Monthly Archives: March 2011

Meet Brendan Kelly

My dealings with Mr. Kelly began when he was serving as the St. Clair County, Illinois, Circuit Clerk. I dealt with his office trying to file criminal complaints, under the direction of Judge Randall Kelly, against Fairview Heights Police Officers. The clerks working in his office were reluctant to accept my filings in the matter, which turned out to be the correct action. However, during my mistaken insistence Mr. Kelly met with me personally and took possession of my sworn criminal complaints. Mr. Kelly had no constitutional authority to act in such a manner. Some may say that he was being accommodating in assisting me getting my complaints filed, but as Mr. Kelly is an attorney he should have known, as his clerks did, that his office was not the proper venue for addressing such complaints. I believe Mr. Kelly misled and deceived me by taking my complaints under the pretense he had any authority to have them reviewed as sworn criminal complaints. There are a number of internet sites referencing Mr. Kelly, so do not think my issues with him are biased, but rather based on experience. Here are other sources of information about Mr. Kelly.

Now that Mr. Kelly is State’s Attorney, I would expect him to take action on the information he is in possession of, that being the dashboard video and evidence from my criminal charges, which show the Fairview Heights Police lied and fabricated evidence to support their actions in beating me. I allege the police, Joshua Alemond and Aaron Nyman, committed acts giving rise to official misconduct. Despite all my communications with Mr. Kelly he fails or refuses to address the matter, yet he claims to be the chief law enforcement officer of St. Clair County. Mr. Kelly, the law is not selective. Police are not exempt from prosecution for criminal acts, or are they? When will you quit dispensing platitudes about justice and address my complaints. I am not going away on this matter. I prefer to remain civil, but I will escalate the tone of my discontent the longer the issue goes unanswered.

Google search for “Brendan Kelly St. Clair County”

http://www.google.com/#sclient=psy&hl=en&q=brendan+kelly+st.+clair+county&aq=f&aqi=&aql=f&oq=&pbx=1&fp=de75a602c8f5c053

Selected returns for the above search:

http://www.madisonrecord.com/news/223808-st.-clair-county-circuit-clerk-brendan-kelly-is-person-of-the-year

http://www.bnd.com/2010/06/01/1276986/civil-case-information-now-on.html

https://www.facebook.com/pages/Brendan-Kelly/135355479851493

http://www.stltoday.com/news/local/illinois/article_3d370bcb-fe6d-55b6-bbcc-2ffd1804d8b2.html

http://videos.bnd.com/vmix_hosted_apps/p/media?id=2285904&item_index=6&all=1&sort=NULL

http://www.newsroom-sheriff.us/2010/12/states-attorney-changes-policy-for-drug-arrests.html

http://www.madisonrecord.com/news/231550-kelly-nominated-to-become-st.-clair-states-attorney

http://lawyersearchtoday.com/tag/brendan-kelly/

http://www.lawenforcementtoday.com/news/view/9110

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Streamwood cop charged in motorist's beating. Hey, St. Clair County, get a clue!

Apparently, the State’s Attorney in Cook County has more principles than either Bob Haida or Brendan Kelly in St. Clair County. I have been pursuing criminal charges against Fairview Heights Police originating with an unlawful traffic stop on Feb. 17, 2009. My story is here.

I will be contacting the Cook County Assistant State’s Attorney, Alexander Vroustouris, for some background on how charges were brought against the officer, James Mandarino.

Ronald  Bell, 28, on March 28 at St. Alexis Hospital Hoffman Estates after prosecutors say he was beaten by Streamwood Police Officer James Mandarino.  (Photo courtesy of Stacey Bell, victim’s brother) MORE PHOTOS

As Ronald Bell crouched on his hands and knees on his driveway, the Streamwood police officer started whaling away with his metal baton, striking Bell on his back.

Bell tried to block the blows with his right arm, but Officer James Mandarino then hit him on the head and arm — 15 times in all — until Bell collapsed to the pavement, clasping his head in his hands in a desperate attempt to shield himself from further abuse.

Bell was charged with resisting a police officer and reckless driving, both misdemeanors, and was issued a handful of traffic tickets, including driving under the influence.

But less than a day later, the attention of law enforcement shifted to Mandarino. A digital camera mounted on his squad car recorded every second of what Cook County prosecutors said was an unprovoked beating. The early-morning assault played out amid the headlights of the police cruiser as its windshield wipers swept back and forth in the rain. (See video HERE)

What I find interesting is that there are comments posted by police officers on this site where they appear to support the beating dispensed by this thug. The police mindset is disturbing.

