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Four former Campbell deputies sentenced to prison for suspect abuse
by Herryn Riendeau
WBIR TV
7/15/2005
Four former Campbell County Sheriff's Deputies were sentenced to prison Wednesday.
Five deputies pleaded guilty to conspiracy in the abuse of Lester Siler in June of 2004. The deputies went to Siler's Campbell County home because they suspected drug activity.
Their assault of the suspect led to their firings and charges against them. They were accused of violating Siler's constitutional rights.
Siler's wife secretly taped the deputies while they were in the Siler home.
In one excerpt of the tape, Deputy David Webber is heard saying to Siler:
"Let me tell you something. We're gonna know everybody that's supplying you. We're gonna know everything about your business today. And you're gonna take us and where you got your money, we're gonna take every dime you have today, and if we don't walk out of here with every piece of dope you got and every dime you got your (expletive) (expletive) is not going to make it to jail. And if you think we're joking, we're not."
Before sentencing on Wednesday, the deputies' attorneys painted a very different picture of the men facing the judge.
"Sammy has a history of good deeds, not only in the community but nationally. He served in the military for years, he served on the Campbell County Sheriff's Department for 17 years. He truly has never had a single complaint filed against him," said former Deputy Samuel Franklin's attorney, Andrew Roskind.
Friends and family accompanied the men to the Howard Baker Federal Courthouse for their sentencing, and the deputies had hundreds of letters of support from family, friends and community members.
The judge took this all into consideration, but
David Webber was sentenced to 57 months in jail; Samuel Franklin and Shayne Green received sentences of four and a-half years each, while William Carroll will spend four years and three months behind bars.
That is too much time, according to family members.
"I can't describe it, it seems unfair, he did wrong, but it just don't seem right," said Shayne Green's brother, Gary Green.
But Lester Siler's family says they are satisfied.
"Mr. Siler and his family respect the judgment that was handed down by the court today, and they look forward to moving on with their lives," said Siler's attorney, Kristie Anderson.
On Tuesday, another of the five deputies, Joshua Monday, received a sentence of six years.
Victim of police brutality now behind bars
Kay Watson, Reporter
WBIR TV
10/12/2005
A suspected drug dealer who was the victim of police brutality last year is now behind bars.
A Campbell County Grand Jury indicted Lester Eugene Siler on three counts of selling oxycodone. His wife Jenny Lynn Siler was charged with four counts of selling the drug.
It's a happy ending, according to some of their neighbors in the tiny mountainous Campbell County community called White Oak.
Some people living there have been asking Sheriff Ron McClellan for years to do something about Siler, whose been convicted of several drug charges.
It took longer than it should have, because some officers broke the law, before others could enforce it.
"I hope they find everyone that sells or buys drugs and get the community cleaned up," resident Sharon Marlow explains. "I've watched this everyday and I'm tired of it."
Residents say they're especially tired of alleged drug traffic at the Siler's mobile home, because it sits feet from an elementary school.
They're even more frustrated because five Campbell County deputies were supposed to take Siler to jail a year ago.
Instead, the deputies were fired and sent to prison.
"What eugene went through when they tried to arrest him, no human should have to go through that," Marlow explains.
The Tennessee Bureau of Investigation (TBI) found that the five deputies tortured Siler when they were sent to arrest him for violating probation from earlier drug charges.
Siler's wife caught the whole thing on audio tape.
"The situation that arose should never have happened," Campbell County Sheriff Ron McClellan explains.
The sheriff admits his deputies were out of line, but he says the Silers were also in the wrong.
He turned their case over to the TBI and 8th Judicial Drug Task force.
"There's no doubt in my mind they thought they had some shield around them," the Sheriff says of the Silers.
The grand jury found the state's case against them strong enough to bring charges against them.
The sheriff says there's enough audio and video documentation to keep them out of White Oak, at least for a while.
"To go through what he went through was horrible," Marlow says. "But little kids have to through the same type of things because their parents are on drugs. It's not fair."
Lester Siler is being held in Fentress County without bail.
Jenny Siler's bond was set at $100,000. She's in Scott County's jail.
Their family members said they didn't know what was going on, while their attorney didn't have any comment on the charges.
Both Silers will be arraigned Friday in Campbell County.
See also:
NO DRUGS WERE FOUND YET THE SILERS WERE JAILED WITH $100,000 BAIL...
"A prosecutor can get a grand jury to indict a ham sandwich."
-Maxim of Law
Tennessee sheriff and pharmacist arrested for dealing prescription drugs - Williamson County Sheriff Ricky Headley was arrested Wednesday along with a Nashville pharmacist on charges related to illegal dispensing of prescription drugs.
Headley was arrested at Brooks Drugs pharmacy in Nashville and was taken to the headquarters of the Tennessee Bureau of Investigation, Metro Nashville police and TBI officials said in a joint statement. The owner of the pharmacy, Glenn Brooks, was also arrested and is accused of dispensing prescription drugs, including powerful painkillers. Authorities allege that Headley received thousands of pills from the pharmacy without a prescription, including the muscle relaxant Soma and painkiller Lortab. The investigation began about two years ago, when pharmacy employee Jimmy Clay Reed was arrested on charges of possessing controlled substances for resale and distributing controlled substances from his home. On Jan. 20, police and TBI agents arrested Michelle Weathers, 32. The seven-year employee of the pharmacy was accused of leaving work with more than 800 hydrocodone painkiller pills stashed in a cooler. Headley, elected in 2002, is known in the suburban county south of Nashville as the ''Singing Sheriff'' for his sideline interest in country music and has performed at the county fair. Williamson County is usually ranked as the wealthiest county in the state, as measured by median income and average home prices. Tennessee leads the nation in sheriffs arrested for drug dealing. February 1, 2007
How to Lawfully Resist Illegal Arrest
John Quade vs the New World Order Driver licenses are voluntary slave contracts extorted under duress
Vehicle Registration contract donates your car to Gangsta Govt
Social Security slave contract volunteers you for income tax
"If people are violating the law by doing drugs, they ought to be accused and they ought to be convicted and they ought to be sent up."
—Rush Limbaugh, October 5, 1995
"Happening now, breaking news. The conservative radio talk show host Rush Limbaugh arrested on a prescription fraud charge. It's 7:00 p.m. in Florida, where Limbaugh turned himself in after apparently striking a deal with prosecutors."
-Wolf Blitzer, CNN News, "Rush Limbaugh Arrested on Prescription Drug Charge," April 28, 2006
"I am addicted to prescription pain medication."
—Rush Limbaugh, October 10, 2003
"The networks must have gotten tired of paying Rush Limbaugh that $285-million contract. 100-pills a day of Oxycontin is Hillbilly heroin."
