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GTA:VC => Vice City - City Hall => VC:MP - Vice City Multiplayer => VC:MP Courts => Topic started by: Kowalski. on September 19, 2021, 08:11:38 am

Title: United States of Argonath vs. Hulk Green & Andrew Davidson
Post by: Kowalski. on September 19, 2021, 08:11:38 am
(https://i.imgur.com/yXOXh3v.png)
U.S. Federal Bureau of Investigation
Vice City - Miami Division



CASE NO 1909211611



UNITED STATES OF ARGONATH VS. HULK GREEN & ANDREW DAVIDSON

I. Introduction

Greetings to the Vice City Supreme Courts,

In July of 2021, an initial investigation against the VCPD Command Staff was initiated. FBI Agents have kept them under surveillance for some time now and have investigated their activities to determine the legitimacy of our suspicions.

Unfortunately, in the process of our investigation, we found our suspicions to be valid. With that, the United States of Argonath is now prosecuting the VCPD Command Staff for dereliction of duty, causing the entire department's stagnation.




II. Case Breakdown

During July of 2021, it was noticed that civilian complaints were being neglected by the VCPD. Upon further investigation, it was found that the VCPD Command Staff had not handled them, and contravened the Law Enforcement Act in doing so. Based on this dereliction of duty and failure to uphold the department's values to serve and protect, an arrest warrant was requested and approved [1].

Acting Chief Hulk Green was apprehended and arrested in Ocean Beach, through a regulation felony stop. He was escorted to FBI HQ where he was then interrogated by Director Kowalski regarding his refusal to handle the complaints as mandated by law. He claimed he was on a three-month vacation, yet with absolutely no record anywhere, nor even a desk set up. Despite his acting oversight role, it is poor leadership to only immerse himself on the limited basis that he has. He claimed it was the fault of Sergeant Andrew Davidson for not handling the complaints, however, from his responses to the complaints, and the Sergeant's initiative to step up, no further suspensions were issued. As such, protocols were followed, as Director Kowalski suspended the Acting Chief pending trial [2].

A motion was later made by Acting Chief Hulk Green in which he requested that his suspension be overturned. The motion only resulted in the suspension of Sergeant Andrew Davidson for the same offence, and the courts refused to overturn the Acting Chief's suspension. As such, Sergeant Davidson is being prosecuted as well.




III. Intelligence Dissemination and Case Evidence

Dereliction of Duty [1]:

(https://i.imgur.com/UFNi9cD.png)

U.S. Federal Bureau of Investigation
Vice City - Miami Division



U.S. FEDERAL BUREAU OF INVESTIGATION
FEDERAL ARREST WARRANT




Date of File:
21st July 2021.

Agent filing the warrant:
Director Kowalski
              Subject of the warrant:
Acting VCPD Chief Kessu

Warrant type:
Interrogation, Arrest and Suspension.
              Charges and Evidence:
Quote from: Law Enforcement Code of Vice City
Section 3: Complaints against Law Enforcement

Article V: The handling of a complaint may take no longer than 3 (three) weeks.

https://arpd.argonathrpg.com/forum/index.php?topic=42616.0 (https://arpd.argonathrpg.com/forum/index.php?topic=42616.0)

https://arpd.argonathrpg.com/forum/index.php?topic=42612.0 (https://arpd.argonathrpg.com/forum/index.php?topic=42612.0)

Witnesses:
N/A.



Signed,
Director Kowalski
U.S. Federal Bureau of Investigation

Approved.

Interrogation and Arrest [2]:

https://imgur.com/a/X2CDDQV (https://imgur.com/a/X2CDDQV)



IV. Charges and Demands

The United States of Argonath, represented by the Federal Bureau of Investigation disseminates the following charges and monetary penalties demanded:

1.) One (1) count of Dereliction of Duty. // $5,000 ARD.

We demand that the defendants are both fined a monetary penalty of $5,000‬ ARD. We demand that should the defendants be unable to pay the amount, that their assets be liquidized and sold to pay the penalty. The state also demands that both defendants be issued the following reprimand:

1.) Dismissal from the Vice City Police Department.




V. Charges Index and Further Justification

1.) Dereliction of Duty:

Quote from: Law Enforcement Code of Vice City - Section 3: Complaints against Law Enforcement
Article V: The handling of a complaint may take no longer than 3 (three) weeks.