Excerpt from http://forums.officer.com/forums/archive/index.php/t-144771.html

04-15-2010, 08:18 PM
Watch the full video, and you’ll definitely still see nothing wrong with this. 

I know this officer. Mandarino was one of my FTO’s, and I feel fortunate to have had the experience of working with him during my time on the department. I can’t comment on this incident; I wasn’t there. I CAN state, he’s one of the smartest and most trusted officers around. He’s respected and deserves that respect. Without a doubt, the news outlets are making their headlines by showing one minute of a five minute video (you can see the whole thing on youtube), crying foul for the offender, but in the process, negligently tarnishing the name and reputation of a good officer. It’s tragic.

My pursuit of criminal charges against Fairview Heights Police for beating me.

Since February, 2009 I have been involved in battling the State of Illinois in attempting to bring criminal charges against Fairview Heights Police officers, Joshua Alemond and Aaron Nyman, for criminal acts resulting from an unlawful traffic stop. On that day I was on my way home from work when I was pulled over for no reason by Joshua Alemond, a Fairview Heights Police Officer. I was ordered out of my truck at gunpoint and subsequently beaten and Tasered by Alemond and with the assistance of Aaron Nyman, another acting Fairview Heights Police Officer. I was charged with 5 offenses, all of which were dismissed, and have since been pursuing criminal charges against Alemond and Nyman as well as filing a civil case. With the assistance of Brendan Kelly, the then Circuit Clerk, and Bob Haida, the then State’s Attorney, officials still refuse to take any action despite my presenting sworn criminal complaints. Circuit Clerk, Brendan Kelly, took possession of my complaints and mis-filed them. I also sent copies to the State’s Attorney and Chief Judge, all of whom refuse to respond or take action. Bob Haida and Brendan Kelly were in possession of the dashboard video which contradicts the complaint filed by the police.

Apparently, it is possible for police to be prosecuted as evidenced in the story here. Brendan Kelly and Bob Haida could learn something from Assistant Cook County State’s Attorney Alexander Vroustouris.

I have been trying to get the State’s Attorney to take notice of the criminal actions of the police and press charges. That story is here.

The charges stemming from this event include:

A bench warrant for failure to appear for a previously dismissed driving without a license charge in 2006. The charge had already been dismissed by Collinsville in 2006 and then improperly filed in St. Clair County outside of the permissible time for filing charges of which I was never lawfully notified.

Improper Lane Usage which allegedly gave rise to reasonable suspicion that I was “intoxicated”. The Joshua Alemond claimed, per his report, that I was “weaving within my own lane”. Watching the dashboard video from Alemond’s patrol car it is clear that I operated my vehicle in a safe manner with no weaving.

Fleeing/Eluding a Peace Officer which stems from my failing to immediately stop when Alemond turned on his emergency lights. The dashboard video and Alemond’s own report states that I slowed down, activated my hazard lights and high beams. I then continued driving safely for about a mile to a lighted side street out of concern for my safety for choosing to not stop on the narrow shoulder of a dark highway at 2am.

Resisting a Peace Officer which stems from my refusing to place my hands behind my back when ordered to do so by Joshua Alemond when the command was being given to me while I was being beaten and Tasered. Both Alemond and Nyman, each weighing over 200 lbs. were on top of me kicking, punching, and Tasering. The command to place my hands behind my back was not given until after they began beating and Tasering me, thereby making it impossible to comply.

No Drivers License which stems from Alemond and Nyman performing an illegal and unconstitutional search of my personal belongings that were inside my truck while I was handcuffed, injured and bleeding in the back of the police cruiser. I was never demanded to produce a drivers license, but instead, because they could not find one they decided to charge me with not having one.

No Insurance which stems from the same circumstances as the drivers license charge.

In essence there was NO probable cause and NO lawful warrant. For reasons yet undetermined, Joshua Alemond decided to initiate a traffic stop and then fabricate charges.

Documents related to the charges, including court transcripts and orders of dismissal:

Transcripts of Proceedings

Record of Proceedings 8-24-09 First Appearance

Record of Proceedings 9-30-09 Second Appearance

Record of Proceedings 10-26-09 Third Appearance

Record of Proceedings 11-30-09 Case Dismissed

Court orders dismissing charges

Order dismissing no DL

Order for fleeing and eluding dismissal

Order dismissing 4 remaining charges

This story is lengthy and has been chronicled piece-meal in various posts so I won’t go into detail here.

