3/9/2010: NOT GUILTY!!!
Judge dismisses all charges!
I will post more details in the following days — Today I simply want to thank everyone for their support these past 20 months!
3/4/2010: New Motions Ruling by the Court Increases Optimism About A Favorable Outcome At Trial
3/3/2010: Trial Begins March 8th at 1 PM: Please Join us in the court room to watch this historic case on Monday!
Breaking News (2/22/2010): Judge’s Motion Ruling Finds Deputy + Social Service Workers Committed 3rd Degree Criminal Trespassing => But That’s OK! They are “state actors”
Update 2-21-2009: How is it Possible that the employees of Adams County, Colorado are able to IGNORE the Colorado Constitution?
Update 2-19-2010: Venting some stress and thinking through the next few weeks.
I Have Created a New “Free” Trial Count Down Clock Application that you may download and use to track progress of this case through the Adams County, CO Justice System.
1-29-2010
Last modified on 2010-02-01 02:01:24 GMT. 0 comments. Top.
Motions Hearing:
A New Deputy District Attorney has been assigned to prosecute the case against me: Miss. Toni Wehman. Help us learn more about the professional background of Miss. Wehman and prepare for trial.
As strange as this may sound the Motions Hearing was interesting (Of course, it would have been a lot more interesting if my future was not on the line).
Today we had a chance to question the three main witnesses against me (Deputy Sheriff and Two Social Services Case Workers) to form the foundation for our motions. This provided the opportunity to gain insight into who the D.A. will prosecute the case and the flavor of the testimony by each witness.
All three witnesses agree on two key points:
- I never verbally threatened them
- I never pointed the gun at anyone (I simply held the gun)
All three witnesses also made statements to explain their desire to “surprise my family and I” with their visit. All three witnesses agreed that they saw me with the gun yet continued to drive up our driveway.
As I have stated elsewhere on this web site the Governments case is simple that if government employees visit you, on your property, and they see you standing on your own property holding a gun, they may approach you and then claim that you have violated felony laws because when they approached you and became close enough they felt fear for their lives.
I do realize how ridiculous the governments argument sounds — They could not possibly believe they could get away with this argument, could they? — There argument is more dismissive of natural rights… according the to Social Service workers “Keep Out” signs to not apply to them. According to the Deputy District Attorney there really is no such thing as private property and hence the Sheriff and the Social Service Workers are free to come upon our property, attempt to surprise us and question us as they see fit without any real evidence of a crime, or harm to anyone.
The witnesses all agreed that the Social Service workers approached us in their un-marked car with the Sheriff Deputy trailing. The Deputies purpose was to protect the Social Service Workers — i.e. acting as a private security force for the Social Service workers.
No Rulings were made by the court today, the Judge is taking the information as well as oral arguments under advisement and will create his rulings in the near future.
This is the short overview: I will take some time this weekend and write-up further observations.
Dave
Feels Like A Police State
New Update: New Pessimism
Last modified on 2009-11-13 21:48:09 GMT. 0 comments. Top.
Court Dates Have Changed
Maybe I have the “Friday the 13th Blues” but the more I learn about the “Justice System” the more inclined I am to believe that the fundamental concept of Justice has been lost in Adams County, Colorado (and probably across this once great Nation).
Update:
August 19,2009
Last modified on 2009-09-19 20:21:22 GMT. 0 comments. Top.
Attorney: Terry O’Malley
I hired a new attorney after an exhausting search and interview process. A few of the attorneys I interviewed has essentially the same stellar background the deciding factor was “commitment to justice”. Mr. O’Malley was outraged over the abuse of power leading to my arrest and while he (nor any other attorney) is able to guarantee a specific outcome at trial his passion is well aligned my best interests.
The other critical aspect in the selection process was work ethic. I know this sounds a bit odd but my prior experience has taught me that the best attorney on the planet isn’t worth a hoot if he isn’t spending the time on my case.
New Court Dates:
- November 13th, 2009 (9:00 AM): Motions Hearing
- Dec 9th, 2009 (8:30 AM) : Trial readiness Hearing
- Dec 14th, 2009 : Trial Begins (9:00 AM)
I would tremendously appreciate your support if you are able to come to the Trial on December 14th, 2009
Thank You For Sharing The News!
I Suggest Starting with the Police Report (Click Here).
Now Look At The Felony Charges I Face (Click Here).
An Overview:
Last modified on 2009-09-19 20:35:01 GMT. 1 comment. Top.
Howdy,
My name is Dave Brady. About a year ago, on July 10th, 2008 I ran into some trouble when the Adams County Sheriff and the Adams County Social Services departments decided to pay my family a surprise visit. On July 11th, 2008 I was arrested and charged with one count of felony assault on a police officer and two county of felony menacing on the two social services case workers. Why? I was standing in my rural driveway holding my shotgun when they drove down our one quarter mile long driveway. I never pointed my gun at anyone, I never threatened anyone. Apparently, if officials of the county come onto your property the Colorado Constitution (Article II, Sections 3 & 13) have no value or meaning.
More details of this encounter may be found on my web site: The Original RuralJustice.com website.
If you want to know what led up to this encounter visit click here.
The critical point that our rural community should focus on is not my specific case but rather the strategy used by the Adams County Officials to circumvent our natural rights. In essence, you have no right to self defense, to private property, to keep and bear arms if this strategy is successful. While the Colorado Constitution clearly defines our natural rights (Article II, Section 3) and our right to keep and bear arms in the protection of ourselves, our homes and our property (Article II, Section 13) our county officials have found a clever end-around these natural protections: They charge you with felonies!
