Embody vs Judge

[DaveS]

Channel 5 this morning said that Embody represented himself in court yesterday, and told the Judge the Police had NO RIGHT to arrest him. The Judge said "yes they did", and bound him over to the Grand Jury!

 

So much for that huh?

 

Dave

Edited August 21, 2013 by DaveS

[dralarms]

Dumbass.

Not you Dave,

[TMF]

This guy could save a lot of time if he would just go set money on fire and subject himself to a violent gang rape.  Oh well, I guess he'll have to experience the extended version.

[DaveTN]

http://www.miamiherald.com/2013/08/20/3574730/case-of-gun-rights-advocate-goes.html

 

He has a chance that a Grand Jury won’t indict. But if it goes to a Grand Jury I would assume that means the DA wants to prosecute the case.

Edited August 21, 2013 by DaveTN

[DaveS]

Dumbass.

Not you Dave,

You had me worried for a second! lol

 

Dave

[DaveS]

http://www.miamiherald.com/2013/08/20/3574730/case-of-gun-rights-advocate-goes.html

 

He has a chance that a Grand Jury won’t indict. But if it goes to a Grand Jury I would assume that means the DA wants to prosecute the case.

Thanks for posting that Dave. Is that dude on some kind of trip?

 

Dave

[peejman]

Thanks for posting that Dave. Is that dude on some kind of trip?

 

Dave

 

 

Yes, clearly he's on some kind of trip.  No one seems to have any idea what kind of trip, but its got to be something...

[Stegall Law Firm]

Assuming he has a tax stamp for that silencer and that's what he tried to introduce, I'd like to know why the judge did not allow it.  No question, Embody is being a complete knucklehead, but it was wrong for the judge not to consider the evidence.

 

Embody's about to find out that you never, ever want to let a small problem turn into a big one.  If he'd spent a few thousand and hired a lawyer it probably would have gone away.  But this is not his first time around this particular block.  People like him, I think they get some kind of sick pleasure out of it.  They enjoy being reamed through the system.  You just can't reason with them.

[DaveS]

Assuming he has a tax stamp for that silencer and that's what he tried to introduce, I'd like to know why the judge did not allow it.  No question, Embody is being a complete knucklehead, but it was wrong for the judge not to consider the evidence.

 

Embody's about to find out that you never, ever want to let a small problem turn into a big one.  If he'd spent a few thousand and hired a lawyer it probably would have gone away.  But this is not his first time around this particular block.  People like him, I think they get some kind of sick pleasure out of it.  They enjoy being reamed through the system.  You just can't reason with them.

I'm curious as well, as to why the Judge won't allow evidence. How do you proceed with a case without it?

 

Dave

[Superman]

While I do not agree with this guy, but if they are charging him with having a suppressor and he has proof that it is legal then the judge is being stupid by not allowing the evidence. If they want him to go to jail they need to find something to charge him with that will stick.

[peejman]

I assume it all boils down to probable cause.  The judge believes the officers had PC to search him and he refused to cooperate.  End of story. 

[DaveTN]

I'm curious as well, as to why the Judge won't allow evidence. How do you proceed with a case without it?

 

Dave

He refused to show the documentation. He’s making an argument that he doesn’t have to show it to cops; only IRS or BATF. I would guess it will boil down to whether or not he has so show it on demand. We will see.

[Dolomite_supafly]

The evidence will come out in the Grand Jury and at trial if it makes it there.

[TMF]

 

 People like him, I think they get some kind of sick pleasure out of it.  They enjoy being reamed through the system. 

 

If there was a book it would be called 50 Shades of Stupid.

[Dolomite_supafly]

He refused to show the documentation. He’s making an argument that he doesn’t have to show it to cops; only IRS or BATF. I would guess it will boil down to whether or not he has so show it on demand. We will see.

 

He is right in the fact the forms used for NFA items are tax documents and they are protected in the same way your tax returns are. LE can ask to see your tax returns but you do not have to show them. NFA paperwork is the same because the NFA paperwork is a tax document. LE can ask to see your NFA paperwork but you are not required to show them because it is a protected tax document. I carry copies anyways and show it when asked just to avoid the hassle but in all actuality those who are authorized to demand to view my NFA paperwork would want to see the original, not a copy.

[Hershmeister]

Out of curiosity, how is it legal for local or state LEO to enforce Federal NFA laws? Isn't this similar to the argument that the SCOTUS recently ruled against Arizona for enforcing Federal immigration law?

[TMF]

He is right in the fact the forms used for NFA items are tax documents and they are protected in the same way your tax returns are. LE can ask to see your tax returns but you do not have to show them. NFA paperwork is the same because the NFA paperwork is a tax document. LE can ask to see your NFA paperwork but you are not required to show them because it is a protected tax document. I carry copies anyways and show it when asked just to avoid the hassle but in all actuality those who are authorized to demand to view my NFA paperwork would want to see the original, not a copy.

 

 

Out of curiosity, how is it legal for local or state LEO to enforce Federal NFA laws? Isn't this similar to the argument that the SCOTUS recently ruled against Arizona for enforcing Federal immigration law?

 

 

I guess Lenny is gonna find out for us.  See, he is good for something!

 

The tax thing seems like a technicality though, and I think this whole thing was to get them in a catch-22, where they could arrest him for having a prohibited firearm, but it was not a prohibited firearm based on documentation he isn't required to show them, so they could not determine that the firearm was legal.  I mean, imagine tooling around with a .50 cal machine gun on your jeep and then telling the cop to pound sand when he asks for your FA paperwork on it.  I mean, I guess in a perfect system we wouldn't need such silly things as tax stamps in the first place, but we do and it is generally not a good idea to pick a fight with a cop using technicalities.

[gjohnsoniv]

Seems like he's really walking a razors edge on this one.

[Chris]

I'm no more a fan of lawyers than anyone else, but going to court without one is like going to a gunfight unarmed, naked and with a big "shoot me first" sign around your neck.

[Guest PapaB]

This clown seems to suffer from masochistic narcissism. He's so convinced that he, and only he, is 100% right that he causes himself undue pain and hardship to prove his point.

 

I wonder if he's representing himself due to his narcissism or because he spoke to lawyers and they just stared back at him in disbelief.

[Garufa]

Audio of the hearing....

 

http://www.youtube.com/watch?v=ft5bOGyjmaE

[mikegideon]

Assuming he has a tax stamp for that silencer and that's what he tried to introduce, I'd like to know why the judge did not allow it.  No question, Embody is being a complete knucklehead, but it was wrong for the judge not to consider the evidence.

 

I'm thinking they're sick and tired of Lenny, and will give him as much hell as they can. What does the judge have to lose by binding him over? I figure Lenny has enough douchebag in him to jailhouse lawyer his way into an indictment. :)

[three5seven]

Don't know if this link will work, but here's the charging instrument from the Nashville-Davidson County Criminal Court Clerk Website for anyone who wishes to read it. 

 

 

http://ccc.nashville.gov/jis-web-affidavit/work/Affidavit-AJPRequestHandler-ApplicationServerThread-6-785890342.pdf

[TripleDigitRide]

At this point, they are merely flexing their authority. This case is a waste of time, and I'm certain the judge and DA know it. Wasting time and money just to prove a point. They are no better than he is.

[Raoul]

At this point, they are merely flexing their authority. This case is a waste of time, and I'm certain the judge and DA know it. Wasting time and money just to prove a point. They are no better than he is.

 

 

Maybe they're just tired of dicking around with this Einstein. They can use our tax dollars to drag this thing out and he has to pony up. Might be the only real pain they can inflict on him.