Signed,

(https://i.imgur.com/LtNlmcV.png)

FBI Director Kowalski
        (https://i.imgur.com/rxRd58N.png?1)
FBI Special Agent Goura Mohamed
Title: Re: United States of Argonath vs. Hulk Green & Andrew Davidson
Post by: Kowalski. on September 19, 2021, 08:14:48 am

(https://i.imgur.com/U67CCZR.png)     

U.S. Federal Bureau of Investigation
Vice City - Miami Division




TO: VICE CITY SUPREME COURT, 196 HAVANA HIGHWAY, VICE CITY, MIAMI.
FROM: OFFICE OF DIRECTOR KOWALSKI, FBI HEADQUARTERS, OCEAN BEACH, VICE CITY, MIAMI.

Your honour,

We, the United States of Argonath, have summoned the defendants.

Attached below are copies of the summons sent.


(https://i.imgur.com/U67CCZR.png)     

U.S. Federal Bureau of Investigation
Vice City - Miami Division




TO: ACTING VCPD CHIEF HULK GREEN.
FROM: FBI DIRECTOR KOWALSKI - FBI LEAD PROSECUTOR.


Hulk Green,

This is a notice of summons to the Vice City Supreme Court where you are currently being prosecuted within the case "United States of Argonath vs. Hulk Green & Andrew Davidson". (https://www.argonathrpg.eu/index.php?topic=129832.msg2008874;topicseen#new)

Signed,

(https://i.imgur.com/LtNlmcV.png)

FBI Director Kowalski
FBI Lead Prosecutor

(https://i.imgur.com/U67CCZR.png)     

U.S. Federal Bureau of Investigation
Vice City - Miami Division




TO: VCPD SERGEANT ANDREW DAVIDSON.
FROM: FBI DIRECTOR KOWALSKI - FBI LEAD PROSECUTOR.


Andrew Davidson,

This is a notice of summons to the Vice City Supreme Court where you are currently being prosecuted within the case "United States of Argonath vs. Hulk Green & Andrew Davidson". (https://www.argonathrpg.eu/index.php?topic=129832.msg2008874;topicseen#new)

Signed,

(https://i.imgur.com/LtNlmcV.png)

FBI Director Kowalski
FBI Lead Prosecutor

Signed,

(https://i.imgur.com/LtNlmcV.png)

FBI Director Kowalski
FBI Lead Prosecutor
Title: Re: United States of Argonath vs. Hulk Green & Andrew Davidson
Post by: Andrew_Davidson on October 19, 2021, 02:15:58 am
Greetings to the Vice City Courts,

I respectfully request my suspension be overturned and that I am reinstated immediately to continue my duties.

My expectation of the Chief was that he would handle the complaint, and my intention was to respect the chain of command by not overstepping it and taking over the complaint into my own hands as it was already taken by the chief and the high command.  As aforementioned, my intention was to not overstep the chief and the high command by overtaking the complaints. The Chief has already announced the high command investigating it, in no time was I called by the Chief regarding the complaint. It is, indeed, Chief's duty to handle and investigate complaints. It does apply to all personnel, also to me, but the high command has already started the investigation and I was not called, as I'm part of the lower command. When promoted, VCPD personnel still have previous responsibilities of their old rank. Being promoted, personnel are given additional responsibilities. This means the Chief is indeed responsible for handling of complaints, and this is also further proven by previous police chiefs handling of complaints.

Upon FBI intervening, I immediately took over the complaints and fulfilled my duties  by investigating the complaints. As I was the remaining person in charge, I stepped up accordingly and investigated complaints. Evidence of this is in the complaints linked below.

https://arpd.argonathrpg.com/forum/index.php?topic=42616.0
https://arpd.argonathrpg.com/forum/index.php?topic=42612.0

The high command has an overall duty in staff management, they have more power regarding the staff management, rather than sergeants who have less. As the Chief announced the investigation of complaints with the high command against the staff, it's an aspect of staff management as a high command member. Evidence is in below spoiler.

(https://i.imgur.com/gsyc43L.png)

This evidence shows staff management as a high command duty, and handling of complaints against staff is an aspect of staff management as mentioned before.

This is also proven by previous police Chiefs handling of complaints. Previous Chiefs handled complaints, this is the evidence of that.

https://arpd.argonathrpg.com/forum/index.php?topic=39653.0
https://arpd.argonathrpg.com/forum/index.php?topic=39977.0
https://arpd.argonathrpg.com/forum/index.php?topic=40266.0
https://arpd.argonathrpg.com/forum/index.php?topic=40629.0
https://arpd.argonathrpg.com/forum/index.php?topic=40960.0
https://arpd.argonathrpg.com/forum/index.php?topic=41797.0
https://arpd.argonathrpg.com/forum/index.php?topic=42476.0

Sincerely,
Sergeant Andrew Davidson
Vice City Police Department.
Title: Re: United States of Argonath vs. Hulk Green & Andrew Davidson
Post by: Klaus on August 08, 2022, 05:08:09 pm
(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court



