TE Jake Stoneburner (Official Thread)

[leroyjenkins]

Yeah, I'd agree, up to the point where the officers threatened to call in a search dog. No doubt that law enforcement overreacted...

The dog was most likely a bluff (one that I've made plenty). Unless there was a fleeing (violent) felon, or a imminent threat to the safety of the public of the officers, SHPD would not have been justified in any way.

 

[Sportsbuck28]

It is indeed a crime. I'd also rather deal with the police than piss my pants. Sometimes nature calls. And you have to answer. It's something that every human understands. I can't see it being worth chasing some people who were pissing. Then they requested backup!

If you are committing a crime and you run, you will be chased (according to policy of course). Whether it's a homicide or something like this.

Yeah, I'd agree, up to the point where the officers threatened to call in a search dog. No doubt that law enforcement overreacted...

Like Leroy said, that was probably just a bluff. If they had actually called it in it would've been completely unjustified and an abuse of power for sure.

 

[ochre]

http://www.buckeyextra.com/content/stories/2012/06/03/stoneburner-mewhort-are-arrested.html



Really? A police dog? Because some dudes were pissing? I guess this is what happens when you only get to do police things four days a year. I bet they had a lot of fun using the siren and unrolling the crime scene tape too.

I also read somewhere (I thought in this article, maybe it was removed) that they said they considered felony charges because Buford T. Justice fell and broke his thumb while they were in hot pursuit.

This is some of the most overblown crap I've ever seen.

sometimes you have to call in the reserves.

 

[LeftCoastBuck]

Two kids pissing out in the open barely rises to the level of turning your head away. They weren't trying to damage property. Running was stupid. But now the cops feel that they have to justify all of this attention and have put together a small pile of CYA paperwork in the incident report.

The job of the defense attorney is to "convince" the prosecutor that it is going to cost him a lot more time and money than he thought to deal with this....and some embarrassment for good measure. A good friend of mine (partner in a large firm) believes that they were charged with the wrong offense.

When both sides get real, a deal will get done.

 

[maximumblitz]

I found this link to be helpful in explaining what obstructing official business is and how to avoid getting charged with it:
http://www.opd.ohio.gov/RC_Casebook/obstructing_justice_and_obstruct.htm

Unless you want to be in "Cool Hand Luke, Part II", watch out for this:

[FONT=&quot]State v. Stayton[/FONT][FONT=&quot] (1998), 126 Ohio App. 3d 158 -- Defendant fed expired parking meters ahead of officer writing tickets. Obstructing official business conviction upheld. See dissent, finding officer's work was not hampered, since he could still write tickets, and characterizing the defendant's offense as "aggravated foolishness."[/FONT]

[FONT=&quot]Kids, don't try this at home:[/FONT]

[FONT=&quot]Dayton[/FONT][FONT=&quot] v. Esrati[/FONT][FONT=&quot] (1997), 125 Ohio App. 3d 60 -- Disrupting a lawful meeting and other charges were properly dismissed where city could not show its actions were not directed at the communicative nature of the defendant's conduct. Defendant quietly donned a ninja mask during city council meeting to protest proposal to reduce public participation.[/FONT]

Hire an attorney if you find yourself in this situation:

[FONT=&quot]Warensville Heights v. Wason[/FONT][FONT=&quot] (1976), 50 Ohio App. 2d 21 -- Flashing headlights to warn oncoming motorists of radar speed trap is not proven to have obstructed an officer in the course of his duties where there has been no proof that the warned vehicles were actually speeding.[/FONT]

 

[OH10]

Obstruction is a bullshit, vague statute that can apply to almost any sort of annoyance that the public expects that the police will have to endure, especially from anyone who may be intoxicated. It is overcharged all the time.

Take these cases to jury every time. You will not get a unanimous verdict of wrongdoing if it is that much bullshit.

 

[DaBears]

State v. Stayton (1998), 126 Ohio App. 3d 158 -- Defendant fed expired parking meters ahead of officer writing tickets. Obstructing official business conviction upheld. See dissent, finding officer's work was not hampered, since he could still write tickets, and characterizing the defendant's offense as "aggravated foolishness."

If this went to a jury, how could that guy lose? That's a situation where jury nullification is appropriate.

 

[OH10]

State v. Stayton (1998), 126 Ohio App. 3d 158 -- Defendant fed expired parking meters ahead of officer writing tickets. Obstructing official business conviction upheld. See dissent, finding officer's work was not hampered, since he could still write tickets, and characterizing the defendant's offense as "aggravated foolishness."

If this went to a jury, how could that guy lose? That's a situation where jury nullification is appropriate.

It's not jury nullification if the jurors narrowly interpret the statute, which they should.

 

[Fungo Squiggly]

I don't find any fault with the officers. They saw three young males wandering their town at 2AM and kept an eye on them. When they saw them sneak into an alley near a school, they followed. They confronted them and the kids ran. They didn't chase Jake & Co. because they were pissing in public, they chased them because they ran. Most innocent people don't run from a ticket.

The kids screwed up a little bit by peeing in public (seriously, if you have to pee at 2 AM, DON'T piss on a school and for god's sake, make sure the rozzers aren't around) and screwed up a LOT by running from what would have been a minor incident.

 

[OH10]

I don't find any fault with the officers. They saw three young males wandering their town at 2AM and kept an eye on them. When they saw them sneak into an alley near a school, they followed. They confronted them and the kids ran. They didn't chase Jake & Co. because they were [censored]ing in public, they chased them because they ran. Most innocent people don't run from a ticket.

The kids screwed up a little bit by peeing in public (seriously, if you have to pee at 2 AM, DON'T [censored] on a school and for god's sake, make sure the rozzers aren't around) and screwed up a LOT by running from what would have been a minor incident.

While this is true, if the officers didn't see them urinating, then they didn't have probable cause to stop them from running.

It [censored]es me off that simply running from the police would somehow be evidence of a crime having been committed and yet they have no idea what crime may have been committed.

We give the police a lot of power and we wonder why people run from them.

 

[LeftCoastBuck]

I found this link to be helpful in explaining what obstructing official business is and how to avoid getting charged with it:
http://www.opd.ohio.gov/RC_Casebook/obstructing_justice_and_obstruct.htm

Unless you want to be in "Cool Hand Luke, Part II", watch out for this:

[FONT=&quot]Kids, don't try this at home:[/FONT]
Hire an attorney if you find yourself in this situation:

Great post.....but the case law seems grey enough that there could be a bunch of arguments to be made...if the guys did not hear the cops because of distance, ambient noise, etc....

Let's hope common sense prevails

 

[RB07OSU]

The most readily learned lesson from the incident report is this...don't talk to the police. Stoney is the only one to have admitted to urinating in public...and is the only one charged with it. There is literally nothing good that can come from talking to police. I can't condone running, but I also can't condone talking to police. Ever. As for obstructing justice...if all 3 take it to trial, I would like to see if there are common sense resources to prosecute such utter BS misdemeanors.

 

[OhioState001]

 

[buckiprof]

Shouldn't that say "Sun" instead of "Maize"?

 

[osugrad21]

Ironic that maize is piss yellow...