In essence, I never entered a plea to any charges when I appeared in court before Randall Kelly. I challenged jurisdiction every step of the way. Upon challenging jurisdiction as well as the alleged reasonable suspicion for arresting me the court then had to allow for a hearing where I challenged probable cause; which in the police report mentions “believing the driver to be intoxicated”. I don’t expect many of you to understand the reasoning behind my Declaration. Whatever our disagreement, it is a document that originates with a moral and philosophical response to what government has become. People have a right to disagree with, and even refuse consent, to that which they find contradictory to their conscience. All things considered, I am a peaceable, non-violent man. If disobedience is a crime then guilty as charged.

I had also been using Freedom of Information Act Requests to try and procure dashboard video and other records which speak to the police report being filled with lies, distortions, and fabrications; as well as containing evidence which would exculpate me of all charges. Fairview Heights Police used a number of tactics to deny the requests and by pressing my rights under Federal Rules of Criminal Procedure (Bailey) the police were required to produce any and all evidence, of which I was permitted a copy. Last month I was provided with certified copies of the dashboard video from both police cars. My 8 month struggle to procure the video had come to an end, and it speaks volumes.

11/30/09, was to be THE day where the probable cause hearing would take place after a number of continuances. I finally had the video, the police report, my supporting case law, and my questions ready to go. However, this time the Alemond and Nyman did not appear.

Judge Randall Kelley called myself and the State’s Attorney, another Kelley (no relation) to the bench. I was asked if I was prepared to proceed to which I replied yes. Then Mr. Kelley was asked if he was prepared to which he replied no. He then asked Judge Kelley for a continuance because the police, his witnesses, were not present. He said he spoke to them on Friday prior to remind them of the appearance and they told him they would not be able to attend.

Judge Kelley then asked me how I felt about the continuance and I explained that I had been more than accommodating in agreeing to necessary continuances in the interest of fairness, all of which did benefit myself and the prosecution, and the last appearance date where we discussed this date took into account the schedules of the Alemond and Nyman. I explained that I had been present and prepared at every appearance and the prosecution had not. Therefore, I felt another continuance would prove unduly burdensome to myself and contrary to due process. I voiced my objection to granting the continuance.

Judge Kelley then asked Mr. Kelley if he had done everything in his power to ensure the appearance of Alemond and Nyman, to which he said yes. Judge Kelley then said that he agreed with me; that I had been present at every appearance and prepared to argue my motion. He said that another continuance for the State would prove unduly burdensome to me and he therefore DISMISSED ALL CHARGES.

So, what does this mean? Well, the police would have to been sworn in prior to their testimony for the hearing. The report and video contradict each other. The video, being the authoritative record of the events, would speak to perjury and fabrication of evidence as well as exculpate me of the charges while showing Alemond and Nyman engaged in a number of misdemeanors and felonies. Alemond and Nyman could NOT appear without jeopardizing themselves by way of the evidence on the record. Therefore, no witness, no case. I also do not believe the State could have prevailed with two obviously compromised witnesses.

What next? With the video in-hand I am looking for an attorney who will pursue civil action against the Alemond, Nyman, and the City of Fairview Heights. I have a number of criminal (misdemeanor and felony) charges that I will be working to have filed against Alemond and Nyman. There is still a lot of work to do, but I am unencumbered with any criminal charges which may tend to cast doubt over my claims against the police.

This whole situation speaks to a systemic problem with what is known as “law enforcement”. Police believe they are above the law, they are the law. We are a nuisance and should we transgress upon their particular sensibilities they may exact whatever justice they may see fit to summon and be indemnified from prosecution because of “departmental policy”. They believe themselves to be a superior class of person and we, the people, the rabble. This debate needs to take place in the public domain and illuminate the self-aggrandizing, megalomaniacal threat that is modern “law enforcement”.

This is my account of what transpired on Feb. 17, 2009

Excessive Use of Force by Fairview Heights, Ill. Police for a traffic stop on 2/17/09 on Highway 159 in St. Clair County, Illinois.

This is all courtesy of the arresting, and beating, “officer”, JOSHUAH M ALEMOND and AARON NYMAN

Statement of Mark McCoy (To the best of my recollection at the time after being beaten, Tasered, and suffering blows to the head)

I got off work at 2a.m. CDT on 2/17/2009. I departed my place of work and proceeded north on Highway 159. I proceeded through Swansea, IL, and then through Fairview Heights, IL. The speed limit from Swansea to Fairview Hts. is 45mph. I maintained my speed within that limit. When I reached Fairview Hts. the limit reduces to 35mph. I continued at that speed until I reached the intersection of Highway 159 and Rt. 50. where I stopped at a light for less than a minute. Looking into my rear view mirror, I noticed headlights approaching from the rear’ Before the vehicle could reach me the light turned green and I resumed my travels northbound on Hwy. 159. I noticed in my rear view mirror that the approaching vehicle turned east on Rt. 50 where a police light-bar was visible on the vehicle. It was a police cruiser.

