Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Vancouver Veteran Arrested And Charged For Legally Open Carrying AR-15

Discussion in 'Legal & Political Archive' started by erudne, Jul 4, 2013.

  1. erudne

    erudne The Pie Matrix PPL Say Sleeping W/Your Rifle Is A bad Thing? Bronze Supporter

    Messages:
    6,279
    Likes Received:
    6,918
    Veteran Arrested And Charged For Legally Open Carrying AR-15



    Numerous other open carry cases have resulted in settlements by the police departments involved. Open carry is well settled law in Washington. Particularly bothersome is the confiscation of the cell phone. This is a police state tactic. A federal appeals court has ruled that it is a First Amendment right to record police officers in the public performance of their duties. From Political Buzz at Examiner .com:


    A decorated Air Force veteran pleaded not guilty this morning to a charge of “trespassing with a weapon capable of producing bodily harm,” after being arrested by police in Vancouver, Washington, for legally open carrying an AR-15 rifle.

    Last Saturday, Mack Worley, eager to exercise his second amendment, open carried his rifle while grabbing a soda and viewing a fireworks stand before attempting to walk back to his car.

    “No one had said anything negative to me. A few people came up to me and asked a few questions about what I was doing and I just explained that I was asserting my second amendment right. I was explaining to people that it’s not against the law or a crime to open carry a firearm,” said Worley.

    While walking on a public sidewalk toward his vehicle, Worley noticed an officer waiting down the street in a police car. Worley, assuming the police wanted to speak with him, continued walking down the sidewalk.

    “As I started walking to them, I hear on a loudspeaker to my left a police officer telling me to put my hands up,” said Worley.

    Worley then noticed as many as seven police officers pointing their guns at him, demanding he remove his firearm. Police also ordered Worley to turn off his cell phone which was recording the incident which Worley refused.

    Worley then asserted his fourth amendment right by informing the officers that he did not consent to any searches or seizures of his property.

    As police moved in closer, Worley, now fearing for his safety, made the decision to remove his firearm despite the police having no legal justification to demand he do so.

    “I asked the officer if was being detained, he said no. I asked him if I had broken any laws, he said no. I asked him if he suspected me of committing a crime, he said no,” said Worley.

    In order for an officer to detain and hold an individual, they must have probable cause to believe the individual has or is in the process of committing a crime, which open carrying is not.

    Although the officers admittedly had no right to keep Worley at the scene, officers illegally detained him, claiming they needed to “check his firearm to make sure it wasn’t stolen,” despite the seizure of the firearm being illegal to begin with.

    Officers then removed all of Worley’s ammunition and threw it on the grass. Worley again demanded to know if he was being detained to which officers again claimed he wasn’t.

    The officers finally let Worley go on his way, or so he thought. After Worley collected his scattered ammunition and started to walk towards his vehicle, officers began demanding he go the other way.

    Worley then walked back onto the public sidewalk where an officer blared commands over his loudspeaker, telling Worley he would be arrested for trespassing if he did not leave.

    Worley then walked towards the only direction he could, the complete opposite direction of his vehicle. The officers immediately swarmed Worley, ordered him to the ground and placed him in handcuffs. Police are claiming that Worley refused to leave.

    Another officer immediately grabbed Worley’s phone, which had been recording the entire incident.

    “I look over my shoulder and Officer Hernandez is on my phone doing something… I don’t know if she was deleting my recording or not. I don’t have my phone to this point, they took it as evidence against me.”
    Once Worley arrived at the police station, officers then demanded he submit to a breathalyzer test or be put in a drunk tank despite having no evidence of Worley drinking.

    Worley refused and says he was then denied a phone call, an attorney, water and his inhaler, which Worley is required to use twice a day. After being locked up for roughly four and a half hours, Worley was later bailed out by his wife, who had been searching for him throughout the evening.
    Worley has now set up a legal defense fund and plans to file a civil suit against the department if financially able.

    “This obviously isn’t just for me, it’s for everyone’s rights. If they can do this to me, they can do this to anyone,” said Worley.
    Just last April, a decorated war veteran was arrested while on a Boy Scout hike with his 15-year-old son in Texas, after an officer claimed he was “rudely displaying” his firearm, yet another incident where untrained police were unable to legally handle an open carry encounter.

