So on Saturday September 22nd, 2018 I was in my semi truck traveling from Winona, Minnesota to Pittsburg, PA. While passing through the south side of Chicago on I294 I came up to a complete traffic stop. There was a semi tanker rolled over blocking all 4 lanes of the freeway a few miles ahead of me. To avoid rear ending the flatbed in front of me I moved over on the get-on ramp (from I-80) and was sitting stopped beside him when a black Mercedes attempted to pass between the two of us. When he couldn't make it he stopped his car with the passenger front corner of the car UNDER MY TRAILER. He then proceeded to exit his vehicle, run up to my truck and punch the side of it. I was sitting there with my my windows down at the time. When he punched the side of my sleeper I reached behind me and grabbed my pistol and placed it in my lap. I was scared as this dude's arms where bigger than my freaking legs. He then proceeded to climb on the side of my truck. When his head got up to my window, fearing he was going to attack me I raised the HOLSTERED GUN (with safety on) to scare him away.
As soon as he stepped off my truck I proceeded to return the gun to the sleeper where I keep it. In my rattled and shaken state I forgot I had not put the truck in park and took my foot off the brake while doing so. The truck had entered CREEP MODE (it is an automatic) since I had been sitting there so long with my foot on the brake so I never noticed it moving until I had finished putting the gun up and looked out my driver side mirror to notice the tail end of my trailer shoving his car to the side. By the time I noticed and could react all the damage was done so I pulled on to the shoulder and called the State Patrol and reported the entire incident. I then exited my vehicle standing in front of it (with the gun still in the sleeper) and waited for the police. This incident began around 11:20 AM. Police where called and dispatched at 11:28 AM arriving on scene within about 10 minutes.
After talking with the police for about 20 minutes or so they, without warning, placed me under arrest. Around noon I believed. They detained me for some 5 hours on the side of the interstate before transporting me to a Toll Road Sub-Station to process me before carting me off to jail. It wasn't until about 5 and a half hours into my arrest that they finally red me my rights.
I was then transported from the local jail in Markum, Illinois to the main jail in Chicago the following morning for my Pre-Trail Bond Hearing. I finally got in front of the judge around 5 pm Sunday and was given a 10,000 USD bond with no chance to speak. She prohibited me from leaving Illinois and put a Protection Order against me to keep me from going near the person who attacked me. In court they made it sound like I was standing in the freeway waving the damn gun around threatening people, which NEVER HAPPENED.
My boss was in court and paid my bond within a few minutes, but I wasn't released until almost 11:30 PM Sunday night then had to catch a cab to my hotel (boss had gotten me a hotel and when he got the truck out of impound had put my phone, cigarettes and wallet in the motel room.
I have to go to court again tomorrow in Markum, Illinois for a Pre-Trial Hearing where I will enter a plea if the judge doesn't let me say anything in my defense first. I am going to attempt to have the charges dismissed tomorrow or at the very least have my bond amended so I can leave the state and return to work (driving a semi truck).
Depending on the outcome of court tomorrow I will either begin searching for a really good Gun Rights Advocate Attorney or I will be free and clear. I am just hoping the judge I see tomorrow lets me say what happened and doesn't just instantly revoke my bond and place me back in jail.
So if I do not post a follow up post tomorrow then everyone start calling the Markum Police Department, Markum Court and Illinois State Senator for the Chicago area. Oh and call any good lawyers you know in Chicago.
PLEASE PLEASE PLEASE don't let me get rail-roaded for defending my self!
PS - They charged me with FELONY ASSAULT with UNAUTHORIZED USE OF A WEAPON in case anyone was wondering!
PSS - Been doing some research tonight and I am taking this information with me to court tomorrow, printed out....along with photo's of the damage to the side of my truck where he punched it.
The United States Constitution
2nd Amendment:
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.
14th Amendment:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Supreme Court Cases
Dred Scott v. Sandford, 60 U.S. 393, 416-17, 449-51 (1857)
Nor can Congress deny to the people the right to keep and bear arms
District of Columbia v. Heller, 554 U.S. 570 (2008)
is a landmark case in which the Supreme Court of the United States held that the Second Amendment protects an individual's right to possess a firearm, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home.
United States v. Miller, 307 U.S. 174 (1939)
An indictment in the District Court Western District Arkansas, charged that Jack Miller and Frank Layton "did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length [contrary to the National Firearms Act] . . . ."
A duly interposed demurrer alleged: The National Firearms Act is not a revenue measure but an attempt to usurp police power reserved to the States, and is therefore unconstitutional. Also, it offends the inhibition of the Second Amendment to the Constitution -- "A well regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed." The District Court held that section eleven of the Act violates the Second Amendment. It accordingly sustained the demurrer and quashed the indictment.
MCDONALD ET AL. v. CITY OF CHICAGO, ILLINOIS,
ET AL. (2009)
(d) The Fourteenth Amendment makes the Second Amendment
right to keep and bear arms fully applicable to the States. Pp. 19–33.
Update 9/25/2018
So turns out today was nothing but another bond hearing and the judge wouldn't let me speak or get a Travel Order so I can go back to work Over-The-Road. Thankfully my boss is going to run me ILLINOIS ONLY until my PreTrial Court Date on October 15th @ 9 AM CST. Hopefully then I will finally get to speak and get this shit thrown out of court.
Update 2:
Launched a Fundraiser Campaign on FundedJustice.com here: http://fnd.us/d1PEid?ref=sh_87ZRoc to try and raise the $3500 the lawyer wants to represent me in this case.