—Alex Jones, Infowars.com Radio
"When someone sells you 4,000 pain pills, you don't call them a 'maid', you call them a 'dealer'."
—Chris Rock
"They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
—Benjamin Franklin, signer of the Declaration of Independence and uS Constitution
"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
—Detective Frank Serpico, NYPD, testifying to the Knapp Commission, autobiography and Hollywood documentary starring Al Pacino: Serpico
"I was put under pressure. It was like a race. How many more people can we get today?"
-arrested copster in Knoxville, Tennessee, describing Gangsta Govt's illegal quota
"My job was to root out and investigate police corruption, and criminals who've infiltrated the police department.... Sure I went after other policemen. After other policemen that were criminals who happened to join the police department. There were drug dealers, murderers, rapists. These are the types of policemen that I went after. The general public should know there are real, serious criminals in the police department. I don't believe that it should be hidden. Let the policemen know that someone they worked with was a murderer, or a drug dealer."
-Detective Vincent Murano, NYPD Internal Affairs, in his autobiography Cop Hunter
WACO IS CRAWFORD TEXAS
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"So I say this to the militias and all others who believe that the
greatest threat to freedom comes from the government: if you appropriate
our sacred symbols for paranoid purposes and compare yourselves to
Colonial Militias who fought for the democracy that you now rail against,
YOU ARE WRONG! How dare you call yourselves Patriots and Heroes. If you
say the government is in a conspiracy to take your freedom away, YOU ARE
JUST PLAIN WRONG. THERE IS NO FREEDOM...." (followed by hesitant
applause)
—President Bill Clinton-Blythe III (Rockefeller drug kingpin for CIA agent Sir George Bush Sr Knight of the British Empire at Mena, Arkansas), after the "terrorist"
bombing of the Federal Building in Oklahoma City on April 19, 1994 that
murdered 160 federal employees and their families (anniversary of
Clinton-Blythe's massacre of 80 Christians at Waco, Texas), as
justification for Congress passing the "Anti-terrorism and Effective Death
Penalty Act"
"'Enterprise' means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises, AND GOVERNMENTAL, as well as other, entities."
—Racketeer-Influenced and Corrupt Organizations Act, TN CODE 39-12-203 (state RICO Act) and US CODE TITLE 18, PART I, CHAPTER 96, Sec. 1961 (federal RICO Act)

Teflon Tim seeks re-election despite term limits
"Knox County is paying a convicted drug dealer at least $2,700 a month so the Sheriffs Department can operate its helicopters out of his airstrip, a Knoxville lawyer said in court Friday. But Sheriff Tim Hutchison said Friday evening he didn't know Scott Sheldon WALKER had pleaded guilty to conspiring to possess and distribute marijuana. Walker, 38, of Gatlinburg is set to be sentenced next month in federal court after being caught last year with a load of 300 pounds of marijuana at a Louisiana airport."
—Knoxville News-Sentinel, "Questions arise over sheriff's airstrip - Lawyer says property owned by drug dealer," 05 Jan 2002
Scott WALKER
George Herbert WALKER Bush
George WALKER Bush
Knox Sheriff Declines "America's Most Wanted" Help in Johnia Berry Murder - After all, it doesn't look like Knox County is any closer to solving this case, leaving many of Johnia's family members frustrated. Berry's parents tell us America's Most Wanted approached the sheriff's department about doing a story on this case, but they say Knox County turned down that request. The 21-year-old Berry was stabbed to death on December 6, 2004, 12 days before she was to receive a degree with honors from ETSU. She was attacked by a knife-wielding man in Brendon Park Apartments and died in the hallway after banging on neighbors' doors for help. None responded. Johnia's roommate, Jason Aymami, was also stabbed but he fled the apartment, calling 911 from a convenience store. The family posted a letter on their Web site, JohniaBerry.org, Tuesday saying they want a meeting with the sheriff. The letter reads, "Nearly 15 months have passed since Johnia was murdered and we've done everything in our power to make sure the responsible person is brought to justice. We have handed out fliers, paid for billboard space, and have tried to gain as much exposure as possible through the media. One thing we would like to do is have a meeting with Sheriff Tim Hutchison. Sure, the sheriff met with Mike and me on one occasion, but now many months have passed and our countless calls to the sheriff's office have garnered absolutely no response from Mr. Hutchison. Does Mr. Hutchison feel that it's not worth his time to return our calls or meet with us because we don't live in Knoxville?" Hutchison was too busy getting convicted for committing criminal perjury in court (with $180,000 in lawyer fees billed to the taxpayers for appealing Hutch's $300 criminal fine), building 400 houses with his convicted felon business partner who had no contractor license, and jetsetting in his fleet of 6 black helicopters at taxpayer expense, parked at an airport rented from a convicted drug dealer. Tennessee reportedly leads the nation in number of sheriffs convicted of drug dealing. Randy Tyree is a write-in candidate for sheriff in 2006. Tyree is a former Knoxville mayor, KPD intelligence (spying on politicians and business owners), FBI agent (who assassinated MLK), govt trial lawyer and undercover infiltraitor of terrorist organizations (peace voters) on UT campus. Hutchison is ineligible for reelection due to term limits, but since when has The Law stopped Teflon Tim?
"When a strong man, fully armed, guards his own house, his possessions are safe."
—Yahashua (a/k/a "Jesus Christ"), Luke 11:21, Christian Bible (KJV)
self-defense.
1: the use of force to defend oneself. 2: an affirmative defense (as to a murder charge) alleging that the defendant used force necessarily to protect himself or herself because of a reasonable belief that the other party intended to inflict great bodily harm or death (see also justification)
—Merriam-Webster's Dictionary of Law ©1996
citizen's arrest.
an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen. Note: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence.
—Merriam-Webster's Dictionary of Law ©1996
"A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612."
—Tennessee Code 39-11-621. Use of deadly force by private citizen.
"A person is justified in threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. The person must have a reasonable belief that there is imminent danger of death or serious bodily injury. The danger creating the belief of imminent death or serious bodily injury must be real, or honestly believed to be real at the time, and must be founded upon reasonable grounds. There is no duty to retreat before a person threatens or uses force."
—Tennessee Code 39-11-611(a)
jusitifiable homicide.
1. The killing of another in self-defnese when faced with the danger of death or serious bodily injury. Also termed excusable homicide. See SELF DEFENSE. 2. A killing mandated or permitted by the law, such as execution for a capital crime or killing to prevent a crime or a criminal's escape."