I continued north on Hwy. 159 through Fairview Hts. and reached the last traffic control light before heading out of the City. This light is at an intersection that leads to a gas station to the right and a shopping plaza to the left. Just past that light is a facility known as “The Fountains”. Past that point it is nothing but 4 lanes of Hwy. 159 leading to Collinsville, Il.

As I reached the last traffic control light I noticed another vehicle approaching rather quickly.  I thought it might be just another person driving fast since a police car just turned west. I maintained my position in the left lane of northbound Hwy. 159, using my high-beams when possible and dimming when another vehicle approached. I proceeded north for about a half mile while noticing the vehicle I saw approaching quickly was now maintaining a distance behind me. I thought nothing of it in particular.

At a little more than a half-mile past the Fountains, that vehicle turned on emergency lights, flashing alternating red and blue. I believed I was about to be pulled over. Looking to the right, there is a very narrow shoulder. Hwy. 159 has no lighting. I looked for a place to stop, but did not consider the shoulder a viable option, especially with prolific video of cars striking other cars on the side of the road; often when stopped by police. I knew of a lighted street down the road since I travel this route 4 nights a week. I intended to stop on that road, Donald Baily Drive, a private driveway for the pipefitters union hall.

Up to this time, I had only seen flashing lights and heard no horn or siren. I was not able to discern any markings on the vehicle which would indicate it was an official police vehicle; nor could I identify the driver of the vehicle as a uniformed officer. I was over  three-quarters of a mile past the Fountains. I was approaching the lighted street and since seeing the flashing lights I reduced my speed by about 5 mph and activated my flashers in effort to acknowledge the signal and to avoid any misperception that I was attempting to flee or elude. At about this time I noticed a siren sound of “whoop whoop” emanating from the vehicle. It was only a short, reasonable time that I turned right onto the lighted way of Donald Bailey Drive, where I then pulled to the right and stopped.

Upon stopping, I rolled down my driver’s side window. I called my wife and had her on my Bluetooth speaker during the stop. I told her that I was being stopped and to stay on the phone if possible. The officer was shouting for me to “show my hands”. I placed both my hands outside the driver’s side window and shouted the question to the officer, “Am I under arrest?” The officer responded with “Exit the vehicle”. I responded again with “Am I under Arrest?” Another command, “Turn around and place your hands on your head. Walk backwards towards my voice”, I asked again, “Am I under arrest?” Another command, “On your knees and cross your ankles!” At this point I accepted the reality that I was under arrest since it now appeared that my freedom of movement was being restricted.

I complied with the last command and, with my back towards the officer, dropped to my knees and placed my hands behind my head and crossed my ankles. I sensed the officer approaching from the rear and expected to be cuffed. Instead, unexpectedly and suddenly I experienced a force pushing me towards the pavement. My natural reaction was to stiffen and maintain my balance since I believed possible injury was imminent without the use of my hands as they were restrained from behind. The unknown officer pushed my head forward and continuing to exert pressure upon my neck and head, causing great pain. It felt as if the weight of the officer was assigned to one knee which resided upon my neck and head. My face was directly upon the concrete road. I could feel my glasses give way and my lip split. Hoping that the worst was over I waited for the cuffs, but instead sensed what appeared to be a Taser placed against the base of my skull at the back. I could hear the “clack, clack, clack,… of the sparks and my neck experienced what felt like hundreds of bee stings. The sensation seemed to last forever, and I sensed no sign of letting up.

I began to fear I may be seriously injured or killed. In self-defense and desperation, I tried to reach back to knock his hand away. The officer pressed harder, both on my neck with his knee, and with the Taser. I resigned to accept whatever fate should this continue and after going limp I was cuffed and left to lie on the ground.

While on the ground, I could not see much and I believe other officer arrived during the beating; which later would be shown that there were actually two officers, only one of which I was initially aware. I soon found myself in the back seat of the patrol car, but the timeframe between being Tasered and moving to the car is fuzzy. I may have blacked out or become disoriented. I sat in the back seat and just bled for some time while other police arrived and went through my truck. My glasses were off and presumed broken so I could not discern much from where I was. It is all rather fuzzy at this point. The police attempted to ask me some questions, to which I replied since I was under arrest I would reserve any statements for counsel.

