Byron (GA) man found guilty of assault on officer

[TheFederalistWeasel]

http://www.macon.com/mld/telegraph/10975898.htm

By Becky Purser

Telegraph Staff Writer

FORT VALLEY - A Peach County Superior Court judge found a Byron man guilty of one count of aggravated assault on a peace officer and two counts of felony obstruction of a police officer. Other related charges were dismissed.

Judge Lamar Sizemore announced his verdict late Wednesday following a bench trial of Chris Weaver the previous day.
Weaver, 32, of 116 Bassett St., may remain free on bond pending his sentencing date, Sizemore said. A sentencing date was not set Wednesday.

The judge found Weaver guilty of assaulting Byron police officer John Chidester and of obstructing Chidester and fellow Byron police officer Michael Johnston from arresting Weaver on Nov. 26 after domestic violence calls made to 911 by Weaver's wife, Kelly.

Chidester sustained injury, which later required brain surgery, when Weaver head-butted him at least four times during the struggle in the bedroom of the Weavers' home in Byron, Sizemore said.
But the judge dismissed other charges, including a second count of aggravated assault on a police officer, involving the accusation that Weaver attempted to take Chidester's gun from his holster during the struggle with police. The remaining charges dismissed were obstructing and hindering emergency telephone calls and simple battery.

Sizemore found that officers had probable cause to arrest Weaver without a warrant based on the state's family violence law.

That probable cause came from a 911 call made three hours before the second 911 call and subsequent struggle with police. Johnston first responded to a 911 call made by a next-door neighbor when Kelly Weaver arrived on her door step at 3 a.m. At the Weavers' home, Johnston found a broken lock to the bedroom door, a bedroom lamp overturned and the bedroom telephone broken, Sizemore said. Weaver left the premises before Johnston arrived but returned home a second time before 6 a.m. and Kelly Weaver called 911. Johnston and Chidester responded.

But based on testimony from Kelly and Chris Weaver, Sizemore said he found that Chris Weaver had not harmed - and had not intended to harm - Kelly Weaver. Kelly Weaver testified that she only wanted police to make Chris Weaver leave the house - not arrest him.
Jeff Liipfert, a Fort Valley attorney representing Chris Weaver, said after the verdict was published that he felt the Weaver case is indicative of a problem with the state's family violence law and how it is interpreted by law enforcement officers.

Unfortunately, the law is often manipulated by wives to have their husbands removed from the home, Liipfert argued in court Tuesday. He said police officers feel compelled to make an arrest when an arrest might not be warranted.
Liipfert noted Wednesday that the charges of simple battery and interfering with a 911 call for help were dismissed. But he added that probable cause does not mean that officers had to prove something had gone wrong upon arrest, but that there was probable cause to believe an arrest was warranted.

Liipfert said he was still troubled by Johnston wearing a Nazi SS ring while on duty. Liipfert told the judge Tuesday that wearing the ring was an indication that Johnston thought he was some sort of storm trooper. Johnston testified the ring was a sentimental war relic given to him by his grandfather, who served in World War II, and he'd only worn it while on duty a couple of times.
Peach County Assistant District Attorney Clif Woody said he was satisfied with the verdict.

Kelly and Chris Weaver had initially gotten into an argument at her sister's house Thanksgiving Day about a pack of cigarettes, and Kelly Weaver left with their three boys and returned home. The subsequent 911 calls followed Chris Weaver's return home at 3 a.m. and then again before 6 a.m., according to court testimony Tuesday.

The Thanksgiving Day argument was indicative, Sizemore said Wednesday, of problems the couple had been having since August 2004.
Kelly Weaver testified Tuesday that since Chris Weaver was arrested, the couple has reconciled - having undergone marriage counseling and returning to church.

The aggravated assault on a peace officer conviction carries a sentencing range of five to 20 years in prison, Woody said. The felony obstruction of a police officer convictions each carry a sentencing range of one to five years, he said.

 

[TheFederalistWeasel]

The reason I post this has to do with a past post where we discussed the resisting of arrest with force.

I sat thru this case, which was tried as a bench trial before Judge Sizemore over a two-day period.

Weavers attorney argued that the officers had no PC to arrest therefore had no PC to enter the house.

