Tuesday, November 26, 2019

Jayme Moore, of Shelby Co. Sheriff's Department, makes laughable assertions about the felony assault from Mike McGarity, our "Neighbor From Hell"

Mike McGarity
Sgt. Jayme Moore was the second stop on my law-enforcement runaround in Shelby County, AL. Like his underling, Dep. Lee Stockman, Moore was convinced -- no matter what the written law says -- that I was not the victim of a felony assault by our criminally inclined Alabama neighbor Mike McGarity.

Moore's efforts at a cover-up took a little different approach from Stockman's. And they even included comedic moments. that almost made me laugh out loud. But the results were the same -- he got the law wrong and referred me to someone else up the ladder.

The main difference with Moore was that he claimed the roadside sign McGarity used to strike me in the back -- near my spine and just inches below my neck -- was neither a "deadly weapon" nor a "dangerous instrument." To make our conversation even more enlightening, Moore kept mixing up those two terms -- as if they are interchangeable and mean the same thing.

In fact, they are very different. Even I acknowledge that the sign did not constitute a "deadly weapon," and I did not suffer a "serious physical injury" -- so it could not have been a first-degree assault, which is a Class B felony, punishable by two to 20 years in prison and a fine up to $30,000.

But McGarity's offense did involve a "dangerous instrument," based on how it was used (swung with two hands, as hard as he could, right at my spine), and it resulted in "physical injury." That makes it a second-degree assault, which is a Class C felony, punishable by one to 10 years in prison and a fine up to $15,000.

Let's take a look at portions of my conversation with Sgt. Moore. (A video, with the full conversation, is embedded at the end of this post.):

Jayme Moore (JM): To qualify for felony assault, it has to be a serious physical injury by means of a deadly instrument, and it's not going to fall into either one of those provisions. A for-sale sign does not qualify as a dangerous instrument.

Roger Shuler (RS): It was swung like a baseball bat, with two hands.
From the outset, Moore mixed up the terms "deadly instrument" (it's actually "deadly weapon") and "dangerous instrument" -- a sure sign he had no clue what he was talking about. But that didn't keep him from talking:

RS: Before I did anything, I went to the law library and read the entire section on assault. I've got a copy of it. The clear authority is . . . assault second degree, under item No. 2.

JM: On assault 2nd, if it causes physical injury, it has to be by means of a deadly weapon or dangerous instrument, and a for-sale sign is not going to qualify.

RS: Yes, it is. I've got case law that says something as small as a pencil, depending on how it's used . . . He swung it like a baseball bat and hit me in the middle of the back with it. This is a sign that is 3 ft x 2 ft, made of wood and plastic. The law says any substance can be a dangerous instrument, depending on how it's used. This was used to hit me in the middle of my back, swung like a baseball bat by a grown man, using the term 'man' loosely.

I've got case law in Shelby County, Burger v. State, where a Pelham police officer was kicked in the shins by a woman and it was classified as second degree.

One problem here: Everybody agrees it's assault, everybody agrees it's not first-degree assault. But it's also not third, because No. 3 under that, if it involves a dangerous instrument, you must have criminal negligence. And this is not a case of him swinging a sign around crazily, and I happen to run into it. It wasn't negligence.

At this point, the conversation with Sgt. Moore started going off the rails, with things turning in a nutty, goofy direction:

JM: Under assault second, that is intended if you use any kind of deadly instrument -- knife, gun -- but don't cause serious physical injury. Like if somebody is trying to stab you, and they wind up cutting your finger. That's what that statute is used for. [I have no idea where he got this; my research indicates it is pure fantasy.]

RS: This sign was five times bigger than a pencil, and he swung it and hit me in the back. . . .

JM: If he had rammed it in your eye socket, that would qualify.

RS: No kidding. That would be first, not second.

JM: Depending on the injuries.

RS: If somebody jams something in my eye socket, I think it's going to be pretty serious. [Moore seemed to be undecided if having something jammed in your eye socket would cause a serious injury.]

JM: I don't believe it will qualify, based on my experience with the DA's office.

RS: I don't want special treatment; I just want it applied the way it's written.

JM: I don't believe it would qualify as a deadly instrument.

RS: It doesn't have to be a deadly instrument. You're mixing up the words.

JM: If you disagree with me, you can call my supervisor.

RS: [Guffaws] How many people am I going to have to talk to?

Moore's supervisor turned out to be Lt. Howard Brogdon, so he became stop No. 3 on my runaround train.

(To be continued)

(Previously in the series)

* Dep. Lee Stockman starts the runaround on Alabama assault law -- 11/18/25


Anonymous said...

Good Lord, this guy is dumber than the first guy you wrote about.

legalschnauzer said...

@9:56 --

I agree. At least the first guy, Dep. Stockman, generally got his legal terms right. This guy doesn't even come close.

I take that to mean that the dumber you are, the more likely you are to get promoted in law enforcement.

Anonymous said...

