my story of wrongful arrest

[kcinnick]

Anarchy, Anarchism, Political Anarchists are going to provide tons of varying definitions. An international dictionary will have a different definition than the US version, look it up, the definitions are different for the same words. There have been anarchists of different levels and ideals throughout history, on the left an right, you will never get it nailed down to one definition. There are tons of books on the concept of Anarchy from the left and right political spectrum, a simple pop culture definition from the past 50 years is not going to encompass ideals from thousands of years of government experiment.

Do you support a free market? That is Anarchy. Do you support individual responsibility? That is Anarchy.

I am not going to argue over a word, or philosophy. I would desire a limited government with individual freedom and personal responsibility.

 

[SpeedRacer]

I had to take a political science class as part of an honors program, mostly dealt with the different levels of government, not US government, but throughout history. Then I am just interested in want our founders created. We did pretty good until the War of Northern Aggression, then the federal government started taking power from the states in the name of war, and we did pretty good on spending until FDR really screwed us up. Today we are a socialist nation that is out of control at the federal level.

Okay, can you name one country that's thriving under anarchy?

As for the rest, I'm not saying I like where the country is headed. I'm just saying it's inevitable. The founders of this country did a great job, but in the big scheme of things it was just starting the process over again. And in my personal opinion, right here right now we are still better off than any of the foreseeable options I can think of.

 

[kcinnick]

Okay, can you name one country that's thriving under anarchy?

As for the rest, I'm not saying I like where the country is headed. I'm just saying it's inevitable. The founders of this country did a great job, but in the big scheme of things it was just starting the process over again. And in my personal opinion, right here right now we are still better off than any of the foreseeable options I can think of.

There isn't one, but an Anarchist Government led to our Constitution and is generally a transitional phase. The articles of confederation was an Anarchist form of government, the constitution was just left of that. Right now we are on the far left with Republican leaders trying to jump over the Democrats to get farther left. We are saying the same thing, I am just not thinking of the 1970's post hippie version of Anarchy and more like the 1770's version of Anarchism.

 

[charlie12]

The Baton Rouge Water Company. They pretend to be crippled by government budget cuts even though they are a private company.

I have a very good friend that's been there for over 30 years and never heard of the government budget cuts having anything to do with them

 

[kcinnick]

I have a very good friend that's been there for over 30 years and never heard of the government budget cuts having anything to do with them

I know, they are a private company, that was the line given to me why they couldn't pick up the phone and call to tell us there was an abnormality in our water bill, not enough resources to make a phone call due to budget cuts and the economy.

 

[txt2020]

Well i love america and where i live but i dont like that i was assumed guilty before i was proven innocent ! This is not how things should be handled there needs to be serious change and about provoking an officer that is bs because an officer should be trained to handle himself with integrity and composure if not get the hell off the force

 

[txt2020]

NO THIS HAPPENED A COUPLE YEARS AGO AND THIS IS HIS STORY NO ANARCHY HERE PEEPS Now, let's hear the story in Marchiafava's own words:


After meeting my youngest daughter, Christie, and my adopted daughter, Kelly, along with Kelly’s 2 year old daughter, Isabella, Kelly drove us to Gonzales, La. to visit my oldest daughter, Michelle. Needing to pick up something, I asked Kelly to drive into Tanger Factory Outlet. She dropped me off in front of the store, I ran in and out in less than 2 minutes while Kelly circled the parking lot.

While waiting to check out, I noticed an older guy standing right outside, staring intently at me. I KNEW he was either an off duty cop or he had just CALLED the cops on me. Yes, I WAS openly carrying a gun, which is quite legal in Louisiana. The state constitution CLEARLY states so. It does, however, retain the right by the state to regulate concealed carry, something that doesn’t come into play here.

Sure enough, as I was paying, a Gonzales police car came cruising by slowly. After exiting the store with my purchase, I got into Kelly’s car and within seconds, the cop turned on his lights and blipped his siren. Kelly exited and the cop told her it was ME he wanted to talk to.

Carefully, I approached officer Rome, and he asked why I was wearing a gun. After telling him EVERY citizen had that right, he just stood there, speechless.

I asked if he was aware of that, but STILL there was no answer.

It took THREE further queries before he finally answered, “No, I didn’t know that.”

Seemingly satisfied, he handed my driver’s license back to me, and I heard him tell headquarters to print him out a copy of my driver’s license info. At that point, I knew “they” were about to do “something.” I got back into Kelly’s car, not wanting to alarm them.