—Black's Law Dictionare, Seventh Edition
QUESTION: Do I have a duty to inform a LEO that I am armed and possess a valid carry permit at the beginning of any interaction with that officer? For example, at a sobriety checkpoint; stopped for a traffic violation; giving a statement as a witness to an accident, or as the reporter of a crime? If no duty exists, is it in my best interest to do so, anyway?
ANSWER: Current law does not require you to inform an officer that you are armed. Generally, unless you are absolutely sure that you are legally in possession of the firearm, advising the officer that you have one may be the admission of a crime.
—Tennessee Firearms Association - FAQ
QUESTION: Do I have to carry my handgun concealed?
ANSWER: Strictly speaking, no. The Tennessee Firearms Association fought against the concealment provision so people who accidentally exposed their weapon would not lose their right to carry, or worse. It is strongly suggested, for a number of reasons, you keep you handgun concealed. Although legal, you will almost certainly be detained by the police if you carry openly. There is a statute (39-17-1311) which declares it illegal to have certain specific weapons (identified in 39-17-1302(a)) in 'public parks' and 'recreational' facilities. It is not clear whether this statute applies to handguns. In addition - if the word 'federal' or 'national' appears in the title - assume its off limits.
—Tennessee Firearms Association - FAQ
"Family vacations can include trips to our National Parks throughout the U.S., or you may have to drive though one of them to get to your final destination. Can you carry a loaded gun during your trip? The answer is no. You can transport your firearm if it is in a case, unloaded, or dismantled. If you have a summer home in a National Park [see definition below], you are allowed to keep a loaded firearm in the dwelling, but you cannot travel with the firearm loaded outside of this dwelling."
—LegallyArmed.com, "How to Transport Firearms Through National & State Parks"
"Convicted felons can lawfully posses black-powder firearms and vintage firearms."
—George Gordon, George Gordon School of Common Law, George Gordon Law Hour Radio Show Archives, GeorgeGordon.com
"Mr. Speaker, my subject today is whether America is a police state.
If we are, what are we going to do about it? Most police states,
surprisingly, come about through the democratic process with majority
support. The masses are easily led to believe that security and liberty
are mutually exclusive, and demand for security far exceeds that for
liberty. Our government already keeps close tabs on just about everything
we do and requires official permission for nearly all of our activities.
One might take a look at our Capitol for any evidence of a police state.
We see: barricades, metal detectors, police, military soldiers at times,
dogs, ID badges required for every move, vehicles checked at airports and
throughout the Capitol. The people are totally disarmed, except for the
police and the criminals. But worse yet, surveillance cameras in
Washington are everywhere to ensure our safety. Like gun control, people
control hurts law-abiding citizens much more than the law-breakers.
Centralized control and regulations are required in a police state. Not
only do we need a license to drive, but we also need special belts, bags,
buzzers, seats and environmentally dictated speed limits. Or a policeman
will be pulling us over to levy a fine, and he will be toting a gun for
sure. Let's reject the police state."
—Congressman Dr. Ron Paul, MD
(R-TX, 1988 Libertarian Party candidate for President), speech in House of
Representatives, United States Congress, "Are We
Doomed To Be a Police State?" June 27, 2002
"This country is in such bad shape because people have no idea what's going on. 80% of all criminal cases start with the admissions and confesions of the defendant. You take out a tape recorder and you have about a 40% chance of walking away without a ticket. Use a tape recorder no matter what situation you are in. Sometimes I use the recorder hidden under my shirt sleeve, for business situations. We're not advocating that you take this out and 'hunt bears'. Sign your driver license 'WITHOUT PREJUDICE' and/or '1-207-UCC' (Uniform Commercial Code). I wish to travel as a Constitutional right to travel. I'm not in a state-regulated commercial enterprise. I'm not a party to this 'voluntary' contract. My signature was made against my will and under duress. By the way, driving 92mph in a 55-zone is NOT a "crime". No one has been injured under the common law, thus no crime was committed. There are some people who worship government to such a degree, that this world system is a god to them. If you "sin", you must pay to "absolve" the sin. Technically, you have not violated the law. CRIMINAL Law includes rape, robbery and murder. What a traffic ticket is, is a breach of contract."
–Pastor Rick Strawcutter, SPEEDING TICKET SEMINAR VIDEO DOWNLOAD
Tennessee Code 47-1-207.
Performance or acceptance under reservation of rights.
(1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.
"Either we all hang together or we'll all hang separately."
—Benjamin Franklin
"The Tennessee National Guard Counterdrug Division is a premiere
military asset within our state that provides critical support to
federal,state and local law enforcement as well as community based and
educational organizations. Through the combined efforts of hundreds of
citizens and professionals in the fields of drug interdiction and demand
reduction, the battle to curtail abuse and trafficking of illicit drugs is
making progress. The Tennessee National Guard Counterdrug Division urges
citizens to utilize their communities and establish a unified stance
against the dangers of illicit drugs pose. Work with your local law
enforcement and local community groups to establish sustained grass roots
coalitions that address the toll deadly drugs inflict upon your homeland.
As our Guard men and women stand ready to fight the terror induced by the
drug plague, so should each of you act as citizen soldiers in you own
right. The soldiers and airmen of the Counterdrug Division have served the
state for 14 years defending our citizenry against the cancer of illicit
drug abuse. Eradication - "Carpe Cannabis": As a substantial member of the
Governor's Task Force on Marijuana Eradication (GTFME), the Counterdrug
Division provided personnel, aircraft, vehicles and other equipment to
ensure mission success. The 2002 eradication season utilized 21 National
Guard soldiers and airmen and 18 JTF-6 US Army soldiers working together
to support the destruction of .485,464 marijuana plants from across the
state worth an estimated street value of $978,928,000. The workhorse of
the ground effort was comprised of three Eradication Teams assigned to
each geographical region of Tennessee. These ground forces reaped the
illegal crops in 91 out of 95 counties. They traveled by 4 x 4 truck, four
wheelers and by foot when the going got rough. These teams were made up of
agents from the Tennessee Bureau of Investigation, the Drug Enforcement
Administration, the Tennessee Highway Patrol, the Alcoholic Beverage
Commission, and soldiers and airmen of the Tennessee National Guard.
'Fatal Vision' is one of our programs that demonstrates to young teenagers
the dangerous effects drugs and alchol can have over normal everyday life.