From: The Argonath Administrative Tribunal Committee
Address: 143 Downtown State Street, Downtown Vice City, Florida
Topic: "United States of Argonath vs. Hulk Green & Andrew Davidson"
Proceeding Number: VC-CR0008/2021



Medium Neutral Citation:United States of Argonath vs. Hulk Green & Andrew Davidson[No. 1] [2021] AFCR 14
Date of Decision: 8th August 2022
Jurisdiction:Common Law
Before:Sir Klaus
Catchwords:CRIMINAL LAW - Administrative Tribunal Committee - trial verdict.
Legislation Cited:         Crimes (Further Offences) Ordinance 2017 (http://www.argonathrpg.eu/index.php?topic=75902.0)
Cases Cited: None.
Texts Cited:None.
Parties:United States of Argonath (Prosecution)
Hulk Green, Andrew Davidson (Defendant)
Representation:Kowalski (P)
Hulk Green, Andrew Davidson (D)



JUDGEMENT

[1].        By criminal summons and information filed on the 19th of September 2021,1 Mr Hulk Green & Mr Andrew Davidson (the 'Defendant') stands charged with one (1) counts of Dereliction of Duty under the Law Enforcement Code of Vice City (2021) (https://www.argonathrpg.eu/index.php?topic=129636.0).

[2].        Two complaint reports were sent to the VCPD in the month of April, 2021. As shown within the Prosecutions evidence, the first complaint was filed by Mr Garcia on April 21st, and the second complaint was issued by Mr Klaus on April 29th. 

[3].        The Acting Chief of Police Hulk Green replied to both complaints, acknowledging the reports as being legitimate and opening an investigation on each one. Hulk Green had asked for statements to be given by the Officers involved in each complaint. All requested statements, written by Senior Officer Brand and Officer Hazard, were submitted in less than 3 days proceeding Mr Green's request. 

[4].        Following the statements given by the Police Officers involved, both Complaints were neglected and left unanswered for 4 weeks. This is a clear breach of the Law Enforcement Code of Vice City, where it clearly states within Section 3 Article V that "The handling of a complaint may take no longer than 3 (three) weeks". Sergeant Andrew Davidson closed by reports by July 30th.

[5].        Hulk Green denied any wrongdoing, explaining that he was on vacation, and therefore the next highest ranking Officer available was to take over the handling of these complaints. This was Sergeant Andrew Davidson. Although this does not clear Mr Green from any wrongdoing, it does also incriminate Mr Davidson. The Judge filed for both to be suspended following Trial.

[6].        The Court believes that both Officers are to be blamed for the failure to address the Misconduct Complaints. Although Sergeant Davidson failed to close the Reports within the time allocated, it was also Officer Green's responsibility as High Command to ensure Sergeant Davidson fulfils his role properly. Acting Chief of Police Green initially acknowledged both Complaints, and therefore we believe that to be enough evidence to suggest that Mr Green was defecto handling the Complaints. Therefore, we believe it fair that Mr Green is ultimately responsible for Mr Davidsons oversight. 

[7].        It is unclear from the evidence submitted when exactly Mr Greens vacation was. No defense was submitted by Mr Green, and we therefore cannot use this as any genuine reasoning for not handling the Complaints in time.

[8].        Both Complaints were closed, and we have no reason or request to re-open these Complaints. However, we find it also fair that the VCPD compensate both Mr Garcia and Mr Klaus for their negligence.

Sentencing

[9].        The defendant Mr Hulk Green is found guilty of two (2) counts of Dereliction of Duty.

[10].        The defendant Mr Andrew Davidson is found not guilty of one (1) counts of Dereliction of Duty.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Judge Sir Klaus.

THE COURT ORDERS THAT:

[1].        Complainees Mr Garcia and Mr Klaus to be compensated $10,000 each by the VCPD.

[2].        That the defendant Mr Hulk Green is to be convicted of the crimes for which he has been found guilty for.

[3].        That the defendant Mr Hulk Green be issued a monetary penalty of $10,000 ARD, to be stripped from the defendant's bank accounts and/or if the defendant cannot pay the sum, for the liquidation of any property, businesses, vehicles or other assets to cover such fine with the rest of the liquidation funds to go to the State.

[4].        That the defendant Mr Andrew Davidson be re-assessed by High Command to confirm he is capable of his position of Lower Command.

[5].        The defendant Mr Hulk Green is hereby ordered to be relieved of their duties as VCPD Chief with immediate effect. Their suspension will be handled internally by VCPD High Command.

ORDERED, on this 8th day of August, 2022.

Signed,

Klaus
Sir Klaus
AAT Committee member





~Distributed by authority of the Courts of Argonath~
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