Sure enough, as soon as we exited the center’s parking lot, FOUR Gonzales cop cars swooped in and, in true TV cop fashion, with guns drawn and lots of loud shouting.

I slowly exited the car, hands away from my side. Yes, I was roughly handcuffed to the point of having red marks on both wrists 3 hours later. I was transported to Gonzales Police headquarters. There, Officer David Breaux was trying to figure out just what to charge me with. Since he was holding Louisiana revised statutes, title 14 (criminal code) in his hands, I suggested he read 14:95, “Illegal carrying of weapons,” which he did.

I tried, in vain, to explain to him there is nothing in the entire book which prohibits anyone from openly carrying a weapon in Louisiana.

His response: “Tell it to the judge.”

Another “officer,” Billiot, transported me across the Mississippi river to the jail in Donaldsonville. On the ride over, I tried to explain to HIM what the law states and the rights of any citizen.

He said, and I quote, “I don’t care what the laws or the Supreme Court say. WE are NOT going to have people running around, wearing guns, with women and children everywhere.”

I was fingerprinted, photographed and released on a $200.00 bond. Yes, all this for a MISDEMEANOR and a $200.00 bond.

District Attorney, Tony Falterman, obtained a copy of the arrest report and, after reading it, dismissed the charge. According to his assistant, Melissa, "Mr. Falterman has read the report and considers it complete BS."

A local reporter, Steve Ward with the Advocate, contacted chief of police Bill Landy concerning my arrest. According to Steve, the chief stated "We have a policy of arresting anyone carrying a gun without a permit. We don't care what Mr. Falterman says or does."

I attempted to retrieve my gun, only to find out the Gonzales police department has a "policy" of sending all seized weapons to the state police crime lab for ballistics testing.

Check out the post at The Liberty Zone.

 

[txt2020]

whatever and this is his story man just was done wrong why is it that law officers are the only people that think they are qualifed to carry a weapon not all just saying !!!!!!!!!!!!!Mark Marchiafava says he’s earned the right to wear his .357-caliber Magnum pistol in a hip holster in Gonzales.

And, he says at a local mall, city residents paid him to demonstrate that right.

*I wish the taxpayers of Gonzales knew just how much money it is,* the 55-year-old Marchiafava adds.

In January 2006, the longtime Baton Rouge resident was at the same mall, wearing the same pistol, when a Gonzales police officer asked him why he was carrying a gun.

Marchiafava says he told the officer that non-felons can legally carry firearms that are not concealed.

That exchange led to Marchiafava’s arrest on a count of illegal carrying of a weapon. The arrest led to an hours-long stay at the Ascension Parish Prison.

But the case later was dismissed, and Marchiafava’s bond and weapon were returned to him.

Marchiafava didn’t let the dispute fade away. He sued for violation of his constitutional right to bear arms. The city recently settled the case by paying Marchiafava an undisclosed amount of money.

*I can’t disclose any client confidences,* said Bradley C. Myers, a Baton Rouge attorney for the Gonzales Police Department. *The details are confidential, not the fact of the settlement.*

So why pay Marchiafava?

*It was just a business decision that everybody makes during a civil suit,* Myers said.

*There are risks in all litigation and costs to defend litigation,* Myers said, adding that city officials weighed those risks and costs before opting for a settlement.

Marchiafava won’t talk dollars and cents, either.

*The confidentiality agreement prevents me from disclosing that amount,* Marchiafava said.

But he said the settlement would *buy someone a brand-new motorcycle.*

*All of this could have been avoided,* Marchiafava said. *I kept telling them: ‘Don’t arrest me.’*

After his arrest, Marchiafava said, Police Chief Bill Landry told other people: *‘We have a policy of arresting anybody carrying any type of firearm without a concealed-gun permit.’

*It’s not the people who are openly carrying weapons that you need to worry about,* Marchiafava said. *It’s the people who carry concealed guns that you need to be concerned about.*

Marchiafava said he remains concerned that someone else may someday be arrested under similar circumstances because: *In Gonzales, the law is whatever the cops say it is.*

That’s not correct, Chief Landry said.

*We will follow the law as prescribed,* Landry said, adding that the law permits carrying a firearm in an unconcealed holster. But Landry will not discuss the case further.

*I’ve got no comment on that,* Landry said. *I’ve got no comment.*

Donald North, a professor at Southern University Law Center, said Marchiafava has the legal right to carry a firearm in a holster on his hip.

North says carrying the firearm in that manner falls under the same law that requires hunters to keep their shotguns and rifles on gun racks visible through the rear windows of their vehicles.