The students experience a "simulated intoxication" that is made possible
by special goggles that alter their vision. Under the supervision of
National Guardsmen, students experience the "intoxication" driving in golf
carts as well as attempting a field sobriety test. This program is aimed
at educating students and acts as a deterrent to driving under the
influence of drugs and alcohol. The Tennessee National Guard Counterdrug
Division participates in several youth camps across the state of
Tennessee. The Counterdrug Division's Light Armored Vehicle (LAV) is a new
concept In Law Enforcement support for the state of Tennessee. The LAV
provides safe transportation for agents executing drug search warrants. In
FY 03, the LAV will become a valuable safety asset for local, state and
federal agencies in the state. RAID Ghost Riders: The Reconnaissance &
Interdiction Detachment (RAID) provides airborne scouting and
reconnaissance support for drug interdiction and surveillance in a wide
spectrum of geographical locations during day and night operations. The
RAID is a unit assigned to the Tennessee National Guard with 13 positions,
nine pilots and four mechanics. During marijuana eradication, the unit
will fly approximately 1200 hours in support of the Governor's Task Force
for Marijuana Eradication. Operation Weed and Seed is foremost a
strategy--rather than a grant program-- which aims to prevent, control,
and reduce violent crime, drug abuse, and gang activity in targeted
high-crime neighborhoods across the country. A community-orientated
policing component bridges weeding and seeding strategies. Officers obtain
helpful information from area residents for weeding
efforts."
—Colonel Bill Hartbarger, Deputy Chief of Staff,
Tennessee National Guard Counterdrug Division
"Whoever, except in cases and under such circumstances expressly
authorized by the Constitution or by Act of Congress, willfully uses any
part of the Army as a posse comitatus or otherwise to execute the laws
shall be fined no more than $10,000 or imprisoned not more than two years,
or both."
—Posse Comitatus Act, 18
United States Code l1385
"You will be happy to learn that the former head of the KGB (the
secret police of the former Soviet Union), General Yevgeni Primakov, has
been hired as a consultant by the US Department of Homeland
Security."
—Al Martin, AlMartinRaw.com, Behind the Scenes in the
Beltway, "Get Ready for the USSA (The United Soviet States of America),"
March 17, 2003
"And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!"
—Captain Alexandr Solzhenitsyn, Russian Army (arrested in 1945 during World War 2 for allegedly voicing disrespect for genocidal Communist Dictator 'Uncle Joe' Stalin), Nobel prize winner, from The Gulag Archipelago (arrested again and deported upon its publication), reposted: "Slaves in Their Own Fucking Country", Jerry Stratton, San Diego, California, June 22, 1997
"The day is coming when American police will be ordered to round up
millions of Americans and execute them, just as police or military have
been asked to round up and sumarily execute 200-million people in the past
100 years."
—Jack McLamb (audio
file), "The most-decorated cop in Phoenix PD history" and as a retired
soldier and cop he negotiated the end of the Massacre of the Weaver family
at Ruby Ridge, Idaho (the same FBI snipers and machine gunners at
WACO/CrAWfOrd, Texas Massacre one year later), Jack McLamb Radio Show at
TruthRadio.com, Police
& Military Against the New World Order, author of OPERATION VAMPIRE
KILLER 2000 - American Police Action Plan for Stopping World
Government Rule, publisher of Aid and Abet
Police & Military Newsletter, H.C. 11, Box 357, Kamiah, Idaho
83536, 208-935-7852, from interview on Infowars.com
Radio on 16 January 2002 (Think it can't happen here? 10-Million Native
Americans were "legally" genocided in USA or herded onto concentration
Death Camps (550 "Indian" Nations in USA today), often killed by Smallpox
bioweapons (via infected fleas in blankets); 300-Million African-Americans
were "legally" kidnapped and genocided in concentrtion Death Camps;
45-Million Aborted-Americans were genocided since the US Supreme Court
"legalized" aborticide with Roe v. Wade in 1973; 7,000 US citizens are genocided every day in Death Camps in USA; for every baby genocided an adult must also be genocided to balance the pension and insurance Ponzi schemes)
Tenn. Code Annotated § 39-11-611.
(e) The threat or use of force against another is not justified to resist a halt at a roadblock, arrest, search, or stop and frisk that the person knows is being made by a law enforcement officer, unless:
(1) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
(2) The person reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
Advisory Commission Comments.
Subsection (e) represents a policy decision by the Commission that the street is not the proper forum for determining the legality of an arrest. To a large extent, the rule is designed to protect citizens from being harmed by law enforcement officers. Research has shown that citizens who resist arrest frequently are injured by trained officers who use their skills and weapons to protect themselves and effectuate the arrest. If the defendant knows it is a law enforcement officer who has stopped or arrested him or her, respect for the rule of law requires the defendant to submit to apparent authority. The justification is restored if the law enforcement officer uses greater force than necessary under the circumstances and the defendant acts under reasonable belief that his or her acts are necessary for self-protection.
Tenn. Code Annotated § 39-11-609. Necessity.
Except as provided in 39-11-611 - 39-11-621 conduct is justified if:
(1) The person reasonably believes the conduct is immediatelynecessary to avoid imminent harm; and
(2) The desirability and urgency of avoiding the harm clearlyoutweigh, according to ordinary standards of reasonableness, theharm sought to be prevented by the law proscribing the conduct.
Sentencing Commission Comments.
This section codifies the commonlaw defense of necessity. It excuses criminal liability in those exceedingly rare situations where criminal activity is an objectively reasonable response to an extreme situation. For, example, necessitydefense would bar a trespass conviction for a hiker, strandedin a snowstorm, who spends the night in a vacant cabin ratherrisking death sleeping in the open. The defense is limited to situations: (1) where the defendant acts upon a reasonable belief that the action is necessary to avoid harm; and (2) where the harm sought to be avoided is clearlygreater than the harm caused by the criminal act. The defenseis further limited in application to those offenses where it isnot expressly excluded by statute. Subdivisions (1) and (2) contemplate a balancing between the harmcaused by the conduct constituting an offense, and the harm thedefendant sought to avoid by the conduct. If the harm sought tobe avoided was, by ordinary standards of reasonableness, clearlygreater that the harm actually caused (the offense is justified.
Tenn. Code Annotated § 39-11-611. Self-defense.
(a) A person is justified in threateningor using force against another person when and to the degree theperson reasonably believes the force is immediately necessaryto protect against the other's use or attempted use of unlawfulforce. The person must have a reasonable belief that there isan imminent danger of death or serious bodily injury. The dangercreating the belief of imminent death or serious bodily injurymust be real, or honestly believed to be real at the time, andmust be founded upon reasonable grounds. There is no duty to retreatbefore a person threatens or uses force.
(b) Any person using force intended or likely to cause death orserious bodily injury within their own residence is presumed tohave held a reasonable fear of imminent peril of death or seriousbodily injury to self, family or a member of the household whenthat force is used against another person, not a member of thefamily or household, who unlawfully and forcibly enters or hasunlawfully and forcibly entered the residence, and the personusing the force knew or had reason to believe that an unlawfuland forcible entry occurred.