I was placed in the back of the cruiser and left for what seemed like about a half-hour. In that time I experienced an irregular heartbeat, shortness of breath, and difficulty swallowing. I believe possibly because of my neck muscles contracting from the shock and closing off my windpipe, but I’m not certain. The sensation subsided after about 10 or 15 mins, but reoccurred every so often for a minute or two. One of the patrolmen opened the driver-side rear door and asked me if I required medical attention. This was after about a half-hour of no inquiry. I requested medical attention. He asked if I wanted an ambulance at the scene or to wait for EMS at the station. I said I wanted an ambulance at the scene. The patrolman commented that my injuries appeared superficial and he would have EMS waiting at the station. He then slammed the door and walked away. There were two EMS personnel, at the station who did a cursory cleaning of debris from my facial wounds.

My wife arrived and sat on Hwy. 159 to observe from the side of Hwy. 159. I was eventually transported to Fairview Heights Police Station and processed.

The salient points of this store are; 1. I never identified myself or showed any identification. Who did this man believe he was beating and why would he feel this level of force is necessary? It appears to me that he preemptively ran my plates and discovered an outstanding “bench warrant”. I believe he was running plates with NO reasonable suspicion and looking for a warrant hit. There are SO many of these things out there that you can throw a rock at someone who has one for merely missing a court date, not completing the payment of a fine…… and most aren’t even seen or signed by a judge. After this man got a hit on a warrant he contrived “swerving” as reasonable suspicion. 2. I am essentially under arrest immediately for a traffic infraction, if there is no warrant component. Why, if the man was so afraid of me, did he not maintain a safe distance with his weapon and me in my truck while he called for backup? 3. Why did they pry a lock off my rear passenger-side storage compartment? The keys were on the ring with my ignition key. 3. Why kick a man to the ground from behind while he is on his knees and defenseless, as well as exhibiting no overt threat? 4. Why, when I asked if I am “under arrest”, did he not answer? A simple “yes” would have sufficed. 4. His statement to me, “If you would have pulled over when I lit you up this never would have happened.” This essentially says that “If you would have read my mind and pulled over when I thought you should you would not have suffered under punishment determined by me for transgressing my arbitrary and unannounced sensibilities.” 6. I was denied medical attention when requested. I was left alone, injured, with no inquiry as to my condition; especially after being Tasered in the back of the neck. 7. After receiving a copy of the report, I discovered there were two patrolmen on the scene when I was beaten and Tasered. Why such force when a man on his knees and hands on his head? 8. I was not informed of my rights at any time, nor was I afforded an opportunity to speak with counsel while in custody.

So, what do we have? Perjury for falsifying an “information” (ticket) in fabricating reasonable suspicion for the stop. Unlawful imprisonment for detaining me under color of law and with the threat of deadly force when the impetus for the stop was never lawful (fruit of the poison tree). Assault, battery, and cruel and unusual punishment for the injuries inflicted upon me for violating “his” law. Unlawful search and seizure. The tape from my recorder as well as the broken lock in my rear passenger compartment constitute a violation of the 4th Amendment protection from search without a warrant or probable cause. Nowhere in the stop for a bench warrant or improper lane usage did any probable cause of a “crime” arise. I was not apprised of my rights or afforded counsel. I was denied medical treatment.

I transcribed Alemond’s report for easier reading and for making notations. You are free to compare it with the PDF version to check for inaccuracies.

Report by Joshua Alemond:

On 02/17/09 at approximately 0211 hrs, I was traveling northbound on Hwy 159 in my marked patrol vehicle, when I observed a red Chevrolet pickup truck, bearing Illinois registration 69128L, traveling northbound in the innermost traffic lane, crossing over I-64. While behind the vehicle, I conducted a computer check of the vehicle’s registration, at which time it revealed it was registered to MARK MCCOYof 41 Grandview, Collinsville, Illinois, 62234. The vehicle was clear and valid, with an expiration of 03/3009. As I continued to follow the vehicle, I observed it begin to weave within its own traffic lane, going from the outer far line to the inner far dash line on several occasions. Believing the driver of the vehicle to be intoxicated, I activated my overhead lights in an attempt to conduct a vehicle stop. This was conducted on northbound Hwy 159, just north of the Fountains Parkway. The vehicle refused to stop and continued to travel northbound in the innermost traffic lane, keeping to the 45 mph speed limit. After the vehicle failed to stop for my overhead lights, I activated my siren and air horn on several occasions, in an effort to stop the vehicle, however; ignoring this, the vehicle continued to travel northbound. At one point the driver activated his bright headlights and applied his hazards as he changed from the innermost traffic lane to the outermost traffic lane. It should be noted that I could not see into the cab of the pickup truck due to the heavy window tint on the rear window. I informed FHPD dispatch of the vehicle’s license plate and that he was refusing to stop. I continued to follow the vehicle past Milburn School Road, and the entrance to the Stonewolf subdivision. The vehicle then made a sudden and aggressive right turn from Hwy 159 onto Donald Bailey Drive, a dead end private roadway to the Pipefitters Union Hall.