I know this will probably anger a lot but I am posting this so you can perhaps understand where the Superior Courts (at least in GA) are coming from.

The judge told Weaver who testified that he believed the officers had no right to enter his house and had no right to arrest him, because he had done nothing wrong in his eyes, he admitted to “struggling†with both officers because he felt the arrest was illegal.

The judge told him it was not his decision as to whether or not he goes to jail, once the officer has told him he is under arrest his job is to submit and go peacefully, it was his (Judge Sizemore) job to determine if the arrest was lawful in a court of law.

Case law was cited which stated that the only resistance to an unlawful arrest which can be used is that which is necessary to over come unlawful force used by an officer.

In this case Weaver initiated the use of force when he attempted to push past both officers in what they (the officers) testified they believed was an attempt to escape.

Judge Sizemore ruled that since the only force the officers were using at the time was officer presence and verbal commands there was no legal basis for Weaver to resist with force.

This man who had no prior record beyond traffic offenses is now a three time convicted felon who will spend at least the nest 6 years behind bars, two for each felony count and possibly 10 to 20 years on probation after he is released all because he resisted arrest when he felt it was unlawful.

Resisting an unlawful arrest is a VERY gray area and it appears that in GA you are only justified in using force to the level necessary to over come any force used by officers but you better be damn sure you are right before you go down this path as you can see, while all of the PC charges in this case were indeed dropped Weaver is still going to jail for a long, long time…

The DA even called him to think about the level of force he (Weaver) was using and asked him if he at any point realized that anyone of the officers there or the responding backup officers could have lawfully killed him for the level of force he used.

Weaver responded he didn’t see it that way.

On a side note it took four officers to subdue him, all testified the reason they did not use deadly force or any other means to subdue him was for two reasons, how quick Weaver put them into a hands on situation and the fact that the fight took place in a bedroom with his two young boys present.

 

[Art Eatman]

"The judge told him it was not his decision as to whether or not he goes to jail, once the officer has told him he is under arrest his job is to submit and go peacefully, it was his (Judge Sizemore) job to determine if the arrest was lawful in a court of law."

I don't know why this point is so difficult for people to understand. It's not just Georgia; it's the same in Texas.

Generally, folks who don't think about the judge's advice learn all about a couple of applicable sayings, "You can beat the rap, but you can't beat the ride." and that sad, sad "famous last words" of "You can't DO that!"

"Tell it to the judge." has been around much longer than I have...

Art

 

[El Tejon]

The common law "right of resistance" has been wiped out by statute in all states, I believe.

The militia boys still talk about it, and, of course, fringe on the flag.

Fall back to the Court of Appeals.

 

[TheFederalistWeasel]

I agree Art, in the end Weaver would have gone to jail, spent between 6 and 24 hours there, bonded out then he could have lawyered up had the initial charged dismissed then sued the PD for false or unlawful arrest, he might have even won too!

Now any civil action he may bring against the city of Byron will be looked at with a critical eye in the face of a Superior court guilty verdict on 3 felony charges.

3 charges which had he just taken the ride he would not now or ever have.

 

[El Tejon]

Lesson learned: Eddie Haskell up! Someone keeps saying that.

 

[Wildalaska]

It's not just Georgia; it's the same in Texas.

And indeed the whole country IIRC

WildbutheywhoscountinAlaska

 

[Sean Smith]

But based on testimony from Kelly and Chris Weaver, Sizemore said he found that Chris Weaver had not harmed - and had not intended to harm - Kelly Weaver. Kelly Weaver testified that she only wanted police to make Chris Weaver leave the house - not arrest him.

And thus the proximate cause of this entire situation gets off scott-free, the dingy broad who called the cops when there was no basis for doing so.

Resisting arrest is generally way beyond dumb. After all, if the arrest is stupid you can always sue the schmucks. But the guy was put in the situation that can be reasonably expected to provoke extreme anger by a dingbat calling 911 when there was no threat to her whatsoever.

 

[Old Dog]

I dunno, Sean ...