    If you would like to donate to Worley’s defense fund you can visit his facebook page at https://www.facebook.com/onthemoveshow
     
  2. PDXoriginal

    PDXoriginal PNW Well-Known Member

    Messages:
    457
    Likes Received:
    448
    Incidents like this is why people refer to LEOs as filthy pigs and discredits the the LE institution.

    Uphold the law, not abuse it.
     
    YukonPedro, Redcap, Squidly and 3 others like this.
  3. duane black

    duane black Washington Well-Known Member

    Messages:
    849
    Likes Received:
    411
    Saw this on the news, thought he was asked by a security guard to leave big Als and was trespassed because he didn't ( or not fast enough ). Was wondering if he was a member here. This event occurred in my neighborhood.

    Looks like the news report was more than a little off based on his side of the story.
     
  4. OpenCarryVancouver

    OpenCarryVancouver Vancouver, Washington, United States New Member

    Messages:
    10
    Likes Received:
    4
    I did the videos for Mack after the officers took his camera and, thus, the evidence.

    KATU 2 requested an interview from him on Monday, which was the day of his first court appearance. They showed up at the courthouse and interviewed both Mack and myself.

    Stupidly, we both believed they would get the word out about this injustice. That was not the case.

    They totally lied about what happened. They said there was a panic, the fireworks stand locked down, he was asked to leave Big Al's and refused. None of that was true. He didn't even go into Big Al's. He was out there a full 30 minutes without incident until the cops spotted him.

    They totally twisted everything and, as I said, outright lied, to further their anti-gun agenda and take the focus off the cops and place it on Mack, who did nothing illegal.

    I felt physically ill after seeing what KATU 2 did to this poor guy. They didn't use any of my interview, thank God.

    As a side not, I've let the mainstream media know that they are not welcome at any of the "Packin' Heat Meet & Greet" open carry events. I refuse to tolerate that sort of crap.

    If any of you have not seen the videos, here is the playlist. Part 1, part 2, his day in court and a follow-up so far.

    Open Carry Harassment of Mack Worley - YouTube

    Regards,

    Tony Thomas
     
  5. jimwsea

    jimwsea Vancouver, Washington state Active Member

    Messages:
    897
    Likes Received:
    223
    Can KATU be sued for slander or defamation of character, or do these clowns have a free pass whenever they inaccurately report or distort the truth?
     
  6. OpenCarryVancouver

    OpenCarryVancouver Vancouver, Washington, United States New Member

    Messages:
    10
    Likes Received:
    4
    Isn't that the sort of thing the media, around the country, is in the business of doing? Distorting the truth to further whatever agenda they have going at the time?
     
  7. U201491

    U201491 Well-Known Member

    Messages:
    9,857
    Likes Received:
    10,560
    The media will come across as though they are really interested, all the while rewriting to the far liberal side while they talk to you. I have seen dozens of various interviews and they did exactly that in every single one of them. There is no more truth in MSM at any level.
    THAT IS JUST FACT. Don't ever trust them period.
     
  8. coastal steelheader

    coastal steelheader Aberdeen Well-Known Member

    Messages:
    836
    Likes Received:
    704
    You probably could, but it's going to take a lot of money and go through a lot of appeals. If you win they will make an apology at 3am Tuesday in between infomercials.
     
  9. 44mag2ndamend

    44mag2ndamend Round the ole tree stump, Down by the crick Well-Known Member

    Messages:
    790
    Likes Received:
    455
    It is know that a lie spoken loud enough and long enough will become truth, at least for a certain length of time. Just look at Hitlers old propaganda speechs'.

    Where do I donate to his defense fund? This needs to be fought out in court.
     
    Will_Power and (deleted member) like this.
  10. Rotty

    Rotty Skagit County Active Member

    Messages:
    513
    Likes Received:
    221
    Sounds to me that a young inexperienced white boy who could have easily fit the stereo typical shooter profile stepped on his tool. Now instead of making a stand for our 2nd Amendent rights we all have to fight even harder to keep them. Gee thanks.