It should be noted that while following the vehicle for a mile and a half, I conducted a further computer check of the vehicle’s registration, discovering that one of the registered owners, that being MARK R. MCCOY, M/W, DOB: 08/11/59, was wanted through St. Clair County Sherriff’s department, per warrant number 06TR0058724.

As the vehicle made this sudden turn onto Donald Bailey Drive, it continued traveling forward for several feet coming to a sudden and abrupt stop. After the vehicle came to a stop, still not being able to see the interior or what the occupant or occupants were doing, and for my safety I initiated a felony vehicle stop. I drew my department issued weapon and ordered the driver of the vehicle to show me his hands. I repeated this command several times receiving the response from the driver after which he showed me his hands “Am I arrested?” I ordered the driver to exit the vehicle, keeping his hands raised, to which he eventually complied. I then had the driver walk, with his hands raised, backwards towards my vehicle. I then ordered the driver down on his knees. The driver continued to ask, “Am I under arrest?” I ordered the driver down on his knees, to cross his legs, to cross his ankles, and place his hands on top of his head. The driver initially refused every order I had given him forcing me to repeat my command. It should be noted that during the stop my commands were clear, concise, and in a loud voice. I observed the driver to be a middle aged male white.

Officer Aaron Nyman, DSN 171, responded to the scene to provide cover. I asked the driver if there was anyone else in the vehicle, to which he responded “No”. With Officer Nyman providing cover, I holstered my weapon and approached the subject. I began to lay the subject on the ground for the purpose of handcuffing, at which time he refused to give me his right hand. As he lay face down on the ground with his left hand behind his back, his right hand was lying under him near his waistband. The subject began to resist by pulling his right hand away from me; I ordered him on several occasions to place his hands behind his back, to which he ignored.

Seeing this resistance, Officer Nyman left his cover position and assisted while I struggled with the subject to place him in handcuffs. While attempting to place his hands behind his back and due to his uncooperative behavior, I struck the subject in the right side of his torso in an attempt to gain pain compliance. At this point, I was aware that Officer Nyman had initiated a dry stun to the subject with his department issued taser. The struggle continued for several seconds until Officer Nyman and I pinned the subject to the ground using our legs and body weight and successfully placed him in handcuffs. After being placed in handcuffs, the resistance ceased and the struggle stopped.

While Officer Nyman was securing the driver, I then cleared the interior of the pickup truck, finding no other occupants.

A search incident to arrest revealed no weapons or items of contraband. After picking him off the ground I observed that his face was bleeding. The subject had sustained minor abrasions and lacerations to his face and lip during the struggle. I also observed that the eyeglasses the subject had been wearing were broken and lying on the ground, along with a cell phone and Bluetooth earpiece. During the search incident to arrest, I was unable to find a driver’s license for the subject. Knowing that the vehicle’s registered owner, Mark R. McCoy, to be wanted I asked if he was this subject. The driver refused to answer, stating “I want counsel”. During this time he did ask what he was being arrested for, at which time Officer Nyman informed him Fleeing and Eluding as well as Resisting Arrest.

The driver was secured in the rear of my marked patrol vehicle. Sgt. Krummrich, DSN 141, was notified and responded to supervise the scene.

Officer Nyman and I conducted a search incident to arrest of the interior of the vehicle, finding no weapons or contraband. We did locate a laptop computer, two cell phones, an audio voice recorder, as well as three digital cameras, and a video recorder. Officer Nyman also located several anti-government and anti-police pamphlets and reading material.

When asked why he had refused to stop for my marked patrol vehicle, the subject stated that he was looking for a safe place to stop. It should be noted that this section of State Highway 159 is a four lane highway with a center turn lane and wide shoulder for both north and southbound traffic.

The subject requested medical attention, at which time he was informed that MedStar EMS ALS had been contacted and would respond to FHPD for treatment and evaluation.

While conducting a search of the interior of the vehicle, I located a US Passport, belonging to the registered owner and driver of the vehicle, that being MARK R. MCCOY, M/W, DOB: 08/11/59. FHPD dispatch confirmed the warrant through computer hit conformation as being active per warrant number 06TR0058724, bond amount $1,000, 10% applying.

McCoy was transported to the FHPD after being placed under arrest for his outstanding warrant, as well as Resisting a Peace Officer. He was issued Non-Traffic Complaint 1115419 for this charge. He was also issued Illinois Traffic Citations 1159154 for Improper Lane Usage, 1159155 for Fleeing/Attempting to Elude Police, 1159156 for No Valid Driver’s License and 1159157 for Operating an Uninsured Vehicle. Copies of the Citations are attached to this report. Upon arrival at the FHPD, McCoy was properly booked for the aforementioned charge.