*If you’re not concealing it, the statute does not prohibit your carrying of that weapon,* North explained.

*This only applies to law-abiding citizens,* the professor said. *Convicted felons can’t do this.*

North adds that he is merely explaining the law, not advocating a particular behavior.

*I’m not trying to suggest we should go back to the days of the Wild West,* North said.

Marchiafava says he does not regret carrying the pistol — even when it draws unwelcome attention from police officers.

He says other people should exercise their right to lawfully carry firearms.

 

[charlie12]

Mark Marchiafava says he’s earned the right to wear his .357-caliber Magnum pistol in a hip holster in Gonzales.

How did he earn the right? By making t-shirts and caps?

 

[SpeedRacer]

Marchiafava is a douche.

 

[txt2020]

well charlie 12 and speed racer let the ap come and arrest you for a paper error and then you have the rite to know how it feels to be arrested in front of your kids and you can brag about how great the effin system is all you want

 

[charlie12]

well charlie 12 and speed racer let the ap come and arrest you for a paper error and then you have the rite to know how it feels to be arrested in front of your kids and you can brag about how great the effin system is all you want

I'm not talking about your deal we are laughing at MEM. You must be new around the gun world if you don't know about Mark.

 

[SpeedRacer]

well charlie 12 and speed racer let the ap come and arrest you for a paper error and then you have the rite to know how it feels to be arrested in front of your kids and you can brag about how great the effin system is all you want

I didn't even comment on your story. I just discussed virtually irrelevant politics with kcinnick and said Marchiafava is a douche.

What are you looking to accomplish by posting your story? A riot? Sympathy? Assuming your story is true, you got screwed by the system. It happens all the time in all aspects of life. That's why lawyers exist. If you want to actually accomplish something, get a lawyer and get you a fancy motorcycle to match Marchiafava. That's the beauty of the justice system.

 

[txt2020]

yes sir i understand and i mean you no disrespect im just talking about the feeling of being violated and your rites walked over and even if he did it on purpose the court system here thinks they are gods and im glad he won against them

 

[txt2020]

a lawyer cost more than its probably worth its the principal and im not looking for money and i drive a hummer thanks

 

[SpeedRacer]

Sounds to me like you lost $450 cash, false imprisonment, lost wages, humiliation, pain and suffering. And an easy cut and dry case that would be a cakewalk for a lawyer. I'm sure the payout would more than cover it. If it's just about the principle then clear your name and donate the rest to charity. Why wouldn't you use the system as designed to get justice for you and your family?

 

[kcinnick]

I didn't even comment on your story. I just discussed virtually irrelevant politics with kcinnick and said Marchiafava is a douche.

What are you looking to accomplish by posting your story? A riot? Sympathy? Assuming your story is true, you got screwed by the system. It happens all the time in all aspects of life. That's why lawyers exist. If you want to actually accomplish something, get a lawyer and get you a fancy motorcycle to match Marchiafava. That's the beauty of the justice system.

Ain't that the truth.

 

[Jotuns]

Anarchy, Anarchism, Political Anarchists are going to provide tons of varying definitions. An international dictionary will have a different definition than the US version, look it up, the definitions are different for the same words. There have been anarchists of different levels and ideals throughout history, on the left an right, you will never get it nailed down to one definition. There are tons of books on the concept of Anarchy from the left and right political spectrum, a simple pop culture definition from the past 50 years is not going to encompass ideals from thousands of years of government experiment.

Do you support a free market? That is Anarchy. Do you support individual responsibility? That is Anarchy.

I am not going to argue over a word, or philosophy. I would desire a limited government with individual freedom and personal responsibility.

With all those differen definitions I'm sure you can source one that is the same as yours.

 

[RyanW]

Agreed....From a quick search, he appears to be an anarchist. I imagine he provokes these encounters. Furthermore, considering the recent shootings and murder of police by those Sovereign Citizen members in LaPlace area... and this guys public disdain for police officers...I have little sympathy for his cause.
I have no doubt we will read about him one day...and it won't be good.

You should see the letters he's written to the state. I've been able to sit down and read quite a few of his rantings to DPS about why he shouldn't have to pay to register a vehicle to legally drive and all kinds of other crap. He's an anarchist/sovereign citizen of the extreme end of the spectrum. Just his rantings on the Advocate site should be evidence enough to rule him mentally unfit to possess a firearm.

 

[S&W4ME]

Marchiafava is a douche.

+100000000000000000000

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