In the simplest terms possible:
If you are on your own property carrying a gun and some County Official advances onto your property, sees that you are holding a gun and decided to continue their advancement on your position until they have put themselves in fear for their own lives; you will be charged with Felony menacing at a minimum.
Of course my situation is actually worse: The Social Services case workers knew I owned firearms before they ever entered our property (their statements in the police report confirm this), They saw me standing with my gun as they approached (again, their statements in the police report confirm this), The were intentionally attempting to surprise us with their visit (again, confirmed by their statements in the police report), The driver of the social services vehicle, the lead vehicle down our driveway, considered running me over (police report statements) and they continued to advance on my position, while I did not move. (Note: As soon as I have time I will get these additional documents scanned in, redacted for names, addresses and phone numbers)
Yet, I was charged and face a mandatory minimum sentence of 10 years in prison. Allow me to reemphasize that I never pointed my gun at anyone and I never issued any verbal threats. I kept saying the same thing over and over: “You are trespassing, leave”.
I never spoke with the social services case workers, I directed all of my communication to the Sheriff’s Deputy. The first question I asked him when he leaned out of his truck behind his opened door was if he had a warrant. He replied: “No” and then I stuck with the “You are trespassing, leave” statement to any conversation he attempted to engage me in.
The last thing the Deputy asked me before leaving was if they could pull forward, closer to my wife, kids and I, to turn around. I said: “No, back-up”. First, there was no room to turn around if they did pull forward. Second, I did not want them any closer to us then they already were as I was afraid that I or my wife would be shot with the smallest appearance of a provocation at that point. In fact, as soon as the Deputy started backing up I moved at right angles to the driveway to put myself in a field and increase the distance between myself and their vehicles.
If you don’t think this could happen to you, you should read this again. This could happen to anyone who lives in a rural community in Colorado although I believe they would think twice before making these charges in counties where the population is dominated by rural homes.
Like most rural people we own guns for our protection, protection against coyotes, protection against rattle snakes and protection against those who are set on doing us harm. We live out in the middle of no-where, the minimum response time if you call 911 and ask for police assistance is 15 minutes and the response time is more likely to be in the range of 20 minutes to a half hour. If you are attacked on your property out here by any hooligans you are likely to be dead before the police arrive. In fact, some neighbors of ours (a close neighbor, a mile or two down the road) were brutally murdered in their own home over this past year. Violent crime is not unknown in our community. We own guns and we know how to use those guns…. and before you get in an uproar about how dangerous guns are around kids keep two things in mind:
- Adams County; through the 4-H program, taught our children how to shoot as well as basic firearms safety
- We keep our guns in safe locations at all times well out of the reach & temptation of our children
- Our children have been instructed by us as well as the 4-H instructors concerning the dangers associated with firearms
We have other dangers on our rural property: A tractor could be dangerous, the kids go-carts and dirt bikes could be dangerous, a stampeding horse or steer may be dangerous…. life is not safe but when you are prepared and educated you know how to deal with potential dangers. I believe the same think could be said for life in the suburbs or the cities… Y’all know to look twice before crossing your busy streets, you avoid high crime areas… the dangers are there but the dangers are different and we all learn to deal with our environments the best we are able.
I decided to create this website to make it easier for friends, family, community and other interested persons to easily keep up with the events of this “adventure” 
Please come back often and check on our progress.
Peace & Keep the Faith,
Video: What Happened?
Last modified on 2009-07-25 08:42:56 GMT. 0 comments. Top.
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Video: Our Driveway
Last modified on 2009-07-27 04:28:06 GMT. 1 comment. Top.
We need your support!
Last modified on 2009-07-28 18:15:09 GMT. 0 comments. Top.
Folks,
This is how the system works: The State collects taxes from each one of us and then uses those combined resources to attack us one at a time. We are funding our own oppression.
While I would never advocate that we stop feeding the beast, the only way we may hold central power in check is to hold fast against the assaults upon our inalienable rights by banding together with focused purpose.
The legal costs for protecting oneself again the felony charges before me have nearly bankrupted our family. I know that that times are difficult for all and that we all face significant financial pressures at the moment. Our only hope is that “Many hands make light work”.
Please, find a few dollars to donate to our legal defense fund so that we prevail against these attacks on our fundamental rights. $5, $10, $25 — any amount would be greatly appreciated and ALL FUNDS will be used for the legal defense fund ONLY.
I will honestly tell you that we would much rather not ask for any assistance. However, without your support fueling our defense against these malicious charges we will certainly fail!
You may contact Dave Brady through Email if you would prefer to send a check directly. We have attempted to make donations as simple as possible and we have constructed an on-line donation process through PayPal that will accept your credit cards:
I know that with your assistance we will at least have a chance to enlighten our brother and sisters who serve The People through their County employment. These folks most likely followed a noble dream into their positions as public servants and have lost the path or possibly forgotten the oath they swore to preserve and protect both the People and Constitutions of Colorado and and United States. These County Officials are our brothers and sisters, they are members of our community and families and we need to reach out to them through education. One form of educations is fighting them in the court system and prevailing upon their consciousness that the rule of law applies to everyone in a civilized society, the the misappropriation of power to harm one of us, harms all of us.
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