Local Judge Orders Hearing After Man Alleges Sheriff David Violated His Rights

[joe15003]

http://beavercountian.com/content/da...process-rights

A man from New Brighton alleges Sheriff George David violated his due process rights when revoking his concealed carry permit. Now a local judge has ordered the Sheriff to file a written response, and has scheduled a hearing in the case.

Dennis McKee acted as his own attorney today, appearing before Judge Kim Tesla with allegations that Sheriff David failed to follow the law when he revoked the man’s concealed carry permit. Judge Tesla called Sheriff David to appear in his courtroom as McKee, a Marine Corps veteran, presented his self-drafted legal pleading.

“Sheriff George David revoked my 30 year carry permit and despite repeated attempts and sending him copies of the law he has refused to state the reason he has done this on paper as is required by law,” the motion read. “Since the Sheriff refuses to provide me with the results of his investigation I am unable to exercise my right as a matter of law to appeal.”

Sheriff David told Judge Tesla that he met with Dennis McKee, and told him that he should contact the New Brighton Police if he wanted details on why his concealed carry license was revoked.

Judge Tesla said he was not yet seeking to determine if Dennis McKee should be allowed to have a concealed carry permit, but rather whether or not Sheriff George David failed to follow due process when he issued the revocation.

McKee cited a state law requiring the Sheriff to provide a written revocation notice that must include “the specific reason for revocation.” Judge Tesla noted that the letter sent to McKee by Sheriff David simply stated that his license was revoked for “good cause.” McKee argued that it would be impossible for him to appeal the revocation, as no specific allegations were made for him to refute factually.

Dennis McKee and Judge Tesla began discussing the recent Commonwealth Court case of Caba v. Weaknech, as Sheriff David sat quietly with his Chief Deputy Jay Alstadt off to his side. McKee’s filing noted that the case “clearly establishes a right for me to know who the Sheriff has as witnesses, what it was said I did improper and I have a right to cross examine witnesses against me. Because the Sheriff will not provide the proper documents I am not privy to this information or that it even exists.”

McKee alleged Sheriff David was committing the crime of Official Oppression for “refusing to produce the proper documents stating the reason for his actions.”

Judge Tesla determined McKee’s motion should proceed. “A Rule is issued upon Sheriff George David to show cause, why the notice issued February 7, 2013 on Dennis McKee revoking his license to carry a firearm was in compliance with 18 Pa. C.S.A. 6109 and Caba v. Weaknecht,” Judge Tesla wrote in his order.

Sheriff David must file a written response to the court by May 9th, and Judge Tesla has scheduled a hearing in the case for May 21st at 9am in Courtroom 5.

Note: In the interest of full disclosure, this reporter is a named victim in criminal charges filed against Sheriff George David by the Pennsylvania State Police.

[BimmerJon]

In for updates.....

[30Glock]

subscribed.....

[joe15003]

I didn't know if it was anyone on here

[Joe Demko]

As a Beaver County resident, Let me say this: I don't know anything about this particular case. However, there is a good deal of animosity between our sheriff and some of our local journalists. Not taking sides, simply noting the current state of affairs.

[Remington788]

I want to follow this

[nitro570]

Count me in for updates.

[afdcomposer]

Am I the only one who gets annoyed when "journalists" fail to name the PA License to Carry Firearms properly?

They are constantly saying "Conceal Carry Permit" or "Gun License," and it irks me to no end.

Sounds like there's a county that needs a new sheriff. I am not volunteering.

[Ckygo-go]

Count me in for updates.

This might just be good for all the lawsuits Philly has coming down the pike?

[TTR]

SUBSCRIBED.