaint. I also have the signed complaint but I figured it would be better to post the searchable PDF.Last edited by ViperGTS19801; February 14th, 2012 at 12:22 PM.
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February 13th, 2011, 08:09 PM #9
Re: Arrested by the Philadelphia Police for Open Carry
Lawyer, lawyer. Lawyer lawyer lawyer.
Lawyer.
camperIt's the 2nd Amendment that protects all others
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February 13th, 2011, 08:18 PM #10
Re: Arrested by the Philadelphia Police for Open Carry
HOLY CRAP my friend.
All the best to you. Glad you were prepared with the recorder.
The Philly PoPo really must love you.http://www.youtube.com/watch?v=6mK2JYfZAmA When will America become America?
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