For the past year or so I have been nearly inactive in the prospecting community as a whole, and feel that right now I should explain the reason and when you get done reading, you will understand why I'm telling you. I have been very quiet about it until the court proceeding finished, and finally I have to spill the beans. CP, Russ, ME, and "Frito-Lay Dave" are the only ones that had knowledge of this until now.


I have been very vocal in the use of force to counter equal force whenever possible. I am a firm believer in the freedom of speech, and stand behind the Second Amendment to protect the rest of the Bill of Rights. I know that as vocal as I get, it has bothered a lot of people.


In my life I have had to draw a gun only a couple times for self defense reasons. No other reason.
- The time a state park ranger was trespassing on a buddy's property telling another buddy that he can't mine when in fact he had a written lease;
- A few years ago when I caught kids breaking into a neighbor's home, and one of them was dumb enough to come at me with an unidentified weapon;
- And then the last time which I'm here to discuss.

I have been shot at & assaulted and a few other nasty crimes to boot. And because of what I have been through is why I am so vocal about "just kill'em all and let God sort'em out". Because in every instance it has proven that the police are NOT there to do anything more than to clean up the mess when it's over.


In June of last year a man came to my home threatening me and demanding money he claimed I owed. No proof of debt, nothing. He was literally empty handed. After asking for proof of debt, after telling him to go away, and after shutting the door, he blocked it and forced his way into my home continuing with the threats. When he did that I retreated further into my home with the knowledge of him in pursuit with my understand he intended to do harm, and I "grabbed" a firearm. No shots were ever fired, no one was hurt. But THE only way I could get this man to leave the premises was not the presence of a handgun, which I know he saw, but instead I had to "draw a line in the sand" by chambering a round. All of my actions permissible by law.

Well, he called the police, as did I. And I got arrested. This last May I was prosecuted for Felony Menacing (and a couple other smaller crimes), and sentencing is now July 11th in Salida.


I wish I could say "The point here is....", but I can't. I have so much hard core proof left and right, literally, that I was in the right. Only difference is I have been here 3 years and that guy has been here for 20.

I have been told by friends that are police officers/sheriff's deputies that there is no reason why *I* should have been arrested. The man committed 1st degree trespass, criminal extortion, and yes even 1st degree kidnapping (under Colorado state law). Felonies that upon his convicition would put him UNDER the prison. But they came after me instead.


Right now I'm in a fix. I have a lawyer that is considering taking the appeal, but he has to have cash. I am working on getting the funding myself, and I am not asking you to donate money! BUT if you want to donate, contact me and I'll give you the details. He's a good lawyer, both Rocky Mountain Gun Owners and National Rifle Association referred me to him. But he won't do anything until a minimum is reached.


I will say, that a number of you have met me, and some have seen me when I've been heated. I'll admit I have a temper. I can get pretty hot under the collar, as some saw in '04. But I also, until now, have ZERO criminal history. And at no time in my life have I ever used a firearm in anything but self-defense, and in my entire life I have never had to point a gun at anyone. Even that kid that came at me in Wyoming a few years back.


I ask that any that have a chance to show, please do. If all you can do is moral/verbal support, THAT is what I'm looking for. I sure could use some positive support when I find out if all I get is probation, jail or prison.


Right now I'm kicking myself in the a**, because this stuff I don't usually care to advertise to others. I prefer privacy above all else. I hate to say this, but right now ANY support, verbal, donation, etc., is appreciated.

Carl im sending the judge a letter of support for you! im still scratching my head over why you got arrested and not him.....he musta knew the judge/cops! good luck!

I am kinda going through the same thing. A guy assaulted our vehicle, threatened my wife and tried pulling me out of the car. So I whupped him. Bad. All because I wouldn't give him any money and told him to "get a f$%&ing job". Now I got court. And I'm disabled, whereas he is not. All caught on tape at the local loaf and jug. Stupid, huh?!
And I probably will again ifin Doug and I can meet face to face....
You have my support. I do not care what the circumstances were/are. If someone's in your house, do what is neccessary. Period. I guess I'm old school like that. I believe in integrity and being a man-not a cowering puppy.
I believe the Lord Jesus said it best:
"Let he who is without sin cast the first stone".

Thanks guys. Interesting you mention that Todd, as this guy knows about my disability and he's a combat trained USMC. And the cop thinks that he's gonna let me call 911 after forcing his way into my home....

Carl, i sent the letter to the judge! i also sent you a email but im not sure you have a location to read it from.i have the tracking number of the letter if you want it.the judge should have it monday!

Good luck Carl!Hopeing for a favorable day for you!

I'm lucky, kinda. The limits the laws have are extreme. In an absolute worst case scenario I could have netted upto 18 years. I was expecting 18 months and friends were saying maybe 90 days. I got a lot less.
And the rest of my life I don't have the right to hunt or have guns.

That's ok, I swing a pretty mean 2x4....

welcome back Carl!

I hope this post finds you well Carl. If I'd seen the original post sooner, I definitely would have written the Judge as well.
I find it hard to believe that the prosecutor had such a H-O for you. Going by what you've described, you were well within your legal and Constitutional Right to defend yourself and your property.
I too am a staunch supporter of the 2nd, and can only imagine how cheated you must feel in losing that Right.
Are you still going to appeal, or has that option left the building (unlike your intruder)?
I just can't fathom how a state that is so "proud" of its self defense provisions can allow this to occur. Evidently the Prosecutor and/or Judge must be anti-firearms folks to allow this easily dismissible action to go the full extent.

And to all others: DON'T allow this episode dissuade you from defending your families, your property and yourself.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - Second Amendment of the U.S. Constitution

"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." -Article II Section 13 of the Colorado Constitution

Ok, off of my soapbox now...

Thank you Ernie. I can always use the letter for the probation officer....
If I can get the Discovery stuff I can show you what is going on. Not just my opinion, either. I'm now in Leadville. If you ever come up this way, let's see if we can't get together and hit either O'Neil's or....?

Of course that offer is open to anyone that likes to pan.....

Carl you probly wouldnt be in this situation if that intruder was dead. not that i advocate killing, but think about it! he probly talked to the police prior to his visit with you.setting the stage so to speak. i would appeal the conviction.

I've moved this thread to the fight for your rights section as the discussion now seems to fit here well.

CP

Heck yes Carl, PM me the contact info of your probie officer and I'll definitely defend yer character!

After discussing this with a legal well informed buddy, it seems that you may have lost the race to the phone. If he called the local LEO first, then you pretty much become the badguy regardless of his intrusion and/or threats.
I feel for ya brother, I myself was almost sent up for three years for possession of a BB gun back in NJ. Ended up getting 3 yrs probation.

So you're not allowed to own a gun or hunt? I wonder if you'd be allowed to pop a few rounds downrange with a friends bulletflinger? hmmm....