(c) The threat or use of force against another is not justifiedif the person consented to the exact force used or attempted bythe other individual.
(d) The threat or use of force against another is not justifiedif the person provoked the other individual's use or attempteduse of unlawful force, unless:
(1) The person abandons the encounter or clearly
communicates to the other the intent to do so; and
(2) The other nevertheless continues or attempts to use unlawfulforce against the person.
(e) The threat or use of force against another is not justifiedto resist a halt at a roadblock, arrest, search, or stop and friskthat the person knows is being made by a law enforcement officer,unless:
(1) The law enforcement officer uses or attempts to use greaterforce than necessary to make the arrest, search, stop and frisk,or halt; and
(2) The person reasonably believes that the force is immediatelynecessary to protect against the law enforcement officer's useor attempted use of greater force than necessary.
Sentencing Commission Comments.
This section codifies muchof the common law doctrine of self defense. The defense is applicableto the use or threatened use of force and to both ordinary forceand deadly force. Threats are included because under some circumstancesthey constitute offenses.
Subsection (a) allows the justification of self defense to personswho reasonably believe they are imminently threatens with forceor are actually attacked and who react with the force reasonablynecessary to protect themselves. The test of "reasonablebelief" places the emphasis on the defendant's reliance uponreasonable appearances rather than exposing the defendant to theperil of criminal liability where appearances were deceiving andno actual danger existed. the test is threefold: the defendantmust reasonably believe he is threatened
with imminent loss of life or serious bodily injury; the dangercreating the belief must be real or honestly believed to be realat the time of the action; and the belief must be founded on reasonablegrounds. Under this section, there is no duty to retreat, whichchanges Tennessee law.
Subsection (b) is a restatement of a prior Tennessee statute whichcreated a presumption that a person using force against an intruderin the residence held a reasonable fear of imminent death or seriousinjury.
Subsections (c), (d) and (e) are restrictions to the defense. Subsections (c) and (d) continue the traditional rule that the defendant claiming justification should be free from fault inbringing on the necessity of using force. Subsection (c) recognizes that persons who consent to the force used against them are prohibited from utilizing self defense in responding to that use of force.Examples would be mutual combatants or participants in contact sports. The defense, however, is available if the force used againstthe defendant exceeded the
scope of the defendant's consent.
Subsection (d) also restricts the defense by codifying the traditional concept of the initial aggressor. In order to use the defense, the initial aggressor must withdraw or communicate an intent to withdraw and the force must continue despite this communication. See Irvine v. State, 104 Tenn. 132, 56 S.W. 845 (1900); Gann v.State, 214 Tenn. 711, 383 S.W.2d 32 (1964).
Subsection (e) represents a policy decision by the commission that the street is not the proper forum for determining the legality of an arrest. To a large extent, the rule is designed to protect citizens from being harmed by law enforcement officers. Research has shown that citizens who resist arrest frequently are injured by trained officers who use their skills and weapons to protect themselves and effectuate the arrest. If the defendant knows itis a law enforcement officer who has stopped or arrested him or her, respect for the rule of law requires the defendant to submit to apparent authority. The justification is restored if the law enforcement officer uses greater force than necessary under the circumstances and the defendant acts under reasonable belief that his or her acts are necessary for self-protection.
Section to Section References. Sections 39-11-611 -- 39-11-621 are referred to in 39-11-609.
Sections 39-11-611 -- 39-11-613 are referred to in 39-11-609.
This section is referred to in 39-11-612, 39-11-621, 39-16-602.
Law Reviews. Selected Tennessee Legislation of 1986, 54 Tenn.L. Rev. 457 (1987).
Tenn. Code Annotated § 39-11-612. Defense of third person.
A person is justified in threatening or using force against another to protect a third person if:
(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under 39-11-611 inthreatening or using force to protect against the use or attempteduse of unlawful force reasonably believed to be threatening the third person sought to be protected; and
(2) The person reasonably believes that the intervention is immediately necessary to protect the third person.
Sentencing Commission Comments.
This section makes it clear the right to defend a third person is to be determined in the same fashion as the right of self defense. Section 39-11-611 governs the determination of whether a defendant would have been justified in using force in self-defense under the same facts and circumstances.If the defendant reasonably believes that intervention is immediately necessary to protect the third person, the defendant is justified in the same manner as he or she would have been under 39-11-611.
Section to Section References. This section if referred to
in 39-11-621.
Tenn. Code Annotated § 39-11-613. Protection of life or health.
A person is justified in threatening or using force, but not deadly force, against another when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.
Sentencing Commission Comments.
This section is new to Tennessee law. It is designed to remove a possible impediment to the reasonable use of force to aid another person. It justifies the use of force, but not deadly force, against another to prevent self-inflicted serious bodily injury or suicide. The justification is dependent upon the defendant's reasonable belief of the necessity of immediate action.
Tenn. Code Annotated § 39-11-614. Protection of property.
(a) A person in lawful possession of real or personal property is justified in threatening or using force against another when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land of unlawful interference with the property.
(b) A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against theother when and to the degree it is reasonably believed the forceis immediately necessary to reenter the land or recover the property if the person threatens or uses the force immediately or in fresh pursuit after the dispossession; and:
(1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and
(2) The other accomplished the dispossession by threatening or using force against the person.
(c) A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.
Sentencing Commission Comments.
This section affords justification for the defenses of protection of both real and personal property.This defense is available to all persons "in lawful possession" and thus applies to owners, lessees,and bailees. The amount offorce reasonably believed to be necessary to terminate the trespassor unlawful interference.
Subsection (b) provides justification for the use of force to reenter land or recapture property under very limited circumstances. The defendant must use or threaten to use force immediately after the dispossession and the defendant must reasonably believe the other person had no right to dispossess the defendant. Further, the dispossession must have been accomplished by the use of threats or force by the other person. This section is intended to encourage the resort of legal process to recover property in all circumstances except those where immediateself help is likely anyway.
Subsection (c) makes it clear deadly force is never justified under this section. Deadly force may be justified, however, under 39-11-611(b).
Section to Section References. Sections 39-11-614 -- 39-11-616 are referred to in 39-11-610.
This section is referred to in 39-11-615, 39-11-616.
Tenn. Code Annotated § 39-11-615. Protection of third person's property.
A person is justified in threatening or using force against another to protect real or personal property of a third person if, underthe circumstances as the person reasonably believes them to be,the person would be justified under 39-11-614 in threatening or using force to protect the person's own real or personal property.
Sentencing Commission Comments.