Johnston first responded to a 911 call made by a next-door neighbor when Kelly Weaver arrived on her door step at 3 a.m. At the Weavers' home, Johnston found a broken lock to the bedroom door, a bedroom lamp overturned and the bedroom telephone broken, Sizemore said. Weaver left the premises before Johnston arrived but returned home a second time before 6 a.m. and Kelly Weaver called 911

I can see where the woman would want her husband to be removed from the house ... on the surface, it seems like a bit of an anger problem on the part of her husband, and a situation that might possibly put some fear in most women to see the husband tearing up the house at 3 a.m. ...

SHE did not put him in that position -- he put HIMSELF in that position. He was already feeling "extreme anger" ...

 

[TheFederalistWeasel]

Let me further add that during testimony the prosecutor provided evidence that the wife had dialed 911 requesting police assistance 23 times in the last year for “domestic calls†the wife stated that she was not fearful of injury from her husband that she just wanted him removed from the house, his house…

In those 23 times the cops never locked up Weaver because the calls were BS, the female finally took out a good behavior warrant against him which we served and arrested him on, he went w/o physical incident but had a bit of mouth on him.

She later had it dropped.

I agree with what Mr. Weavers lawyer said in his closing arguments that many females now understand that they call dial 911 and use the magic words domestic violence and the cops will dutifully come and remove the “aggressor†usually the husband or boyfriend from the premises which is all they (the females) want.

The hubby or B/F is charged with something like simple battery or criminal trespass is hauled off to jail, then, when the DA starts interviewing the victim (the woman) she now has no desire to prosecute cause all she wanted was for the cops to remove the male for the night, not to jail him.

It’s flipping stupid!!!

This woman called 911 the cops showed up and arrested the guy because he had committed a crime earlier in the night, he flipped out and attacked two officers seriously injuring one and now he is facing the music which you could easily say was caused because this woman called 911 damn everytime she had a spitting match with her husband.

 

[Sean Smith]

The above post says it all.

The instigator of the whole situation will get NO punishment at all. Her phone call is the proximate cause of the police/ guy innocent of the reason the cops were called encounter. But for her call, nothing would have happened.

Resisting arrest in that situation was moronic. I'm not upset about the guy getting nailed by the judge in and of itself. But the situation itself happened because of the bimbo crank-calling 911 two dozen times, and they finally fell for it.

Consequences for her? Nil.

I wonder how many real wife beaters get away with it because the cops are busy doing worthless crap like chasing down bogus calls from vindictive twit spouses?

 

[TheFederalistWeasel]

Or cops like me who feel it’s not my job to be a marriage counselor and hell even if I did I don’t ever recall being tendered a license to practice counseling when they swore me in either.

Call me when the fecal matter has hit the Westinghouse, blood, hair, teeth and eyeballs are scattered about and I’ll come lock up everyone including the dog!!!

Until then act like adults and handle your inevitable martial problems yourself.

911 is not the local counseling hotline.

 

[Old Dog]

No, the situation did not occur because the woman called 911 ... the situation occurred because the husband did not couldn't get it through his head that he should have long before terminated a bad relationship (or sought some help to repair the marriage long before) ... went back to the house AFTER an argument and tore up the house in the middle of the night. His mistake, not hers.

the wife had dialed 911 requesting police assistance 23 times in the last year for “domestic calls†the wife stated that she was not fearful of injury from her husband that she just wanted him removed from the house, his house…

And yet, the husband stayed with this woman.

I do agree with all that the domestic violence laws can be manipulated by vindictive or crazy spouses ... and I definitely believe that law enforcement should not have to get in the middle of souring domestic relationships. But to assign blame to the woman for calling the police when (1) husband clearly tore up the house in an angry fit and (2) husband stayed angry and thoroughly made a bad situation worse when he resisted arrest ... well, can't buy it -- he's just as culpable.

 

[beerslurpy]

If a girlfriend called the cops on me as a debating tactic, I would have her out on her ass and sued or arrested the second I got out of jail.

As for marriage, there isnt anything I need marriage for. Its just a stupid religious ceremony that gives half your stuff to a person who didnt earn it. I think florida is the number one proof of two things: marriage doesnt last forever, and you dont need to be married to have kids. I can think of no 2-3 year relationship that was so fulfilling that I wanted to give a girl half my posessions and money.

 

[Standing Wolf]

Kelly and Chris Weaver had initially gotten into an argument at her sister's house Thanksgiving Day about a pack of cigarettes...

I guess they were just feeling extra-thankful that day.