    Now he is crying foul when the news media is not reporting the incident according to his story. I am all for open carry but when most mass shootings that have occurred were committed by stupid arse white boys he wonders why the media is not on his side. Uhhhh hello DUHHHH. There is is no news in responsible gun ownership. The media gets good ratings on idiots who are not smart enough to think things through from start to finish. Hmmm walking around with an AR strapped to his back and recording a video when challenged by the authorities. That screams "I want attention". Well Buddy you got it and now you are crying foul and I need money for an attorney. If you were thinking ahead of time you would have had some kind of insurance to begin with.

    I carry concealed for a reason. The only person who knows I carry concealed is my wife. I don't want the attention and should there come a day when the spot light is on me I am prepared for it.

    If you don't know how to play the game then do not pick a fight. You Tube is not going to hold up in court.

    Your luck is only as deep as your pockets.
     
    Scott, Kevatc, YukonPedro and 5 others like this.
  11. 44mag2ndamend

    44mag2ndamend Round the ole tree stump, Down by the crick Well-Known Member

    Messages:
    790
    Likes Received:
    455
    True, unfortunately. I do believe without legal defense the courthouse, authorities will make a mockery of this incident and that young man, News stations probably will too.
     
  12. U201491

    U201491 Well-Known Member

    Messages:
    9,857
    Likes Received:
    10,560
    My whole thought process is, the guy is a fool. You don't feed the dragon gasoline.
    That is exactly what he did.
    It makes all our work to preserve the 2nd harder. You may think he is in the right, as I am sure he was, but I don't give a damn. This climate is not friendly to pushing OC issues and you will pay the price, even though wrong. Then everyone else has to run around covering his azz.
    Anyone that doesn't believe me just OC and don't whine when you get some trumped up charge laid on you.
    I believe we should not need CHL to carry, but the left has people cowering in the shadows at the sight of guns and it angers me. But until it can be turned around, don't hand feed a mad dog.
     
  13. Scott

    Scott Battle Ground Well-Known Member

    Messages:
    2,021
    Likes Received:
    154
    I don't get it, this all could have been avoided if he did not try to prove a point......

    Why in the hell do you have to walk around with a rifle in the public streets filled lots of people.

    Seriously, is it that necessary? What point did he make? That he is an idiot.

    Just think he could of got his fireworks and went back to his car and went home.

    But no, I have 2 bring an AR strapped to my back to buy fireworks and to my surprise police show up. So would of thought.

    My God, should have put a silencer on to and that would have been more dramatic....

    Is it worth it? He'll find out but hell no.

    I love this and to bad he did not have a 40 in the other.

    Sent from my Nexus 7 using Xparent Red Tapatalk 2
     
    YukonPedro and (deleted member) like this.
  14. Scott

    Scott Battle Ground Well-Known Member

    Messages:
    2,021
    Likes Received:
    154
    should have been wearing shorts as well and wearing an ankle holster with a revolver as well. Plus have an bayonet on the rifle to.........
     
  15. jimwsea

    jimwsea Vancouver, Washington state Active Member

    Messages:
    897
    Likes Received:
    223
    Possibly start going after individuals on their personal responsibilities, not their corporations or departments. Then see if their handlers will support them?
     
  16. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

    Messages:
    1,880
    Likes Received:
    2,621
    The other lesson here...

    Talking to cops? Maybe. Talking to the press? ONLY if one of their members is the LAST other person on Earth and it's a matter of repopulating the species, other than that it's "Go [redacted] yourself, your whole extended family and the herd of animals you all rode in on".

    --DB
    speaking AS a recovering journalist
     
  17. Outrider

    Outrider Oregon Active Member

    Messages:
    363
    Likes Received:
    153
    It’s unfortunate that the “open carry” crowd only sees one path to push their agenda. They do not realize that strapping on a firearm to make their point is counterproductive. It takes away their ability to frame the debate in the media. Instead of reporting on a demonstration or political movement, the media gets to report about an "armed man" getting arrested.

    Sadly, many gun rights proponents cannot see the larger picture. It’s not about sticking it to the anti-gun crowd. It’s about trying to gain support of the people who are in the middle and who have not really committed one way or the other yet. We are not going to persuade people to join our side if we’re consumed with brandishing firearms and scaring them.
     
    Rotty, Provincial, YukonPedro and 3 others like this.