This section justifies theuse of limited force to protect another person's real or personal property. Similar to 39-11-612, defense of third persons, this justification is based upon the defendant's right to protect his or her own property under 39-11-614. This section permits adefendant to use the same force to protect the property of another that he or she could use to protect his or her own property. Section to Section References. This section is referred to
in 39-11-616.
Tenn. Code Annotated § 39-11-616. Use of device to protect property.
(a) The vjustification afforded by 39-11-614 and 39-11-615 extends tothe use of a device for the purpose of protecting property only if:
(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
(2) The use of the particular device to protect the property fromentry or trespass is reasonable under the circumstances as theperson believes them to be; and
(3) The device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact thatit is used.
(b) Nothing in this section shall affect the law regarding theuse of animals to protect property or persons.
Sentencing Commission Comments.
This section provides a limited justification for the use of a device, such as a hidden trap,to protect property. This rule is substantially consistent with the common law tort rule. The commission has considered both theimportance of protecting innocent persons (e.g., firefighters, law enforcement officers, and children) and the importance ofprotecting one's property. Under this section, the use of a device must be reasonable, the device must be one customarily used for protection of property or the user must use reasonable care ingiving warning to probable intruders, and the device must not be designed or known to cause death or serious bodily injury.
"Authorities say Memphis police shot and killed a deputy US marshal, who allegedly fired a gun at two officers, wounding one, after she was stopped for driving erratically. Memphis police officers spotted Mary Fisher's car driving at a fast rate and weaving in and out of lanes around 6 a.m. this morning. Memphis Police spokesman Sgt. Vince Higgins said the 46-year-old woman refused to stop when police put on their blue lights and sirens and led the officers to her house. The officers told her to get out of the car. She opened her door, leaned back into the car, and the officers say she pulled out a gun and then started shooting at them. She was pronounced dead at the scene by paramedics. Patrick Taylor was shot in the leg. He was taken to a Memphis hospital where he remains in stable condition. The other officer, whose name is not being released, was unharmed. Both Taylor and the other officer have been relieved of duty while the investigation continues."
—Amanda Dill, WBIR TV, Associated Press, "U.S. Marshal killed after allegedly shooting at Memphis officers," 5/14/2006
"They've got a big target on there, ATF. Don't shoot at that because they've got a vest on underneath that. Head shots, head shots.... Kill the sons of bitches."
—G. Gordon Liddy, talk radio host, White House legal counsel and FBI agent, and convicted felon for pardoned President Richard "Tricky Dick" Nixon's Watergate burgleries, August 26, 1994 (Leslie Jorgensen, FAIR Extra!, "AM Armies", March/April 1995)
"New details in the case of a Roane County Deputy and his friend who police say were gunned down ambush style. Preliminary autopsy results revealed Deputy Bill Jones had 33 gun shot wounds all over his body. It's still not clear how many times his good friend and ride along passenger Mike Brown was shot during the ordeal. Those results have not been released. Leon Houston is being held in an undisclosed location after turning himself in late Friday night. His brother, Rocky is recovering at UT Medical Center under the watch of armed guards. David Haggard, Roane County Sheriff says, 'In this situation he rode into even the most experienced officer couldn't have prevented it.' Deputy Jones died on Thursday after police say the Houston brother's started unloading on his patrol car from all sides. Police say Deputy Jones was on routine patrol when tried to serve the brothers' warrants. He never made it out of the car. Sheriff Haggard says, "You got somebody waiting on you with a high powered rifle with high capacity magazines. You kinda figure it's premeditated and preplanned. It was a ambush."
—Robin Murdoch, WBIR, "Autopsy reveals 33 gunshot wounds on Roane County deputy," 5/15/2006
"'This has been brewing for 2 or 3 years between the Sheriff and my boys,' said the suspects' father. Clifford Clyde Houston, a former Roane County Commissioner, says the problems started with a speeding ticket and escalated. At the courthouse, there is a stack of files on the two brothers, most of them focused on Rocky. Among other things, he was accused of threatening a Harriman city judge. That is something his father says never happened. 'And Judge Crass told me he did not, and I shook his hand and said, 'Judge, I want to thank you for being truthful,'' said the elder Houston. Rocky was acquitted on that charge, but convicted of disorderly conduct. In addition to the files on Rocky and Leon we found at the courthouse, there are also several federal lawsuits Rocky filed against the state of Tennessee, local district attorneys and judges and his former employer, Wackenhut [Security] Services [at Y-12 nuclear bomb factory]."
—WBIR, "Houston brothers have a history with Roane County law enforcement," 5/12/2006
"While fallen law officers are being honored in Washington today, the FBI says 50 police officers were shot dead last year. Thirty-four of them were wearing body armor. FBI says, out of the total 122 law enforcers who died in the line of duty, 55 officers were killed intentionally. Preliminary numbers suggest that's two fewer than in 2004. The statistics released today say handguns were used to kill 42 officers, five were shot with shotguns and three died in rifle-fire. Six officers were killed with their own weapons. FBI says all of the cases were solved."
—WBIR, "FBI: Fifty police officers shot dead in 2005," 5/15/2006 (cops have perhaps the safest job in USA, not counting self-inflicted car crashes, and genocide of 500 cops in New York City and New Orleans by the Bush Crime Family)
"I don't trust government. And neither should our citizens."
—US Senator Larry Craig, United States Senate, Committee on the Judiciary, "DOJ Oversight: Terrorism and Other Topics", testimony by US Attorney General John Ashcroft re President George Bush Jr.'s Executive Orders to "legalize torture" of US citizens and refusal to release that memo (felony Contempt of Congress), C-SPAN2, June 8, 2004
"People worry about the national government, but it's the local government people need to fear. Knoxville must be the most corrupt city on earth. At City Council [with Skull & Bones Mayor Victor Ashe (US Ambassador to Poland in 2004)], I really felt I was in the presense of evil."
—City Councilmember Carlene Malone, Knoxville, Tennessee, with two of her cars arsoned after investigating the tow-trucking chop-shop business (her father was a homicide detective for NYPD in New York City)
"The sheriff was paid a meager salary but earned thousands of
dollars on expenses based on the number of people arrested and jailed.
Some wanted to hang the deputies. One deputy's throat was slashed. By now,
it was not only the veterans who were gathered and doing the shouting. But
what happened that night has been a good thing. It brought about a sound
two party system. People have paid attention to the elective
process." —Fred Brown, Knoxville News-Sentinel, "Battle of
Athens", March 25, 1990 [Webmaster Note: The evil sheriff's family
married into the family of Judge Dender, to regain covert control of the
county.]