Prior to his booking, MedStar EMS had arrived to treat McCoy’s minor injuries.

While still on the scene with McCoy’s vehicle, Officer Nyman prepared FHPD 112, this department’s Towed Vehicle Report. A copy of which was provided to McCoy. Walter’s Towing responded and towed the vehicle to their facility.

A check of McCoy’s criminal history indicated a total of two arrests with two convictions, including one charge with one conviction for Larceny, one charge with zero convictions for Forgery. McCoy’s last arrest was by the FHPD on 04/16/80.

Upon completion of all booking procedures of McCoy was released from FHPD custody after posting the required cash only bond. At this time, he was provided all his appropriate copies of the Towed Vehicle Report, Non-Traffic Complaint, as well as his Illinois Traffic Citations.

Items Discovered During Search Subsequent To Arrest

Item of note:
Per Aldemon’s report, page 5 of 6, he states, “Nyman also located several anti-government and anti-police pamphlets and reading material.
Here is a list of the reading material in my possession and where it was located:

Pursuant to the warrantless search incident to arrest, the inventory of my vehicle contained:

Healing Our World, The other piece of the puzzle by Dr. Mary J. Ruwart

Asset Protection Secrets,  by Arnold Goldstein J.D., LLM, Ph.D
DSC Power 832 Security System

Pioneer DEH-P7700MP Stereo

Under The Hood by TechOnline

Owners Manual – 1998 Chevy S-10

http://lawfulgov.org/justsayno.htm

http://en.wikipedia.org/wiki/The_Prince

http://en.wikipedia.org/wiki/State

Civil Liberties and the Bill of Rights, by Professor John E. Finn

Mother Earth News, Issue No. 228

www.whoismarkmccoy.com

American Juror, Newsletter of the Fully Informed Jury Association and the American Jury Institute, Volume 20, Issue 1 Spring 2008

The Philosopher’s Handbook, by Stanley Rosen “Essential Readings from Plato to Kant”

Philosophy for Dummies by Tom Morris, Ph.D.

The Declaration of Independence and the Constitution of the United States of America, autographed by 2004 Libertarian Presidential Candidate, Michael Badnarik

That’s it as far as “printed material” aside from some cell phone plan tri-folds and business cards.

Apparently, Alemon and Nyman have a distorted view of what constitutes “anti-government” and “anti-police”. Notwithstanding their hyperbolic and exaggerated interpretation of my reading material genre, it was in-fact police working for government who violated my rights, beat, and shocked me. Of course, to be accurate, it was ignorant, violent, oppressive, and lying men in costumes who used their delusional belief in being morally or lawfully superior to others by virtue of the color of their clothes, or possession of weapons which harmed me. Police and government are fictions, and possess no conscience. Alemon and Nyman, concordantly, are flesh who choose not to embrace their conscience, or have instead adopted despots as their external conscience.

Analysis of charges, in the order of they allegedly occurred.

Improper Lane Usage (Probable cause for the initial stop). The report states that, “As I continued to follow the vehicle, I observed it to begin to weave within its own traffic lane, going from the outer far line to the inner far dash line on several occasions. Believing the driver of the vehicle to be intoxicated, I activated my overhead lights in an attempt to conduct a vehicle stop.” The statute below at (a) states “…within a single lane…” which is what the report confirms, “…within its own traffic lane…”

(625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
Sec. 11-709. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply.
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into 3 lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices.
(c) Official traffic control devices may be erected directing specific traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. On multi-lane controlled access highways with 3 or more lanes in one direction or on any multi-laned highway with 2 or more lanes in one direction, the Department may designate lanes of traffic to be used by different types of motor vehicles. Drivers must obey lane designation signing except when it is necessary to use a different lane to make a turning maneuver.
(d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
(Source: P.A. 84-1311.)

Fleeing/attempting to elude.

(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204. Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction,increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction.
(c) A third or subsequent violation of this Section is a Class 4 felony.
(Source: P.A. 93-120, eff. 1-1-04.)

Resisting Peace Officer

(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee.
(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.
(Source: P.A. 95-801, eff. 1-1-09.)

 

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Meet Brendan Kelly's Replacement as Circuit Clerk, Mrs. Kahalah A. Dixon

Now, I have nothing personal against Mrs. Dixon. I have never met her nor had any dealings with her. I do have issues with the former Circuit Clerk, Brendan Kelly, because of the way he mishandled my criminal complaints against Fairview Heights Police. This post is merely a commentary on what I observed of Mrs. Dixon’s performance as Assistant State’s Attorney.