So, this guy is not sure if having a roadside for-sale sign rammed into your eye socket would cause a serious injury? And he's a cop, with authority over people?

Anonymous said...

If you are going to be a "law enforcement officer," it only makes sense that you know the law. And if a member of the public asks about it, you should be able to explain it in an accurate, straightforward way.

At the very least, you should be able to say, "I don't have that information at the tip of my fingers, but let me do some research and get back to you."

legalschnauzer said...

@11:19 --

I think your second paragraph is really important. Most of us probably understand there are a lot of laws in any given jurisdiction, and LEOs maybe don't know all of them right off the bat. But it's not too much to ask for them to be able to look it up and provide accurate information. Intentionally providing false information -- the runaround, I'm talking about here -- is wrong.

Anonymous said...

Somebody please jam a sign into this cop's eye socket, and let him tell us if it produces a serious injury.

Anonymous said...

Schnauzer, what's the point of these posts. I don't get it. Are you just trying to embarrass these guys?

legalschnauzer said...

@4:38 --

The point is this: A member of the public, especially a victim of a crime (as I was in this case) should be able to contact an LEO, ask a question about the relevant law and get a straight answer that is reasonably close to what the law actually says. Instead, I got multiple clowns who not only could not provide an accurate answer, they went out of their way to steer me in the wrong direction and protect the perpetrator. I feel certain I'm not the only citizen who has had this kind of experience. And if you haven't had it yet, you probably will someday.

Hope that clears things up.

Anonymous said...

Minnehaha County Sheriff Milsted and Aaron McGowan (Minnehaha County States Attorney) both silently sanctioned the terroristic threats made to me and my elderly parents when Milsted's watch group surveillance performed a nocturnal murder of our family's favorite cat, "Mauser" who was hunted on our property with a blunt tip stunner arrow. No marks or bite marks, just the tell tale dime sized bloody mark with a tuft of hair where the arrow tip angled off. Cat had the tell tale sign of internal bleeding (dried foamy blood on mouth).

This was followed by luring our other cat "Blackie" to the neighboring property using a tape recording of a kitten crying. The protected watch group members then feed our tired old cat to a chomping Labrador as sport and hobby. "Blackie hobled back with puncture wounds and nearly died. No doubt that was amusing and created a round of high fives at Sheriff Milsted's Office, who also unsuccessfully used a snitch to try to lure me into incriminating myself with some mysterious conspiracy involving a 100 pounds of weed.

Before these incidents, our favorite wild rabbits were routinely hunted (stunner arrow) and left for dead in the front yard (in the same two spots on the lawn...imagine that?).

When Sheriff Milsted found out about my accusations towards his office, he immediately got his fat face in front of the local media rag ("The Argus Leader" in Sioux Falls, SD) to announce his continued sport for his watch group criminal pals. Milsted was quoted as saying to his watch groups vigilante squad, "...Your our eyes and ears out there...".

I could go on and on about how the worthless tough guy pigs are dedicated to running illegal stalking campaigns using deviant weirdo scum that are protected by law enforcement from investigation, arrest, and prosecution.

Go do a google search on the local punk prosecutor Aaron McGowan: he's had a mysterious case of being absent from his office as chief states attorney........for months?

Anonymous said...

Bubba's sometimes gotsta do what they gotsta do!

Anonymous said...

McGowan finally resigned recently. Truth be told, he might of got sick and tired and burned out on all the paper pushing plea bargaining. Being a lawyer has nothing to do with being one of the court house gang members who move paper as fast as they can.

Truth be told, McGowan probably covered up a lot of so called "Nat Security" programs that depend upon classifications to avoid oversight and prosecution. Looks like some innocent men were targeted and entrapped using the secret classified mind control program that depends upon military technology to induce compromising acts and omissions.

Due process and Discovery orders are supposed to be upheld by civilian lawyers championed as officers of the court. Turns out...no one really has a clue what to do about Deep State contractors hiding behind "Nat Sec" classifications.

Defendants and targets........never get explicit notice after criminal charges are filed: that pattern and practice effectively guts 4th, 5th, 14th Amendment rights. Judges are not too concerned with what they aren't allowed to know about, and remain remarkably loyal to the bogus bozo the clown cops' version of events.

There has been no substantive, mature, objective review of DOJ Community Policing patterns and practices that clearly morph into criminal stalking and other outrageous stupid crimes like warrantless searches followed by abusive physical assaults by idiots carrying guns?

There does not appear to be any viable avenue to enforce civil rights violations: Fed Judges will put the burden on targets to investigate and prove the use of secret technology that even Bob Mueller admitted is beyond FBI investigative prerogatives when he covered his ass long ago in front of Sen Leahy's scripted hearing (US Sen Jud Comm 2006) so long ago when Mueller said, "...our hands are tied, we were just following our protocol..." (???!!!).

It's a runaway militarized idiot factory: a brave new world of secret abusive surveillance technology that runs parallel with what badges do. It's called DOJ's Community Policing Program.