OVER ZEALOUS KENTUCKY STATE TROOPER ARRESTS MAN FOR PASSING OUT
VIDEO TAPES HE DIDN'T LIKE.
from infowars.com April 13, 2004: In reversal of soviet-style police
powers, Lyon County Kentucky Jury finds Kelly Rushing not-guilty of
You are still allowed to give public servants video tapes. What's
incredible is that this even went to trial. So, the moral of the story
is: some police would like to put citizens in jail for their political
(Kentucky) Post Commander Should Probably Instruct His Troopers on The
First Amendment, Fourth Amendment and Probable Cause.
LYON COUNTY JURY SAYS NOT GUILTY PER CW FORECAST.
BY BOB FARLEY
COURTWATCHERS SENIOR REPORTER - COURTWATCHERS.ORG
Kelly Rushing thought he was doing a good thing when he bought some
video tapes from Alex Jones Productions, a firm in Austin , Texas that
produces and markets what they call films exposing “The New World
Order.” Clearly Jones could
be classified as a
Right Wing Conservative for his views on the deterioration of the
country under Bill Clinton and others like him. He has a right to do
that under our Constitution. Rushing also taped a C-Span show in which
Congressman. Ron Paul gave a talk titled Neo-Conned in which he
detailed governmental corruption at all levels..
Kelly Rushing is no different than many Americans concerned about the
direction their country is going and a man who wanted to do something
about it if he could. So Rushing bought several of the Jones tapes so
he could pass them around to his friends, a practice that Jones
encourages on his web site InfoWars.Com where Jones specifically encourages his customers to make copies of his tapes and pass them along to others for “ non profit educational purpose .” Mr. Jones is not greedy in his selling of freedom and democracy and he is allowed to do be that way.
of the films titled “ 9-1-1 , The Road to Tyranny ” describes a
potential Police State and the threat of such a state. Mr. Rushing had
already passed the Jones video along to several of his friends,
including the Lyon County Prosecuting Attorney, Wendell Chope. PA Chope
viewed the tape and returned it to Rushing with the comment that it was
“ it was interesting ” and he “ enjoyed it .”
There came a time when Rushing thought it would be nice to give the 911
tape as well as the C-Span tape to local Kentucky State Trooper Lewis
Dobbs. Mr. Dobbs is a young State Trooper working out of the Mayfield
Kentucky Post in western Kentucky south of Paducah . So Rushing slipped
the tape into the Dobbs mailbox one afternoon. Mr. Rushing did not go
out “stalking” the state trooper as the trooper seems to believe. He
drove past his house nearly everyday and it was well known by many
persons where Trooper Dobbs lived.
out that there was another tape air by C-Span on national television on
the same subject, with Texas Congressman Ron Paul and a 45 minutes
discussion on the subject of a police state. Rushing had a copy of the
C-Span show and he also put that tape into Trooper Dobb's mailbox.
a week or two, Rushing was pulled over on his way from work, by Trooper
Lewis Dobbs. Dobbs went through the usual procedure, asking for drivers
license, registration, etc., after which Trooper Dobbs slapped his
handcuffs on him.
Since there was no probable cause
as to his motor vehicle operation, Kelly asked Dobbs what he was being
arrested for, and Dobbs said, you are being arrested for “giving me that tape. You are being arrested for terroristic threatening.” The trooper also asked Kelly, “Why did you threaten me? ” Kelly answered, “I never threatened you.” In his zeal, Trooper Dobbs never got around to reading the “tape desperado” his Rights.
Sitting in the patrol car, Rushing heard Trooper Dobbs call his wife on his cellular phone to report , “I have captured the tape delivery boy and I have him in my back seat.” Mr.
Rushing has told this reporter that a later reply of the troopers tape
recorded words during those minutes seems to have been altered in some
manner and is unintelligible . Wow! Celebration! Another
dangerous desperado is off the streets thanks to Kentucky 's Finest.
Thus, did Trooper Lewis Dobbs crush the First Amendment and Kentucky
Law that day.
In fact, Kentucky Statute 508.080,
the law under which Trooper Dobbs arrested citizen Rushing, has no
language in it that even vaguely describes the conduct of Kelly
Rushing, passing out patriotic tapes, or tape copies of national TV
broadcasts such as Congressman Ron Paul on C-Span. The statute is very
short and is copied verbatim as a footnote to this story.
At his first appearance in court, Rushing remained confused and once again asked why he was arrested.
Judge William McCaslin said, “You are being charged with giving trooper Dobbs a threatening video.” Obviously, the good Judge had never read Kentucky law on the matter or he would have answered, “Case Dismissed ”
instead. The good judge does have a sworn obligation to obey the laws
of Kentucky , including the U. S. Constitution. That day in court, he
did neither. In fact, Rushing had also been charged with two counts of
menacing which were soon dropped by the same prosecutor who had earlier
told Rushing that he had “ enjoyed ” the tape. Rushing was
also asked to plead guilty to harassment, an obvious attempt to get
Trooper Dobbs out of the tar baby he was stuck in, but Rushing refused
to make such a plea and elected to go to trial instead.
fact, the United States Postal Service does have a regulation that
forbids putting uncanceled mail into postal boxes, but such an offense
is normally met with only a nasty letter from the Postal Service
telling the offender to stop doing that and do not do it again in the
future. Trooper Dobbs never reached for assistance from the Post Office.
Rushing is going to trial Monday, April 12, 2004 at 1:00 PM if the
judge doesn't dismiss the case before then. Rushing's attorney Luke
Quertermous was unwilling to discuss the case with this reporter except
to say it was a First Amendment case and he would give it his best shot.
If convicted, Rushing is faced with a $500 fine or One Year in jail, or both. This
thinks Judge McCaslin should dismiss this atrocity immediately before
he is reversed by the Appellate Court and charged with a violation of
the Judicial Code of
Conduct, as well. Jones Productions also markets a video titled POLICE STATE 2000 . With
these kinds of shenanigans going on, it might be time to send that one
to the trooper, the Prosecutor and the Judge too. Everything fine in
# # #
Kentucky Statute 508.080. Terroristc threatening in the third degree
• Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:
• He threatens to commit any crime likely to result in death or serious physical injury to another person; or
He intentionally makes false statements for the purpose of causing
evacuation of a building, place of assembly, or facility of public
• Terroristic threatening in the third degree is a Class A misdemeanor.
RELATED STORY :
See InfoWars.Com and Courtwatchers.Org
for the story of an Alabama Judge who falsely arrested a man for
erecting a sign in his front yard. It must be an epidemic that is
breaking out all over as is seems that policemen and judges just arrest
people they do not agree with, falsely charge them with something
(almost anything at all will do) and lock them up. So much for probable
cause, the First Amendment and The Fourth Amendment. The 1938 Waffen SS
Legal Officers would swell with pride.
THIS STORY RELEASED TO INFOWARS.COM BY COURTWATCHERS ALLIANCE USA