School Gunman Sues Defense Lawyer

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wwbiii
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School Gunman Sues Defense Lawyer

Post by wwbiii »

July 31, 2013 a CCW holder dropped his daughter off at school safety zone and waited for her return.

The Mentor Police showed up and ORDERED him to leave when he was otherwise legally parked waiting for his daughter.

He refused to leave.

Q: Did he violate a "lawful order" and therefore, Improperly Handling a Firearm in violation of 2923.16(E)(5)?

Q: Is it possible that the jury could find a violation of 2923.16 when the CCW holder was not charged with that?

Q: Can a Defense Lawyer tell the Jury his client is guilty of violating a lawful order, and still expect an acquittal?

read all about it google: jaye schlachet client review
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Re: School Gunman Sues Defense Lawyer

Post by hairtrigger »

Welcome to the forum. Are you involved with this case in some manner?
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Re: School Gunman Sues Defense Lawyer

Post by BobK »

I see it is your first post, so WELCOME.

Are you the Armand R. DiNardo, Jr mentioned in the case?
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Re: School Gunman Sues Defense Lawyer

Post by Werz »

BobK wrote:I see it is your first post, so WELCOME.

Are you the Armand R. DiNardo, Jr mentioned in the case?
The one who was found guilty of:
2923.122 - F-5 ILLEGAL POSSESSION OF DEADLY WEAPON OR DANGEROUS ORDNANCE IN SCHOOL SAFETY ZONE
2921.31 - F-5 OBSTRUCTING OFFICIAL BUSINESS
2917.31 - Misdemeanor 1st Degree INDUCING PANIC
2921.331 - Misdemeanor 1st Degree FAILURE TO COMPLY WITH ORDER OR SIGNAL OF POLICE OFFICER
but no violation of R.C. 2923.16?

And did the underlying events happen on July 31, 2013, or was he found guilty of all those offenses on that date?

Of course, you can never tell if you're getting all the relevant facts in these posts, but since oral arguments on the appeal were scheduled for last week, I imagine we'll be treated to a more detailed recitation of the facts when the Eleventh District Court of Appeals issues their opinion.
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Re: School Gunman Sues Defense Lawyer

Post by JediSkipdogg »

While we can't always believe the media....nice story.... :roll:

http://www.newsnet5.com/news/local-news ... n-property" onclick="window.open(this.href);return false;
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Re: School Gunman Sues Defense Lawyer

Post by Werz »

JediSkipdogg wrote:While we can't always believe the media....nice story.... :roll:

http://www.newsnet5.com/news/local-news ... n-property" onclick="window.open(this.href);return false;
Golly, what's with all those extra, annoying facts?!
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
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evan price
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Re: School Gunman Sues Defense Lawyer

Post by evan price »

wwbiii wrote:July 31, 2013 a CCW holder dropped his daughter off at school safety zone and waited for her return.

The Mentor Police showed up and ORDERED him to leave when he was otherwise legally parked waiting for his daughter.

He refused to leave.

Q: Did he violate a "lawful order" and therefore, Improperly Handling a Firearm in violation of 2923.16(E)(5)?

Q: Is it possible that the jury could find a violation of 2923.16 when the CCW holder was not charged with that?

Q: Can a Defense Lawyer tell the Jury his client is guilty of violating a lawful order, and still expect an acquittal?

read all about it google: jaye schlachet client review
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Re: School Gunman Sues Defense Lawyer

Post by carmen fovozzo »

Darn Werz....You take all the fun out of a thread.... :)
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Re: School Gunman Sues Defense Lawyer

Post by pirateguy191 »

Private school?
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Re: School Gunman Sues Defense Lawyer

Post by catfish86 »

There are a host of issues, the OP made it sound like he was dropping off his daughter WHO WAS A STUDENT. In fact she was not a student there which is important because Ohio has an exception to the school safety zone in the course of picking up or dropping off a STUDENT. He is screwed on that account. Second, in most places if you are asked to leave by the police acting on the instructions of the property owner, you should do so. Then he put the previously concealed firearm in plain view. Screwed.
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Re: School Gunman Sues Defense Lawyer

Post by CroManGun »

I thought there was some prohibition about carrying while wearing a really bad comb-over. :P

Q: Can a Defense Lawyer tell the Jury his client is guilty of violating a lawful order, and still expect to be paid?

Q: Can the OP really think he will garner any support from the CHL community for his blatant violation of applicable law and lack of common sense?
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Re: School Gunman Sues Defense Lawyer

Post by gaptrick »

catfish86 wrote:There are a host of issues, the OP made it sound like he was dropping off his daughter WHO WAS A STUDENT. In fact she was not a student there which is important because Ohio has an exception to the school safety zone in the course of picking up or dropping off a STUDENT. He is screwed on that account. Second, in most places if you are asked to leave by the police acting on the instructions of the property owner, you should do so. Then he put the previously concealed firearm in plain view. Screwed.
Actually, the law states, "A CHILD" rather than a "STUDENT". Depending on the circumstances that's wide open to interpretation. My wife the teacher is my mother-in-law's "child"... this gives me the right to drop her off at work while I'm armed as long as I follow the rest of the rules.

Regardless, this guy may have been put in the toaster for reason...
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Re: School Gunman Sues Defense Lawyer

Post by JustaShooter »

gaptrick wrote:Actually, the law states, "A CHILD" rather than a "STUDENT". Depending on the circumstances that's wide open to interpretation. My wife the teacher is my mother-in-law's "child"... this gives me the right to drop her off at work while I'm armed as long as I follow the rest of the rules.
I seriously hope you never have to use that convoluted defense in court. And I really hope nobody on these forums thinks your interpretation is in any way legal. I don't have ORC or case law at hand to support it, but "child" means someone who has not yet attained the age of majority, which is 18 years or older. Unless your wife is under 18, she is not legally considered "a child".
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Re: School Gunman Sues Defense Lawyer

Post by Mindbender14 »

It was beginning to get dead around here. :mrgreen:
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Re: School Gunman Sues Defense Lawyer

Post by SMMAssociates »

JustaShooter:

Actually, our friends at various anti-freedom organizations use ages up to 24, last I noticed, to calculate the number of "children" damaged by handguns....

Wonder if that would fly in this instance? :evil:

It's pretty clear that the Legislative intent in this case was for K-12 kids, and although it doesn't say "student", there's a solid implication that "child" was also the intent. There are a few "day care" situations around here where younger kids are cared for at schools in various ways where they're not old enough to be "students", or may be from other school facilities in the area.

(The mud monster attended an "after school" program for several years while in Elementary School. I used to pick her up regularly. Years before 2004, though. Never heard anything about which school she attended during the day.... Which may be why "child" was used....)

I didn't read the article, but presuming the "child" in question was in roughly the K-12 band, the Officer's request was probably out of line. However if the "child" was older or in the building for some other reason, the licensee is probably cooked....

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