"At end-1945, some 3,000 battle-hardened veterans returned to McMinn
County. Sheriff Mansfield's deputies had brutalized many in McMinn County;
the GIs held Cantrell politically responsible for Mansfield's doings. In
ads and speeches the GI candidates promised an honest ballot count and
reform of county government. At a rally, a GI speaker said, 'The
principals that we fought for in this past war do not exist in McMinn
County. We fought for democracy because we believe in democracy but not
the form we live under in this county.' At end-July 1946, 159 McMinn
County GIs petitioned the FBI to send election monitors. There was no
response. The Department of Justice had not responded to McMinn Countians'
complaints of election fraud in 1940, 1942, and 1944. To intimidate
voters, Mansfield brought in some 200 armed 'deputies'. GI poll-watchers
were beaten almost at once. At about 3 p.m., Tom Gillespie, an
African-American voter, was told by a Sheriff's deputy, "'Nigger, you
can't vote here today!!'". Despite being beaten, Gillespie persisted; the
enraged deputy shot him. "The deputies, with guns drawn, formed a tight
half-circle around the front of the polling place. One deputy, "his gun
raised high ...shouted: 'You sons-of-bitches cross this street and I'll
kill you!'" Mansfield took the ballot boxes to the jail for counting. The
deputies seemed to fear immediate attack, by the 'people who had just
liberated Europe and the South Pacific from two of the most powerful war
machines in human history.' By borrowing keys to the National Guard and
State Guard Armories, they got three M-1 rifles, five .45 semi-automatic
pistols, and 24 British Enfield rifles. Three GIs - alerting passersby to
danger - were fired on from the jail. Two GIs were wounded. Other GIs
returned fire. Those inside the jail mainly used pistols; they also had a
'tommy gun' (a .45 caliber Thompson sub-machine gun). Firing subsided
after 30 minutes: ammunition ran low and night had fallen. Thick brick
walls shielded those inside the jail. Absent radios, the GIs' rifle fire
was un-coordinated. 'From the hillside, fire rose and fell in disorganized
cascades. More than anything else, people were simply 'shooting at the
jail'.' Men from Meigs county threw dynamite sticks and damaged the jail's
porch. The panicked deputies surrendered. In five precincts free of vote
fraud, the GI candidate for Sheriff, Knox Henry, won 1,168 votes to
Cantrell's 789. Other GI candidates won by similar margins. The regular
police having fled, six men were chosen to police Athens; a dozen GIs were
sent to police Etowah. In addition, 'Individual citizens were called upon
to form patrols or guard groups, often led by a GI....' US Congressman
John Jennings said on the Congressional Record, 'At long last decency and
honesty, liberty and law have returned to the fine county of McMinn.'
Since 1915, officials of seven governments 'gone bad' have committed
genocide, murdering at least 56 million persons, including millions of
children. 'Gun control' clears the way for genocide by giving governments
'gone bad' far greater freedom to commit mass murder." —Battle of
Athens, Tennessee (hometown of Will Rogers, mayor, and "America's
favorite cowboy journalist"), reposted by Jews for the Preservation of
Firearms Ownership, and the Constitution Society, the Daily
Post-Athenian, and C. Stephen Byrum's book, The
Battle of Athens,
"On 2 August 1946, some Americans, brutalized by their county
government, used armed force to overturn it. These Americans wanted
honest, open elections. For years they had asked for state or Federal
election monitors to prevent vote fraud -- forged ballots, secret ballot
counts, and intimidation by armed sheriff's deputies -- by the local
political boss. They got no help. These Americans' absolute refusal to
knuckle-under had been hardened by service in World War II. Having fought
to free other countries from murderous regimes, they rejected vicious
abuse by their county government. These Americans had a choice. Their
state's Constitution - Article 1, Section 26 - recorded their right to
keep and bear arms for the common defense. Few "gun control" laws had been
enacted. McMinn Countians had long been independent political thinkers.
They also had long: accepted bribe-taking by politicians and/or the
Sheriff to overlook illicit whiskey-making and gambling; financed the
sheriff's department from fines - usually for speeding or public
drunkenness - which promoted false arrests; put up with voting fraud by
both Democrats and Republicans. Tennessee State law barred voting fraud:
ballot boxes had to be shown to be empty before voting; poll-watchers had
to be allowed; armed law enforcement officers were barred from polling
places; ballots had to be counted where any voter could watch. Paul
Cantrell was elected Sheriff in the 1936, 1938, and 1940 elections, but by
slim margins. The Sheriff was the key County official. Cantrell was
elected to the State Senate in 1942 and 1944; his chief deputy, Pat
Mansfield, was elected sheriff. In 1946, Paul Cantrell again sought the
Sheriff's office. At end-July 1946, 159 McMinn County GIs petitioned the
FBI to send election monitors. There was no response. The Department of
Justice had not responded to McMinn Countians' complaints of election
fraud in 1940, 1942, and 1944. The election was held on 1 August. To
intimidate voters, Mansfield brought in some 200 armed "deputies". GI
poll-watchers were beaten almost at once. At about 3 p.m., Tom Gillespie,
an African-American voter, was told by a Sheriff's deputy, 'Nigger, you
can't vote here today!!'. Despite being beaten, Gillespie persisted; the
enraged deputy shot him. The gunshot drew a crowd. Rumors spread that
Gillespie had been 'shot in the back'; he later recovered. (C. Stephen
Byrum, The Battle of Athens; Paidia Productions, Chattanooga TN, 1987; pp.
155-57). Other deputies detained ex-GI poll-watchers in a polling place,
as that made the ballot count "public". A crowd gathered. Sheriff
Mansfield told his deputies to disperse the crowd. When the two ex-GIs
smashed a big window and escaped, the crowd surged forward. The deputies,
with guns drawn, formed a tight half-circle around the front of the
polling place. One deputy, 'his gun raised high ...shouted: "You sons-of-
bitches cross this street and I'll kill you!"' (Byrum, p. 165). Mansfield
took the ballot boxes to the jail for counting. The deputies seemed to
fear immediate attack, by the "people who had just liberated Europe and
the South Pacific from two of the most powerful war machines in human
history." (Byrum, pp. 168-69). Governor McCord mobilized the State Guard,
perhaps to scare the GIs into withdrawing. The State Guard never went to
Athens. McCord may have feared that Guard units filled with ex-GIs might
not fire on other ex-GIs. Three GIs - alerting passersby to danger - were
fired on from the jail. Two GIs were wounded. Other GIs returned fire.
Those inside the jail mainly used pistols; they also had a "tommy gun" (a
.45 caliber Thompson sub-machine gun). Firing subsided after 30 minutes:
ammunition ran low and night had fallen. Thick brick walls shielded those
inside the jail. Absent radios, the GIs' rifle fire was un-coordinated.
