Wrongfully cited? Police Officer AND Judge make the wrong judgement?

[Michael S]

My friend was recently cited for an infraction in a local city park for "Trespassing" after hours. I was his ride to court, and I sat in during his case.

My friend happened to be open carrying his pistol at the Beach Park after dark, and he was given a trespassing citation for being in the park after hours. In the report, it was noted that he was carrying a firearm. Note that it is 100% legal to open carry a firearm in the state of Washington.

His defense in court was that he was under the impression that he was able to be physically present at the beach park, but thought that the park hours meant that he was only unable to leave his vehicle in the park.

The judge actually admitted that he wasn't 100% sure of how that sign would be interpreted. The sign simply has the hours of the park, but doesn't specifically say if it means "No Parking after hours" or "No Trespassing after hours"

I could tell the judge was leaning toward issuing a fine for the infraction. The judge continuously pestered my friend as to why he had his firearm on him, and he kept saying that he was simply taking a late night jog through the park and said he always carries his pistol with him when he's out late at night, and he argued that the only reason he was stopped and cited was because the officer saw his pistol.

Obviously the judge hadn't seen too many cases like this, otherwise he would have known the policy of the park. The judge ended up ruling that my friend was indeed trespassing.

Now, after my friend faced judgment on his infraction, he ended up calling the Mayors Office AND City Manager the following day to get insight. He spoke directly on the phone with the Mayor and explained his case, and the Mayor explained to him that any citizen can be present at the park after hours, as long as their vehicle is not parked behind the gates after they close. He then gave the Mayor his case number, and the Mayor said he would take further action and that he would be hearing from the city within two weeks.

Does this sound like he was simply stopped and cited because he was open carrying his pistol in the park?

Can the officer and judge get any sort of disciplinary action for wrongfully issuing an infraction when both the Mayors office AND City Manager concluded that he wasn't in violation? What do you think his chances are of getting this ruling dismissed? I mean, it's $150.00, but it's $150.00 that he shouldn't be paying in the first place.

City Council makes the city ordinances and he was wrongfully judged here.

[Sean]

I'm not sure what kind of disciplinary action may or may not be placed upon the Judge and the accusing officer, but I do know that police officers and other law-upholding officials often make biased decisions based on race, age, and lifestyle. It sounds to me that if your friend had not had his gun the officer would not have issued the citation and if he had, the judge would have dismissed it. It sounds an awful lot like a biased decision on their part due to the fact that he had his pistol. His chances of getting the charges dropped, in my opinion, are extremely high, if he gets a good lawyer and takes the judge and officer to court for wrongful citation of trespassing, for discrimination against people who carry firearms. I'm not saying that it will be easy to win, because it won't be. It will take a long time and a lot of hard work, but if your friend is willing to put in the time and effort I believe the charges have a high chance of being dropped.

[Assman0bama]

most parks are closed to any trespassing after dark, so I'd side with the judge, but you should read the city code on parks for this issue.

[avgjoe]

He should of had all of his information before going to court but he may be able to get out of it if the mayor calls the judge. the judge then can enter a dismissal of the charge.

[Arron]

Sounds like the sign wasn't clear. Maybe the city will make an updated sign. It sounds like the city is going to do what they can to get your friends case overturned. If not, file an appeal.

The sign didn't specify whether or not you can physically be there or not. The mayor and city council are the ones who pass city ordinances. I think they would know what their own ordinance means.

[michael h]

he might get the ruling dismissed, however it's important to note that it is not the Mayor who interprets and applies the law, it is the judge.

The judge is interpreting the law as he sees it, based on the evidence that is in front of him there is nothing to discipline him for.