From the St. Clair County Circuit Clerk Website:

Mrs. Kahalah A. Dixon was appointed to the office of Circuit Clerk in January of 2011.  She is the daughter of the late former East. St. Louis Fire Chief Bruce Hill, Jr. and Mrs. Reola Hill.  Kahalah, a native of East St. Louis, attended elementary school at St. Joseph’s Catholic School in East St. Louis and Our Lady Queen of Peace in Belleville.  Kahalah attended Althoff Catholic High School as a freshman, and completed her high school education at East St. Louis Lincoln Senior High School, graduating 5th in her class.  Kahalah went on to attend the University of Illinois at Urbana-Champaign on academic scholarship.  She graduated from U of I on the Dean’s List with a degree in Pre-Law/Speech Communication.  Kahalah obtained her law degree from Indiana University School of Law – Indianapolis where she was a member of the prestigious Order of the Barristers.  While attending law school, Kahalah worked as an Education Coordinator for the Indianapolis Urban League co-piloting their premier education program to #1 in the country.  As a law student, Kahalah clerked for the Marion County Prosecutors Office, a boutique law firm in the area of labor and employment law, and she acquired the status of certified legal intern through the Indiana Supreme Court and participated in the Civil Practice Clinic representing economically challenged clients with their legal matters.  As an attorney, Kahalah was a full-time public defender with the Marion County Public Defenders Agency.  As a public defender, she tried cases from misdemeanors to felonies.  Kahalah also practiced in the private sector primarily in the area of family law.

Prior to being appointed Circuit Clerk, Kahalah was an Assistant State’s Attorney with the St. Clair County State’s Attorneys Office.  As an Assistant State’s Attorney, Kahalah tried traffic, misdemeanor, and felony cases.  Kahalah lives in Fairview Heights with her family and has a son, Anthony Dixon III by her late husband, Anthony Dixon, Jr.

Now, here is where I take issue with Mrs. Dixon. I accompanied my brother to court where he had requested a bench trial and was on the docket for same, to be presided by Judge Vincent Lopinot. I touch on the details of the experience here.

What I observed in the courtroom that day evidenced either incompetence, ignorance, or deceit. My brother argued jurisdiction in a previous appearance where Mrs. Dixon represented the State and her only response was, “Did the offense occur in St. Clair County? Well then we have jurisdiction.” My brother was arguing lack of jurisdiction for probable cause and a properly filed and verified complaint, both of which were lacking. Mrs. Dixon could only focus on the situs of the offense, which to her must be her only comprehension of “jurisdiction”. When Judge Lopinot began to commence the bench trial, Mrs. Dixon was not prepared to proceed since her witnesses, the police, were not present. My brother argued that since he appeared ready for trial and the State was not prepared, the charges should be dismissed. Mrs. Dixon argued that a date set for bench trial isn’t really a date set for bench trial, and therefore entitled to a continuance in order to get her witnesses for another appearance on a future date. Fortunately, Judge Lopinot disagreed with Mrs. Dixon and dismissed the charges.

I can’t say whether I’ll have any dealings with Mrs. Dixon, aside from any exception to this post should she see it, but I am curious whether she will continue with the misfeasance of Brendan Kelly in taking jury demand fees when they were not necessary. I will keep my eye on her since I have more visits scheduled to the Circuit Clerk’s office to address numerous issues, such as failing to accurately reflect the proper record of a court’s proceedings.

Given what I’ve witnessed so far, I have little confidence in Ms. Dixon.

Letter to the Editor March 6, 2011

Letter from March 6, 2011

This is a follow-up to my February 23, 2011 letter where I made public accusations against government officials and employees and voiced my support for a revolt against abusive government.

Resistance is right

In a recent letter I made accusations against government officials and employees and voiced my support for a revolt against abusive government.

Do I advocate violence? Do I advocate destruction of property? No. That requires my energy and government is not worthy of it. Government is like a body, a body politic. Why lower myself to using its methodology, which is violence? One by one, and together, by refusing to support or consent to it we weaken it, and like a malnourished body it will wither and die.

I have refused to further support or obey this insane Leviathan. It is immoral, violent and unjust. I want no part of it.

The only threat I pose is that of disobedience to authority not of my doing.

I am saying what many others believe, but are afraid. This is not law, or justice, or even government. It is a system of fraud, abuse and violence.

If they want to prosecute me, all the evidence they need is at http://www.markmccoy.com. I plead guilty to all of it. If peace is my crime, then my conscience is a conspirator.

As Thoreau would say, overwhelm the machine with friction. Right and wrong does not flow from government. Do what is right, not what you’re told.

Mark McCoy

Collinsville