'From the hillside, fire rose and fell in disorganized cascades. More than
anything else, people were simply "shooting at the jail".' (Byrum, p.
189). Several who ventured into 'no man's land', the street in front of
the jail, were wounded. One man inside the jail was badly hurt; he
recovered. Most sheriff's deputies wanted to hunker down and await rescue.
Governor McCord mobilized the State Guard, perhaps to scare the GIs into
withdrawing. The State Guard never went to Athens. McCord may have feared
that Guard units filled with ex-GIs might not fire on other ex-GIs. At
about 2 a.m. on 2 August, the GIs forced the issue. Men from Meigs county
threw dynamite sticks and damaged the jail's porch. The panicked deputies
surrendered. GIs quickly secured the building. Paul Cantrell faded into
the night, almost having been shot by a GI who knew him, but whose .45
pistol had jammed. Mansfield's deputies were kept overnight in jail for
their own safety. Calm soon returned: the GIs posted guards. The rifles
borrowed from the armory were cleaned and returned before sun-up. In five
precincts free of vote fraud, the GI candidate for Sheriff, Knox Henry,
won 1,168 votes to Cantrell's 789. Other GI candidates won by similar
margins. On 2 August, a town meeting set up a three-man governing
committee. The regular police having fled, six men were chosen to police
Athens; a dozen GIs were sent to police Etowah. In addition, 'Individual
citizens were called upon to form patrols or guard groups, often led by a
GI. ...To their credit, however, there is not a single mention of an abuse
of power on their behalf.' (Byrum, p. 220). Once the GI candidates'
victory had been certified, they cleaned-up county government: the jail
was fixed; newly-elected officials accepted a $5,000 pay limit; Mansfield
supporters who resigned, were replaced. The general election on 5 November
passed quietly. McMinn Countians, having restored the Rule of Law,
returned to their daily lives. Pat Mansfield moved back to Georgia. Paul
Cantrell set up an auto dealership in Etowah. 'Almost everyone who knew
Cantrell in the years after the 'Battle' agree that he was not bitter
about what had happened.' (Byrum, pp. 232-33; see also New York Times, 9
August 1946, p. 8). The Battle of Athens made national headlines. Most
outsiders' reports had the errors usual in coverage of large-scale,
night-time events. A New York Times editorialist on 3 August savaged the
GIs. Other outsiders, e.g., Time and Newsweek, agreed. (See Time, 12
August 1946, p. 20; Newsweek, 12 Aug 1946, p. 31 and 9 September 1946, p.
38). The 79th Congress adjourned on 2 August 1946, when the Battle of
Athens ended. However, Representative John Jennings, Jr., from Tennessee
decried: 'McMinn County's sorry situation under Cantrell and Mansfield;
the Justice Department's repeated failures to help the McMinn Countians.'
Jennings was delighted that '...at long last decency and honesty, liberty
and law have returned to the fine county of McMinn...'. (Congressional
Record, House; U.S. Government Printing Office, Washington, D.C., 1946;
Appendix, Volume 92, Part 13, p. A4870.)The Battle of Athens clearly
shows: how Americans can and should lawfully use armed force; why the Rule
of Law requires unrestricted access to firearms; how civilians with
military-type firearms can beat the forces of "law and order". Dictators
believe that public order is more important than the Rule of Law. However,
Americans reject this idea. Criminals can exploit for selfish ends, the
use armed force to restore the Rule of Law. But brutal political
repression - as practiced by Cantrell and Mansfield - is lethal to many.
An individual criminal can harm a handful of people. Governments alone can
brutalize thousands, or millions. Since 1915, officials of seven
governments 'gone bad' have committed genocide, murdering at least 56
million persons, including millions of children. 'Gun control' clears the
way for genocide by giving governments 'gone bad' far greater freedom to
commit mass murder. Law-abiding McMinn Countians won the Battle of Athens
because they were not hamstrung by 'gun control'. McMinn Countians showed
us when citizens can and should use armed force to support the Rule of
Law. We are all in their debt." —JudgeRoyBean.Homestead.com,
summary of a major report in JPFO's Firearms Sentinel (January 1995), "The
Battle of Athens"
"Those who cast the votes decide nothing. Those who count the votes
decide everything." —Communist Russian Dictator Joseph Stalin (who
genocided 100-million Soviet citizens with his Jewish-Communist
co-conspirators based in London, England and New York City)
"If this were a dictatorship, it'd be a heck of a lot easier, just
so long as I'm the dictator."
—President-select George
"Texascutioner" Bush Jr., 3rd-cousin to the German Queen of England Elizabeth Sax-Coberg-Gotha, son of the narco kingpin of USA Sir George Bush Sr Knight of the
British Empire, regarding his legal attempts to illegally censor websites
reporting his official arrest record as a convicted drunk driver, convicted cocaine addict, arrested for theft, arrested for vandalism,
wartime convicted AWOL draft deserter demoted from pilot to mail clerk for refusing a direct order to take a drug test, accused rapist, and terrorist
mastermind behind the September 11 Massacres
(as sued under RICO Act in federal courts in San Francisco and Pennsylvania), CNN News, Aired
December 18, 2000
Gadsden Flag was the
first official flag of united States of America and current offical US
Navy flag in Gulf War #2
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"I saw two officers as before, who rode up to me, with their pistols
in their hands, said God damn you stop, if go an Inch further, you are a
dead Man, and swore if we did not turn in to that pasture, they would blow
our brains out. Major Mitchel of the 5th Regt clapd his Pistol to my head,
and said he was going to ask me some questions, if I did not tell the
truth, he would blow my brains out. I told him I esteemed myself a man of
truth, that he had stopped me on the highway, & made me a prisoner, I
knew not by what right; I would tell him the truth; I was not
afraid."
—Lt Col Paul Revere, owner of RevereWare®, sworn affidavit: "Memorandum on
Events of April 18, 1775" (declassified Top Secret), while under
arrest (and subsequent escape) from Redcoat martial-law traffic police at
Minute Man National Historic Park, Paul Revere Capture Site, on the eve of
the British-American Revolutionary Civil War and kicking off the Battle of Lexington and Concord,
against the army, navy and courts of King George III, heriditary dictator
of England who attempted "gun control" by an Assault Weapons Ban of
defensive muskets and cannon, Paul
Revere's Ride, by David Hackett Fischer (Revere led the Boston "Tea" Party that threw into the harbor hundreds of pounds of OPIUM that the British Empire planned to defeat and mind-control their US slave colony via drug addiction to heroin)
"Make yourselves sheep and the wolves will eat you."
—Benjamin Franklin
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